1. Introduction
1.1 Products PerKut SAS
PerKut SAS offers a scientifically developed brain training program available on mobile applications and the web, as well as workouts related to each field of professional activity. Their objectives are to improve mental fitness, resilience, memory performance, attention and speed of assimilation.
To this end, PerKut SAS provides a quality interactive digital product via mobile applications and internet domain Big-Up.
The areas:
L’application Big-Up which you can download via the platforms Apple Store, Google Play Store, www.big-up.ai as well as on an online store offering various products relating to personal development (hereinafter referred to as “Products”).
This offer is addressed to all interested parties (hereinafter referred to as “Users”).
1.2 Contracting Parties
By registering on Big-Up, you as a user accept these general conditions (hereinafter referred to as “GTC”). The contract between the user and PerKut SAS (hereinafter referred to as “User Contract”) applies upon acceptance of the general conditions and conclusion of registration. These T&Cs define the legal framework for the use of the products.
2. Champ d'application
The T&Cs apply to all users of the products PerKut SAS. Once the contract has been established, the derogating or supplementary provisions will only apply if they are presented in written form. This also applies to provisions deviating from the written form. The T&Cs apply to free offers (hereinafter referred to as “ Trial tests ") and paid offers such as "Premium brain training program on web and mobile", "Premium brain training program on mobile" (hereinafter referred to as " Final tests »).
3. Scope of services PerKut SAS
3.1 Paid user account and subscription
The functionalities and contents of the Trial tests account as described in paragraph 5 of these T&Cs are free. The user will not be charged for registration or for limited or trial use. If the user decides to switch from an account Final test, in accordance with paragraph 6 of these T&Cs, the use of a Final tests will result in the application of fees. To ensure the best quality of content accessible with a paid account, the application of fees is necessary. The switch to a paid account and the associated fees will never be applied without the user being expressly notified.
3.2 Right of use
The right to use the offer is subject to the current state of technology. In this context, it may prove necessary to restrict access to the services temporarily, for example due to software saturation, to ensure the security of the software or the integrity of the servers, or to implement technical measures (hereinafter referred to as “temporary malfunction”). The claim for reimbursement of one of the services, as provided for the premium account by paragraph 6, is not applicable in the event of a temporary malfunction.
4. Registration, contract details and establishment of the contract
The data collected during registration, in particular the e-mail address, will not be published. They will be treated confidentially and will only be used for the implementation and transactions of this user contract.
4.1 About the website
Each user can only register once. The email address will only be used in connection with the products PerKut SAS and will not be transferred to third parties.
The contract concluded between the user and PerKut SAS regarding the use of the products is established when the user provides their email address and accepts the Privacy Policy of PerKut SAS by clicking on a box then clicking on the “Next” button.
Upon receipt of registration, PerKut SAS sends the user an automatic confirmation email. This e-mail contains a hyperlink through which the user verifies that the e-mail address previously entered is correct. The contract is only established and the services are activated once the user has clicked on the hyperlink to verify the email address. If verification is not performed, PerKut SAS may restrict or prevent access to the Products at any time until access is verified (hereinafter referred to as “double opt-in”).
Once the email address is confirmed, the user has the option to change the email address specified in the settings and request a new activation email.
Subsequently, the user will have the opportunity to order the paid exercises available with the Final test via the menu bar and the “Final test or Subscription” buttons, “Subscribe to a subscription” or similar buttons, or even via the “Shop” and thus move from a “trial account” to a “paid subscriber account”. The user will be informed of the billing method, the price and, where applicable, the duration of the contract for each of the available offers. The user will receive a complete summary of the intended purchase before finalizing the order.
4.2 About the Application
Registering through the app is similar to the registration process described in paragraph 4.1, except for the following:
Registration does not take place on the website but directly in the application. Some sections of the application can be used without registration. However, the app also allows you to create an account. For this purpose, an e-mail address is requested (optionally) and a confirmation e-mail is sent, provided that the user accepts both the T&Cs and the data protection declaration.
Just as in paragraph 4.1, a “double opt-in” registration procedure is used to activate the user account once the email has been sent. Once activation is successful, the terms and conditions are similar to those stipulated in paragraph 4.1.
