OASES Terms of Use

Definitions & scope

Subscription: where applicable, the various paid plans offered by OASES allowing the User to access advanced features of the Application and the Website. Those features may include, in particular, access to collaborative options as well as extended storage capacity. Where applicable, the subscription is entered into for a monthly term, automatically renewable, and may be cancelled at any time by the User from their Account.

Application: the OASES mobile application published by the Company, available on iOS (App Store) and Android (Google Play).

Order: the purchase of the Subscription made by the User and offered by the Company.

Account: the customer account created by the User with OASES through the Application or the Website.

Price: the price including all taxes offered by the Company for the relevant Subscription.

Customer Service: the support service available by email at contact@oases.so. This service allows the User in particular to obtain information about an Order placed or to report inappropriate behaviour by another User.

Website: the official OASES website, available at www.oases.so, through which Users can access all the features of the Application, in particular account creation and management, browsing and sharing content, social interactions, and the related online services.

Company: ZEYO, a French simplified joint-stock company with a sole shareholder (SASU), registered with the Paris Trade and Companies Register under number 830 635 512, whose registered office is at Esc B 3ème étage, 2 Cité Noël, 22 rue Rambuteau, 75003 Paris, publisher of the OASES Application and Website.

User: any natural or legal person who has created an account on the OASES application or the Website, allowing them to interact with other users, to create and share folders (« OASES ») and subfolders (« Sub-OASES »), and to publish content in them.

1. Identification of the Company

The Application and the Website are published by ZEYO (hereinafter « the Company »).

Its email address is contact@oases.so and its intra-Community VAT identification number is FR22830635512.

The Company's Customer Service can be reached by email at contact@oases.so.

The Company owns and publishes the Application, available on iOS and Android, and the Website.

The Application and the Website allow Users to store, organise and share various types of digital content such as data, files, photos, videos, music, links and posts. They also allow Users to interact with one another through social features such as comments, likes or following folders. Each User can create personalised folders called OASES, structure them using Sub-OASES, and choose to make them public, private or collaborative, inviting other Users to contribute actively.

Before using the Application or the Website, the User must make sure they have the technical and computing means to do so. The User must also make sure that the configuration of their hardware or equipment is in good working order and free of viruses.

2. General provisions relating to the Terms of Use

2.1 Purpose of the Terms

The purpose of these Terms is to define how the OASES application and the Website may be used, and the rights and obligations of users.

The Terms apply exclusively to the use of the Application and the Website. They are drafted in French and, in the event of any doubt as to the interpretation of a translation, only the original French version is authoritative.

2.2 Availability and enforceability of the Terms

The Terms are made available to Users on the Application and the Website.

The User acknowledges having accepted the Terms in their entirety and without reservation by ticking the box provided for that purpose when creating their Account.

Creating an Account constitutes the User's acceptance of the Terms in force on the day the Account is created. The Terms are retained and reproduced by the Company in accordance with Article 1127-1 of the French Civil Code.

2.3 Amendments to the Terms

The Company reserves the right to amend the Terms, in particular to take account of legal, regulatory, technical or functional changes. Any significant amendment, in particular to the rules on content, its moderation or the rights granted over it, is brought to Users' attention by any appropriate means (notification in the Application, email or message on the Website) at least fifteen (15) days before it takes effect. A User who refuses the new Terms may delete their Account under the conditions of Section 16.1; continuing to use the Service after the amendment takes effect constitutes acceptance.

Where the Terms are amended, the applicable Terms are those in force on the day the User browses the Application or the Website, once accepted by the User. A copy may be sent to them on request by the Company.

2.4 Severability

The possible nullity of one of the clauses of the Terms does not render the Terms as a whole void; only the clause deemed unwritten loses its effect.

The temporary or definitive non-application by the Company of one or more provisions of the Terms shall not constitute a waiver of the other clauses, which continue to produce their effects, where applicable to its benefit.

3. User Account - Creating an Account

To access the features of the Application or the Website, the User must create an Account by clicking the button provided for that purpose. They will have to provide a username and their phone number.

Once the phone number has been provided, OASES sends the User a verification code by SMS. The Account can only be created and validated after that code has been entered correctly in the Application or on the Website. Without validation through that code, registration cannot be completed.

