The Makifaa website allows clients to purchase high-quality content (Content) tailored to their specific needs and access a wide range of visual content for their personal or professional projects.

1. Definitions

Words or expressions starting with a capital letter are defined as follows:

« CGUV »	refers to this document;
« Client »	refers to a natural person who has subscribed to the service offered by Makifaa for the purchase of Content;
« Account »	refers to the individual account for strictly private use by each Client and accessible from the Site using their Login Credentials;
« Content»	Any digital or physical material made available on the Site, including but not limited to Content and other creative works or information. Content can be created or captured using different media formats and is offered for personal, professional, or commercial purposes, either for purchase or as part of a subscription.
« Creator »	A person specialized in capturing, creating, and managing visual content, who makes their creations available on the Makifaa site for clients wishing to purchase or use them in their projects. These creators are experts in the art of visual creation, whether it be portraits, landscapes, commercial or artistic photography.
« Data »	refers to any information relating to an identified or identifiable natural person. The person concerned is identifiable when they can be identified directly or indirectly, notably by reference to an identifier;
«Login Credentials »	refers to a unique identifier accompanied by a complex password chosen by the Client, allowing them as a User to identify themselves to access the Service;
« Makifaa »	refers to this website, developed and operated by the company Makifaa;
« Service(s) »	refers to all Services, free or paid, accessible to Users of the Site;
« Site »	refers to this website https://makifaa.com.
« Users »	refers to the Client who may or may not have an Account and who benefits from the Services for strictly personal and private use.

2. Acceptance of the CGUV

These CGV aim to define the conditions under which the Client can benefit from the services offered by Makifaa.

The use of the Site is subject to the unconditional and unreserved acceptance by the Client. They aim to define the rules of use of the Site as well as the respective rights and obligations of any Client of the Site.

By accepting the CGV, upon activating their Account, the Client acknowledges having read and understood all of these CGV presented to them and accepts them without restriction or reservation. If the Client does not accept the CGV, their Account cannot be activated, and they will not be able to benefit from the services offered by Makifaa.

3. Registration on the Site

3.1. Conditions of access to Services

To be a Client of Makifaa, you must have the legal capacity to contract and provide all the mandatory information in the registration forms on the Site.

3.2. Creation of the User Account as a Client

The use of the Site requires the Client to register on the Site by filling out the form provided for this purpose to become a Client. The Client can either create an account using their Google credentials or by providing their email and creating a password. In this perspective, the Client must provide all the information marked as mandatory.

The Client guarantees that the data they provide is accurate, true to reality, and kept up to date. They undertake to inform Makifaa without delay in case of modification of the data they provided during their registration and, if necessary, to make these modifications themselves on their Account accessible online on the Site.

The Client must notably provide a valid email address and a phone number where they can be reached. The Client guarantees that all the information they provide in the registration form is accurate, up-to-date, and sincere and is not misleading.

They undertake to update this information in their Personal Space in case of modification, so that it always meets the aforementioned criteria.

Makifaa provides its Clients with credentials allowing them to connect to their Account. These credentials are strictly personal and confidential and must not be communicated or shared with third parties. Makifaa reserves the right to accept, refuse, and delete any registration in case of non-compliance with these CGV.

Registration automatically results in the opening of an Account in the name of the Client, giving them access to a personal space that allows them to manage their use of the Services in a form and according to the technical means that Makifaa deems most appropriate to provide said Services.

4. Management of Login Credentials

Except in the case of proven fault by Makifaa, the Client will be responsible for the use of their credentials by third parties or actions or statements made through their personal account and guarantees Makifaa against any claim in this regard.

The Client undertakes to use the Site personally and not to allow any third party to access it on their behalf or for their account. The Client undertakes to create only one account. The Client undertakes to maintain the confidentiality of their username and password.

Makifaa cannot be held responsible if one or more Clients fail to connect to the Site due to any technical defect or problem.

5. Use of the Site

The Client can access their Personal Space at any time after identifying themselves using their login credentials and password.

The Client is responsible for the use of the Site and the content and documents they upload, store, and view.