4.3 Contract language
The language of the contract is French and English
4.4 Correction of input errors
The user can correct input errors using the usual keyboard and mouse functionality before confirming their registration or order. The user can also cancel the process at any time by closing the browser window or application. Once the user has clicked on the registration or order button, it is no longer possible for them to correct input errors.
4.5 Storage of contract text
We save the contract text and send the user the order data and our general terms and conditions by email. The general conditions can be viewed and downloaded by the user from our website: https://www.bigup.ai The user can view their orders from their user account.
Furthermore, the user can print or save these T&Cs (https://www.bigup.ai) using the usual functions of their internet browser (generally “File” -> “Save as”). The user can also download and archive these T&Cs in the form of a PDF document. To do this, and if they need help, the user is invited to consult the instructions specific to their browser. To open the PDF file, the user will need the free Adobe Reader program (available via https://get.adobe.com/en/reader/) or a similar program capable of supporting the PDF format.
5. Free use of part of the products (trial account)
Registration does not incur any costs for the user. If the user has not purchased any paid exercise or program, that is to say he has not taken out a subscription as described in paragraph 6 of these general conditions, he will be able to access the exercises offered free of charge. .
In case this is explicitly stated and the user orders or purchases the exercises separately, a fee applies to access the full content of the exercises included in the paid account.
6. Paid services and products (premium account)
Besides the free trial account, PerKut SAS also offers subscriptions, exercises and paid programs on the website.
Where prices are shown, they include applicable statutory sales taxes.
The price of paid services varies depending on the offers. The user will be informed of the type of invoice, the price and, where applicable, the duration of each of the available offers. The user will receive a complete summary of planned purchases before finalizing the order.
6.1 Scope
6.1.1 Purchases via the website
If the user purchases a subscription from the website www.bigup.ai, and PerKut will activate “paid” exercises and programs. PerKut SAS also reserves the right to offer individual paid content on the web, such as programs and exercises. In this case, the duration of use will be explicitly indicated. Example: with the “Premium brain training program on web and mobile” subscription, the user also obtains access to the “paid” content of the BigUp application
6.1.2 Purchases through third-party providers and mobile app stores
If the user obtains access to paid content through the mobile applications, this access only includes the content defined in the product (e.g., “Premium Subscription – Brain Training Program on Mobile App” only includes access to the brain training app, while “Premium Membership” only includes access to the BigUp app).
PerKut SAS also reserves the right to offer, in addition to the purchase, special services and individual content, such as programs or scientific training and exercises. In this case, the duration of use will be explicitly indicated.
In-app purchases and subscriptions are made through the respective app stores (such as Google Play Store or Apple iTunes App Store). These are subject to the respective terms and conditions of use of each application store.
6.2 Remuneration
Although using a Trial test user account is free, paid content (including virtual goods) is only activated once payment has been made. Usage fees are calculated by PerKut SAS according to the rates in effect when the contract is established as well as any applicable promotions and discounts, and may be impacted by valid discount coupons. Prices can be viewed at any time in the price list of their respective applications or on the web. In the event that the user decides to extend their access to content, in accordance with paragraph 7.2.1 of these T&Cs, the normal price indicated for the lot ordered will be debited. Price adjustments may be offered under certain conditions. This can include subscription payments as well as one-off payments.
6.3 Free partial use
Some parts of the paid product may be used for free as part of a trial or special promotions. In this case, users cannot claim permanent use of these parts. PerKut SAS will explicitly indicate whether the corresponding use is a test or a promotional offer. In this case, PerKut SAS reserves the right to limit the perimeter at any time. To the extent that the user has the opportunity to benefit from paid use, this must be done in accordance with the provisions specified in these T&Cs.
In this case, PerKut SAS reserves the right to limit the perimeter at any time.
6.4 Technical prerequisites for using premium content
The user must ensure that he has the appropriate technical prerequisites to use the products PerKut SAS. During registration, the user receives free exercises to verify that they are able to use the product. Certain technical constraints existing on the user's side may restrict the use of the product: an outdated browser or an outdated smartphone, a slow internet connection, the absence of the necessary plug-ins, etc. These constraints may only allow partial use of the products or even completely prevent their use. It is recommended to use the freemium account to check these technical conditions before using the premium content. In the event that the user encounters technical difficulties with his own equipment, he will not be entitled to a refund of the amount he has paid.
