Terms of Use of the Xtreme Fest application

Version: V1 — Effective date: June 12, 2026

This is a courtesy translation provided for convenience. In case of any discrepancy, the French version, available at Conditions générales d'utilisation, prevails.

1. Preamble

The Xtreme Fest mobile application (hereinafter the "Application") is a digital service published by Michel MALDONADO, sole proprietor.

The purpose of the Application is to provide festival-goers with content and features useful to their festival experience, including access to the programme, artist pages, practical information, an interactive map, a personal schedule, favourites and certain notifications related to the service.

The purpose of these Terms of Use (hereinafter the "Terms of Use") is to define the conditions under which any user may access and use the Application.

These Terms of Use exclusively cover the present version (hereinafter "V1") of the Xtreme Fest mobile Application. They govern neither editorial content distributed outside the Application, nor physical services performed by third parties, nor financial services, payment services, marketplaces, advertising services or other separate services that may be offered at a later date.

Any use of the Application implies full and unreserved acceptance of these Terms of Use.

2. Identification of the Publisher

The Application is published by:

Publisher: Michel MALDONADO, sole proprietor (EI)
SIREN: 922 725 809
Address: available on request via the contact e-mail address below
Contact e-mail address: contact+xtremefest-app@wtsh.io
Publication director: Mr Michel MALDONADO

The Application is hosted and operated with the assistance of technical service providers, the details of which are set out in the Privacy Policy or in any additional information document made available to users.

3. Definitions

For the purposes of these Terms of Use, the terms below have the following meaning:

Application: the Xtreme Fest mobile application, available on compatible iOS and Android devices, together with all of its features accessible in V1.
Account: the logical space associated with an e-mail address allowing the User to access certain additional features, in particular the synchronisation of their data across several devices.
Content: all texts, programmes, schedules, artist pages, maps, illustrations, visuals, data, graphic elements, practical information and, more generally, any content accessible within the Application.
Local Notifications: reminders displayed locally on the User's device, generated by the Application according to the User's choices.
Push Notifications: notifications sent to the User's device via the messaging services of the mobile operating systems.
Privacy Policy: the separate document describing the processing of personal data carried out in connection with the Application.
Third-Party Services: services, content, websites, modules, interfaces, players, widgets or technologies operated by third parties, accessible from the Application or integrated into it.
User: any natural person accessing, downloading, installing or using the Application, with or without creating an account.
Anonymous User: any User accessing the Application without creating an account.
Authenticated User: any User who has created an account within the Application.

4. Scope of application

These Terms of Use apply to any User who downloads, installs, consults, browses the Application or uses any of its features, including without creating an Account.

When the User creates an Account, they remain subject to these Terms of Use, which supplement any specific information communicated to them upon registration or when using certain features.

The User acknowledges that these Terms of Use remain applicable throughout the entire period of use of the Application.

5. Purpose and description of the service

Xtreme Fest is a mobile application providing information and making available content and features useful to festival-goers.

As at the effective date of these Terms of Use, the Application allows the User, in particular, depending on the features available:

To consult a festival's programme;
To access artist pages;
To build favourites and a personal schedule;
To consult an interactive map of the site;
To access practical information relating to the festival;
To use certain features offline;
To receive certain notifications related to the operation of the service or to the festival experience.

The Application is provided within the limits of the features actually available at the time of its use.

6. Exclusions from scope

In its current version, the Application is not:

A ticketing service;
A payment operator or a payment service provider;
A marketplace or a transactional platform;
An intermediary contracting in the name and on behalf of festivals, artists, partners or users;
A service guaranteeing that an event will actually take place, that an artist will remain on the line-up, the absolute real-time accuracy of any programming information, or the continuous availability of third-party services.

Any service, product or offering provided by a third party or by a festival organiser remains subject to the specific terms and conditions applicable to that third party or organiser.

7. Conditions of access to the Application

Access to the Application requires that the User has:

A compatible device;
A compatible operating system;
Access to the applicable download platforms;
And, for certain features, an active internet connection.

Certain consultation features of the Application may be accessible offline, provided that the relevant data has previously been downloaded or synchronised.

Use of the Application is reserved for persons aged at least 15 years.

The User represents and warrants that they meet this age requirement. If the User has not reached this age, they undertake not to use the Application.

8. Acceptance of the Terms of Use

These Terms of Use are accessible at any time from the Application.

