Version 2.3 — published and effective 26 September 2026, except for the provisions indicated in Article 19, effective 26 October 2026
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 lets users practise with a ready-to-use Example Library or create customised quizzes, exams, summaries, flashcards and written work from their own documents or from a freely entered topic, using automatic 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 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. Material: a unit of educational content (Template) from which quizzes, exams, summaries, flashcards and written-work answer sheets are generated; refers equally to a Template created by the User or to a material from the Example Library.
Example Library: the catalogue of ready-to-use Materials selected and published by the Publisher, available at /catalog without creating an account.
Written work: the format in which the Service generates a printable answer sheet (open-ended questions and answer lines, with a QR code on every page) that the candidate fills in by hand, photographs and submits to receive an automatic correction.
Material Owner: the User to whom a Material is attached and whose quotas are debited for any use of that Material, including by Public Candidates or Group Members.
The Service is intended for users aged 13 or over. By using the Service independently, you confirm that you are at least 13 years old. Users under 18 must obtain the consent of the holder of parental responsibility. Where the applicable law sets an age of digital consent above 13 (15 in France), that consent is required below that age for any processing based on 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.
A child under 13 may only use the Service through a member profile created or invited by an adult within a family or class Group (Articles 2.2 and 2.3). The holder of parental responsibility — or, for a class Group, the institution — gives consent to the collection and supervises the use; an invitation by a teacher does not replace that consent. The processing of these profiles' data is described in section 9 of the Privacy Policy, including the guarantees required of the artificial-intelligence providers to which their exchanges and work are entrusted.
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.
Earlier versions are identified in the change history (Article 19) and provided on request. A change unfavourable to the User — a new restriction, a reduced allowance, a limitation of a right — is notified at least 30 days before it takes effect; corrections of errors and changes in the User's favour may take effect upon publication.
Zestly is an educational platform for practice and revision. The User may, at their choice:
• use the ready-to-use Materials of the Example Library (Article 4.10), which are the main way of accessing the Service;
• create their own Materials from educational documents (PDF, Word, images, text) or from a freely entered topic, using automatic content generation technology.
In both cases, quizzes, exams, summaries, flashcards and written-work corrections are produced by automated algorithms under the conditions of Article 4.1.
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 Material, 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
• Written work: a printable answer sheet, filled in by hand, photographed and then corrected automatically (Article 4.9)
• Example Library: a catalogue of ready-to-use Materials that can be browsed without an account and copied into the User's own space (Article 4.10)
• 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, text-to-speech and, in the future, listening-comprehension exercises. These features may use:
• The native capabilities of the User's device (system speech recognition and speech synthesis)
• Third-party online services for voice processing — audio transcription and speech synthesis — provided by the artificial-intelligence providers described in section 5.1 of the Privacy Policy
The User acknowledges and accepts 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 providers for processing, in accordance with the Privacy Policy
• The Publisher is not responsible for transcription or speech-synthesis errors
• The use of third-party voice services is subject to those providers' terms of use
• Voice input and text-to-speech are counted in seconds against the User's quota or, when used on shared content, against the Material Owner's quota
Synthesised voices. Any read-aloud offered by the Service (exam prompts, flashcards, listening exercises) is produced by a speech-synthesis system: the voice is artificially generated and does not correspond to any real person. Listening exercises based on an artificially generated recording will be labelled as such in the interface at the time of listening. Should the Publisher ever offer recordings made by human speakers, it would hold the necessary rights and identify them as such.
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 number of exchanges in an exam session is capped; when that cap is reached, the session is closed automatically and the assessment is produced from the exchanges already completed
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.