6.5 Requests relating to possible changes to the premium account
The functionality of the exercises and pages is constantly developing and expanding. Therefore, PerKut SAS reserves the right to modify, delete, add or offer content from the premium offer in the standard free offer. In this case, the user cannot claim a refund of amounts already paid.
6.6 Establishment of the “payable” contract and delivery time
The contract for the use of premium content is established when the user selects one of the offers available on the website or application and the payment process is successfully completed.
The contract for the use of premium content is established when the user selects one of the offers available on the website or application and purchases a "premium product" by entering their payment data, accepting the summary of order and clicking on the “Buy”, “Finish Payment” button or similar field, provided the payment process is successfully completed. The invoice type, price and duration are summarized before the order is finalized.
In this case, the user is redirected to a website or app screen where it is expressly stated that they can now use the purchased premium content. If this web page is not displayed, the contract is established when the user uses one of the contents of the premium offer for the first time. Activation of purchased services takes place immediately after purchase. Non-digital products that require postage will be delivered within 4 weeks of the date of purchase.
6.7 Payment terms for purchases made via the application
If the user obtains premium content through the app, that content will have been purchased through Google Play pages or Apple's iTunes App Store. Google Play and Apple iTunes App Store terms and conditions apply to this type of transaction.
6.8 Payment terms for purchases made via the website
User fees must be paid before using the content.
The user can make payment with the payment systems listed in detail, such as by credit card, direct debit, etc.
If the user provides a SEPA mandate, payment will be made by direct debit from their bank account.
The purchase price will be debited within ten (10) working days after finalization of the order by our partners.
The notice period is then reduced to one (1) day. The buyer undertakes to pay the amount due. Costs incurred as a result of non-payment or chargeback of the direct debit are the responsibility of the buyer, to the extent that the non-payment or chargeback was not caused by PerKut SAS.
Invoices will be issued in digital form. No invoice will be issued in paper form. The invoice can be requested at any time by sending an email to [email protected] or viewed in the user account settings.
7. Duration/Termination
7.1 Compte freemium
Registration under a freemium account does not incur any costs for the user. Using the basic features of PerKut SAS offered on a trial basis is free.
The user contract governing the use of the freemium account is established for an unlimited period, but may be terminated at any time without notice by the user. The user can cancel their account simply by visiting the “Do you want to delete your account?” link. » located in the “Account Settings”.
If the user has purchased a premium subscription (e.g. “Premium Brain Training Web & App”, “Premium” or “Premium Brain Training Web & App”), they must first terminate the premium contract in accordance with the provisions specified in paragraph 7.2.1 of these General Conditions of Use. The basic contract may then be terminated after expiration of the subscription as specified above.
PerKut SAS reserves the right to terminate a contract at any time for good reason if the user violates the rules of conduct in accordance with paragraph 11 of these T&Cs.
Once the account is deleted, all user data, including points, ratings and comments, will be permanently deleted.
7.2 Premium subscription
7.2.1 Duration and ordinary termination notice
Premium contracts with subscriptions are established for a fixed period. This duration is indicated for each contract/order. Each duration is calculated from the date of establishment of the contract, in accordance with paragraph 6.6. The contract is automatically renewed on a recurring basis for the contractually agreed duration (for example 1 week, 2 weeks, 1 month, 6 months or 12 months), unless the user terminates his contract at least four weeks before his due date. In the case of renewals, the amount will also be invoiced in advance.
Deleting a freemium account does not automatically terminate the premium subscription. Canceling a premium subscription requires a written termination request. It is not possible to request a refund of usage fees.
The termination request must be sent by e-mail to:
or by post to:
PerKut SAS
1254 Morrow Rd, Morrow,
Georgia 30260, United state
The date of receipt of the termination request by PerKut SAS determines the effective date of termination. If the duration is less than four weeks, the contract may be terminated at any time without notice. The user is not entitled to a refund of usage fees.
7.2.2 Extraordinary termination
Both contracting parties have the possibility to terminate the contractual relationship at any time for just cause, whether linked to the premium subscription or the freemium account. For PerKut SAS, an extraordinary reason for termination exists in particular if:
The user violates the rules of conduct stipulated in paragraph 11 of these T&Cs.
The user has not paid the amount due two (2) weeks after receiving a reminder or payment request.