The Client is prohibited from any illegal act, counterfeiting, hacking, and, in general, any action violating the rights, notably intellectual property rights, of a third party, of any nature and importance.

The Client is prohibited from entering information or transmitting documents containing false or illegal information, contrary to good morals, legislation, and regulations in force.

To this end, the Client guarantees Makifaa against any third-party claims relating to the ownership and/or content of the documents, as well as any damage that Makifaa may suffer as a result.

When the Client transmits elements on behalf of and for a third party, they remain solely responsible for ensuring the legality of the use and any consequences.

The Client bears the costs of computer equipment, their internet connection subscription, and telephone communication costs.

6. Nature of Content and Conditions of Use

The Makifaa Site allows Clients to create a Client Account in accordance with Article 3.2.

After creating the Client Account, they can then purchase Content individually or subscribe to a subscription, according to the options offered on the Site.

The Client can access a wide selection of Content on the Site and choose those that meet their needs.

Makifaa offers a wide range of content created by independent creators, including images and videos. These contents are classified into two main categories, with specific uses:

6.1. Editorial Content

• Definition: Editorial content is works intended for informational or educational use. They are designed to illustrate non-commercial contexts, such as news, analysis, educational publications, or documentaries.
• Authorized use: These contents can be used in press articles, blogs, magazines, or any other informational medium.
• Restrictions: It is strictly forbidden to use editorial content for advertising, promotional, or commercial purposes (e.g., packaging, derivative products).

6.2. Commercial Content

• Definition: Commercial content is designed for projects aimed at promoting products, services, or brands. They are suitable for advertising and marketing campaigns.
• Authorized use: These contents can be integrated into advertising media, commercial brochures, promotional publications, or any other project with a commercial purpose.

User Responsibilities
The User is required to verify that the use of acquired content complies with the associated licenses. Any non-compliant use may constitute an infringement of copyright or image rights, engaging the exclusive responsibility of the User.
For any questions or to request specific authorization, the User can contact the Makifaa team at the following address: [email protected].

7. Role of Makifaa

Makifaa only provides Clients with a space for purchasing, downloading, and using Content from Creators. Makifaa cannot be held responsible for the relationships between the Client and the Creator. Creators are solely responsible for any difficulties, claims, and disputes that may arise during the sale, use, or distribution of Content.

Consequently, the Client and Creators release Makifaa from any responsibility, whether direct or indirect, related to the connection and/or conclusion of a relationship between a Client and a Creator.

8. Terms and Pricing Policy

According to the pricing policy displayed on the Site, the Content offered by Makifaa can be acquired under the following terms:

1. Individual purchase: The Client can purchase each Content individually at the price indicated on the Site in CFA francs (FCFA) at the time of the order.
2. Monthly subscription: The Client can subscribe to a monthly subscription offering access to a minimum of ten (10) Contents per month, at the applicable rate specified on the Site. Unused Content at the end of the current month is neither transferable nor refundable.
3. Custom requests: For specific needs, the Client can contact the Makifaa team directly by sending a request to the following address: [email protected]. A response will be provided after analyzing the request, specifying the feasibility conditions, cost in FCFA, and completion times.

Prices are quoted in CFA francs (FCFA) and include all applicable taxes. Makifaa reserves the right to change its prices at any time. However, the rates applied to the Client correspond to those in effect at the time of order or subscription validation.

In case of dispute or question regarding rates or access to Content, the Client is invited to contact customer service via the address mentioned above.

9. Referencing Conditions:

Makifaa references content:

• by keywords;
• by country;
• by type of content (free or paid).

10. Personal Data

Makifaa places great importance on the protection of personal data and the privacy of its users.

To this end, Makifaa acts as a data controller and undertakes to process these personal data in accordance with applicable laws and regulations, notably LAW N° 2019-014 OF OCTOBER 29, 2019, RELATING TO THE PROTECTION OF PERSONAL DATA.

Makifaa declares in particular to respect the obligations incumbent upon it in terms of personal data protection, aimed at ensuring the security and confidentiality of the data collected and processed.

As such, the User can read Makifaa’s Privacy Policy.

