Legal Notice & Policies

Legal Notice (Mentions Légales)

In accordance with Article 6 of French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy (Loi pour la Confiance dans l'Économie Numérique — LCEN), the following information is provided to all visitors of this website.

Website Publisher

Publication Director

The publication director (directeur de la publication) is Eliza Ruschin, Managing Director of Incognita Creations.

VAT

Incognita Creations is a French company subject to French VAT regulations. Intra-community VAT number: [to be added once registered]. For digital services sold to EU consumers, VAT is applied at the rate applicable in the buyer's country of residence in accordance with EU VAT rules (OSS regime). Buyers outside the EU are solely responsible for any applicable local taxes, import duties, or customs fees.

Hosting Provider

This website is hosted by GoHighLevel Inc. (LeadConnector), 400 North Saint Paul Street, Dallas, TX 75201, USA — gohighlevel.com.

Mediation — EU Online Dispute Resolution

In accordance with EU Regulation no. 524/2013, Incognita Creations informs EU consumers of the existence of the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr. Our contact email for ODR purposes: [email protected].

Mediation — French Consumer Mediator

In accordance with Articles L.611-1 and following of the French Consumer Code (Code de la consommation), French consumers may resort to a qualified consumer mediator free of charge in the event of an unresolved dispute. Incognita Creations will communicate the relevant mediator's details upon written request to [email protected].

Terms of Use (Conditions Générales d'Utilisation)

These Terms of Use govern access to and use of the website learn.klex.art (the "Platform"), operated by Incognita Creations. By accessing the Platform, you agree to these terms in full. These terms apply independently of any purchase.

1. Access to the Platform

Access to the Platform is free and open to any person with an internet connection. Incognita Creations reserves the right to restrict, suspend, or permanently close access to the Platform at any time, without prior notice, in particular for maintenance, security, or business reasons.

2. Account Creation

Certain areas of the Platform require the creation of a personal account. By creating an account, you agree to:

• Provide accurate, complete, and up-to-date information
• Keep your login credentials confidential and not share them with any third party
• Notify us immediately at [email protected] of any unauthorised use of your account
• Be solely responsible for all activity that occurs under your account

Accounts are strictly personal and non-transferable. Each account may only be used by the individual who created it.

3. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform in any way that violates applicable French, EU, or local laws or regulations
• Attempt to gain unauthorised access to any part of the Platform, its servers, or any associated systems
• Transmit any unsolicited commercial communications (spam)
• Upload or transmit viruses, malware, or any other harmful code
• Scrape, harvest, or systematically collect content or data from the Platform without written authorisation
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Post or share content that is defamatory, discriminatory, hateful, or infringing of third-party rights

4. Community Space (Crea-Com)

Access to the Crea-Com community is granted as part of certain purchases or bundles. Within this space, you agree to engage respectfully with other members and with Klex Academy content. Incognita Creations reserves the right to moderate, remove content, or suspend access to the community for any user who violates these rules, without refund.

5. Account Suspension & Termination

Incognita Creations may suspend or terminate your account at any time if you violate these Terms of Use or the Terms of Sale. In the event of termination for cause, no refund will be issued for purchases already made. You may also close your account at any time by contacting [email protected].

6. Availability & Technical Issues

Incognita Creations makes reasonable efforts to ensure the Platform is available at all times but does not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, technical issues, or events beyond our reasonable control. We accept no liability for any loss or inconvenience caused by temporary unavailability.

7. Links to Third-Party Websites

The Platform may contain links to third-party websites. These are provided for convenience only. Incognita Creations has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from their use.

8. Modification of Terms

Incognita Creations may update these Terms of Use at any time. Changes will be published on this page with an updated date. Continued use of the Platform following publication of changes constitutes acceptance of the revised terms.

9. Governing Law

These Terms of Use are governed by French law. Disputes that cannot be resolved amicably shall be subject to the jurisdiction of the competent courts of Toulouse, France, or, for EU consumers, the courts of the consumer's country of habitual residence.

General Terms of Sale (Conditions Générales de Vente)

These General Terms of Sale ("CGV") govern all purchases made on learn.klex.art. In accordance with French law (Article L.441-1 of the Code de commerce), these CGV apply to all sales between Incognita Creations and any buyer (consumer or professional). By completing a purchase, you accept these terms unconditionally.

