TERMS AND CONDITIONS OF USE

Article 1 – PURPOSE

The RED SWAN video game and its mobile and/or desktop application (the “Application”, “we”, “us”, “our”) is designed to offer its users (“Users”, “you”, “your”) an engaging way to prepare for the TOEIC exam.

The game targets key TOEIC components: Listening comprehension, Reading comprehension, Grammar, Vocabulary, and Time Management Strategies.

RED SWAN is available in two versions:

• Free Demo Version:
  • Requires downloading the Application to a mobile device or accessing it via computer in SaaS mode;
  • Requires prior registration on the RED SWAN website.
• Paid Version:
  • Requires downloading the Application to a mobile device or accessing it via computer in SaaS mode;
  • Requires prior registration on the RED SWAN website, selection of a Subscription Plan, and payment of any applicable fees.

Users can take written tests and earn points (called “Chips”) that may be used in the 3D phase of the game.

This 3D phase is designed to place Users in simulated scenarios, allowing them to apply what they’ve learned in a gamified environment to better prepare for the TOEIC.

With seven distinct game levels, RED SWAN is structured to reflect specific TOEIC exam sections.

Note: RED SWAN does not offer games of chance or gambling. While the 3D phase may be set in a simulated casino, no real betting or gambling is involved. The Chips have no real monetary value and are used purely as a scoring mechanism for entertainment purposes.

These Terms and Conditions of Use (the “Terms”) and the included License Agreement (the “License”) govern the use of services provided through the RED SWAN Application, owned by RED SWAN SARL, a limited liability company with share capital of €5,000, registered with the RCS of PAU under number 932 915 523, and whose registered office is located at 1 Chemin Lesquire, 64370 Arthez-de-Béarn, France.

Article 2 – SCOPE AND ACCEPTANCE OF THE TERMS

2.1 SCOPE

These Terms, including any future updates, apply without restriction or reservation to the use of the services and digital tools made available to Users of RED SWAN once a User registers on the RED SWAN website and/or downloads and uses the Application.

These Terms apply regardless of any clauses that may appear in the User’s own documents, including any general purchasing terms.

These Terms apply exclusively within French territory (including DOM-TOM).

2.2 ACCEPTANCE OF THE TERMS

By checking the box “I have read and accept the Terms and Conditions,” the User confirms:

• They have read, understood, and accepted these Terms, including the integrated License Agreement and all referenced documents, including the Privacy Policy;
• They are a physical person aged eighteen (18) years or older. If not, the User is not permitted to use RED SWAN.

If you do not agree to these Terms and the included License, do not install or use RED SWAN. In such cases, no license shall be granted, and use of the Application is prohibited.

The User may download, store on a computer or durable medium, email, or print a copy of these Terms for future reference.

2.3 MODIFICATIONS TO THE TERMS

RED SWAN reserves the right to amend these Terms at any time.

Changes to these Terms become binding on Users from the moment they are published online. The updated Terms must be accepted upon relaunching the Application or when purchasing paid services.

Users are informed of modifications to the Terms either when the Application is launched or during the purchase process. For paid services, additional conditions may be imposed by the relevant App Stores.

Users have the right to object to the modified Terms. In such cases, RED SWAN will block the User’s access to their account.

The modification notice will inform Users of their right to object, the deadlines involved, and the consequences of an objection. RED SWAN will strive to provide a reasonable notice period.

Replacement of paid services in the event of termination due to objection is excluded, unless otherwise required by the policies of the Google Play Store or Apple App Store.

Article 3 – ACCESS TO THE APPLICATION AND USE OF OUR SERVICES

3.1 ACCESS TO THE APPLICATION

The RED SWAN Application can be downloaded from the Google Play Store or Apple App Store. Any unauthorized download or use of a non-compliant version may lead to legal action, including criminal prosecution.

Access to the RED SWAN Application requires an internet connection. RED SWAN does not provide internet services and disclaims any responsibility for mobile data charges imposed by your service provider.