11. User Obligations

Without prejudice to other obligations provided for herein, the User undertakes to comply with the following obligations:

• The User undertakes, in their use of the Services, to comply with the laws and regulations in force, notably those relating to the protection of personal data, and not to infringe the rights of third parties or public order. They are notably solely responsible for the proper completion of all administrative, fiscal, and/or social formalities and all payments of contributions, taxes, or levies of any kind that may be incumbent upon them, if applicable, in connection with their use of the Services. Makifaa’s responsibility cannot be engaged in this regard.
• The User acknowledges having read on the Site the characteristics and constraints, notably technical, of all the Services. They are solely responsible for their use of the Services.
• The User is informed and accepts that the implementation of the Services requires an internet connection and that the quality of the Services depends directly on this connection, for which they are solely responsible.
• The User is also solely responsible for the relationships they may establish with other Users and the information they communicate to them within the framework of the Services. It is up to them to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes, in their exchanges with other Users, to respect the usual rules of politeness and courtesy.
• The User undertakes to make strictly personal use of the Services. They are therefore prohibited from assigning, granting, or transferring all or part of their rights or obligations under these terms to a third party, in any manner whatsoever.
• The User undertakes to provide Makifaa with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with Makifaa for the proper execution of these terms.
• The User is solely responsible for the content of any kind (editorial, graphic, audiovisual, or other, including the name and/or image possibly chosen by the User to identify themselves on the Site) that they disseminate within the framework of the Services (hereinafter referred to as “User Content”). They guarantee Makifaa that they have all the rights and authorizations necessary for the dissemination of these User Content. They undertake that said User Content is lawful, does not infringe public order, good morals, or the rights of third parties, does not violate any legislative or regulatory provision, and more generally, is not likely to engage Makifaa’s civil or criminal liability.
• The User is thus prohibited from disseminating, notably and without this list being exhaustive: pornographic, obscene, indecent, shocking, or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist content, infringing content, content harmful to the image of a third party, false, misleading content or proposing or promoting illegal, fraudulent, or misleading activities, content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.) and more generally content likely to infringe the rights of third parties or be harmful to third parties, in any manner and in any form whatsoever.
• The User acknowledges that the Services offer them an additional but not alternative solution to the means they already use elsewhere to achieve the same objective and that this solution cannot replace these other means.
• The User must take the necessary measures to back up by their own means the information from their Personal Space that they deem necessary, of which no copy will be provided to them.

12. User Guarantee

12.1 The User guarantees Makifaa against all complaints, claims, actions, and/or demands of any kind that Makifaa may suffer due to the violation by the User of any of their obligations or guarantees under these general conditions.

12.2 They undertake to indemnify Makifaa for any damage it may suffer and to pay all costs, charges, and/or judgments it may have to bear as a result.

13. Prohibited Behaviors

13.1 It is strictly forbidden to use the Services for the following purposes:

• engaging in illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
• infringing public order or violating the laws and regulations in force,
• intruding into a third party’s computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party’s computer system, violate its integrity or security,
• sending unsolicited emails and/or commercial prospecting or solicitation,
• manipulations intended to improve the referencing of a third-party site,
• assisting or inciting, in any form and in any manner, one or more of the acts and activities described above,
• and more generally any practice diverting the Services for purposes other than those for which they were designed.

13.2 It is strictly forbidden for Users to copy and/or divert for their purposes or those of third parties the concept, technologies, or any other element of the Makifaa site.

13.3 Also strictly prohibited are: (i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempts to intrude into Makifaa’s systems, (iii) any diversion of the site’s system resources, (iv) any actions likely to impose a disproportionate load on its infrastructure, (v) any breaches of security and authentication measures, (vi) any acts likely to infringe the financial, commercial, or moral rights and interests of Makifaa or the users of its site, and finally more generally (vii) any breach of these general conditions.

13.4 It is strictly forbidden to monetize, sell, or grant all or part of access to the Services or the site, as well as the information hosted and/or shared there.

14. Sanction of Breaches

In the event of a breach of any of the provisions of these general conditions or more generally, of an infringement of the laws and regulations in force by a User, Makifaa reserves the right to take any appropriate measure, including:

• suspending or terminating the User’s access to the Services, author of the breach or infringement, or having participated in it,
• deleting any content posted on the site,
• publishing on the site any information message that Makifaa deems useful,
• notifying any relevant authority,
• initiating any legal action.

