These terms of use (hereinafter referred to as "CGU") define the terms and conditions governing the use of the Zestly service (hereinafter referred to as the "Service"), accessible via the website https://zestly.org (https://zestly.org), the mobile applications (iOS/Android), or any other domain to which the service may be transferred, published by Dapfor SAS (hereinafter referred to as the "Provider").
Use of the Service is subject to unconditional acceptance of these CGU. Upon registration, the User must confirm their acceptance of these CGU by ticking the designated checkbox. This action constitutes express and unreserved acknowledgement.
IMPORTANT: BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT CONTENT IS GENERATED BY AUTOMATED ALGORITHMS AND MAY CONTAIN ERRORS. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL EDUCATIONAL ASSESSMENT.
Service: refers to the Zestly educational platform that helps users create customised quizzes, exams, summaries and flashcards from their documents using automated content generation.
User: any natural or legal person using the Service, whether registered or not.
Unregistered User: a person using the Service in trial mode, without creating an account.
Registered User: a person who has created an account on the Service.
Subscribed User: a person who has taken out a paid subscription to the Service.
Content: all information, texts, images and data uploaded by the User to the Service.
Generated Content: quizzes, exams, summaries, flashcards and other materials automatically created by the Service's algorithms from the User's Content.
Template: a base educational document created by the User from which quizzes, exams, summaries and flashcards may be generated.
Flashcard: a memo card generated by the Service, featuring a front side (term, question or concept) and a back side (definition or answer).
Learning Session: a sequence of flashcard review in which the User progresses in Swipe Mode (self-assessment) or Learn Mode (artificial intelligence assessment).
Summary: a structured synthesis automatically generated from the User's Content.
Group: a collaborative space created by a User enabling the invitation of members and the sharing of educational content.
Group Owner: the User who created the Group, bearing the usage quotas and responsible for the Content and Members.
Group Member: a User who has accepted an invitation to join a Group.
Co-parent / Co-teacher: a Group Member with extended management rights, including the ability to assign content to other members.
Public Candidate: a User accessing a quiz, exam or flashcard set via a public sharing link, without being the creator of the content.
Organization: an entity with an Enterprise subscription, managing multiple teachers and students within a shared space.
Subscription: a paid plan providing access to expanded features and increased monthly quotas.
Premium features: features exclusively accessible to Subscribed Users.
Third-Party Recipients: persons who receive quizzes, exams or flashcards shared by Users.
Push Notification: a message sent directly to the User's device via APNs (Apple) or FCM (Google Firebase) services, subject to their explicit consent.
The Service is intended for users aged 13 or over. By using the Service, you confirm that you are at least 13 years old. Users under 18 must obtain parental or guardian consent.
Parents or guardians who create accounts for their children are responsible for:
• Supervising their children's use of the Service
• Ensuring the appropriateness of shared content
• Managing access to results and personal data
Educational institutions using the Service for minors must ensure they obtain appropriate consent and exercise supervision in compliance with applicable laws.
Use of the Service, even in trial mode without registration, implies full and unconditional acceptance of these CGU. The Provider reserves the right to modify the CGU at any time. Users will be informed of significant changes by email or in-app notification. Continued use of the Service following such notification constitutes acceptance of the amended CGU.
Zestly is an educational platform that helps Users create customised quizzes, exams, summaries and flashcards from their own educational documents or freely entered topics, using automated content generation technology.
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
• Content generated is created by automated algorithms and may contain factual errors, inaccuracies or inappropriate material
• The Service does not replace professional educational assessment or expert review
• The Provider gives no warranty as to the accuracy, completeness or suitability of generated content for any particular purpose
• Users must independently verify any generated content before use in official or high-stakes contexts
• Generated Content may be similar or identical to content generated for other users; the Provider does not guarantee the originality or exclusivity of the content
• The Provider does not guarantee that Generated Content does not infringe the rights of third parties, including intellectual property rights; the User is responsible for verifying compliance before any use
• Grades, scores and results generated by the Service are provided for indicative purposes only and do not constitute official, certified or academically recognised assessments under any circumstances
IMPORTANT WARNING REGARDING ASSESSMENTS:
Grades and scores attributed by the Service are automatically generated by algorithms and:
• MUST NOT be used as official assessments in a school, university or professional context
• DO NOT constitute a recognised certification, diploma or qualification
• CANNOT serve as the basis for admission, recruitment or advancement decisions
• MAY contain assessment errors for which the Provider disclaims all responsibility to correct
The User who uses the Service's results for official purposes does so at their own risk and releases the Provider from all liability for the consequences of such use.
