General Terms and Conditions of Use as of 01 December 2019

Welcome to the Yousoon application (hereinafter referred to as the "Application"). Thank you for choosing the Application published by JEMOCO.

    1. INTRODUCTION
        1. Publisher of the Application (hereinafter the "Company") :
          • Company name: JEMOCO
          • Corporate form: SAS
          • Share capital: 18,750 euros
          • Head office: 40 avenue du Général de Gaulle, 92360 Meudon La Forêt
          • Registered with the RCS of Nanterre under n° 830 613 873
          • Email address: contact@yousoon.com
          • Intra-community VAT number: FR95830 613 873
          • Director of publication: Jérôme Morgado
        2. The Application is hosted by Amazon Web Services:

      Amazon Web Services, Inc. P.O. Box 81226, Seattle, WA 98108-1226, https://aws.amazon.com

      1. The purpose of these General Terms and Conditions of Use (hereinafter "GTCU") is to define all the conditions of use of the Application by users (hereinafter the "Users") who have the status of consumers under the provisions of the Consumer Code.
      2. In accordance with the legal provisions, the consumer is defined as any natural person who acts on the occasion of the order, for purposes that are not part of his professional activity.
      3. The Company provides Users with the Application which allows them to benefit from a set of services (hereinafter the "Services") as described in Article 4 below.
      4. The GTC are accessible by the User when registering on the Application. Acceptance of the GTU by the User implies acceptance of all the terms and conditions of the GTU.
      5. The T&Cs are also available on the Application under the heading "Settings".
      6. These are regularly updated, the applicable GTC are those in force at the time of the User's registration on the Application.
      7. THE APPLICATION MAY ONLY BE USED BY PERSONS AGED EIGHTEEN AND OVER.
    2. TECHNICAL MEANS
      1. Before using the Application, the User must ensure that he/she has the technical and computer resources to benefit from the Application and the content available on the Application, and that the operating system of his/her computer device allows secure access to the Application.
      2. The User must also ensure that the computer configuration of the device is in good working order and free of viruses.
      3. The Company reserves the right to modify, edit, delete, validate or change, in whole or in part, any content ("Content") contained or displayed on the Application.
      4. The Company may delete, change or modify the Application and/or the Content at any time and without notice.
    3. DOWNLOAD THE APPLICATION
      1. The App is free to download and register on the App Store and Play Store.
      2. In order to use the Application, the User will be invited to create an account via :
        • his email address, in which case the Company will send an email confirming the creation of an account to the email address indicated by the User.
        • Facebook Connect, in which case the Application may use the profile picture of the Facebook account, the surname, the first name, the age deduced from the date of birth of the User to create his profile, the public contacts, access to the Instagram account.
      3. The User will be asked to fill in a form and provide the following information to create his/her profile (hereinafter the "Profile"):
        • general information: Profile photos, first name, email, password (except for registration via Facebook Connect);
        • physical information: gender, date of birth, height, weight, hair and eye colour;
        • social information: interested in men or women, type of relationship sought, community(ies), geolocation, lifestyle, education, ethnicity, religion, family status.
      4. The User will be asked to create a username and password (except for registration via Facebook Connect). The User's login and password are strictly personal. In the event of loss or use by an unauthorised person, the User must inform the Company immediately so that the Company can block access to the User's account and allow the User to create a new user ID and password.
      5. Any fraudulent downloading of the Application or presumed to be fraudulent by the Company, will be considered null and void.
      6. The User can delete his account in the settings of the Application at any time.
    4. SERVICES
      1. The Application allows Users to be presented with the Profiles of other Users, according to their communities of interest, their geographical distance and the criteria provided at registration. It is specified that these search criteria can be modified at any time in the Application. Each User may validate or invalidate a User Profile that interests him/her or not. If two Users are interested in each other, the Application will enable them to be put in contact. Users may exchange information via the Application's internal messaging system.
      2. The Application provides Users with the following Services:
        • Presentation of Profiles in the Application and possibility to validate Profiles.
        • Reporting of one or more Users whose behaviour is in breach of these TOS and or any applicable law or confidential blocking of one or more Users;
        • Use of the Application's internal messaging system to send files (photos, videos, etc.);
        • Consultation of the list of connected and rejected Users and their Profiles, possibility of putting certain User Profiles in "Favourites" and of putting personal comments on each User Profile to which only the User who has commented will have access; deletion of the list of favourites, of connected User Profiles, of personal comments and of conversations from the internal messaging system;
        • Modification of search preferences and physical and social information transmitted (except email or gender);
        • Receiving notifications from the Application's internal messaging system, with the possibility of activating or deactivating these notifications;
        • Activation and deactivation of geolocation at any time according to the information on the smartphone;
        • Suggestion of places according to the geolocation of each User for a physical meeting;
        • Suspension and deletion of the User account ;
        • Automatic deletion of Profiles detected or reported as undesirable or in violation of these TOU and applicable laws;
        • Possibility to modify a message if the person has not yet read it;
        • Possibility to choose locations for networking;
        • Possibility to exclude oneself from a place temporarily or permanently.
    5. OBLIGATIONS OF THE USER
      1. The User undertakes to respect the terms of these GCU and other Users.
      2. The User undertakes to use the Application in accordance with the Company's instructions.
      3. The User agrees that he/she will use the Application solely for his/her personal use, in accordance with these GTC. In this respect, the User agrees to refrain from :