Registration is completed only after acceptance of the Terms of Use through a tick box and confirmation of the link received by email.

Login credentials are strictly personal and confidential. Any use of the Account is deemed to have been made by the User.

The User declares that they are of the age required to use the Application and the Website, namely at least 15 years old. Access to the Service by a minor is subject to the authorisation of their legal representatives. The Company cannot be held liable if a User or their legal representatives breach this obligation.

4. Subscription

Access to the basic features of the Application and the Website is free, subject to the creation of an Account. The Company reserves the right to offer paid Subscriptions giving access to advanced features (for example: increased storage capacity, extended collaborative features, etc.). Where applicable, the conditions and price of Subscriptions will be communicated to the User within the Application or the Website before any subscription. The User may cancel the Subscription at any time, the cancellation taking effect at the end of the committed period.

Free trial period. The Subscription may be offered with a free trial period of seven (7) days from the date it is taken out. During that period, the User enjoys full access to the paid features of the Application at no cost. At the end of the trial period, and unless cancelled by the User before it ends, the Subscription automatically continues and becomes payable at the rate in force, for a monthly or annual term depending on the plan chosen, automatically renewable under the conditions set out in this section. The User may cancel at any time before the end of the trial period in order not to be charged. The free trial period is limited to one per User; it is not renewable and cannot be combined with any other offer.

5. Price

Where applicable, the Price of the Subscription is expressed in euros, including all taxes.

The Company reserves the right to change the Price of Subscriptions at any time, upwards or downwards.

Where the subscription price changes, the user will be informed with at least 30 days' notice. If the user continues their subscription after that period, they expressly accept the new rate applied.

The Company pays the greatest attention to the accuracy of the Prices shown on the Application and the Website. However, in the event of an error, the Company reserves the right not to provide the OASES Subscription whose Price is manifestly incorrect, without the User being able to claim any loss or seek damages.

6. Taking out a Subscription

6.1 How to subscribe

Where a Subscription is available, the User may take it out from their Account by selecting the offer of their choice, then proceeding to payment. Access to the advanced features associated with the Subscription is activated once payment has been validated.

Subscription takes place in accordance with the double-click process: validation of the Order, then confirmation of the summary and of the payment.

A confirmation email is sent to the User at the end of the process.

6.2 Order validation

The Company reserves the right to refuse any Order in the event of:

• An existing dispute with the User;
• Total or partial non-payment of a previous Order by the User;
• Refusal of card payment authorisation by the payment institutions;
• An Order placed in bad faith;
• A false declaration by the User.

In the event of refusal, the User is informed by email and fully refunded within a reasonable time, and in any event within less than 30 (thirty) days.

7. Payment terms

Payment for the subscription may be made through the Application's distribution platform (App Store or Google Play) or by bank card. The user accepts that payments will be taken automatically each month, unless their subscription is cancelled.

Payment takes place on the date a Subscription is taken out.

8. Right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to digital content not supplied on a tangible medium and whose performance has begun with the user's agreement.

9. Use of the Services and collaborative features

The Application and the Website provide Users with an interactive digital space allowing them to store, organise and share various content (photos, videos, files, links, posts, etc.) within folders called OASES and Sub-OASES. These OASES may be set as private, public or collaborative, at the choice of the User who created them.

Within collaborative OASES, the User may invite other Users to contribute. Once the invitation has been accepted, contributors may add, modify or delete content, within the settings defined by the creator of the folder.

The Application and the Website also allow Users to comment on, like and follow other members' OASES, thereby encouraging exchange and networking.

Each User is free to publish the content of their choice, in compliance with applicable laws, public order, public decency and the rights of third parties. It is strictly prohibited to distribute any content that is hateful, defamatory, violent, racist, discriminatory, sexually explicit or contrary to the community rules.

The Company reserves a right of moderation over all published content and may remove, make inaccessible or restrict the visibility of any content that is unlawful or contrary to these Terms. Moderation measures are taken diligently, objectively and proportionately, after human review, respecting the rights and legitimate interests of all parties, including Users' freedom of expression, and give rise to the information provided for in Section 11 bis.4.

Users may report to the Company any unlawful, abusive or inappropriate content or behaviour through the reporting tools provided for that purpose on the Application and the Website.