For the user, an extraordinary reason for termination exists in particular if:
By the fault of PerKut SAS, the products are not available for more than 10% of the subscription period.
The user undoubtedly loses his legal capacity.
PerKut SAS is no longer able to provide its services, in their current form or in full, due to a legal order, an official order or a judicial decision.
If the company is dissolved during insolvency proceedings or other activities of a commercial nature.
General note: unlike the case of freemium accounts, deleting an account does not automatically result in the termination of the premium subscription. To do this, it is necessary to first restore the account to a freemium account by following the ordinary termination procedure. The user is not entitled to a refund of usage fees.
7.2.3 Termination of a premium membership
If a premium membership ends as a result of ordinary termination, the user's account will revert to a freemium account. Data generated by the Premium Membership Services will be retained and may be used again if a Premium Membership is reactivated. Termination of a freemium account is subject to the provisions specified in paragraph 7.1.
If a premium membership ends as a result of extraordinary termination, the premium membership will not revert to a freemium account; in this case, the user's account in its entirety will be deleted. Once the account is deleted, all user data, including points, ratings and comments, will be permanently deleted.
7.2.4. Special features for users residing in Germany (fixed address)
If, as a user residing in Germany, you took out a subscription on or after 01.03.2022 (new contract), your subscription is automatically extended for an indefinite period at the end of the chosen period and can be canceled at any time. moment after the extension with a maximum of one month's notice before the end of the corresponding billing period.
8. Right of withdrawal
Information relating to the right of withdrawal
If a contract is established, the user has the possibility of using his right of withdrawal as explained below.
Right of withdrawal:
You can revoke your user contract within 14 days without specifying the reason.
The withdrawal period is fourteen (14) days from the date of establishment of the contract.
To exercise your right of withdrawal, write to:
PerKut SAS
1254 Morrow Rd, Morrow,
Georgia 30260, United state
By clearly expressing, either by e-mail or by post, your decision to revoke this contract. You can also use the attached withdrawal form template, but this is not obligatory.
In order to respect the withdrawal period, it is sufficient to send your withdrawal declaration before the withdrawal period expires.
Consequences of withdrawal:
If you cancel this contract, we will reimburse you immediately, and within fourteen (14) days from the date of receipt of your declaration of withdrawal from the contract, all payments that we have received from you, including delivery costs ( except the additional costs applicable to the choice of a delivery method other than the least expensive delivery method offered to us). This refund will be made using the same payment method that you used in the original transaction, unless an agreement to do otherwise has been expressly made with you. You will not be charged any additional fees for this reimbursement.
- End of information relating to the right of withdrawal -
Appendix to information relating to the right of withdrawal
(If you wish to cancel the contract, please complete this form and return it to us):
HAS PerKut SAS
1254 Morrow Rd, Morrow,
Georgia 30260, United state,
I hereby declare to exercise my right of withdrawal regarding the contract established for the following service:
__________________________
Ordered on _____________/ received on _____________
Customer Name __________________________
Date _____________
Client signature (required only for forms sent in paper format)
9. Content, accessibility and liability of PerKut SAS
9.1 Content and accessibility
PerKut SAS makes every effort to ensure the smooth running of its services continuously. However, PerKut SAS does not guarantee that its services are available on an uninterrupted basis.
PerKut SAS uses current and commonly used technologies for its services. To have full access to the services of PerKut SAS, the user must also have access to these technologies (e.g. an up-to-date browser, Adobe Flash) or authorize their use on their computer (e.g. activation of Javascript, cookies, or pop-up windows) . If he uses older or less widely used technologies, the user risks being able to access only part of the services offered by PerKut SAS.
9.2 Liability
The user cannot claim any compensation, except in the cases expressly specified below. The exclusion of liability does not apply to requests for compensation from the user following attacks on the life, bodily integrity or health of others, breaches of major contractual obligations (essential obligations) as well as as to liabilities for other damages relating to a breach of an obligation attributable to PerKut SAS, its legal representatives or its vicarious agents. Furthermore, the exclusion of liability does not apply to claims for compensation relating to the law of liability for defective products.
