Terms Of Use.

Acceptance of the Conditions

Welcome to madenight.com, the official platform of MADeNight SAS, a company specialized in the development of cutting-edge software solutions and innovative services. By accessing this site, creating an account, requesting our services or purchasing our products, you unreservedly agree to these Terms and Conditions of Use, which govern all interactions between you, as a user, and MADeNight, including any use or exploitation of MadeGuard, an exclusive software subject to our intellectual property rights.

Your access and use of this site or our services implies complete and irrevocable acceptance of the provisions set forth, which constitute a binding legal framework. This acceptance extends to all related policies and regulations incorporated by reference.

By connecting to a server using MadeGuard technology, you are automatically recognized as an end user of MADeNight's services. This connection constitutes an implicit and irrevocable acceptance of the General Conditions of Use, as well as all associated regulations. You also acknowledge that you are subject to intellectual property rights and security measures in place, and you agree to strictly comply with applicable laws. Any violation or attempted misuse exposes the user to civil, criminal or contractual sanctions. If you disagree, it is your responsibility to immediately discontinue your connection and interaction with our services.

This preamble establishes the fundamental principles that underlie access to our products and services, ensuring strict compliance with applicable regulations and maintaining the integrity of the exclusive rights owned by MADeNight.

Software terms of use

Legal use
It is imperative that MadeGuard is used in strict compliance with applicable laws and regulations, whether local, national or international. Any use aimed at violating, circumventing or facilitating any illegal activity, directly or indirectly, is strictly prohibited and constitutes a violation of these conditions, exposing the user to civil, criminal and contractual sanctions.Use the Software in accordance with applicable laws, and refrain from any illegal activity or facilitation of illegal acts.Any content you receive through our log system is under your sole responsibility. You, not The Company or MADeNight, are solely responsible for any content received or made available through our Service. The Company does not guarantee the accuracy or compliance of this content with third party laws or rights.

Prohibited Content & Behaviors
Any content received, collected, or accessed through our logging system is under your sole responsibility. As a user, you assume full legal and moral responsibility for any content received or made accessible through our services. MADeNight assumes no responsibility for the accuracy, legitimacy, or compliance of such content with applicable laws or the rights of third parties, and does not offer any express or implied warranties in this regard.

• Disseminate offensive, illegal, defamatory, defamatory, obscene, discriminatory or other content that is contrary to ethics and applicable laws.
• Harm minors in any way whatsoever.
• Conceal or alter the origin of content transmitted via the Service.
• Post content that violates intellectual property rights, contains malware, or is intended to interfere with the operation of other software or services.
• Interfere with the Service, servers or networks connected to it.
• Impersonate or use elements of The Software or other entities to mislead.
• Extract data or information not explicitly provided by the Service.
• Harass, spy, or send unsolicited communications to other users.
• Store personal data without the explicit consent of those concerned.
• Violate other laws or regulations in force.

Any non-compliance with these commitments will result in appropriate measures, which may include, without being exhaustive, the immediate suspension or termination of access to the Service.

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‍Respecting FiveM™
By using MadeGuard, the user agrees to strictly comply with all stipulations and conditions set forth in the FiveM™ service agreement. Any breach of FiveM™ regulations, resulting from the use of MadeGuard, is the exclusive responsibility of the user, who fully assumes all legal consequences and related obligations.

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MadeGuard Modification Restrictions
Under these terms of use and in accordance with current legislation on intellectual property, the user expressly prohibits:

• To attempt, directly or indirectly, to disable, override or interfere with the software or its features, including, without limitation, measures intended to prevent or restrict the use or copying of the software, or features that limit use to certain users.