The User acknowledges and agrees that:
• 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
• In addition to notifications related to Group activity, the Publisher may send registered Users announcements about the Service (new features, changes to these CGU or to the Privacy Policy), delivered simultaneously in the application and, where applicable, by push notification, in the User's language
References to national examinations, diplomas, certifications or curricula — school examinations (for example the Baccalauréat, the Brevet, the GCSE, the Abitur, the Maturità, the ENEM, the Matura, the ЕГЭ/ОГЭ, the SAT or the ACT), civic and naturalisation tests (for example the French civic test, the German Einbürgerungstest, the US naturalization test or the "Life in the UK" test), or language certifications (for example the DELF, the DALF, the TCF, the Deutsch-Test für Zuwanderer, the IELTS or the TOEFL) — are purely descriptive: they identify the subject a Material prepares for. The Publisher is not affiliated with, endorsed by, or sponsored by any ministry, public authority, examination board, test centre or certification body, including the French Ministry of National Education, the French Ministry of the Interior, the Bundesamt für Migration und Flüchtlinge (BAMF), the United States Citizenship and Immigration Services (USCIS), the UK Home Office or France Éducation international.
Some of these names are registered trademarks of their respective owners — in particular DELF, DALF and TCF, trademarks of France Éducation international, SAT and AP, trademarks of the College Board, IELTS, a trademark of the British Council, IDP: IELTS Australia and Cambridge University Press & Assessment, and TOEFL and TOEFL iBT, trademarks of ETS (Educational Testing Service). They are used nominatively, solely to identify the examination concerned, without suggesting any endorsement by or connection with those owners.
The "written work" format lets the User practise in writing, by hand, on a Material. The Service generates a printable answer sheet (PDF) containing open-ended questions, answer lines and, on every page, a QR code pointing to the page of the assignment. The candidate answers by hand, photographs or scans the completed pages and submits them from their account. The Service then transcribes the handwritten text, assesses each answer (correct, partial, incorrect, blank or illegible) and produces an overall report.
• The questions on the sheet, the transcription of the handwritten text, the comments and the report are generated by automated algorithms under the conditions of Article 4.1; the transcription of handwriting may be incomplete or wrong, and a page that is illegible or photographed in poor conditions may not be assessed
• Handwritten text is processed only to recognise its content; it is neither used to identify a person nor subjected to any biometric processing
• Submitting pages requires an account; the correction quota ("written-work checks") and, for submissions through a public link, the sharing quota are debited from the Material Owner, not from the candidate who writes
• The number of pages accepted per submission is limited to the number of pages of the printed sheet, plus one spare page
• When the Material Owner switches on publication of the written work, the assignment page (an address of the form /s/w/…) and the PDF answer sheet are accessible without authentication to anyone who has the link or scans the printed QR code. Only submitting pages and viewing results require an account. Switching on this publication is the sole responsibility of the Material Owner, under the conditions of Article 7
• A submitted work is visible to its author, to the Material Owner and to the co-managers of the Group concerned (Article 5.4); it is never made public
• A new submission creates a new work; already corrected works are kept as history and are not overwritten
• A sheet printed before the questions or layout of the Material were changed may no longer match the Material and may not be assessed correctly
Where the candidate is a minor who is a member of a family or class Group, the Material Owner (parent, guardian or teacher) is responsible, under the conditions of Articles 2.2, 2.3 and 5.4, for the use of this format, the submission of pages and any activation of publication.
Where the sheet comes from a Library Material, its printing may be partial under the conditions of Article 4.10.
The Publisher makes available, at /catalog, an Example Library: ready-to-use Materials organised by country, track and topic, which can be browsed without creating an account.
Origin of the materials. The Materials of the Library are written by the Publisher, where applicable with the help of automatic content generation, and then checked before publication. Where a Material reproduces questions from an official catalogue published by a public authority, that reproduction relies on the legal regime applicable to that catalogue, in particular:
• for the official question catalogue of the German naturalisation test (Bundesamt für Migration und Flüchtlinge), on Section 5(2) of the German Copyright Act (UrhG), which excludes such official publications from protection, subject to the prohibition of alteration (Section 62 UrhG) and the obligation to acknowledge the source (Section 63 UrhG);
• for publications of French public administrations, on the Licence Ouverte / Open Licence 2.0 (Etalab);
• for works of the United States federal government, on their absence of copyright protection (17 U.S.C. § 105).