Finally, each User publishes their content under their sole responsibility. It is for them to act with caution, in particular when sharing personal information or entering into collaboration with other Users.

Accordingly, the Company does not carry out any systematic prior review of the content posted and assumes no liability for the content published, shared or transmitted by Users, who act entirely autonomously. The Company cannot be held liable for unlawful, harmful or inaccurate content, or content contrary to these Terms, except to the extent that, having actual knowledge of its unlawful nature within the meaning of Article 6 of Regulation (EU) 2022/2065 of 19 October 2022 on a single market for digital services (« DSA »), it failed to act expeditiously to remove it or disable access to it. The User indemnifies the Company against any claim, action or judgment relating to content they have published or shared.

The User acknowledges that the deletion of content, whether by themselves or by the Company, is final and that no backup or restoration may be required. The Company cannot be held liable for the loss of content, data or information associated with the Account.

10. Liability and obligations

10.1 Users' obligations

The User undertakes to use OASES in a respectful, personal manner and in line with its purpose: creating, sharing and collaborating around content in a secure setting.

In particular, they undertake to:

• Comply with these Terms, with applicable laws, and to respect other Users and the rules of courtesy in their interactions (comments, posts, collaborations).
• Not publish violent, hateful or discriminatory content, or content infringing the rights of others.
• Not impersonate a third party, disclose their credentials, or impair the security or proper functioning of the Application or the Website.
• Not misuse the Application or the Website for commercial or malicious purposes, nor attempt to extract, copy or resell their features or content.
• Not access the Application, the Website or the content they host by automated means (robots, scripts, scrapers, undocumented interfaces), nor collect or reproduce Users' content or data on a large scale, without the Company's prior written authorisation.
• Respect the confidentiality of the private exchanges and content to which they have access.

In the event of a breach, the Company reserves the right to suspend or delete the User's access, without refund of any Subscription, and to take any appropriate action.

The User expressly acknowledges that they are solely responsible for the content they publish, share or transmit through the Application or the Website, and that they may in no event seek to hold the Company liable for any damage resulting from content distributed by other Users, including in the event of abusive, insulting, defamatory, violent, harassing or otherwise unlawful statements.

10.2 The User's liability

The User is solely responsible for the content they publish or share on the Application and the Website, including within collaborative OASES. They warrant that it complies with the law, the rights of third parties and these Terms.

The Company does not carry out any systematic review of the content distributed and cannot be held liable for Users' actions or publications.

In the event of a dispute or action brought against the Company as a result of a User's breach, that User undertakes to indemnify the Company for any loss suffered.

Users are invited to report any abuse or unlawful content.

The Company acts as a hosting service provider within the meaning of Article 3(g)(iii) of Regulation (EU) 2022/2065 (« DSA ») and of Article 6(I) of French Act no. 2004-575 of 21 June 2004 on confidence in the digital economy, as amended. In accordance with Article 6 of the DSA, it may only be held liable for content stored at the request of Users if, having actual knowledge of its unlawful nature, in particular through a notice complying with Section 11 bis hereof, it failed to act expeditiously to remove it or disable access to it. In accordance with Article 8 of the DSA, the Company is under no general obligation to monitor the content it stores or actively to seek facts or circumstances indicating illegal activity. The same rule applies, for rights holders established in the United States, under Section 512 of Title 17 of the United States Code (Digital Millennium Copyright Act), under the conditions described in the Intellectual Property Policy available on the Website.

Consequently, the Company cannot be held liable in any way for direct or indirect damage resulting from content published, exchanged or viewed through the Application or the Website, nor for interactions between Users, including in cases of harassment, impersonation, defamation, fraud or malicious use.

11. Harassment and abusive behaviour

It is strictly prohibited for any User to engage, directly or indirectly, in acts of harassment, intimidation, threats, repeated pressure, or any abusive behaviour or behaviour undermining the dignity of others, whether through comments, messages, posts, social interactions or within collaborative OASES.

The Company cannot be held liable for acts of harassment or any abusive behaviour committed by one or more Users, who act under their sole responsibility. As a hosting service provider within the meaning of Regulation (EU) 2022/2065, the Company is only required to act from the moment it has actual knowledge of unlawful content, in particular through a notice complying with Section 11 bis hereof.