‍Violations and Penalties
Any violation of these prohibitions irreversibly engages the responsibility of the user and exposes him to civil and criminal proceedings, without prejudice to MADeNight's rights to demand compensation for any damage, whether material, moral or financial. MADeNight, as an entity legally owning and operating the Service, reserves the right to apply any measures it deems necessary, including, without limitation, the immediate suspension of access to the Service, the definitive prohibition of use, as well as the initiation of legal proceedings to protect its rights and interests.
Any violation of these prohibitions exposes the user to civil and criminal sanctions, without prejudice to the rights of recourse and compensation that may be claimed by the company as a result of harm suffered. In the event of a violation of these terms, the Company reserves the right to take any action it deems appropriate, including, but not limited to, terminating your access to the Software, prohibiting future use of the Software, and/or legal proceedings.

Confidentiality policy

Registration and Use of the Site
To fully benefit from the services offered by our platform and to proceed with the acquisition of our products, registration is necessary. By creating an account, you certify that you are at least 18 years old, have the legal capacity required to adhere to these Terms of Use, and that you are not subject to any legal restrictions regarding the receipt of our products or services.

Accuracy of information
When registering, you will be asked to provide some essential personal information. You hereby agree to provide truthful, current, and complete information. It is your responsibility to update this information regularly so that it remains accurate, accurate, and complete.

Confidentiality
MADeNight is formally committed to scrupulously respecting the confidentiality and security of your personal data. These will be treated with the utmost care, in strict compliance with relevant international and national regulations, including, but not limited to, the General Data Protection Regulation (GDPR) and any other applicable privacy laws.

Third-party links
We have no control over third party sites linked to our Site and disclaim any responsibility for them. These links are proposed to facilitate your navigation. If you access these sites, you do so at your own risk.

Creation of links to our site
You can establish links to our Site without duplicating our home page, while respecting the integrity of our logos and without falsely insinuating an affiliation. It is imperative that your site does not contain inappropriate or illegal content and that you do not misrepresent your relationship with us. Unauthorized use of our brands may result in corrective actions, including a claim for compensation.

ISO compliance
Our site scrupulously respects the ISO localization standard 'fr-FR', in order to guarantee the linguistic excellence and cultural relevance of our content. This compliance is the assurance of our commitment to provide a consistent and high-quality user experience, in perfect harmony with international standards.

ISO 27001 and ISO 27017 compliance
MADeNight also complies with ISO 27001 (“Information Security Management Systems”) and ISO 27017 (“Security Controls for Cloud Services”) standards. These certifications attest to the implementation of advanced security measures to protect sensitive data and ensure the resilience of our systems in the face of cyber threats. By applying these standards, we assure our customers that their information is treated with the highest level of confidentiality, integrity and availability.

RGPD compliance
We operate in full compliance with the General Data Protection Regulation (GDPR) of 2016, ensuring that the fundamental rights of our users in terms of privacy and data security are respected. Our practices for collecting, processing and storing personal data are strictly governed by the principles of the GDPR, ensuring transparency and protection for the users of our services.

Cookies and tracking

Cookie Policy
MadeNight uses cookies to improve the user experience and analyze site traffic via Google Analytics. Cookies are essential for the functioning of our site and our services, allowing us to remember your preferences, to recognize you during your next visits, and to provide you with personalized services. By continuing to use our site, you agree to the use of these essential cookies.The Company reserves the right to change this privacy policy at any time. Changes will be posted on the Company's website or in the Software release notes.

Rights and changes
The Company reserves the right to change these conditions at any time. Users are invited to review these terms regularly to be aware of any updates.

Intellectual property

Content ownership
‍All content available on the Company's site, including but not limited to text, graphics, logos and icons, is the exclusive property of the Company. Unauthorized reproduction or use is strictly prohibited.
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Registered trademarks
The brands, logos, graphics and visual elements associated with MadeGuard are the exclusive property of MADeNight. Any unauthorized use, reproduction or exploitation of these elements is strictly prohibited and may constitute an infringement, exposing the author to civil and criminal sanctions, as well as to legal remedies initiated by MADeNight to defend his rights.The brands and logos associated with the Software, as well as their graphic charter and distinctive colors, are the exclusive property of the Company. Any unauthorized use is prohibited and may constitute counterfeiting.Counterfeiting or abusive use of the brand, logo, or graphic charter exposes the author to criminal and civil sanctions.