In those cases the Publisher endeavours to reproduce the official questions verbatim and to state the source of the catalogue together with, where known, its date or version. Discrepancies may nevertheless remain — differences of presentation (typography, punctuation, layout), a partial selection of questions, or a lag behind a more recent version of the catalogue; in the event of any discrepancy, only the official publication is authoritative (Article 4.11). The User may report any discrepancy to the Publisher, who will correct it as soon as reasonably possible. Where a reference publication does not allow reproduction (for example handbooks protected by UK Crown copyright), the questions are written by the Publisher from facts verified on official sources, without reproducing the protected text.
Use by the User. Library Materials may be used directly or copied into the User's own space. Copying does not use up the allowance for creating Materials; use of the copy (quizzes, exams, flashcards, written work) remains subject to the quotas of the User's plan and to the access rules below. The copy is a separate Material of which the User becomes the Owner within the meaning of these CGU, subject to two reservations: its questions cannot be modified, in order to preserve the accuracy of the Material and, where applicable, the literal reproduction of official questions; and sharing it points to the Material's page in the Library, not to a link specific to the copy. Library Materials remain subject to Article 6.3: they are licensed for educational use and may not be resold or commercially redistributed. A Library Material cannot be deleted by a User, nor can its sharing links be changed; its settings are fixed by the Publisher.
Accuracy and currency. Official catalogues change. The Publisher endeavours to keep the Library up to date but guarantees neither the completeness of a Material nor its correspondence with the most recent version of the examination concerned (Article 4.11).
Takedown on notice. Anyone who believes that a Library Material infringes their rights (copyright, trademark, image rights or otherwise) may notify info@zestly.org, stating the address of the Material, the rights relied upon and the elements needed to assess the request. The Publisher examines the notice promptly and removes or amends the Material concerned where the request is well founded.
Partial access. Access to a Library Material may be partial. Depending on the mode of access (with or without an account), the subscribed plan and the number of Materials already used, a session may cover only part of the questions or cards of the Material, without exceeding half of it. The application then states, before the session starts and while it runs, that this is an extract and how many items it covers. This limitation applies to the session and not to the Material: the copy made in the User's space remains complete, and a later session is complete as soon as the access conditions allow. Printable documents produced from a Material (flashcard deck, written-work sheet) follow the same rule and may be printed on a single page only.
Premium sections. Certain sections of the Library, marked as “premium courses” in the application, are included in every Subscription at no extra charge. A free account accesses a limited number of Materials per section there: the first Material of each track in the section is available in full, the following ones only as the extracts described above. The other sections remain accessible without a limit on their number to Users who have an account, with the exception of content offered under Article 8.7, which is marked as such in the application and subject to a separate payment.
Some Library Materials prepare for civic tests, language tests or knowledge tests required as part of an application for a residence permit, residence status or naturalisation. For these Materials, the User expressly acknowledges and accepts that:
• The Service is a practice tool. It provides no legal, administrative or immigration advice, takes no position on any personal situation and does not constitute official or accredited preparation.
• The Publisher has no connection with the authorities. It is neither affiliated with, accredited by nor approved by the French Ministry of the Interior, the prefectures, the Bundesamt für Migration und Flüchtlinge (BAMF), the United States Citizenship and Immigration Services (USCIS), the UK Home Office, test centres or any other competent authority.
• Practice has no effect on the procedure. Results obtained on the Service have no official value, are not transmitted to the authorities, replace no examination and have no influence whatsoever on the outcome of an official examination or on the handling of an application.
• Only official sources are authoritative. The conditions for obtaining a permit or a nationality, the official question lists and their updates are exclusively those published by the competent authorities, in particular the French Ministry of the Interior (interieur.gouv.fr), the BAMF (bamf.de), USCIS (uscis.gov) and the UK government (gov.uk). Users are invited to consult them before taking any step.
Questions in Example Library Materials may be accompanied by images (diagrams, maps, symbols) where the examination concerned includes them. These images are reproduced on the same legal grounds as the text of the corresponding questions (Article 4.10) or created by the Publisher. The Service does not allow the User to add images to the questions of their own Materials; documents and images uploaded by the User (Article 6) serve only as a source for content generation.