Any User who is the victim of, or witness to, harassing behaviour may submit a report through the tools provided for that purpose in the Application or the Website. Upon receipt of a report, the Company may carry out the necessary checks and, if the facts appear well-founded, promptly remove the content concerned, limit certain features, temporarily suspend the Account of the User in question or permanently delete that Account.

In the event of established harassment, the Company reserves the right to pass on any useful information to the competent authorities, in accordance with applicable law.

The User indemnifies the Company against any claim, action or damage resulting from an act of harassment or any abusive behaviour they may have committed through the Application or the Website.

Zero tolerance and handling of reports. The Company applies a zero-tolerance policy towards objectionable content and abusive behaviour. Within the Application, the User has tools allowing them to report any objectionable content and to block any other User. All reported content is reviewed by the Company and, where it is found to be contrary to these terms, is removed as soon as possible. The Company reserves the right to suspend or delete, immediately and without notice, the Account of any User responsible for objectionable content or abusive behaviour.

11 bis. Reporting illegal content and intellectual property infringements

11 bis.1 Contact point. In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (« DSA »), the Company designates a single contact point, reachable electronically by Member State authorities, the European Commission, the European Board for Digital Services and Users, at: legal@oases.so. Communications may be sent in French or in English. This contact point also receives notices of intellectual property infringement (copyright, related rights, trademarks, image rights), whether the content concerned was published directly by a User or imported from a third-party service under the conditions of Section 13.4.

11 bis.2 Content of the notice. Any person or entity may notify the Company of the presence of content they consider unlawful, through the reporting form available in the Application and on the Website or by email to the address above. To be handled diligently, the notice must contain, in accordance with Article 16 of the DSA: (a) a sufficiently substantiated explanation of the reasons why the content is considered unlawful; (b) the precise electronic location of the content (URL of the element, OASIS or profile concerned); (c) the name and email address of the notifier, except where the notice concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU; (d) a statement confirming that the notifier believes in good faith that the information and allegations contained in the notice are accurate and complete. Where the notice concerns an intellectual property infringement, it must also identify the work or protected subject matter, substantiate the notifier's capacity (rights holder or person authorised to act on their behalf) and, where applicable, the URL of the original source.

11 bis.3 Handling. The Company acknowledges receipt of any notice containing the notifier's contact details without undue delay, handles it in a timely, diligent, non-arbitrary and objective manner, and informs the notifier of its decision and of the available redress. Decisions are taken after human review; the Company does not use automated tools to decide whether to remove content. Where a notice allows the Company to establish the unlawful nature of content without detailed legal examination, it promptly removes it or blocks access to it. The Company endeavours to handle notices relating to copyright infringement within two (2) business days of receiving a complete notice.

11 bis.4 Informing the User concerned and challenging the decision. In accordance with Article 17 of the DSA, where the Company removes content, restricts its visibility, or suspends or terminates an Account on the grounds that the content is unlawful or contrary to these Terms, it informs the User concerned by way of a clear and specific statement of reasons indicating: the type of measure taken, its scope and duration; the facts and circumstances on which it is based, including, where applicable, the existence of a notice; the legal or contractual basis for the decision; and the available redress. The User may challenge the decision by writing to legal@oases.so within six (6) months; the Company reviews its decision within a reasonable time and informs the User of the outcome. For content removed on the basis of United States law, the User may submit a counter-notification under the conditions of Section 512(g) of Title 17 of the United States Code, described in the Intellectual Property Policy; the content is then restored between ten (10) and fourteen (14) business days after receipt of the counter-notification, unless the notifier informs the Company that they have brought legal action.

11 bis.5 Repeat infringer policy. The Company applies a policy of suspending and then terminating the Accounts of Users who repeatedly infringe third parties' intellectual property rights or repeatedly publish unlawful content. Save for a serious breach justifying an immediate measure, an Account that is the subject of three (3) valid notices over a period of twelve (12) months is suspended, then terminated upon any further valid notice. Technical copies and thumbnails associated with removed content are deleted. The Company keeps a log of the notices received and of the action taken.

11 bis.6 Abusive notices. The Company may refuse to handle, or handle with lower priority, manifestly unfounded or repeated notices from the same person, after having warned them. The notifier is responsible for the accuracy of the information they provide.