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Penalties for counterfeiting
Counterfeiting or abusive use of the brand, logo, or graphic charter exposes the author to criminal and civil sanctions.

Responsibilities and Limitations

Property protection
If counterfeiting or abusive use is detected, we urge you to let us know. The Company is committed to taking appropriate measures to assert its rights.

Limitation of liability
The Company declines all responsibility for any damage, direct or indirect, arising from the use of its site, products or services.

Compensation
The user agrees to indemnify MADeNight against any loss or damage arising from the violation of these terms or from the improper use of the services or MadeGuard.The user agrees to indemnify the Company against any loss or damage resulting from the violation of these terms or from the inappropriate use of the site or the Software.

Refund Policy

Right of Withdrawal
MadeGuard, in strict compliance with the directives of the Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF), grants you a right of withdrawal exercising within a period of fourteen (14) calendar days from the date of acquisition. This right is exclusively reserved for transactions concluded electronically, by telephone, by post, or by fax.

The right of withdrawal expires immediately if the license is activated or if the period of fourteen (14) days is exceeded. Once the license is activated and the startup process is complete, no refund will be possible.

‍Exclusions and Non-Refundable
Due to the intrinsic and irreversible nature of license activation, MADeNight cannot issue refunds for licenses that have already been activated. In addition, personalized services or tailor-made solutions, such as MadeGuard, are excluded from the right of withdrawal, in accordance with article L121-21-8 of the Consumer Code.Due to the intrinsic and irreversible characteristic of license activation, MadeGuard is unable to refund licenses that have already been activated. In addition, custom software is exempt from this right of withdrawal, under article L121-21-8 of the Consumer Code.

Refund terms
In order to initiate the refund procedure, it is imperative to notify MadeGuard within the prescribed period of fourteen (14) days following the purchase. Following the validation of your request by our customer service, the refund will be made in accordance with your original payment method, within fourteen (14) days.Notify MADeNight within the prescribed period of fourteen (14) days following the purchase. Following the validation of your request by our customer service, the refund will be made in accordance with your original payment method, within seven (7) days.

‍Legal provisions
This refund policy is developed in full compliance with the legal and regulatory provisions in force, and is subject to amendment in order to remain in line with them.

Data collected

Server Operators' Obligations
Any game server operator using MadeGuard technology is legally and contractually required to comply with clear and rigorous obligations in terms of information and data confidentiality. These obligations must be formalized in the general conditions, legal notices, or any other binding contractual document intended for users.

Categories of Data Collected
The data processed and collected by MadeGuard, which is essential for the protection of servers and the prevention of fraudulent behavior, includes in particular:

• Tokens, specific game data, combining unique identifiers generated by MADeNight and FiveM, guaranteeing security and traceability,
• Hardware components, Encrypted information about user hardware, inaccessible to server operators,
• Keyboard-mouse interactions, Analysis of movements and actions performed on the keyboard and mouse,
• Live activity, screenshots, and video recordings of the game session, including up to 10 seconds before any ban, with associated audio and the duration of the game session.
• IP addresses,
• cfx.re™ licenses, Rockstar Games®,
• Discord®, Steam®, Xbox Live® IDs.

This information, which is necessary for the optimal functioning of MadeGuard and strictly limited for protection and compliance purposes, must be handled in accordance with the highest security standards. They should also be rigorously protected against unauthorised access, disclosure, or abusive use. Any failure or breach of this obligation incurs the exclusive and complete responsibility of the server operator.

Confidentiality and Responsibilities of Operators
Server operators are required to ensure the absolute confidentiality of the data transmitted by MadeGuard. Under no circumstances may this data be shared, disclosed or used for purposes other than those provided for in the context of the service. Sensitive information, such as hardware components, is encrypted and inaccessible to operators. Only the tokens generated by MadeGuard and FiveM™ are provided to ensure the monitoring and operation of users.