3.2 ACCOUNT CREATION

Registration and the creation of a user account are mandatory to access all features of the RED SWAN Application. Registration requires the collection of certain personal information, such as the User’s email address.

During registration, the User must choose a username and password.

RED SWAN reserves the right to reject usernames it deems inappropriate and to delete the account of any User whose username is deemed inappropriate. RED SWAN also reserves the right to refuse registration if there are concerns about the User’s identity or age. Users must choose an available and lawful username. The chosen username must not infringe any intellectual property rights (e.g., use of a registered trademark or the name of a protected work), trade names, or personal rights of third parties (see Article 10 below).

The User agrees to provide accurate and truthful information. If the User provides, or RED SWAN has reasonable grounds to suspect that the User has provided, false, inaccurate, outdated, or incomplete information, or if RED SWAN reasonably believes the User has failed to comply with any obligations under these Terms, RED SWAN reserves the right to suspend or terminate the User’s account and prohibit current and/or future access to the Application.

If login credentials are lost, Users may reset their password via the email reset option.

By registering, the User confirms acceptance of these Terms and the Privacy Policy.

3.3 PERSONAL USE OF OUR SERVICES

Each login is presumed to be made by the registered User, who must not share their login information with anyone. RED SWAN cannot be held liable for the use of login credentials and any resulting actions, except where such use is solely the fault of RED SWAN.

Account creation and use of RED SWAN services are strictly personal. Failure to comply may result in the deletion of the User’s account.
Each individual is permitted to register only one (1) account. Users must be physical persons. The creation of multiple accounts by the same individual is prohibited and may result in the closure of all associated accounts.

Users may not use their RED SWAN account for commercial or profit-making purposes. Accounts may not be transferred, assigned, or sold to any third party.

Any such action will result in immediate termination of the User’s account.

Only Professional Clients, such as educational institutions, may assign a license to a third party within the framework of a specific agreement with RED SWAN and strictly in accordance with the contractual terms (see Article 11).

The User is required to keep their login details confidential and protect them from unauthorized access. The User must promptly notify RED SWAN of any misuse or unauthorized use of their username, password, or account of which they become aware.

Notifications must be sent via email to support@redswantutor.com, upon which RED SWAN will disable access to the Application using the compromised credentials within a maximum of twenty-four (24) hours from receipt of the notification.

The User remains solely responsible for their account and login information. The Application must be used exclusively for personal, non-commercial, and entertainment purposes, and strictly in accordance with these Terms.

3.4 USE BY PROFESSIONAL CLIENTS

RED SWAN offers Professional Clients—such as educational institutions—the possibility to provide access to RED SWAN for their students, teachers, or employees.

These individuals are then considered Users and are fully subject to these Terms.

The Professional Client subscribes to a defined number of licenses, which it allocates exclusively to members of its organization. These licenses are personal and non-transferable, as specified in these Terms. The Professional Client is responsible for providing the necessary identity and contact details of each User.

The terms of such subscription are governed by a separate contract. In this context, RED SWAN acts strictly as a data processor within the meaning of Article 28 of the General Data Protection Regulation (GDPR).

Article 4 – USE OF THE APPLICATION

4.1 FUNCTIONALITY OF THE APPLICATION (GENERAL USER)

The User logs in using their username and password to access the RED SWAN Application.

Upon login, the User lands on the RED SWAN Game Home Page, where they can access various tabs:

• Go to the Free Demo
• Go to the Park (first game environment – accessible to paying Users only)
• Go to the Casino (second game environment – accessible to paying Users only)
• Score (accessible to paying Users only)

It is reiterated that Chips are virtual and hold no real monetary value.

Users with a paid Subscription Plan may choose whether or not to make their score public and can access their individual scores (with period selection), goals, and total hours spent in the game.

Any scoring system or unit involving rewards, money, or real-world value is strictly prohibited. Chips may only be used within the Application environment and are not permitted for use outside of it.

Profile transfers are not permitted.

RED SWAN may offer, in addition to core features, optional services that provide specific advantages or extensions beyond the standard version of the Application.