1. Products Sold

Klex Academy sells exclusively digital products: online courses, downloadable guides and worksheets, toolkits, and access to community spaces (collectively "Digital Products"). No physical goods are sold through this Platform. All Digital Products are delivered digitally upon confirmed payment.

2. Pre-contractual Information

In accordance with Article L.221-5 of the French Consumer Code, Incognita Creations provides the following pre-contractual information before any purchase:

• The essential characteristics of each Digital Product are described on the relevant product page
• Prices are displayed inclusive of applicable taxes
• Delivery is immediate and digital — no shipping costs apply
• The right of withdrawal is explained in Section 9 and in the Refund & Withdrawal Policy
• The seller's identity and contact details are provided in the Legal Notice above

3. Prices & Currency

All prices are displayed in US Dollars (USD). For EU residents, applicable VAT is calculated and applied at checkout according to the destination country rate, in accordance with EU VAT regulations. Incognita Creations reserves the right to modify prices at any time; the price applicable to an order is that displayed at the time the order is placed.

4. Order Process & Formation of Contract

An order is placed when you: (1) select a product, (2) complete the checkout form, (3) confirm payment. The order is confirmed by an email sent to the address provided at checkout. This confirmation constitutes acceptance of the order and the formation of a binding contract of sale between you and Incognita Creations.

Incognita Creations reserves the right to refuse or cancel any order in the event of fraud, payment failure, or an error in the product listing (e.g. incorrect price). In such cases, any payment taken will be refunded in full.

5. Payment

Payments are processed by secure third-party payment processors integrated into the Platform (including Stripe or equivalent). Incognita Creations does not store payment card details. By providing payment information, you authorise the charge for the amount displayed at checkout. In the event of a failed payment, access to the Digital Product will not be granted until payment is confirmed.

Subscriptions: Subscription products are billed automatically on a recurring basis (monthly). You may cancel at any time via your account dashboard. Cancellation is effective at the end of the current billing period; access continues until that date.

6. Delivery of Digital Products

Upon confirmed payment, access to purchased Digital Products is granted immediately via your account on the Platform. A confirmation and access email is also sent to the registered email address. Incognita Creations cannot be held responsible for delivery failures caused by an incorrect email address provided by the buyer.

7. Lifetime Access

"Lifetime access" means access for as long as the Platform remains operational and the specific product remains available. In the event a product is discontinued, Incognita Creations will provide at least 30 days' advance notice and will offer a reasonable remedy, such as a downloadable archive of course materials where technically feasible.

8. Conformity & Warranties

In accordance with Articles L.224-25-12 and following of the French Consumer Code (transposing EU Directive 2019/770 on digital content contracts), Incognita Creations warrants that the Digital Products are in conformity with the description provided at the time of purchase. If you consider a product to be non-conforming, contact us at [email protected] within a reasonable time to seek a remedy.

9. Right of Withdrawal

Please refer to the Refund & Withdrawal Policy section below for full details. In summary: EU consumers have a statutory 14-day right of withdrawal, which is waived upon express consent given at the moment of purchase for immediately delivered digital content, in accordance with Article L.221-28 12° of the French Consumer Code.

10. Liability Limitation

Incognita Creations' liability for any claim arising from a purchase is limited to the amount paid for the product in question. Incognita Creations is not liable for indirect damages including loss of profit, loss of data, or consequential losses, to the extent permitted by applicable law. This limitation does not apply to personal injury, fraud, or any other matter that cannot be excluded by law.

11. Force Majeure

Incognita Creations shall not be liable for any failure to perform obligations resulting from events beyond its reasonable control, including but not limited to: natural disasters, internet outages, cyberattacks, or actions of third-party service providers.

12. Applicable Law & Jurisdiction

These Terms of Sale are governed by French law. For EU consumers, the mandatory consumer protection provisions of the buyer's country of habitual residence also apply and cannot be excluded. Any dispute not resolved amicably shall be brought before the competent courts of Toulouse, France, or, for EU consumers, the courts of the consumer's country of habitual residence.