The Provider guarantees no learning outcomes, academic improvement or examination success. The pedagogical effectiveness of the Service depends on many factors beyond the Provider's control.
The Service offers the following features:
• Quiz: a series of multiple-choice questions generated from the User's Content, with automatic correction
• Exam: an interactive session simulating an oral examination conducted by a virtual teacher based on artificial intelligence
• Summary: a structured synthesis of the User's Content, automatically generated
• Flashcards: a set of double-sided cards for memorisation, usable in Swipe Mode or Learn Mode
• Sharing: the ability to share any generated content via a public link or direct assignment to Group members
The Service enables content generation from text prompts entered by the User (for example: "create an exam about World War II"). The User acknowledges and agrees that:
• Content generated from text prompts is based on general information sources and may contain errors, inaccuracies or outdated information
• The Provider has no control over the content of the User's prompts and disclaims all liability as to their relevance or legality
• The User is solely responsible for verifying the accuracy of the generated content
• Results may vary and are not guaranteed to match the User's expectations
The Service may offer voice input and text-to-speech features. These features may use:
• The native capabilities of the User's device (system speech recognition and text-to-speech)
• Third-party online services for voice processing, in particular the OpenAI Whisper service for audio transcription
The User acknowledges and agrees that:
• The accuracy of speech recognition depends on many factors (audio quality, accent, environment) and is not guaranteed
• Voice data may be transmitted to third-party service providers for processing, in accordance with the Privacy Policy
• The Provider is not responsible for transcription or text-to-speech errors
• Use of third-party voice services is subject to the terms and conditions of those providers
The "exam" feature includes an interactive mode simulating an oral examination, in which the system asks questions and the User responds freely. The User acknowledges and agrees that:
• The "professor" or "teacher" in exam mode is an automated system based on artificial intelligence, and not a real person
• Questions are generated by algorithms and may contain errors or inaccuracies
• Assessment of answers is carried out automatically and does not replace assessment by a qualified educator
• The Provider is not responsible for the quality of the interaction or the pedagogical value of the dialogue
The Service offers a flashcard review feature, available in two modes:
Swipe Mode: the User views the front of the card, considers their answer, turns the card over to see the back, then indicates whether they have memorised the term or not. This mode does not involve any automated assessment.
Learn Mode: the User types or dictates their answer, which is transmitted to an artificial intelligence system for assessment. The result (correct, partial, incorrect) is provided for indicative purposes.
• Assessment in Learn Mode is automated and may involve errors of judgement
• The Provider does not guarantee the accuracy of generated flashcards or their suitability for any particular educational programme
• The history of learning sessions is retained in order to offer review adapted to cards not mastered in previous sessions
• Flashcards may be shared publicly via a link, under the conditions set out in Article 7
The Service may send push notifications to the mobile devices of Users with an account, subject to their explicit consent.
• Push notifications require the registration of a device identification token with APNs (Apple) or FCM (Google Firebase) services
• Enabling and disabling push notifications is done from the profile settings within the application
• Disabling push notifications at the profile level applies to all of the User's registered devices
• Device tokens are retained even if notifications are disabled, to allow reactivation without reconfiguration
• Device identification data is transmitted to Apple and Google as part of notification delivery, in accordance with the Privacy Policy
The Service is accessible without registration, in free trial mode, within the quotas provided for this mode. Trial mode access does not require account creation.
Account creation is required to access extended features. The User is responsible for maintaining the confidentiality of their credentials and for all activities on their account.
The Service is offered under several plans:
• Free: the basic plan accessible after registration, with limited monthly usage quotas
• Basic: an individual plan offering extended monthly quotas and access to standard features
• Family: a plan enabling the creation of a family Group including up to six invited members and one co-parent, with expanded shared quotas
• Professional: a plan designed for teachers, enabling the management of multiple classroom-type Groups and the assignment of content to members
• Enterprise: a plan intended for organisations, billed per active teacher seat, enabling the centralised management of multiple teachers, classes and students
Details of the quotas and features associated with each plan are specified on the Service's subscription page. The Provider reserves the right to modify plans and their contents subject to reasonable notice.
Certain plans allow the User to create Groups to invite members and share educational content.