4.2 FUNCTIONALITY FOR PROFESSIONAL CLIENTS

The Professional Client logs in using a unique username and password to access the RED SWAN administrative platform.

From the admin platform, the Professional Client can:

• View student results (last three scores, time spent, goals),
• Manage subscription details.

No access to gameplay is available through the admin platform.

The administrative platform allows the Professional Client to:

• Enter or edit the name of a User associated with a license,
• Manage subscriptions and active plans,
• View scores and time logs (with date range selection).

Entering the name of a new User triggers an initial login link sent to the designated User (who is not a contracting party), allowing them to choose a username and password and begin using the game.

4.3 FREE DEMO VERSION – RED SWAN SUBSCRIPTION PLANS

The Application features two game environments:

1. Learning Environment – where Users earn Chips.
2. 3D Game Environment – unlocked once a sufficient Chip score has been achieved. In this immersive environment, Users interact with virtual characters to apply knowledge in a simulated TOEIC-preparation setting.

The Free Demo only allows limited access to the first environment and restricted interaction in the second environment (limited to a single question).

The various Subscription Plans (hereafter the “Plan” or “Plans”) generally vary by license duration. User interaction within the game is only limited by the Chip score earned in the first environment. Progression is possible by returning to the learning environment and engaging with the training content.

Detailed terms of each Plan are available under the “Subscriptions” tab on the RED SWAN website.

4.4 SCORING UNIT – CHIPS

The RED SWAN Application uses virtual Chips as the unit of score. Chips may be used only within the RED SWAN Application.

Chips cannot be sold, transferred, refunded, or exchanged.
They do not have commercial or monetary value, nor are they fungible. A User’s Chip balance does not represent any stored value or right to payment or service.

Any misuse or breach of these conditions shall result in immediate termination of the User’s access to the Application. RED SWAN also reserves the right to refuse future contractual engagement with the User.

The User does not own the Chips. All rights, including intellectual property and proprietary rights, remain the sole property of RED SWAN.

Users cannot purchase Chips from RED SWAN or any third party. When using Chips, the User is granted a limited, personal, and revocable right to use them strictly within the context of the Application.

Article 5 – PRICING

5.1 PRICING

The prices for using the Application are displayed within the Application in euros, both excluding and including all applicable taxes.

Specific pricing applies to:

• Individual consumers,
• Professional clients,
• Educational institutions using RED SWAN.

RED SWAN reserves the right to change the pricing of any subscription plan at its sole discretion.
Any increase in VAT (Value Added Tax), or any equivalent tax depending on the destination country, will be applied automatically and immediately to RED SWAN’s prices. The same applies in the event of the creation of any new tax based on the price for which RED SWAN becomes liable.

Please note that all connection and communication charges (e.g., Internet or mobile data usage) related to use of the Application are the sole responsibility of the User and are not covered by RED SWAN.

5.2 PAYMENT

Payment for subscriptions or plans is made through the Application by credit card.

Credit card payments are irrevocable, except in the event of fraudulent use of the card. In such cases, the User must notify RED SWAN as soon as possible to request cancellation and reimbursement.

RED SWAN is not obliged to provide access to paid services or tokens unless the corresponding amount has been paid in full under the specified conditions.

No fees exceeding RED SWAN’s actual cost of providing the payment method will be charged to the User.

Unless the User provides evidence to the contrary, RED SWAN’s computer systems and those of its partners, maintained under reasonably secure conditions, will be considered as valid proof of communications, orders, validations, and payments made between the User and RED SWAN. These records are archived on a reliable and durable medium and constitute reliable copies within the meaning of Article 1379 of the French Civil Code.

Article 6 – ALERT PROCEDURE

The User may report any fraudulent use of the Application, or any content that may violate legal or regulatory provisions, through the alert procedure described below.

