Terms of sale

These general terms of sale (the “Terms of Sale”) govern one-off purchases of digital content from the Ekto shop, offered on the ekto.fr website, between the Provider and the Customer.

The contract consists of the following documents, in decreasing order of priority: the order summary, these Terms of Sale and the product page in force on the day of purchase. Use of the website and of Ekto’s Discord is also governed by the terms of use. These Terms of Sale prevail over any document of the Customer, in particular its own purchasing conditions, unless the Provider agrees otherwise in writing.

Placing an order constitutes full and unreserved acceptance of the Terms of Sale in the version in force, which the Customer acknowledges having read before payment. The Terms of Sale are available at any time on this page, which may be saved and printed.

• Product: digital content sold individually in the Ekto shop (weapon pack, script or any other content), described on its product page.
• Cfx.re account: the Customer’s account on the Cfx.re platform, which holds the licence key of its FiveM server and to which the product is assigned.
• Customer: the person who buys a product; business customer: a Customer acting for purposes within the scope of its commercial, industrial, craft, liberal or agricultural activity; consumer and non-professional: within the meaning of the preliminary article of the French Consumer Code (Code de la consommation).

The products are created and supplied by Yanis Benyacine, individual entrepreneur (entrepreneur individuel, EI) under the micro-enterprise scheme, trading under the name Ekto, registered under SIREN number 934 172 735, whose registered office is at 26 rue Bosquet, 75007 Paris, France (the “Provider”). VAT not applicable, article 293 B of the French General Tax Code (CGI).

Contact: by email at [email protected], or on Ekto’s Discord. The registered office address is a domiciliation address: it handles neither support requests nor complaints.

The Customer is a natural person of full age with legal capacity, or a legal person represented by a person authorised to bind it.

The products are designed for operating a FiveM game server, which is often monetised. A Customer who buys for such a server acts in the course of an economic activity and is treated as a business customer, regardless of any registration, unless it establishes that it is acting for non-professional purposes. Consumers and non-professionals retain in all cases the rights granted to them by law which cannot be excluded by contract; any clause of the Terms of Sale to the contrary does not apply to them, without affecting the rest of the contract.

Each product is described on its product page: content, technical requirements, price. Prices are expressed in euros and are paid once.

Orders and payment go through Tebex Limited, which acts as reseller: the Customer logs in with its Cfx.re account, then Tebex collects the price, applies any taxes due in the buyer’s country and issues the invoice, under its own terms, which apply to the payment and its refund. The Provider supplies the product and grants its licence under these Terms of Sale, which govern its use.

Products are assigned to the Cfx.re account used for the purchase. The Customer checks this account: a product assigned to the wrong account can only be transferred if Cfx.re allows it.

The Provider may refuse an order for a legitimate reason, in particular fraud, a previous non-payment or payment dispute, or a previous breach of a product licence.

Products are delivered electronically, by assignment to the Customer’s Cfx.re account, usually immediately and within 48 hours at the latest, barring an incident at Cfx.re or Tebex. They are protected by the Cfx.re escrow system and only work on a server whose licence key belongs to that account. The Customer downloads them from the Cfx.re portal and installs them on its server itself.

Purchasing a product grants the Customer a non-exclusive and non-transferable right to use it, with no time limit for as long as the product remains assigned to its Cfx.re account, on the FiveM servers operated with that account, and to present it to its players. The contract does not entail any transfer of ownership.

It is prohibited to:

• resell, share, lend, assign or publish the product, on its own or included in another pack;
• extract its models, textures, sounds or code, convert it for another game or platform, or circumvent the escrow;
• remove the Ekto notices it contains or present oneself as its author.

Any breach results in revocation of the licence, without refund (the Provider may ask Cfx.re to remove the product), and in payment of a fixed indemnity of €3,000 per established breach, as a penalty clause (French Civil Code, article 1231-5), in addition to compensation for any loss exceeding that amount and to infringement proceedings (French Intellectual Property Code, article L335-2).

The Provider may supply free fixes, without any obligation to add features. It may withdraw a product from sale without affecting licences already acquired.

The products, their models, textures, names and visuals, the Ekto trade marks and logos, and more generally all elements of the shop, are the exclusive property of the Provider. All rights not expressly granted by the previous article are reserved. The Customer authorises the Provider to use freely and free of charge the suggestions and feedback it gives on the products.

The products are digital content delivered immediately. By ordering, the consumer requests their immediate supply and expressly waives their right of withdrawal, the loss of which they acknowledge upon delivery (French Consumer Code, article L221-28, 13°).

The consumer benefits from the legal guarantee of conformity for digital content (French Consumer Code, articles L224-25-12 et seq.): a product that does not match its description or does not work with the stated requirements is fixed, failing which the price is reduced or refunded. For the business customer, the product is supplied in conformity with its description, without any other warranty.

Apart from these cases, no refund is due. A payment dispute results in revocation of the licence and may lead to exclusion from the shop.

Each party is liable for direct damage caused by its fault, within the following limits.

The Provider is not liable for:

• indirect damage, in particular loss of revenue, players, reputation or opportunity;
• the installation of the product by the Customer, its compatibility with third-party resources or the modifications the Customer makes to it;
• third-party services (Cfx.re, Rockstar Games, Tebex, Discord, networks) and the decisions of these third parties;
• use of the product that does not comply with the Terms of Sale or its instructions.

Business customer. The Provider’s total liability, for all causes combined, is limited to the price of the product concerned. Any action by the business customer is time-barred one year after the event giving rise to it.

These limits do not apply in the event of gross negligence or wilful misconduct, nor to personal injury, nor to consumers and non-professionals insofar as the law prohibits it.

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. The following are in particular deemed to be such, in relations with a business customer: a decision of Cfx.re, Rockstar Games or Take-Two Interactive changing FiveM, the escrow system or their licences; the failure of Tebex or Cfx.re; a decision of an authority; serious illness or accident of the entrepreneur. The affected obligations are suspended for the duration of the impediment.

The Provider processes its customers’ data as data controller, in accordance with its privacy policy.

The Provider may assign or transfer the contract to any entity that takes over all or part of its business, in particular a company it sets up; licences already acquired are maintained. The Customer may only assign a licence if Cfx.re allows the transfer of the product and with the Provider’s written consent.

The Provider may amend the Terms of Sale at any time. The new version is published on this page. A purchase remains governed by the version in force on the day of purchase.

Exchanges by email and on Ekto’s Discord constitute writing between the parties. The records of Tebex, Cfx.re and the Provider’s systems (orders, payments, product assignments) are evidence of the transactions they describe, unless proven otherwise (French Civil Code, article 1368).

The invalidity of a clause does not affect the others. Failure to rely on a clause does not constitute a waiver of the right to rely on it later. Article headings are for guidance only. The Terms of Sale are drafted in French, which is the only authentic version. With a business customer, they constitute the entire agreement between the parties. The articles “Product licence”, “Intellectual property” and “Liability” survive the end of the contract.

Any complaint is first addressed to the Provider, at [email protected]. A request for the refund of a payment is also a matter for Tebex, under its terms.

The Terms of Sale are governed by French law. Any dispute with a business customer falls within the exclusive jurisdiction of the courts within the territorial jurisdiction of the Paris Court of Appeal, including for summary proceedings and in the event of multiple defendants. In addition to the court of the defendant’s domicile or of the place of performance, the consumer may bring proceedings before the court of their own domicile.