Family Group (Family plan):
• The Group Owner is the paying parent; they bear all usage quotas, including content created by invited members
• Invited members (children) may create content, start quizzes, exams and flashcard learning sessions, within the limits of the permissions granted by the Owner
• A co-parent may be invited with extended management rights, including the ability to assign content
• Content created by members is attributed to the Group Owner for the purposes of quota accounting
Classroom Group (Professional plan):
• The teacher Owner may create content, assign it to student members and view their results
• Student members may start the content assigned or authorised to them, within the limits of the permissions defined by the teacher
• The Owner bears the usage quotas for the entire Group
Organisation Space (Enterprise plan):
• The Organisation has a shared space managed by one or more administrators
• Each teacher member has their own individual quotas, billed against their seat
• Student members do not consume quotas
The User who is Group Owner is responsible for:
• Managing invitations and permissions granted to members
• Ensuring that the Group members' use of the Service complies with these CGU
• Content shared or assigned to Group members
Use of the Service is subject to variable monthly quotas depending on the subscribed plan, covering in particular the number of templates created, quizzes, exams, summaries, flashcard learning sessions and public shares. Quotas are reset on a deferred basis at the first access after expiry of the monthly period. Unused quotas are not carried over from one month to the next.
By uploading content to the Service, the User warrants and represents that:
• They own or have obtained all rights, licences and permissions necessary to use and upload the content
• The content does not infringe any intellectual property rights, privacy rights or other rights of third parties
• The content does not contain illegal, defamatory, obscene or harmful material
• The content is appropriate for the intended educational purpose
The User grants the Provider a non-exclusive, worldwide and royalty-free licence to use, process and analyse the uploaded content solely for the purposes of providing and improving the Service. This licence terminates upon account deletion, except for anonymised data used for service improvement.
The User receives a personal, non-exclusive and non-transferable licence to use the Generated Content for educational purposes. The User may not:
• Sell or commercially distribute the Generated Content without authorisation
• Claim the Generated Content as original work in order to obtain academic credits
• Use the Generated Content in a manner contrary to applicable laws
The Service, its software, design, algorithms and all associated intellectual property remain the exclusive property of the Provider.
When sharing quizzes, exams or flashcards, the User:
• Is solely responsible for selecting appropriate recipients
• Must ensure that recipients are of appropriate age (13+) or have parental consent
• Assumes all responsibility for claims arising from the shared content
• Must not share content containing personal data without the consent of the persons concerned
Public sharing links make content accessible to any person with the link, including unregistered Public Candidates. The User understands that:
• Public content may be viewed, copied or shared by any third party
• Each access via a public link by a new Public Candidate consumes a share quota charged to the content creator
• The Provider is not responsible for the use by third parties of publicly shared content
• Public links must not be used for content containing sensitive information
• Disabling a public link closes access to new Candidates but does not interrupt sessions already in progress
Third-Party Recipients and Public Candidates who access shared content are bound by these CGU regarding their use of the Service.
Upon completion of a quiz, exam or flashcard learning session conducted via a public sharing link, the Public Candidate may assign a rating (from 1 to 5 stars) to the content and leave an optional comment. The creator User accepts that:
• These ratings are visible only to the content creator, as a satisfaction indicator
• Ratings do not constitute public reviews or official assessments of content quality
• The Provider does not moderate text comments and disclaims all liability for their content
• The Provider reserves the right to delete any comment contrary to these CGU
Payments are processed by third-party service providers:
• Stripe for web subscriptions
• Apple App Store for in-app purchases on iOS
• Google Play for in-app purchases on Android
By subscribing, the User accepts the terms and conditions of the applicable payment provider.
For subscriptions taken out via Apple:
• Payment is charged to the Apple ID account upon purchase confirmation
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Manage your subscriptions in the Apple ID account Settings
• This agreement is between the User and DAPFOR SAS, and not with Apple
• Apple has no obligation to provide maintenance or support
The Enterprise plan is billed to the Organisation on the basis of the number of active teacher seats. The specific pricing terms are subject to a separate agreement between the Organisation and the Provider. The terms of termination, renewal and modification of the number of seats are defined in that agreement.
Subscriptions renew automatically unless cancelled before the renewal date. Cancellation stops future charges but does not entitle the User to a refund for the current billing period.
