Terms of Use

This is an English translation of the French Terms of Use (CGU), provided for convenience. If the two versions differ, the French version prevails.

Preamble

These terms of use (the "Terms") govern access to and use of the Plumi mobile application ("Plumi" or the "App"), published by Windfall. By creating an account and using Plumi, you accept these Terms without reservation.

If you do not agree with one or more provisions, you may choose not to create an account, or delete your account from the App settings.

These Terms are available at any time from the App settings and from the Plumi website.

In accordance with Article 50 of the European Artificial Intelligence Act (EU Regulation 2024/1689), Windfall informs the User that the Companion is an artificial intelligence system. This information is given from the first interaction in the App, remains available at any time in the settings, and is visibly recalled in the conversation interface.

Article 1 — Definitions

User: any adult individual who has created a Plumi account.

Companion: the animated, conversational character in the App with which the User can interact. The Companion is an artificial intelligence system.

Entry: any message, written or spoken, sent by the User to the Companion.

Reply: any message automatically generated by the Companion in return.

LLM (Large Language Model): a large language model used to generate the Companion's Replies. Plumi uses models provided by Anthropic, hosted in the European region.

Crisis signal: any message or sequence of messages detected by Plumi's automated systems as potentially indicating a situation of severe psychological distress, suicidal ideation, or experienced violence. Detection is probabilistic, not exhaustive, and cannot be considered a substitute for human intervention.

Windfall: the French simplified joint-stock company (SAS) that publishes Plumi, SIREN 879 950 202, registered office at ESPACO, 20235 BISINCHI, France.

Article 2 — Access to the App

2.1 Age requirements

Plumi is strictly reserved for people aged 18 or over. When creating an account, the User declares on their honor that they are 18 or over.

Windfall reserves the right to suspend or delete without notice any account where it appears that the User is a minor. In that case, all associated data is irreversibly erased.

Anyone aware that a minor is using Plumi can report it at apps.windfall@gmail.com. Upon a credible report or automatic detection, the account concerned is suspended without notice, the associated data is erased, and the associated sign-in method is blocked to prevent a new account from being created right away.

2.2 Account creation

Access to Plumi requires creating an account via Sign in with Apple, Sign in with Google, or a code sent by email. The account is strictly personal and non-transferable.

The User agrees to provide accurate information and to keep their means of access confidential.

2.3 Free access

Access to Plumi is free and not limited in time. It includes written Entries and the Companion's Replies, with no limit on the number of messages, the Companion's memory, the Sunday letter, the first four evening rituals in full, and then, each evening, choosing the image of the day. Voice Entries are offered in a limited quantity, shown in the App. None of these features requires payment.

2.4 Plumi+ subscription

Windfall offers, as an option, a subscription called "Plumi+" that gives access to the big notebook: the full evening ritual every evening, the list given back on waking, the morning note, reminders, and the ability to fill in afterwards an evening of the current week that was left empty. Plumi+ also gives access to the additional content and features shown in the App before any subscription. Plumi+ is not required to use the free features described in Article 2.3, and not subscribing or cancelling does not remove them.

Price. Plumi+ is offered as a monthly or annual plan. Current prices, including all taxes, are shown in the App and on its App Store or Google Play listing before any subscription. As of the date of these Terms, they are €9.99 per month or €69.99 per year (prices may vary by country and currency).

Free trial. A 7-day free trial is offered on both plans, subject to eligibility with Apple or Google. Its length is shown before subscribing. At the end of the trial, the subscription is charged at the displayed price, unless the User cancels at least 24 hours before the end of the trial.

Automatic renewal. The subscription renews automatically for a period of the same length (one month or one year). The amount is charged to the User's App Store or Google Play account within 24 hours before the end of the current period, unless cancelled before then.

Cancellation. The User can turn off renewal at any time from their App Store account settings (Settings, Apple ID, Subscriptions) or Google Play (Payments & subscriptions, Subscriptions). Cancellation takes effect at the end of the period already paid for, during which access to Plumi+ is kept. Deleting the App does not cancel the subscription.

Payment and refunds. Payment is processed by Apple or Google, depending on the platform of download, under their own terms. Refund requests and the exercise of the right of withdrawal are made with them, according to their terms, or with Windfall at the address given in Article 10.

Windfall also offers optional one-time purchases in the App (cosmetic items for the Companion's scenery). They have no effect on the free features or on the Plumi+ subscription.