Likewise, any individual who believes their rights have been infringed on the Application may notify RED SWAN (in accordance with Article 6-I-5 of Law No. 2004-575 of 21 June 2004) by registered mail with acknowledgment of receipt, including the following information:

• Their identification:
  • If a physical person: full name, date of birth, nationality, address, and profession.
  • If a legal entity: legal form, business name, registered office, and name of the legal representative.
• A description of the offending content and its precise location on the Application.
• The reasons why the content should be removed, including the relevant legal provisions.

The User is informed that RED SWAN reserves the right, in accordance with the law, to remove or disable access to any content it becomes aware is manifestly unlawful.

Article 7 – DURATION

The License is granted for the duration defined in the selected Plan. At the end of this period, and in the absence of prior termination by either party, the License will be automatically renewed for an equivalent period.

The contracting User will be notified seven (7) days prior to the expiration of their Plan. They may oppose the renewal by clicking the appropriate link no later than twenty-four (24) hours before the end date.

The User may also deactivate automatic renewal at any time from their personal account settings. In such cases, the License will not be renewed upon expiration.

Article 8 – TERMINATION

8.1 BY THE USER

The User may terminate their subscription in the event of a material breach by RED SWAN of its obligation to provide access to the game, by sending a registered letter with acknowledgment of receipt to the following address:

RED SWAN SARL
1 Chemin de Lesquire
64370 Arthez-de-Béarn
France

The User must include any relevant information they deem necessary, along with their RED SWAN username and email address.

8.2 BY RED SWAN

Without prejudice to any damages RED SWAN may claim, RED SWAN reserves the right to terminate the User’s account and the License granted to the User or Professional Client in the event of:

• Breach of these Terms,
• Infringement of RED SWAN’s or third parties’ intellectual property rights,
• Bypassing or attempting to bypass technical protection measures,
• Submission of false information during registration,
• Full or partial non-payment,
• Inappropriate content or behavior contrary to the Code of Conduct (Article 9),
• Engaging in prohibited actions (Article 10),
• Transferring scores or accounts,
• Acts contrary to RED SWAN’s commercial interests,
• Violation of applicable laws or regulations.

If you believe your account was terminated in error, you may contact support@redswantutor.com. RED SWAN may reinstate any virtual content or features if it has valid reason to believe the action taken was not sufficiently justified.

If the User subscribes to monthly paid services, they may cancel those payments upon termination.

Where feasible, RED SWAN will inform the User of the termination.

Article 9 – CODE OF CONDUCT

The User agrees to comply with all applicable laws and regulations while using the RED SWAN Application and to respect the rules of the game.

Users are strictly prohibited from cheating, developing, or assisting in the development of cheating systems.

In case of a violation of the above obligations, RED SWAN reserves the right to terminate the offending User’s account. In the most serious cases, RED SWAN may also pursue civil and/or criminal proceedings.

Article 10 – PROHIBITED ACTIONS

RED SWAN is not the publisher of content created or shared by Users. Users are fully and solely responsible for the content they post in interactive areas of the Application.

In particular, it is strictly prohibited to use these spaces for communication or expression to:

• Transmit any content that is illegal, threatening, abusive, harassing, defamatory, offensive, violent, vulgar, obscene, shocking, hateful, discriminatory, or racist;
• Transmit any content that constitutes, or may constitute, without limitation: glorification of or incitement to commit crimes or offenses; incitement to suicide; incitement to drug use or consumption of prohibited substances; incitement to commit acts of terrorism;
• Transmit any message that infringes on intellectual property rights or personal rights;
• More generally, transmit any objectionable content contrary to public order or decency and/or in violation of French, European, or international law;
• Publish or transmit “shocking” images or content of a sexual or pornographic nature;
• Post chain letters, pyramid schemes, or financial scams;
• Engage in “spamming” by posting frequent, unsolicited, or irrelevant messages unrelated to the Game or Services;
• Publish content promoting hacking, cheating, or piracy;
• Transmit any content containing computer viruses or any code, file, or program designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications system;
• Post complaints or grievances directed at RED SWAN;
• Post promotional messages about the User’s own website, services, products, a competing game/site, or an affiliated website;
• Post divisive or controversial topics such as politics or religion;
• Post personal attacks against other Users;
• Disrespect administrators, moderators, or any RED SWAN personnel;
• Impersonate a RED SWAN representative or staff member and spread false information.