15. Liability

Makifaa cannot be held responsible in the event of a dispute or damage that may occur between a User and a Creator concerning the purchase of Content. Makifaa does not assume any responsibility that falls on the concerned Creators.

Makifaa undertakes to provide the Services diligently and according to the rules of the art, it being specified that it is under an obligation of means, excluding any obligation of result, which the Users expressly acknowledge and accept.

Makifaa is not aware of the Content posted by Users within the framework of the Services, on which it does not perform any moderation, selection, verification, or control of any kind and with respect to which it only acts as a hosting provider. Consequently, Makifaa cannot be held responsible for the Content, whose authors are third parties, any possible claim must be directed primarily towards the author of the Content in question.

Makifaa declines all responsibility in the event of a possible loss of information accessible in the User’s Personal Space, the latter having to back up a copy and cannot claim any compensation in this regard.

Makifaa undertakes to regularly carry out checks to verify the operation and accessibility of the site. To this end, Makifaa reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Makifaa cannot be held responsible for temporary difficulties or impossibilities of access to the site that originate from circumstances beyond its control, force majeure, or that are due to disruptions in telecommunications networks.

Makifaa does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects, or flaws, (ii) that the Services, being standard and not offered solely for the intention of a given User based on their own personal constraints, will specifically meet their needs and expectations.

In any case, the liability that may be incurred by Makifaa under these terms is expressly limited to the proven direct damages suffered by the User.

16. Duration of Services, Unsubscription

These CGUV are applicable from their acceptance by the Client, for an indefinite period, and until the termination of their Account or the cessation of their use of the Services and/or the Site.

The Client can terminate their subscription at any time from their dashboard. Termination takes effect at the end of the current month, and the Client will retain access to their account and Content until that date.

17. Confidentiality

Makifaa undertakes not to communicate any information without the prior agreement of the User and undertakes to ensure the confidentiality of the data, information, and content posted by Users at all times.

18. Links and Third-Party Sites

Makifaa cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) to which the User will have access through the Site.

Makifaa assumes no responsibility for the content, advertisements, products, and/or services available on such third-party mobile applications, which are governed by their own terms of use.

Makifaa is also not responsible for transactions that occur between the User and any advertiser, professional, or merchant (including its potential partners) to which the User would be directed through the Site and cannot be a party to any disputes that may arise with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations, and other obligations to which these third parties are bound.

19. Miscellaneous

19.1 Force Majeure

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

In the event of the occurrence of a force majeure event, the obligations of the prevented party will be suspended, notably in the event. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) weeks, the transaction concerned may be terminated at the request of the Company or the User without compensation on either side. The User’s failure to pay cannot be justified by a force majeure event.

19.2 Retention of Title – Intellectual Property

The systems, software, structures, infrastructures, databases, and content of any kind (texts, Content, visuals, music, logos, brands, databases, etc.) operated by Makifaa within the Site are protected by all intellectual property rights or database producer rights in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies, and more generally, all acts of reproduction, representation, dissemination, and use of any of these elements, in whole or in part, without Makifaa’s authorization are strictly prohibited and may be subject to legal proceedings.

19.3 Partial Invalidity

If one or more stipulations of these CGUV are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other stipulations will retain all their force and scope.

19.4 Non-Waiver

No tolerance, inaction, or inertia of the Company can be interpreted as a waiver of its rights under the CGUV.

19.5 Applicable Law – Mediation – Competent Jurisdiction

The CGUV are governed by the provisions of Togolese law.

When a dispute arises, the User can send a written request to the Company to find a prior amicable solution.

In the absence of an amicable resolution, a request to a mediator can be sent within one month by the most diligent party from the date of the amicable claim made to the Company for the extrajudicial resolution of the dispute.

In the absence of an amicable agreement, any dispute relating to the interpretation of the CGUV, the execution or termination of a sale, the interpretation, execution, or termination of these terms will be submitted to the legally competent courts.