Article 3 — Nature of the service

3.1 Plumi is a companion, not a professional

The Replies generated by the Companion in no way constitute:

• A medical, psychological or psychiatric diagnosis
• Therapeutic, medication or care advice
• A substitute for a consultation with a healthcare professional
• A psychiatric emergency or crisis intervention service

Plumi is not designed to support people undergoing active psychiatric or psychological treatment without the prior agreement of their healthcare professional. Plumi must not be used as a replacement for treatment, to assess the progression of a mental state, or to decide to stop or adjust medication.

The evening ritual and the next-day list are neither a sleep treatment nor a promise of results. The studies cited by Windfall describe what was observed in their participants. They are not about Plumi.

3.2 The User acknowledges that Plumi is an artificial intelligence

The Companion is a computer program using large language models (LLMs). It simulates empathetic dialogue but has no consciousness, emotions or intentions of its own.

Replies are generated probabilistically from statistical patterns. As a result, they may:

• Produce inaccurate, inconsistent or contradictory information
• Lack nuance in emotionally complex situations
• Tend to validate what the User says (so-called sycophancy), including when it is biased or self-destructive
• Fail to detect all signs of distress
• React inappropriately to certain contexts

The User acknowledges these limits and agrees not to treat Replies as professional advice, nor to base an important decision (medical, legal, financial, relational) on them.

3.3 In case of distress or emergency

If the User is going through a situation of severe distress, suicidal ideation, immediate danger or need for care, they are invited to contact directly:

• Life-threatening emergency: 112 (European emergency number); in France also 15 (SAMU, medical), 17 (Police), 18 (Fire brigade)
• Suicide prevention (France): 3114 (24/7, free, anonymous)
• Domestic or sexual violence (France): 3919 (24/7, free, anonymous)
• Child abuse (France): 119
• Outside France: your local emergency number or national crisis line

These resources are also listed in the "Help resources" section available from the App settings.

Plumi detects certain Crisis signals and automatically points to these resources. This detection is a safety net, not a guarantee of intervention. In a serious situation, the User must contact a professional directly.

3.4 Balanced use and emotional dependence

Plumi is a supplementary companion. It is not meant to replace human relationships or professional support, nor to become the User's main source of emotional support.

Windfall encourages the User to:

• Stay connected with the people close to them
• See a healthcare professional when needed
• Use Plumi in a balanced way

In case of persistent distress, growing isolation, recurring dark thoughts, or a worsening emotional state, the User is expressly invited to stop using Plumi and to see a professional.

Windfall designed Plumi not to create dependence: no streaks to maintain, an evening without a ritual resets nothing, no pushy notifications, no coercive engagement mechanics. Plumi offers an evening ritual, a weekly strip and feathers to use in the Companion's scenery: these elements remain optional.

Article 4 — User commitments

The User agrees to use Plumi fairly and not to:

• Use Plumi for illegal or fraudulent purposes, or in a way that infringes the rights of others
• Impersonate another person
• Attempt to circumvent security or authentication mechanisms or the protections in place
• Reproduce, copy, sell or commercially exploit all or part of the App
• Use automated tools to interact with the Companion at scale
• Send Plumi clearly unlawful content (incitement to hatred, threats, child sexual abuse material, etc.)
• Allow a minor to use their account

Windfall reserves the right to suspend or delete any account without notice in the event of a serious breach.

Article 5 — Intellectual property

5.1 Windfall's property

The App, its name, its visual identity, the Companion character, the texts, visuals, animations, source code and associated trademarks are the exclusive property of Windfall or its licensors. Any unauthorized reproduction is strictly prohibited.

5.2 User content

Entries written by the User belong to them. The User grants Windfall a license strictly limited to the following uses:

• Storing their Entries so they can find them again
• Sending their Entries in pseudonymized form to the sub-processors needed to generate Replies (see the Privacy Policy)
• Generating the Companion's Replies and memories

Windfall never uses the User's Entries to train artificial intelligence models, and never shares them with third parties for commercial purposes.

Article 6 — Personal data

6.1 General framework

The processing of personal data is covered by a dedicated policy, the Privacy Policy, available in the App settings and on the Plumi website. It specifies in particular: the data collected, the purposes, retention periods, sub-processors, and the User's rights.

Accepting the Terms implies knowledge and acceptance of the Privacy Policy.

6.2 Health-related data

The User acknowledges that Entries made to the Companion may contain data relating to their physical or mental health, which are special categories of data within the meaning of Article 9 of the General Data Protection Regulation (GDPR).

The processing of this data is based on the User's explicit consent, collected when the account is created, under the conditions detailed in the Privacy Policy. This consent can be withdrawn at any time from the App settings.