It is also strictly forbidden to use the RED SWAN Application for the purpose of:

• Committing any illegal or fraudulent act;
• Sharing illegal, harmful, defamatory, obscene, or otherwise inappropriate content;
• Disrupting the functionality of the Application or using malicious software or programs to harm the RED SWAN platform;
• Extracting or attempting to extract any information from the software, including source code.

Commercial use of the RED SWAN Application is strictly prohibited. Users may not:

• Use RED SWAN to gamble, bet, or engage in any activity that offers a direct or indirect monetary prize;
• Use RED SWAN in a manner contrary to anti-money laundering regulations;
• Sell account content or accounts on the RED SWAN platform;
• Infringe upon RED SWAN’s intellectual property rights.

In the event of any violation of the above, RED SWAN reserves the right to terminate the User’s account and may initiate legal proceedings in the most serious cases.

Article 11 – LICENSE AND INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY

All content developed or made available by RED SWAN remains the exclusive property of RED SWAN.

GRANTED LICENSE

RED SWAN grants Users a personal, limited, revocable, non-exclusive, and non-transferable license to access and use its services solely for non-commercial and entertainment purposes, subject to full compliance with these Terms.

This license is strictly limited to the terms set forth in these Terms of Use. Upon termination of the agreement, the license is automatically and immediately revoked.

The User is not permitted to sell, copy, exchange, loan, reverse engineer, decompile, derive source code from, translate, rent, encumber, transfer, publish, assign, or otherwise distribute the Application or any of RED SWAN’s intellectual property, including computer code or virtual content.

The User may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, loan, modify, adapt, edit, sublicense, or otherwise transfer or use any course or content, nor create derivative works thereof, without express written authorization from RED SWAN.

Users may not extract or use source code or data from RED SWAN services without explicit written permission.

The User does not acquire any ownership rights to RED SWAN’s content or services.

Article 12 – LIABILITY

12.1. GENERAL LIABILITY

RED SWAN’s liability towards the User may only be incurred for damages directly attributable to RED SWAN that result in direct harm to the User. Any indirect or consequential loss is expressly excluded. RED SWAN is bound only by a best-efforts obligation toward its Users.

RED SWAN takes all reasonable steps to ensure the security of User Accounts. However, RED SWAN shall not be held liable for the User’s negligence in safeguarding their username and password (as detailed in Article 3).

The User remains responsible for any content or information they publish within the Application. RED SWAN reserves the right to reject, refuse to publish, or delete any User Content that violates these Terms.

RED SWAN does not guarantee that its services or content are free from errors, defects, or bugs, nor that they will meet the specific expectations of the User. The services are not tailored to meet the personal needs of each User.

Accordingly, RED SWAN’s liability is strictly limited to proven, direct damages suffered by the User. RED SWAN shall not be held liable for:

• Any force majeure event, as commonly defined by French courts, i.e., abnormal or unforeseeable circumstances beyond RED SWAN’s control and whose consequences could not have been avoided (see Article 14);
• Suspension, restriction, or termination of access to the RED SWAN Application;
• Any loss or corruption of data, except in cases of deliberate fault by RED SWAN;
• Any indirect damages;
• Any loss of profit, revenue, opportunity, clientele, data, brand reputation, or non-material damage such as system failure.

Liability is also excluded in cases of misuse of services by the User or fault on the part of the User. Likewise, RED SWAN shall not be held liable for actions attributable to a third party.

12.2. LIABILITY FOR PAID SERVICES

The services sold by RED SWAN are compatible with non-professional use. The User is entitled to the legal guarantee of conformity and the legal guarantee against hidden defects without additional charge.