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 progressive allowances described in Article 5.5
• 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 quotas covering in particular the number of templates created, quizzes, exams, summaries, flashcard learning sessions, written work marked and public shares. The applicable quotas depend on the mode of access and on the subscribed plan, may differ from one feature to another and are shown in the application.
Paid plans. Quotas are monthly. They 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.
Trial mode (without an account). The allowance is granted per device, is not renewed and is not transferable. Access to renewed allowances requires the creation of an account.
Free account. Certain features are made available in the form of progressive allowances rather than monthly quotas:
• an initial allowance is granted when the account is opened; it may be used at any time and does not expire;
• once that initial allowance is exhausted, a waiting period applies before the next unit is granted;
• thereafter, units are granted one at a time, at regular intervals and up to a ceiling; unused units remain acquired up to that ceiling, and no new unit is granted while the ceiling is reached;
• the ceiling, the length of the intervals and the features available may be reduced as cumulative use increases: free access is intended to allow discovery of the Service, not intensive or long-term use;
• the application shows, for each feature concerned, the number of units remaining and, once the allowance is exhausted, the date of the next grant.
Current state of free-account allowances. As at the date of this version, once the initial allowance for creating materials is exhausted, the following units still allow a material to be created from a typed topic or from a photograph, but not from a PDF or a Word file; the application states this before the file picker opens. For exams, the initial allowance of full exams is not renewed; once it is used up, the free account may take shortened exams, covering a reduced number of questions and assessed under the same conditions, up to a number set per rolling seven-day period, which the application states together with the date of the next availability. The other features subject to progressive allowances are not restricted in this way.
The Provider may modify the allowances, ceilings, intervals and features associated with trial mode and the free account; changes unfavourable to the User are subject to Article 3 and do not reduce units already granted and not yet used. Free allowances are personal: circumventing them, in particular by creating multiple accounts, constitutes a breach under Article 9.
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, flashcards or written work, 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
• For written work, the public link gives access to the assignment page and to the PDF answer sheet without authentication; submitting pages and viewing results remain reserved to the accounts concerned (Article 4.9)
• Example Library Materials are public by nature; their links are managed by the Publisher
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 taken out by a consumer: a 14-day right of withdrawal from the date of subscription (Articles L221-18 et seq. of the French Consumer Code). Access to the Service begins upon subscription, at the User's express request; the right subsists throughout the 14 days and, in the event of withdrawal, the User owes only an amount proportionate to the service provided up to the communication of their decision (Article L221-25), the balance being refunded.
• For content packages (Article 8.7) purchased by a consumer: the right of withdrawal is lost if performance began with the User's express prior consent and acknowledgement of that loss (Article L221-28, 13°); failing that, it may be exercised within 14 days.
• For App Store/Play Store purchases: refunds are governed by Apple's or Google's refund policies
• Apart from the cases above and the statutory guarantees, no pro-rata refund is made 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 Provider may offer additional content packages (for example, question banks tailored to a specific exam or certification), separate from the content included in the standard Subscription.
• An add-on package is only accessible to a User with an active Subscription.
• If the User does not yet have a Subscription when selecting a package, the User is invited to subscribe; access to the package remains subject, where applicable, to the separate payment whose amount is stated before the purchase is confirmed.
• If the User already has an active Subscription, access to an add-on package may be subject to a separate one-time payment, with the amount shown before the purchase is confirmed.
• In all cases, use of content unlocked by a package remains subject to the quotas of the current Subscription.
• Access to a purchased package is permanent and does not expire when the Subscription renews, provided the account remains active.
• A limited, free trial of a package may be offered before purchase; its terms (number of trials, accessible content) are set freely by the Provider and may change without notice.
• Payments for add-on packages are processed by the same providers as Subscriptions (Article 8.1) and are subject to the same refund rules (Article 8.5).