11 bis.7 Rights holders established in the United States. The Company has designated an agent to receive notifications of claimed copyright infringement in accordance with Section 512(c) of Title 17 of the United States Code (Digital Millennium Copyright Act), whose details are registered with the United States Copyright Office and published in the Intellectual Property Policy available on the Website.

12. Complaints and information

For any information, complaint or question relating to the conditions of use of the Application, the Website or the OASES Subscription, the User may contact Customer Service at the following address:

ZEYO
Esc B 3ème étage, 2 Cité Noël, 22 rue Rambuteau, 75003 Paris
Email: contact@oases.so

For reports of illegal content, notices of intellectual property infringement and communications from authorities under Regulation (EU) 2022/2065: legal@oases.so (see Section 11 bis).

13. Intellectual property

13.1 OASES rights

The OASES trademark in all its forms, together with all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images and logos appearing on the Application and the Website, whether registered or not, are and shall remain the exclusive property of the Company.

Any total or partial reproduction, modification or use of those trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, is strictly prohibited.

In addition, the Application, the Website and each of the elements they comprise, in particular in the form of text, photographs, images, icons, sounds, videos, software, databases or data, are protected by intellectual property law. The Company holds all intellectual property rights relating to the Application and the Website or their elements.

Any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the Application, the Website or their elements, including documents available for download on the Application and the Website, on any medium and in any manner whatsoever, without the prior written authorisation of the Company, is prohibited and may constitute acts of infringement within the meaning of the provisions of the French Intellectual Property Code.

Non-substantial reproduction or representation of the Application and the Website or their elements, including documents available for download on the Application and the Website, is permitted for strictly private and non-commercial purposes.

Authorised reproduction of the Application, the Website or their elements must clearly indicate the source and the name of the author of the content reproduced.

13.2 Content published or relayed by Users

When using the Application and the Website, Users may publish or relay content, including existing content such as musical, visual or video works, or other resources available on the Internet, in particular through links.

The User acknowledges that merely relaying protected content (by link, embedding, screenshot, etc.) may require the authorisation of the rights holder, in particular where that content is reused outside its original context or in a public setting.

The User remains solely responsible for the content they publish or relay on the Application or the Website, whether or not they are its author or rights holder. They undertake to:

• check that they hold the necessary rights or adequate authorisations for any content relayed or shared;
• not infringe the intellectual property rights of third parties (including copyright, related rights, trademarks, image rights, etc.);
• comply with the terms of use of the third-party platforms the content comes from (in particular the Terms of Use of Instagram and Meta, YouTube, TikTok, Pinterest and Spotify), which may prohibit or restrict the reuse of content published there;
• be in a position to grant the Company the licence provided for in Section 13.3 for any content published, imported or relayed, and to indemnify the Company against any third-party claim in that respect;
• import only publicly accessible content, without circumventing technical protection measures or restricted access (private account, paid content, subscriber-only content).

It is recalled that merely sharing a hyperlink to content freely available online does not, in principle, constitute a reproduction of that content. By contrast, where the User uses the import feature described in Section 13.4, a technical copy of the content is made and stored on the Company's servers on behalf of the User; the User must then make sure that such use is authorised, in particular by restricting access to the imported content to their private or collaborative OASES where they do not hold the rights allowing it to be made available to the public.

The Company carries out no prior review of the content shared and may in no event be held liable for any damage, claim, action or judgment resulting from content published or relayed by Users, including in the event of infringement of intellectual property or image rights. The Company assumes no general obligation to monitor the content posted or to seek out unlawful content.

Consequently, the User indemnifies the Company against any claim, legal action, judgment, costs or damages arising from the publication or sharing of content, whether or not they are its author, and from any abusive or disputed use of the Application or the Website.

13.3 Licence granted to the Company over User Content

The User retains all the intellectual property rights they hold over the content they publish, import or relay on the Application and the Website (the « User Content »). The Company claims no ownership right over User Content.