12.2.1. Legal Guarantee of Conformity

RED SWAN guarantees, in accordance with the applicable legal provisions and at no additional cost, that its paid services conform to their description and to French law. RED SWAN shall not be liable for non-compliance with regulations in the User’s country, which remains the User’s sole responsibility.

In the event of a lack of conformity, the User may request:

• Correction or replacement of the non-conforming service free of charge,
• A price reduction,
• Or termination of the sale, under the conditions provided by law.

The User may also withhold payment of all or part of the price until RED SWAN fulfills its obligations under the legal guarantee, in accordance with Articles 1219 and 1220 of the Civil Code and Article L224-25-17 of the French Consumer Code.

The User may request compliance or replacement under Article L224-25-18 of the French Consumer Code. Compliance must be carried out without undue delay. If compliance is impossible or causes disproportionate costs (Article L224-25-19), RED SWAN may refuse it. If refusal is not permitted, RED SWAN may be forced to comply through legal action under Articles 1221 and following of the Civil Code.

Under Article L224-25-20, the User may demand a price reduction or cancellation of the sale (unless the defect is minor).

In cases of a serious defect, the User may cancel the sale immediately without first requesting compliance.

Any price reduction must be proportional to the difference in value between the service provided and a conforming service.

In the event of cancellation, the User will be reimbursed within 14 days, using the same payment method, unless otherwise agreed.

These rights are without prejudice to any damages the User may claim for losses caused by the lack of conformity.

12.2.2. Legal Guarantee Against Hidden Defects

RED SWAN is liable for hidden defects resulting from faulty design or implementation of its services.

Under Article 1641 of the French Civil Code, the User may choose between cancelling the sale or receiving a price reduction, in accordance with Article 1644 of the Civil Code.

12.2.3. Exclusion of Guarantees

RED SWAN shall not be held liable or deemed in breach for any delay or failure due to:

• A force majeure event,
• Improper use or use for professional purposes by the User.

Article 13 – PARTIAL INVALIDITY

If any provision of these Terms is declared invalid or unenforceable pursuant to a law, regulation, or final court decision, the remaining provisions shall remain in full force and effect.

Article 14 – FORCE MAJEURE

Neither Party shall be held liable for the failure or delay in the performance of any of their obligations under these Terms if such failure or delay results from an event of force majeure, as defined under Article 1218 of the French Civil Code. This includes, but is not limited to: strikes, terrorist acts, riots, insurrections, wars, cyberattacks or widespread malware, governmental action, epidemics, natural disasters, or failures attributable to third-party telecommunications providers.

The Party affected by the force majeure must promptly inform the other Party and provide evidence of its inability to perform.

During the force majeure event, obligations are suspended without penalty. Performance must resume promptly once the event has ceased, provided it does not exceed thirty (30) days.

If the event of force majeure lasts more than thirty (30) days or is deemed permanent, either Party may terminate the contract without penalty. In that case, RED SWAN, its banking partners, and the User will be released from their obligations without compensation.

Article 15 – RIGHT OF WITHDRAWAL

Subscription payments are made via the RED SWAN website. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to digital services that are activated immediately after purchase.

Since RED SWAN subscriptions grant access to digital content immediately upon payment confirmation, the User expressly waives their right of withdrawal at the time of registration.

The User is informed and acknowledges that by subscribing to RED SWAN, no right of withdrawal is applicable. As access to the service is granted immediately—within a period shorter than the legal fourteen (14) day withdrawal period—the User expressly agrees to waive their right of withdrawal when confirming the subscription.

By checking the appropriate box during the subscription process, the User confirms their agreement to the immediate execution of the service, before the expiry of the fourteen (14) day legal withdrawal period. The User further acknowledges that they forfeit their right of withdrawal once RED SWAN has begun performance of the service, in accordance with Article L.228-1, 1° and 13° of the French Consumer Code.

Article 16 – GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use are governed by and construed in accordance with French law.

Any dispute concerning the validity, interpretation, or performance of these Terms shall fall under the jurisdiction of the courts of PAU, or any other territorially competent court under the applicable legal provisions.