Downloading, installing, accessing or using the Application constitutes acceptance of these Terms of Use.

Where the Application provides for an express acceptance mechanism, in particular when creating an Account, the User undertakes to provide only accurate, up-to-date and complete information.

In the event of disagreement with all or part of these Terms of Use, the User must immediately cease using the Application.

9. Conditions of use of the service

The User may use the Application within the limits of its features and its normal purpose.

The User undertakes to use the Application fairly, in accordance with its intended purpose, these Terms of Use, and the applicable laws and regulations.

The Application is intended for personal, private and non-commercial use, unless the Publisher has given prior written authorisation.

The User acknowledges that certain features may vary depending on the festivals, editions, device settings, version of the Application, quality of the internet connection, permissions granted at operating system level or technical choices made by the Publisher.

10. Use without an account and account creation

10.1 Use without an account

The User may access a substantial part of the Application's features without creating an Account.

In this context, the Application may associate the User's usage with a pseudonymised technical identifier generated automatically on their device, in order to enable the operation of the service and, where applicable, the technical synchronisation of certain data associated with the session or the device.

10.2 Account creation

Creating an Account is optional.

Where offered, it allows the User, in particular:

To synchronise their data across several devices;
To retain certain preferences or usage data;
To access certain additional features that may be available.

To create an Account, the User must provide a valid e-mail address and follow, where applicable, the verification process put in place by the Publisher.

The User undertakes to create only one Account in their own name and not to impersonate a third party.

10.3 Credentials

The User is solely responsible for the confidentiality of their login credentials.

It is the User's responsibility to take all appropriate measures to preserve the security of their Account and their device.

Any use of the Application by means of the User's credentials is deemed to have been made by the User, unless proven otherwise.

In the event of loss, theft, disclosure or unauthorised use of their credentials, the User must inform the Publisher as soon as possible and carry out, without delay, any appropriate reset.

11. Account deletion

Where this feature is available, the User may request the deletion of their Account from the Application's settings or by any other means indicated by the Publisher.

Deletion of the Account entails, subject to legal retention obligations and the processing described in the Privacy Policy:

The deletion or erasure of the personal data associated with the Account;
The removal of the access rights linked to that Account;
The termination of features requiring authentication.

Certain data previously anonymised, aggregated or necessary for the exercise or defence of the Publisher's rights may be retained under the conditions set out in the Privacy Policy.

After deletion of the Account, the User may continue to use the Application in anonymous mode, if this feature is available.

12. Notifications and service-related communications

The Application may generate Local Notifications and, where applicable, Push Notifications, subject to the device settings and the permissions granted by the User at operating system level.

In V1, the notifications sent in connection with the Application have a factual and utilitarian purpose, related to the operation of the service, the festival experience or useful information associated with the relevant festival.

No notification is sent if the User has not authorised this channel at operating system level where such authorisation is required.

The User may at any time change their notification preferences from the Application or from their device settings, as the case may be.

13. Geolocation of the User

Where the Application offers features relying on the User's geographical position, these may in particular allow the display of the User's position on the interactive map, orientation within the festival site, the identification of nearby stages, areas, points of interest or services, as well as, where applicable, the sending of notifications or contextual information related to their location.

Access to the User's geographical position is subject to the permissions granted by the User at the operating system level of their device. The User may, at any time, authorise, limit, suspend or disable the Application's access to their location from their device settings, under the conditions offered by the operating system used.

In the event of refusal, deactivation or limitation of access to geolocation, the User acknowledges that certain features of the Application may be unavailable, degraded or less accurate, in particular the interactive map, orientation, on-site location and contextual notification features. Features that do not require access to location will remain accessible, subject to their technical availability.

Unless otherwise brought to the User's attention in the Privacy Policy, the Application is not intended to continuously track the User, nor to collect their movement history, nor to use their location data for advertising, commercial or profiling purposes.

The conditions under which geolocation data is processed, in particular the purposes pursued, the applicable legal basis, the retention period, any recipients, the User's rights and how to exercise them, are set out in the Privacy Policy accessible from the Application.

14. Third-Party Services

14.1 Principle

Certain features of the Application may integrate, embed or redirect to services, content or websites published by third parties.

Access to or use of certain features of the Application may require, where applicable, acceptance of the terms of use, privacy policies or other terms specific to these Third-Party Services.

These Third-Party Services are operated under the exclusive responsibility of their respective publishers, over whom the publisher of the Application exercises no control.