In order to allow the Company to provide the Service, the User grants it, on a non-exclusive and free-of-charge basis, worldwide and for the duration during which the User Content is kept on the Service by the User, at the latest until the deletion of the User Content or of the Account under the conditions of Section 13.5, a licence covering the following rights, each expressly referred to:

• reproduction right: storage, hosting, backup, caching and making of technical copies of the User Content on the servers of the Company or of its hosting processors, in any format;
• technical adaptation right: transcoding, compression, resizing, generation of thumbnails and previews, extraction of still images and metadata, format conversion, excluding any modification of the substance of the User Content;
• right of representation: display and making available of the User Content, within the Application and on the Website, to the User themselves, to the Users who are members of the collaborative OASES to which they added it and, only where the User has set the OASIS concerned as public, to other Users and to visitors of the Website.

This licence is strictly limited to the purposes of providing, securing, backing up and technically improving the Service, according to the privacy settings chosen by the User. It carries no right of commercial, advertising or promotional exploitation of the User Content by the Company, nor any right to assign or sub-license it to third parties other than the technical processors acting on behalf of the Company. The Company may, at any time and without compensation, cease hosting or displaying User Content, in particular in the cases provided for in Sections 9, 11 bis and 13.4.

The User declares and warrants that they hold the rights or have the authorisations necessary to grant this licence over each item of User Content, including where the User Content was created by a third party or imported from a third-party service.

13.4 Content imported from third-party services

The Application and the Website allow the User to save into their OASES content published on a third-party service (in particular Instagram, YouTube, TikTok, Pinterest or a web page) by providing its URL (the « import feature »).

On the User's instruction and on their behalf, the Company then retrieves, at the time of import, the publicly accessible elements associated with that address (image or video, thumbnail, title or caption, the author's username and profile picture, date of publication) and keeps a technical copy of them on its servers, so that the item remains viewable in the User's OASES in a stable manner, regardless of changes of address or availability of the source. That copy is made exclusively at the User's request, for the purposes and within the limits of the licence provided for in Section 13.3; the Company does not select its content, does not promote it and does not exploit it for any other purpose. Imported content is presented with a credit to its author and a link to its original source.

A User who uses the import feature declares and warrants: (i) that the imported content is publicly accessible without circumventing any access restriction; (ii) that they use the import for their personal or collaborative use within their OASES, and that they only make imported content accessible to the public, through a public OASIS, where they hold the necessary rights or authorisations; (iii) that they comply with the terms of use of the source service, in particular the Terms of Use of Instagram and Meta.

The Company may at any time, without notice or compensation, delete or cease displaying a technical copy of imported content, in particular: where it receives a notice under the conditions of Section 11 bis; where the original content has been deleted, made private or removed by the source service; at the request of the author, the rights holder or the source service; or where keeping the copy appears to it to be contrary to the law or to these Terms. The link to the source is kept as far as possible. The User acknowledges that the availability of the import feature depends on the third-party services concerned and may be changed or discontinued at any time.

13.5 Deletion of user content

Each User may delete the content they have published on the Application or the Website. However, it is specified that certain copies of deleted content may remain temporarily in the OASES backup systems for reasons of security, service continuity or to comply with a legal obligation.

The Company cannot be held liable if the immediate and complete deletion of content is not possible, nor for the consequences relating to the temporary retention of copies of that content.

In accordance with the General Data Protection Regulation (GDPR), every User has a right to erasure of their personal data. The User may exercise that right by contacting the Company through the tools provided for that purpose or at the address indicated in these Terms. The Company undertakes to erase the User's personal data within the statutory time limits, subject to legal or regulatory data retention obligations.

14. Force majeure

The Company cannot be held liable for failure to perform its obligations due to an event of force majeure as defined by Article 1218 of the French Civil Code (natural disaster, pandemic, cyberattack, etc.).

15. Internet usage rules and IT security

The Company endeavours to keep the Application and the Website continuously accessible, 24/7, but cannot guarantee operation without interruption or error. Access may be temporarily suspended for maintenance, updates or in the event of force majeure.

The Company disclaims all liability where access to the Application or the Website is impossible due to technical malfunctions, Internet network interruptions or any event beyond its control.

The Company reserves the right to modify, temporarily suspend or remove certain features of the Application or the Website, to add new features or to withdraw existing ones, without notice or compensation to the User. The User accepts that such changes may occur as part of the normal operation of the Service.

The User acknowledges the characteristics of the Internet, in particular the absence of absolute reliability of transmissions, exposure to the risks of hacking, viruses and data misappropriation, as well as the possible unavailability or alteration of content. The User is solely responsible for the data they view, transfer or post through the Application and the Website. They undertake not to impair the proper functioning or security of the system, nor to attempt to access it fraudulently.