For subscriptions taken out through Google Play:
• Payment is charged to the User's Google account upon confirmation of the purchase, using the payment methods registered in Google Play
• Subscriptions renew automatically unless cancelled before the end of the current period, from the "Subscriptions" section of the Google Play application
• Uninstalling the application does not cancel the subscription
• This contract is concluded between the User and DAPFOR SAS, not with Google; Google has no obligation to provide maintenance or support
• Refunds are governed by the Google Play refund policy (Article 8.5)
Subscription prices are displayed on the website in euros, inclusive of taxes unless stated otherwise. For in-app purchases made through the Apple App Store or Google Play, the price actually charged is set by the app store, in the currency and according to the price tiers of the country of the User's account; it may differ from the euro price displayed on the website, in particular because of exchange rates, local taxes and the price tiers imposed by the store. Only the price displayed by the store at the time the purchase is confirmed is binding for that purchase. Referral programme discounts (Article 17.8) apply to web subscriptions only.
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
• Not to create multiple accounts in order to circumvent free allowances
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.
Articles 10.1 to 10.6 apply to the extent permitted by law. They neither limit nor exclude the Provider's liability for wilful misconduct or gross negligence, for personal injury, the statutory guarantees enjoyed by consumers — in particular the legal guarantee of conformity of digital content and services (Articles L224-25-1 et seq. of the French Consumer Code) — nor any liability that cannot be limited under the applicable law. Towards a consumer, Article 10.5 does not prevent compensation for loss resulting from a lack of conformity of the Service.
The notices below are addressed to consumer Users and reproduce the regulatory model. They supplement Article 10.7; in case of discrepancy with a translation, the French text prevails.
Subscriptions (continuous supply of the Service during the subscription period — monthly or yearly depending on the plan chosen, renewed each period)
> The consumer is entitled to the statutory guarantee of conformity in the event of a lack of conformity appearing during the current subscription period from the supply of the digital content or digital service. During that period, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared. > > The statutory guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the subscription period. > > The statutory guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them. > > The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if: 1° the trader refuses to bring the digital content or digital service into conformity; 2° bringing the digital content or digital service into conformity is unjustifiably delayed; 3° bringing the digital content or digital service into conformity cannot take place without costs imposed on the consumer; 4° bringing the digital content or digital service into conformity causes major inconvenience to the consumer; 5° the non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity. > > The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case the consumer is not required to first request that the digital content or digital service be brought into conformity. > > Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price. > > Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again. > > These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. > > A trader who in bad faith obstructs the application of the statutory guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be raised to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code). > > The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
Content packages (one-off supply, Article 8.7)
> The consumer has a period of two years from the supply of the digital content or digital service to obtain the application of the statutory guarantee of conformity in the event of a lack of conformity appearing. During a period of one year from the date of supply, the consumer only has to establish the existence of the lack of conformity and not the date on which it appeared. > > The statutory guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service. > > The statutory guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, free of charge and without major inconvenience to them. > > The consumer may obtain a price reduction while keeping the digital content or digital service, or may terminate the contract and obtain a full refund in exchange for giving up the digital content or digital service, if: 1° the trader refuses to bring the digital content or digital service into conformity; 2° bringing the digital content or digital service into conformity is unjustifiably delayed; 3° bringing the digital content or digital service into conformity cannot take place without costs imposed on the consumer; 4° bringing the digital content or digital service into conformity causes major inconvenience to the consumer; 5° the non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity. > > The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. In that case the consumer is not required to first request that the digital content or digital service be brought into conformity. > > Where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price. > > Any period during which the digital content or digital service is unavailable in order to be brought back into conformity suspends the remaining guarantee period until the digital content or digital service is supplied in conformity again. > > The rights mentioned above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. > > A trader who in bad faith obstructs the application of the statutory guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be raised to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code). > > The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or digital service is kept, or to a full refund in exchange for giving up the digital content or digital service.