14.2 Consequences

The Publisher guarantees neither the availability, nor the continuity, nor the compliance, nor the accuracy, nor the lawfulness, nor the security of the Third-Party Services, nor of the content accessible through them.

The User acknowledges that the use of a Third-Party Service takes place under their sole responsibility and within the contractual framework specific to the third party concerned.

14.3 Specific case of cashless services and third-party content

Where the Application provides access to a module or Third-Party Service relating to a cashless system, or to the playback of music, video or other external content, the User acknowledges that this service is provided by a third party and not by the Publisher.

In particular, where the Application provides access to a payment service, a cashless wallet or the consultation of external content, the Publisher does not act as a payment service provider, does not process transactions and assumes no liability in connection with the performance of that third-party service.

15. Obligations of the User

The User undertakes, in particular, not to:

Use the Application for unlawful, fraudulent or abusive purposes or purposes contrary to public order;
Infringe the rights of third parties or of the Publisher;
Attempt to access without authorisation any spaces, roles, interfaces or features not intended for the public;
Circumvent, neutralise or disrupt security, authentication or access control mechanisms;
Copy, extract, reproduce, distribute, display, adapt or exploit all or part of the Application or the Content, except in the cases authorised by law or by the Publisher;
Introduce into the Application viruses, malicious code or any device intended to compromise its operation;
Use the Application in a manner likely to harm its availability, integrity or security, or the experience of other users.

The User is solely responsible for the consequences of their use of the Application.

16. Reports, support and feedback

The Application may allow the User to send to the Publisher:

Reports of malfunctions;
Reports relating to manifestly unlawful content or content infringing the rights of third parties;
Suggestions for improvement;
Feedback or reviews;
Proposals of festivals or events.

In this context, the User undertakes not to transmit any content that is unlawful, defamatory, insulting, threatening, violent, obscene, infringing, or that violates the rights of a third party.

Unless otherwise stated, the feedback, suggestions, ideas and proposals communicated to the Publisher may be freely used by the Publisher, without financial consideration, for the purposes of improving, maintaining, developing, promoting or evolving the Application, subject to personality rights and the regulations applicable to personal data.

The Publisher does not guarantee that it will act on any report, request or suggestion, nor that it will respond within a specific time frame, unless otherwise required by law.

17. Intellectual property

The Application, its structure, its architecture, its interfaces, its graphic elements, its distinctive signs, its documentation, its databases, its texts, its design, its features, and all the elements composing it, are protected by intellectual property law and remain the exclusive property of the Publisher and/or of their respective rights holders.

These Terms of Use do not entail any transfer of ownership to the User.

The User is granted a personal, revocable, non-exclusive, non-assignable and non-transferable right of use, limited to the use of the Application in accordance with its intended purpose and for the authorised period of use.

Any reproduction, display, adaptation, translation, extraction, reuse, making available, distribution or exploitation, in whole or in part, of the Application or its Content, by any means whatsoever, without the prior written authorisation of the Publisher or the relevant rights holder, is prohibited.

Content, trademarks, services, players, visuals or technologies belonging to third parties and accessible from the Application remain the property of their respective holders. The User must respect the rights attached to them.

18. Personal data and privacy

Use of the Application may give rise to the processing of personal data.

Information relating to the identity of the data controller, the categories of data processed, the purposes, the legal bases, the recipients, the retention periods, any transfers of data outside the European Union, as well as the rights of data subjects and how to exercise them, is set out in the Privacy Policy accessible from the Application.

Where certain processing operations or access to information stored on the device require the prior consent of the User, such consent is collected under the conditions provided for by the applicable regulations.

The User may withdraw their consent at any time, in accordance with the procedures set out in the Application and in the Privacy Policy.

For any request relating to their personal data, the User may contact the Publisher at the following address: contact+xtremefest-app@wtsh.io.

19. Availability, maintenance and evolution of the Application

The Publisher endeavours to ensure the accessibility and proper functioning of the Application.

However, the Application is provided "as is", with the features available on the day of its use.

The Publisher reserves the right, at any time and without notice:

To evolve, correct, update or modify the Application;
To temporarily suspend access to all or part of the Application for reasons of maintenance, security, improvement, updating or technical evolution;
To remove certain features;
To make access to certain features conditional on an update of the Application.

No feature that is merely contemplated, announced as forthcoming, experimental or under development shall be regarded as a firm commitment by the Publisher.