• For web subscriptions: right of withdrawal of 14 days under European legislation, unless the User expressly waives this right in accordance with Article L221-28 of the French Consumer Code
• For App Store/Play Store purchases: refunds are governed by Apple's or Google's refund policies
• No pro-rata refund for partial billing periods
The Provider may modify subscription prices. Existing subscribers will be given at least 30 days' notice and may cancel before the new price takes effect.
The User undertakes to:
• Use the Service in a lawful and ethical manner
• Maintain the confidentiality of their credentials
• Not attempt to circumvent technical limitations or security measures
• Not use the Service for fraud or academic dishonesty
• Respect intellectual property rights
• Not upload malicious content or attempt to disrupt the Service
• Not use automated tools to access the Service without authorisation
• Use the sharing feature responsibly and in compliance with applicable laws
It is strictly prohibited to upload, submit, generate or share via the Service any content:
• Of a pornographic, obscene or sexually explicit nature
• Constituting child pornography or exploiting minors in any way
• Inciting hatred, violence or discrimination
• That is defamatory, libellous or damaging to the reputation of others
• Glorifying terrorism or inciting the commission of terrorist acts
• Infringing the intellectual property rights of third parties
• Containing personal data of third parties without their consent
• Constituting fraud or a scam
• Violating any applicable law or regulation
The User is solely responsible for the content they submit to the Service, including text prompts used for content generation. The Provider exercises no prior control over submitted content and disclaims all liability for the consequences of the submission of unlawful content by the User.
In the event of submission of unlawful content, the User is exposed to:
• Immediate suspension or termination of their account without refund
• Deletion of any content deemed unlawful
• Reporting to the competent authorities in accordance with legal obligations
• Civil and/or criminal legal proceedings
The Provider reserves the right to suspend or terminate accounts that violate these obligations without notice or refund.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The Provider expressly disclaims all liability for:
• Errors, inaccuracies or omissions in Generated Content
• Academic consequences resulting from use of the Service or Generated Content
• Decisions made on the basis of Generated Content
• Loss or corruption of User Content or data
• Unauthorised access to accounts due to User negligence
• Interruptions, delays or unavailability of the Service
• Use by third parties of shared content
• Actions of Third-Party Recipients or Public Candidates
• Compatibility issues with the User's devices or software
• Issues related to third-party payment providers
• Grades, scores or assessments generated by the Service and their consequences
• Stress, psychological distress or any emotional harm related to results
• Admission, recruitment or advancement decisions based on the Service's results
• Fraudulent or unauthorised use of the Service by the User or third parties
• Academic, disciplinary or legal sanctions resulting from academic fraud committed by the User
• Non-receipt or delay of push notifications related to operating system or operator restrictions
The Provider has no general monitoring obligation regarding:
• Content uploaded or submitted by Users
• Use made of the Service or Generated Content
• Prevention of academic fraud or any misuse
• Verification of content accuracy prior to generation
• Content of comments left within the rating system
The User acknowledges that the Provider cannot reasonably monitor, filter or prevent all potentially inappropriate uses of the Service.
THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEE OF AVAILABILITY, UPTIME OR SERVICE LEVEL ("SLA").
The Provider does not guarantee:
• Continuous or uninterrupted availability of the Service
• Absence of outages, errors or interruptions
• Availability of the Service during critical periods (exams, tests)
• Any particular response or processing time
The User accepts that the Service may be unavailable at any time, including during the taking of a test or exam, and waives any claim related to such unavailability.
IN NO EVENT SHALL THE PROVIDER'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
These limitations apply even if a remedy fails of its essential purpose.
The User agrees to indemnify, defend and hold harmless the Provider, its officers, directors, employees and agents against any claims, damages, losses, liabilities and expenses (including reasonable legal fees) arising from:
• The User's violation of these CGU
• User Content uploaded to the Service
• The User's use of Generated Content
• The User's sharing of quizzes, exams or flashcards with third parties
• Any third-party claims related to the User's use of the Service
• Infringement of any third-party rights, including intellectual property rights
• Actions of members of a Group of which the User is Owner
The Provider processes data in accordance with the Privacy Policy (/legal/privacy).
Data controller: DAPFOR SAS, 26 rue Hector Berlioz 92500 Rueil-Malmaison, France.
In accordance with the GDPR, the User has rights of access, rectification, erasure, portability and objection. These rights may be exercised by email at: info@zestly.org
Among the sub-processors and data recipients are in particular: the artificial intelligence providers used for content generation (Google Gemini, OpenAI), the payment service providers (Stripe, Apple, Google), the push notification service providers (Apple APNs, Google FCM) and hosting providers. The complete list is detailed in the Privacy Policy.