The Company implements reasonable means of securing data, but cannot be held liable for damage resulting from intrusions, data loss or unauthorised access.

The User acknowledges that the Application and the Website are provided « as is » and that the Company does not guarantee the absence of interruptions, errors, bugs or data loss. The Company does not guarantee that use of the Service will meet the User's particular expectations.

Finally, the Company does not control third-party sites accessible through links shared by Users, and disclaims all liability as to their content or security.

16. Termination clause

16.1 Termination by the User

The User may delete their Account, permanently.

To do so, they can go to their Account settings.

By clicking the Account deletion option, the User understands that their data will be permanently deleted and their Account closed, without any possibility of recovering their data afterwards.

16.2 Termination by the Company

The Company reserves the right to suspend or delete, without notice, the Account of any User in the event of a serious breach of the Terms and in particular of the rules listed in Section 10.1 hereof, inappropriate behaviour, abusive use of the Application or the Website, non-payment or repeated reports by other Users.

Deletion entails the permanent loss of the data linked to the Account. In the event of temporary suspension, access may be restored once the breaches have been remedied.

No refund may be claimed in the event of deletion or suspension of the Account.

17. Personal data - Cookies - Security

17.1 Collection of personal data

In accordance with Act 78-17 of 6 January 1978, as amended by the Acts of 6 August 2004 and 20 June 2018, the Company undertakes to process the personal data of its Users who are natural persons solely in order to perform its obligations relating to the provision of the services offered through the Application and the Website, including, where applicable, the management of Subscriptions and the creation of their Account. In that respect, it is recalled that the personal data requested from the User is necessary in particular for the creation of an Account and, where applicable, the validation of any Subscription Order, as well as for issuing invoices.

The Company also undertakes to guarantee the confidentiality of the personal data processed in the performance of its obligations.

In accordance with the GDPR, users have the following rights over their personal data: access, rectification, erasure, restriction of processing, objection to processing, portability and withdrawal of consent.

Data may be transferred outside the European Union only through mechanisms compliant with the GDPR (standard contractual clauses, adequacy decision, etc.).

Where an account or content is deleted, the Company will delete the personal data within the statutory time limits, subject to the legal and security obligations mentioned above.

For any further information or complaint, the User may contact the CNIL (www.cnil.fr).

In any event, the Company refers the User to its Privacy Policy to find out how their data is used.

17.2 Cookies

In connection with the use of the Application and the Website, the Company may place trackers (cookies or equivalent technologies) on the User's device, in particular to measure audience, improve navigation or personalise the user experience.

In accordance with the GDPR and the CNIL guidelines, placing any tracker that is not strictly necessary for the operation of the Application and the Website requires the User's prior and explicit consent.

The User will be informed of the purposes of the trackers through a consent banner on first use, with the option to accept, refuse or customise their choices.

The User may change their cookie preferences at any time from the settings of the Application and the Website. No sensitive information is collected without their knowledge.

For more information, the User is invited to consult the Privacy Policy.

17.3 Security

The User undertakes not to impair the security of the Application and the Website. To that end, they undertake not to access or remain fraudulently within the Company's information system. Nor may the User impair or hinder the Company's information system. Failing that, the Company may take any measure against them, in particular seeking to establish their criminal liability under Articles 323-1 et seq. of the French Criminal Code.

18. Term

These Terms govern the entire relationship between the Company and the User from the moment they create an Account until it is deleted, either on their own initiative or on that of the Company.

19. Dispute resolution, mandatory prior conciliation clause

Should a dispute arise between the Company and the User, the latter may initiate a conciliation procedure directly with the Company in order to settle the dispute, without the involvement of a third-party natural or legal person.

20. Governing law, language and disputes

These Terms are governed by French law and drafted in French, the only version authoritative in the event of a dispute. Any disagreement relating to their validity, interpretation or performance shall fall within the jurisdiction of the competent courts, in particular those of the defendant's domicile, of the place of performance or of the User's domicile. If a clause is held invalid, the others remain applicable. The Company undertakes to amend it so as to make it compliant, without affecting the Terms as a whole.