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: artificial intelligence providers established in the United States, for content generation, exam conversation and assessment, the transcription and assessment of written work and voice processing; an automatic content-moderation service; the payment service providers (Stripe, Apple, Google), the push-notification service providers (Apple APNs, Google FCM) and the hosting providers. The categories, the applicable guarantees — including those required for children's profiles — and how the named list is provided are detailed in section 5.1 of 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, subject to Article 8.5 and the statutory guarantees
• 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
• Is detailed, as regards the data erased immediately and the data kept for a limited period, in the section "Deleting your account and data" of the Privacy Policy
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.
The Service provides no legal, tax, administrative or immigration advice. Materials relating to civic, integration, language or naturalisation tests are subject to the special conditions of Article 4.11: only the competent authorities and their official publications are authoritative as to the conditions, procedures and content of official examinations.
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.
Between parties who all contracted in their capacity as traders (Article 48 of the French Code of Civil Procedure), any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of Paris, France. For any other User, and in particular consumers, the statutory rules of jurisdiction apply: in addition to the courts having territorial jurisdiction under the French Code of Civil Procedure, the consumer may bring proceedings before the court of the place where they resided when the contract was concluded or when the harmful event occurred (Article R631-3 of the French Consumer Code); a consumer residing in another Member State of the European Union may bring proceedings before the courts of their State of residence.
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.
In accordance with Articles L611-1 et seq. and L616-1 of the French Consumer Code, any consumer User who has contacted customer service (Article 15.1) without obtaining a satisfactory answer within one month may have free recourse to a consumer mediator with a view to the amicable resolution of the dispute. The contact details of the mediator to which the Provider adheres are given in the Legal Notice (/legal/notices). Recourse to mediation is optional and does not affect the right to bring proceedings before the courts.
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-program (/legal/affiliate-program). 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.
• Version 2.3 — 26 September 2026: use of copies of Library Materials (Art. 4.10: copying does not use up the creation allowance; sharing a copy points to the Library page); premium sections included in every Subscription, first Material of each track available in full to a free account, and distinction from paid packages (Art. 4.10); shortened exams of the free account (Art. 5.5); clarifications on the reproduction of official catalogues and possible discrepancies (Art. 4.10). These provisions are corrections or are in the User's favour and take effect on 26 September 2026. The impossibility of modifying the questions of a copy (Art. 4.10) and the removal of free access to a package upon taking out a Subscription (Art. 8.7) take effect on 26 October 2026.
• Version 2.2 — 20 September 2026: age conditions and profiles managed by an adult (Art. 2.1, 2.4); prior notice of unfavourable changes (Art. 3); free-account allowances distinguished from monthly quotas (definitions, Art. 5.3); right of withdrawal and refunds (Art. 8.5, 13.2); limits of the limitation of liability (Art. 10.7, 10.8); jurisdiction for consumers (Art. 15.3) and consumer mediation (Art. 15.6); artificial-intelligence sub-processors designated by category, with the guarantees required for children's profiles (Art. 12). This version contains only corrections and provisions in the User's favour; it takes effect upon publication.
• Version 2.1 — 20 September 2026: described partial access to Library Materials and the sections reserved for subscribers (Art. 4.10), the possibly partial nature of printing (Art. 4.9) and the current state of free-account allowances (Art. 5.5).
• Version 2.0 — 20 September 2026: added written work (Art. 4.9), the Example Library and its regime (Art. 4.10, 4.12), the special conditions for civic and naturalisation tests (Art. 4.11, 14.4), synthesised voices (Art. 4.4), Google Play subscriptions and regional prices (Art. 8.8, 8.9); updated the definitions, the description of the Service (Art. 4, 4.2), third-party examinations (Art. 4.8), sub-processors (Art. 12), sharing (Art. 7) and the link to the affiliate programme (Art. 17.8); clarified the regime of quotas and of the progressive allowances of trial mode and the free account (Art. 5.5), the cap on exchanges in exam mode (Art. 4.5) and the related obligations (Art. 9.1); introduced the version number and this history.
• Version 1.x — August 2026: last revision prior to the introduction of the history.
Version 2.3 — effective 26 September 2026 (change history: Article 19)
By using the Service, you acknowledge that you have read, understood and unconditionally accepted these CGU.