20. Liability

20.1 Principle

The Publisher is responsible for providing the Application under the conditions set out in these Terms of Use and in the applicable mandatory legal provisions.

20.2 Limitations inherent to the service

The Publisher shall not be held liable for:

Interruptions, breakdowns, unavailability or malfunctions attributable to the internet network, operators, download platforms, the operating system, the User's device or a third-party service;
The consequences of improper use of the Application by the User;
The incompatibility of the Application with certain devices, systems, software or obsolete versions;
The consequences of the User's refusal to grant certain permissions necessary for the operation of certain features.

20.3 Information and content

The Publisher endeavours to ensure the reliability of the information accessible in the Application.

However, the Publisher does not guarantee that all the information distributed in the Application is error-free, exhaustive, complete, accurate in real time or constantly up to date, in particular where such information depends on data provided by partners, organisers, rights holders or third-party service providers, on external events or on changes occurring at short notice.

The User remains solely responsible for the use they make of the information consulted via the Application.

20.4 Third-Party Services

The Publisher is not responsible for the content, services, transactions, data processing, contractual terms, unavailability or damage resulting from the use of Third-Party Services accessible from the Application.

20.5 Prohibited exclusions

No provision of these Terms of Use shall have the purpose or effect of excluding or limiting the Publisher's liability in cases where such exclusion or limitation would be prohibited by the applicable mandatory legal provisions.

21. Free of charge

As at the effective date of these Terms of Use, access to the Application is free of charge for festival-goers.

Unless otherwise stated, the Application contains neither paid in-app purchases, nor embedded advertising, nor subscription billing for general public use of V1.

The Publisher nevertheless reserves the right to subsequently change the economic model of the Application, subject to prior information being provided to the users concerned and, where applicable, to an amendment of these Terms of Use and of any relevant contractual or informational document.

22. Complaints

Any complaint relating to the Application, its operation or the performance of these Terms of Use must first be addressed to the Publisher at the following address: contact+xtremefest-app@wtsh.io.

The User undertakes to describe the subject of their request precisely and to provide any information useful for its handling.

The Publisher will use its best efforts to handle complaints within a reasonable time.

23. Consumer mediation

In accordance with the provisions of the French Consumer Code, any User who qualifies as a consumer has the right, in the event of a dispute not resolved following a prior written complaint addressed to the Publisher, to have recourse, free of charge, to a consumer mediator.

The contact details of the competent consumer mediator to which the Publisher is subject are as follows:

LYON MEDIATION
161 cours Tolstoï – 69100 VILLEURBANNE
https://lyon-mediation.fr
contact@lyon-mediation.fr

The User may also obtain information on European consumer dispute resolution schemes from the competent services of the European Union or from the European Consumer Centre.

24. Amendment of the Terms of Use

The Publisher reserves the right to amend these Terms of Use at any time, in particular in order to adapt them:

To legal or regulatory developments;
To technical developments of the application;
To changes in its features or its economic model;
To changes in its service providers or third-party services.

The applicable version is the one in force at the time the Application is used.

In the event of a substantial amendment, the Publisher may inform the User by any appropriate means.

It is the User's responsibility to regularly consult the up-to-date version of the Terms of Use.

25. Suspension – Termination – Discontinuation of access

In the event of a breach of these Terms of Use, or of fraudulent or abusive conduct or conduct likely to harm the Publisher, the Application, a third party or other Users, the Publisher reserves the right, without prejudice to any other right or remedy:

To suspend or restrict access to all or part of the Application;
To suspend or delete the Account of the User concerned;
To take any appropriate technical or legal measure.

The User may at any time stop using the Application and, where they have an Account, request its deletion in accordance with the procedures set out in Article 11.

Suspension, deletion or discontinuation of access does not affect the provisions which, by their nature, are intended to survive, in particular those relating to intellectual property, liability, anonymised data, disputes and applicable law.

26. Applicable law – Disputes

These Terms of Use are governed by French law.

In the event of a dispute relating to the validity, interpretation, performance or termination of these Terms of Use, the parties shall endeavour to seek an amicable solution before any legal action.

Failing an amicable agreement, the dispute shall be brought before the competent courts under the conditions of ordinary law, subject to the mandatory provisions applicable to consumers.

27. Entry into force

These Terms of Use enter into force as of June 12, 2026.

They remain applicable throughout the entire period of use of the Application by the User.

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