Privacy Policy

Incognita Creations is committed to protecting your personal data in compliance with the EU General Data Protection Regulation (GDPR — Regulation 2016/679) and the French Data Protection Act (Loi Informatique et Libertés no. 78-17, as amended). This policy applies to all personal data collected via learn.klex.art.

Data Controller

Data We Collect & Why

Data Retention

• Account & purchase data: retained for the duration of your account plus 10 years for accounting and tax compliance obligations under French law (Code de commerce Art. L.123-22)
• Marketing data: until you unsubscribe or withdraw consent
• Technical/usage data: maximum 13 months (CNIL recommendation)
• Support communications: 3 years from last contact

Third-Party Processors & International Transfers

We share your data only as necessary to provide our services, with the following trusted processors:

We do not sell your personal data to third parties. All transfers outside the EEA are made under appropriate safeguards as required by Chapter V of the GDPR.

Your Rights Under GDPR

You have the following rights regarding your personal data:

• Right of access (Art. 15) — obtain a copy of your data
• Right to rectification (Art. 16) — correct inaccurate or incomplete data
• Right to erasure (Art. 17) — request deletion of your data ("right to be forgotten")
• Right to restriction of processing (Art. 18)
• Right to data portability (Art. 20) — receive your data in a structured, machine-readable format
• Right to object (Art. 21) — object to processing based on legitimate interests or for direct marketing
• Right to withdraw consent — at any time for consent-based processing, without affecting prior lawful processing

To exercise any of these rights, contact us at [email protected]. We will respond within 30 days. If you are not satisfied with our response, you have the right to lodge a complaint with the French data protection authority:

EU residents may also lodge a complaint with the supervisory authority of their country of habitual residence.

Automated Decision-Making & Profiling

Incognita Creations does not carry out automated decision-making or profiling that produces legal or similarly significant effects on individuals, within the meaning of Article 22 GDPR.

Minors

This Platform is not directed at persons under 16 years of age. We do not knowingly collect personal data from minors. If you believe a minor has provided us with personal data without appropriate consent, please contact us at [email protected] and we will delete it promptly.

Updates to This Policy

This Privacy Policy may be updated from time to time. The date of the most recent revision appears at the top of this page. Continued use of the Platform following publication of changes constitutes acceptance of the revised policy.

Refund & Withdrawal Policy

EU Statutory Right of Withdrawal

Under EU Directive 2011/83/EU on consumer rights (implemented in France as Articles L.221-18 and following of the Code de la consommation), consumers resident in the European Union have a right to withdraw from a distance contract within 14 calendar days of conclusion, without giving reasons and without penalty.

However, under Article L.221-28 12° of the French Consumer Code (and the equivalent provision of the Directive), the right of withdrawal ceases to apply to digital content not supplied on a tangible medium once performance has begun, provided that:

• the consumer gave prior express consent to immediate delivery before the end of the withdrawal period, and
• the consumer acknowledged that the right of withdrawal would thereby be lost.

By clicking the purchase button on this Platform, you expressly give both consents above and acknowledge the consequent loss of your right of withdrawal from the moment access to the Digital Product is granted.

Voluntary 14-Day Satisfaction Guarantee

While not legally required following the above waiver, Incognita Creations voluntarily offers a 14-day satisfaction policy for first-time purchases of any individual course or bundle. If you are not satisfied for any reason, contact us at [email protected] within 14 days of your purchase date and we will issue a full refund, no questions asked.

Conditions & Exclusions

• The satisfaction guarantee applies to first-time individual course or bundle purchases only
• Subscriptions (monthly products) may be cancelled at any time; the current billing period is non-refundable
• Refunds are processed to the original payment method within 5–10 business days
• Repeated or abusive use of the refund policy (including purchasing, downloading all materials, and requesting a refund more than once) may result in account suspension and denial of future refund requests
• Purchases made with promotional codes or as part of a special offer are eligible for refund at the price actually paid

How to Request a Refund

Email [email protected] with the subject "Refund Request", including your full name, the email address used at checkout, and your order details. We will confirm receipt within 2 business days and process your request promptly.

Non-EU Customers

Customers outside the EU do not have a statutory right of withdrawal under French law, but are equally welcome to make use of the 14-day satisfaction guarantee described above.