6.3 Retention of detection metadata

Windfall keeps technical metadata relating to the triggering of the Crisis signal detection system (date, type of signal detected, resource presented to the User), excluding the content of Entries, for a period of 10 years for evidentiary purposes and to improve the system.

This retention is without prejudice to the User's right to request the deletion of all other data associated with their account.

6.4 Data after death

In accordance with Article 40-1 of amended French Law No. 78-17 of January 6, 1978 (loi Informatique et Libertés), the User may give instructions regarding what happens to their data after their death, by designating a trusted digital contact via the App settings.

In the absence of prior instructions, the data is erased at the request of the heirs presenting a death certificate, under the conditions provided by law.

Article 7 — Liability

7.1 Limitation of liability

To the extent permitted by applicable law, Windfall cannot be held liable for:

• Content generated by the Companion that is inaccurate, inappropriate, or experienced negatively by the User
• Decisions made by the User based on the Companion's Replies, in particular medical, psychological, legal, financial or relational decisions
• Personal, medical or psychological consequences resulting from the use of Plumi, where the User did not follow the clear recommendations in Articles 3.1, 3.3 and 3.4 inviting them to see a professional in case of distress or worsening of their condition
• The consequences of a failure or delay in detecting Crisis signals, the detection system being a probabilistic tool that is not infallible
• Service interruptions, outages, bugs or technical incompatibilities
• The acts and omissions of sub-processors, provided Windfall complies with its obligations regarding their selection and oversight

Windfall is bound by an obligation of means, not of result, in providing the service.

7.2 Obligations in the event of a security incident

In the event of a security incident likely to affect the User's data, Windfall undertakes to:

• Notify the CNIL within 72 hours if the incident qualifies as a personal data breach within the meaning of Article 33 GDPR
• Inform the User directly if the risk is high
• Implement the necessary corrective measures without delay

Article 8 — Availability, notifications and changes to the service

8.1 Availability

Windfall does its best to keep the App available 24/7, without guaranteeing absolute availability. The service may be interrupted for maintenance, updates, or in case of force majeure.

8.2 Notifications

Windfall may send the User push notifications inviting them back to the Companion, in particular for the evening ritual. These notifications:

• Never contain excerpts of Entries
• Never contain a Reply generated by the Companion
• Never contain specific emotional content about the User

As an exception, when the User asks for a reminder during the evening ritual, the notification for that reminder may name the appointment or event they noted. They can remove this reminder at any time.

The User can turn off these notifications at any time from the App settings or from their operating system settings.

8.3 Changes to the service

Windfall may change the App, its features, its design and its services at any time. Substantial changes will be announced in advance.

8.4 Discontinuation of the service

If the service is permanently discontinued, Windfall will inform Users at least 60 days in advance by email and allow them to retrieve their data in JSON format.

Article 9 — Account deletion

The User can delete their account at any time from the App settings. Deletion takes effect immediately, with no grace period: all data is irreversibly erased, except:

• The Crisis signal detection metadata referred to in Article 6.3
• Data needed to comply with legal obligations (billing, fraud prevention, etc.)

Windfall may suspend or delete an account in the event of a serious breach of the Terms, with 15 days' notice except in an emergency.

Article 10 — Customer service and complaints

For any question, complaint or request about the service, the User can write to: apps.windfall@gmail.com.

Windfall undertakes to reply within a reasonable time, and within 30 days at most.

Article 11 — Mediation and disputes

11.1 Consumer mediation

In accordance with Article L. 612-1 of the French Consumer Code, in the event of a dispute not resolved amicably, a consumer User may use, free of charge, the consumer mediator with which Windfall is registered. The mediator's contact details will be provided once the registration currently in progress is finalized.

The User may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

11.2 Governing law

These Terms are governed by French law. Any dispute relating to their interpretation or performance will, failing an amicable resolution, be brought before the competent courts under ordinary rules of law. This does not deprive a consumer User of the protection of the mandatory provisions of the law of their country of residence.

Article 12 — Miscellaneous

12.1 Changes to the Terms

Windfall may change the Terms at any time. Substantial changes will be notified to the User by email and/or in-app notification, at least 30 days before they take effect. If the User disagrees with the new Terms, they can delete their account.

12.2 Severability

If a provision of the Terms is declared void or unenforceable, the other provisions remain in force.

12.3 No waiver

Windfall's failure to exercise a right under the Terms does not constitute a waiver of that right.

Article 13 — Contact details

Windfall
SAS with variable capital
SIREN: 879 950 202
Registered office: ESPACO, 20235 BISINCHI, France
EU VAT number: FR80 879 950 202
Contact: apps.windfall@gmail.com