Major contractual obligations are those obligations whose fulfillment is necessary in order to meet the purpose of the contract. “Essential obligations” or “major contractual obligations” are obligations whose fulfillment is essential to the completion of the contract; it is on their respect that contractual partners rely and can rely. In the case of our existing accounts, this particularly applies to our contractual obligation to ensure the availability of our digital services.
In the event of violation of our major contractual obligations, the liability of PerKut SAS is only liable for foreseeable damage typical of the contract if it was caused by simple negligence, unless the user claims compensation for harm to the life, bodily integrity or health of others , or under the law of liability for defective products.
The limitations of liability mentioned above apply in the same proportions to employees, workers, partners, managers and vicarious agents of PerKut SAS and affiliated companies.
10. Copyrights, Names, Trademarks and Proprietary Rights
Except for content expressly marked as being under the Creative Commons license, all text, images and other works created by PerKut SAS and distributed in the context of products PerKut SAS are protected by copyright. Any use other than that intended by the services of PerKut SAS must be subject to prior agreement of PerKut SAS.
11. Rules of Conduct
11.1 Password
The password used to access the Services must be treated confidentially and must not be revealed to third parties. PerKut SAS will never ask users for their password, except for the purpose of identifying them on the application or website. If there is reason to suspect that an unauthorized third party has gained access to access data and/or is misusing access to an account, it is recommended to change your password as soon as possible.
11.2 Content
It is prohibited to make content from the products accessible PerKut SAS or to disseminate it if this violates statutory provisions, the rights of third parties or good morals. Furthermore, it is prohibited to broadcast advertising. It is prohibited to publish content depicting violence, sexual acts, discriminatory, insulting, racist, or defamatory, or any other illegal content.
11.3 Use of results
The use, evaluation or storage of data determined by a “ranking” system is not permitted.
11.4 Publication
Content accessible via products PerKut SAS may not be copied, distributed or made public in any way without the consent of their respective copyright holders, except as permitted by law.
11.5 Disruptive technical interference
Disruptive technical interference is prohibited. In particular, it is expressly prohibited to distribute spam or advertisements, in any form whatsoever. Electronic attacks of all kinds perpetrated against security services PerKut SAS (including all equipment and software used to ensure the proper operation of the services) or on individual users are prohibited. These electronic attacks include, but are not limited to, the following measures: hacking attempts (i.e. attempts to circumvent or force security measures in order to obtain personal or other information) , modification of one's own or a third party's points and ratings, denial of service attempts (i.e. attempts to send a large number of requests to the servers of PerKut SAS to prevent their proper functioning, in particular by slowing them down or making them unavailable).
11.6 Consequences of non-compliance with the rules of conduct
If the User or the Content posted by the User contravenes paragraphs 11.1 to 11.5, PerKut SAS reserves the right to block the relevant content and/or the account of the user concerned. The user will be notified of the violation by e-mail. PerKut SAS reserves the right to delete the user's account or the content concerned if the user does not correct the violation noted within one week after receipt of the e-mail.
12. Product information and promotion of new content
PerKut SAS will only use the user's name and email address for advertising purposes with the explicit consent of the user.
For more information, please see the Privacy Policy.
13. Final provisions
Contracts established between PerKut SAS and the user are governed by the laws in force in each host country (Cote d'Ivoire, Senegal, Benin, Togo, Burkina Faso, Cameroon and Kenya)
The parties exclude the application of the rules of private international law relating to the conflict of rights to the extent that they give rise to the exclusive application of any other legal system.
If certain parts of these T&Cs should be or become obsolete or without legal effect, the other provisions will remain valid.
PerKut SAS reserves the right to amend these general conditions without giving any reason, to the extent that this is made necessary by changes relating to the services of PerKut SAS, legal changes or technical developments. This is particularly true if new offers of PerKut SAS require new regulations. The amended T&Cs will be sent in advance by e-mail to the user. If the user does not contest the amended T&Cs within six weeks, they will be considered accepted. If the user were to contest them, PerKut SAS would be entitled to block the user's account. In this case, all payments already made would be refunded in proportion to the remaining term. PerKut SAS will mention these legal consequences separately in the e-mail containing the amended T&Cs.
Information relating to online dispute resolution:
The European Commission offers a dedicated online dispute resolution platform (called the “OS platform”) intended to resolve and arbitrate disputes online. It can be consulted at the following address: http://ec.europa.eu/consumers/odr
Updated: September 2024