Any violation of these obligations, including unauthorized access, disclosure or abusive use, engages the full responsibility of the operator concerned. MADeNight reserves the right to take any necessary measures, including the suspension of services and legal proceedings.

‍User Acceptance and Consent
By connecting to a server protected by MadeGuard, users tacitly consent to the data processing methods and terms and conditions associated with this service. This consent includes the transmission of the necessary information to the server operator. If a user does not want to comply with these conditions, they are free to not connect to the server concerned.

Non-Collection of Personally Identifiable Data
MadeGuard ensures that no personally identifiable data is collected or processed. All cheat detection operations are executed locally on the user's computer, thus ensuring maximum confidentiality.

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Technical Data Processing
The technical data required for MadeGuard to operate (Rockstar Games® licenses, licenses, Rockstar Games®, Discord®, Steam®, Xbox Live®, IP addresses, etc.) is fully encrypted and stored locally on the user's device. This information remains inaccessible to MADeNight and any third party, except when it is transmitted exclusively to game server operators for specific management, security and compliance needs. Additionally, a rigorous IP verification process ensures that this data does not come from a virtual machine, ensuring a high level of security and integrity.

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Monitoring of User Movements and Actions
For the sake of efficiency, MadeGuard monitors mouse movements, keyboard interactions, real-time screen, keystrokes, as well as technical information such as Windows license, account cfx.re™, FiveM™ tokens, and the user's FiveM™ online identifier. It is noted that this data includes items licensed and exclusively owned by Rockstar Games®, used in accordance with their terms. This information, collected for detection purposes only, has advanced encryption, ensuring that even MADeNight does not have access to it.

Our commitment
MADeNight, in accordance with French regulations, including the General Data Protection Regulation (RGPD) and the Data Protection Act, is committed to guaranteeing the security, integrity, and confidentiality of data processed by MadeGuard, scrupulously ensuring respect for the rights and freedoms of users. We use the term 'unique references' to refer to the information collected, underlining our commitment not to exploit this data beyond securing and improving the gaming experience.

In the event that a user notices abuse, a data breach, or any inappropriate use of MadeGuard by a server operator or other third party, they are strongly encouraged to report the situation without delay. To do this, he can:

• Go directly to the reporting form available hither.
• Send a detailed email to complaints@madenight.com.

Each report will be handled with the utmost care in order to ensure data security and maintain trust within our community.

‍Limitation of Liability
MADeNight, as a provider of MadeGuard technology, assumes no responsibility for possible data leaks, losses, or breaches that occur on third party servers. Responsibility for the management, storage and security of the collected data lies exclusively with the server operator. Users acknowledge that they are acting of their own free will by choosing to connect to the server of their choice and assume the associated risks.

Services and Jurisdiction

License Conditions ‍
MadeGuard, owned by MADeNight, SAS, is licensed and not sold. Licenses are issued only through the official website www.madenight.com. They are strictly personal, non-transferable, and intended for use on a single server. Your account and license information is private; our staff will never ask for this information. Violation of the terms of use results in the revocation of the license.
MadeGuard is committed to scrupulously complying with current regulations, including the guidelines of the DGCCRF. We ensure the clarity and transparency of our refund policy to ensure the satisfaction of our users.

‍Digital exchanges
During your interactions with our platform, the start of an electronic correspondence or a purchase materializes your consent to our digital communication. These exchanges, whether via your email or displayed on our Site, have the same legal value as if they were recorded in writing.

‍Evolution of services
We reserve the right, at our sole discretion, to adjust or discontinue certain services without prior notice. Despite our desire to provide a continuous experience, we are not responsible for changes or interruptions in our services. Please check our Terms regularly to stay up to date.

‍Law and jurisdiction
Any relationship relating to this Site is governed by French law. Any disputes are under the exclusive jurisdiction of the French courts.