Defective or Non-Conforming Digital Content

If a Digital Product is defective (e.g. broken links, videos that do not load) or does not conform to its description, please contact us regardless of any time limits. We will resolve the issue by repair, replacement, or refund as appropriate under applicable French and EU consumer protection law.

Intellectual Property

Ownership

All content on this Platform — including but not limited to course videos, audio recordings, written materials, worksheets, toolkits, illustrations, graphic design, brand identity, and website code — is the exclusive intellectual property of Incognita Creations and/or Ziza Klex (Eliza Ruschin). This content is protected by French and international copyright law (Code de la propriété intellectuelle) and may not be reproduced, distributed, or exploited without prior written authorisation.

Personal Use Licence

Upon confirmed purchase, you receive a personal, non-exclusive, non-transferable, revocable licence to access and use the purchased Digital Products for your own personal, non-commercial creative practice. This licence expressly excludes:

• Sharing, reselling, sublicensing, or redistributing any course content in any form or by any means
• Uploading, streaming, or posting course materials (or substantial extracts thereof) on any platform, social media, or website
• Using course content — in whole or in part — for commercial teaching, paid workshops, training programmes, or derivative products
• Removing, obscuring, or altering any copyright notice, branding, or attribution within the content
• Sharing account credentials to allow any third party to access your purchased content

Permitted Uses

You are encouraged to share artwork and creative works you personally produce using the methods taught in these courses, and to credit Klex Academy if you choose to do so. Short promotional clips of up to 60 seconds showing course interface (not substantial course content) shared on social media with clear attribution to Klex Academy are permitted.

Brand & Trademarks

The names "Klex Academy", "Klex Art", "Ziza Klex", and "Incognita Creations", as well as all associated logos, are the property of Incognita Creations. You may not use them in any way that suggests endorsement, affiliation, or official partnership without prior written consent.

Reporting Infringement

If you believe your intellectual property has been infringed on this Platform, please send a detailed written notice to [email protected]. Incognita Creations will investigate and take appropriate action in accordance with applicable law.

Cookie Policy

This Platform uses cookies and similar tracking technologies in accordance with the EU ePrivacy Directive (2002/58/EC as amended) and CNIL guidelines. This policy explains what cookies are, which ones we use, and how you can control them.

What Are Cookies?

Cookies are small text files placed on your device by a website when you visit it. They help websites function correctly, remember your preferences, and provide analytical and marketing insights to site operators.

Cookies We Use

Third-Party Cookies

Third-party services integrated into this Platform (including GoHighLevel, Google Analytics, and Facebook/Meta Pixel) may set their own cookies governed by their respective privacy policies. You may opt out of Google Analytics measurement at tools.google.com/dlpage/gaoptout. You may manage Facebook/Meta advertising preferences at facebook.com/settings.

Your Cookie Choices

When you first visit this Platform, a cookie banner will allow you to accept, refuse, or customise non-essential cookies. You may change your preferences at any time by:

• Clicking the cookie preferences link in the footer of this page
• Adjusting your browser settings to block or delete cookies — please note this may affect Platform functionality

In accordance with CNIL requirements, your consent or refusal is recorded and valid for a maximum of 13 months, after which your preferences will be requested again.

Disclaimer

Educational Nature of Content

All courses, guides, and materials offered through Klex Academy are provided for educational and creative development purposes only. Results will vary depending on the individual learner's effort, background, and circumstances. Incognita Creations makes no guarantee of specific artistic outcomes, commercial results, or skill levels achieved through use of its courses.

Accuracy of Information

Incognita Creations makes reasonable efforts to ensure that all content on the Platform is accurate and up to date. However, we do not warrant that any information is complete, current, or free from error. Content is provided "as is" and may be updated or removed at any time without notice.

AI Use Disclosure

All course content, artworks, and educational materials at Klex Academy are created by Ziza Klex (Eliza Ruschin). AI tools may be used selectively for research support or translation assistance; however, the creative direction, artistic content, and pedagogical approach are entirely human-made.

External Links

Links to third-party websites are provided for convenience. Incognita Creations does not endorse, control, or take responsibility for the content, privacy practices, or availability of any linked external sites.

Technical Availability

While every effort is made to maintain uninterrupted access to the Platform, Incognita Creations cannot guarantee availability at all times and accepts no liability for loss or damage resulting from temporary unavailability of the Platform or its content.