The Provider may suspend or terminate accounts immediately and without notice for:
• Violation of these CGU
• Suspected fraudulent activity
• Non-payment of subscription fees
• Prolonged inactivity (after notice)
Users may delete their account at any time via the account settings or by contacting support. Account deletion:
• Takes effect immediately
• Results in loss of access to all content and data
• Does not entitle the User to any refund
• Does not affect obligations incurred prior to termination
• Results in the closure of the Group of which the User is Owner and the loss of access for invited members
Upon termination, the User's licence to use the Service and Generated Content ends. The provisions relating to intellectual property, limitation of liability, indemnification and dispute resolution survive termination.
The Service is an educational tool and does not constitute professional educational, psychological or academic advice. Users should consult qualified professionals for official assessments.
Users employing the Service for recruitment or employee assessment:
• Are solely responsible for compliance with employment and non-discrimination laws
• Must not use Generated Content as the sole basis for employment decisions
• Acknowledge that Generated Content is not validated for professional assessment purposes
Educational institutions and organisations using the Service are responsible for ensuring appropriate usage policies and supervision, including with respect to use by their teachers and students under the Enterprise plan.
Before initiating any formal proceedings, the User agrees to contact the Provider at info@zestly.org to attempt an amicable resolution. The Provider will respond within 30 days.
These CGU are governed by French law, without regard to conflict of law principles.
Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Paris, France.
If you are a consumer residing in the United States, disputes arising from or relating to these CGU may, at the Provider's discretion and to the extent permitted by applicable law, be resolved by binding arbitration rather than in court.
This arbitration clause:
• Applies only to users residing in the United States
• Does not apply to users located in the European Union or other jurisdictions where mandatory consumer protection laws prohibit arbitration
• Does not prevent either party from bringing a claim before the competent courts for small claims
Arbitration will be conducted in English, on an individual basis, in accordance with the rules of a recognised arbitration body (such as the AAA or JAMS).
Class arbitration and collective proceedings are not permitted, to the extent permitted by applicable law.
The arbitration award shall be final and binding on the parties, and may be enforced before any competent court.
Nothing in these CGU affects the statutory rights of consumers under applicable law.
Mobile applications are distributed via the Apple App Store and the Google Play Store. By downloading the application, the User accepts the terms and conditions of the applicable store.
Apple and its subsidiaries are third-party beneficiaries of these CGU for iOS applications. Apple has the right to enforce these CGU against the User.
Neither Apple nor Google has any obligation to provide maintenance, support or updates for the applications.
If any provision is found to be invalid, the remaining provisions remain in force.
These CGU, together with the Privacy Policy, constitute the entire agreement between the User and the Provider.
Failure to enforce any provision does not constitute a waiver of that provision.
The User may not assign their rights or obligations without the Provider's written consent. The Provider may assign its rights and obligations to any affiliated company or successor.
The Provider is not responsible for delays or failures due to circumstances beyond its reasonable control, including in particular:
• Natural disasters, wars, acts of terrorism, riots
• Pandemics, epidemics, health emergencies
• Outages from cloud infrastructure providers (AWS, Google Cloud, Scaleway, etc.)
• Failures of artificial intelligence service providers
• Electrical or telecommunications outages
• Cyber-attacks, DDoS attacks, security incidents
• Governmental, regulatory or judicial decisions
• Strikes or industrial disputes
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE PROCEEDING AGAINST THE PROVIDER.
Any dispute must be resolved individually. This clause applies in jurisdictions where it is legally enforceable.
The User is responsible for complying with applicable local laws and regulations in their jurisdiction, including in particular:
• Regulations relating to education and assessments
• Export restrictions and technology controls
• Data protection and privacy laws
• Sector-specific regulations (education, employment, etc.)
The Provider does not guarantee that the Service complies with the laws of all jurisdictions.
The Service offers an affiliate programme subject to specific terms available at [/legal/affiliate]. In the event of a conflict between the affiliate programme terms and these CGU, the affiliate programme terms prevail on the points they specifically govern.
For any questions regarding these CGU, contact: info@zestly.org
These CGU may be translated into several languages. In the event of a discrepancy between the different language versions, the French version prevails.
Date of last update: May 2026
By using the Service, you acknowledge that you have read, understood and unconditionally accepted these CGU.