        • use the Application in any unlawful manner, for any unlawful purpose and in any manner, for any purpose inconsistent with these TOU;
        • use the Application to publish offensive, defamatory, harassing, libellous, obscene, pornographic or threatening statements and/or statements that violate the privacy of others;
        • to disseminate Content that could constitute incitement to commit crimes or offences; provocation to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;
        • proselytizing on ideological, political, religious or ethnic grounds;
        • to attempt to mislead other Users by usurping the name, first name or pseudonym of other persons;
        • disseminating messages of a violent and/or pornographic nature;
        • sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or part of the Content on the Application or decompile, modify, display in human-readable form, attempt to discover any source code of the Application;
        • attempt to gain unauthorised access to the Application's computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Application;
        • misuse the Application by intentionally introducing viruses or other malicious programs and attempt to access the Application in an unauthorised manner;
        • to use robot software or any other automated system to consult, record and modify data on the Application;
        • infringe the image, privacy and personal data of other Users or third parties;
        • to denigrate the Company and/or the Application on social networks and on any other current or future means of communication;
        • to use the Application for prostitution or for any other reason contrary to public order and/or morality.
      4. Any User of the Application also undertakes not to :
        • use or query the Services offered through the Application on behalf of or for the benefit of others;
        • reproduce in large numbers, for commercial or non-commercial purposes, information or offers presented in the context of the Application;
        • integrate all or part of the Content of the Application into a third-party application or website, whether or not for commercial purposes;
        • use a robot, in particular a spider, a search or retrieval application, or any other means to retrieve or index all or part of the Content of the Application;
        • copy the information onto media of any kind that allow the reconstitution of all or part of the original files;
        • The use of data retrieved or downloaded from the Application for commercial purposes or for public dissemination is strictly prohibited, under penalty of civil and criminal sanctions.
      5. The User acknowledges that the Company does not engage in marriage brokerage activities and is not subject to the provisions of Article 6 of the Law of 23 June 1989 on consumer information and protection.
      6. The use of data retrieved or downloaded from the Application for commercial purposes or for public dissemination is strictly prohibited, under penalty of civil and criminal sanctions.
      7. If, for any reason whatsoever, the Company considers that a User is in breach of these TOS, the Company may, at any time and at its discretion, remove his or her access to the Application and take any action, including legal action, against him or her.
    6. ACCURACY AND TIMELINESS OF INFORMATION
      1. Each User undertakes to ensure that all information, in particular that concerning him or her, which he or she provides is adequate, accurate, up-to-date and complete.
      2. The User acknowledges that the Company does not have the material means to verify the truthfulness of all information communicated on the Application. The Company cannot therefore be held responsible in the event of identity theft, or if the information provided is false or misleading.
      3. Nor does the Company guarantee the timeliness, lawfulness, probity or quality of the information transmitted by Users.
      4. The Company shall in no event be held liable for the content that Users communicate and put online, in particular for its illegal nature with regard to the regulations in force, for any error or omission, for any loss or damage resulting from its use, transmission by internal messaging or in any other way via the Application.
      5. Users are invited to inform the Company if they consider that one or more contents infringe public morality or public order or directly harm them.
    7. RESPONSIBILITIES
      1. The Company is not liable for indirect or consequential damages as defined by the case law of the French courts that the User may suffer in the context of the performance of these GTCs and cannot be held liable in the event of a fault arising from an event of force majeure as defined in Article 11.1, from the act of a third party outside its control or from the act of the User.
      2. The Company shall not, under any circumstances, be held responsible for any misuse of the Application by Users.
      3. Users are solely responsible for their actions on the Application and the information and photographs transmitted to the Application and via its internal messaging system.
      4. The Company cannot be held liable in the event of a dispute between two Users of the Application.
      5. The Company is in no way responsible for actual appointments between Users. It is up to the Users to check, if necessary, the identity of the User with whom a real appointment is planned; in particular to plan appointments only in very busy public places, to always inform a close friend of the planned appointment, of the place and time and of the contact details and identity of the User with whom the appointment is planned.
      6. Similarly, the Company strongly recommends that Users do not submit information (telephone number, address, email, etc.) that does not appear on the User Profile.
      7. Users are fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
    8. PROTECTION OF PERSONAL DATA
      1. The provisions concerning the protection of personal data as derived from the French Data Protection Act of 6 January 1978 as amended by the Act of 20 June 2018 on the protection of personal data and the European Regulation on the protection of personal data of 27 April 2016 which entered into force on 25 May 2018 ("RGPD") are located in an annexed document entitled "Privacy Policy" accessible on the Application in the Legal Notice section.
    9. RIGHT OF WITHDRAWAL
      1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, by accepting these GCU, the Customer acknowledges that he/she wishes to download the Application free of charge within the withdrawal period provided for by the Law and thus expressly waives his/her right to withdraw.
      2. The User may nevertheless at any time request the Company to delete his User account by email to the following address remove@yousoon.com or via the Settings section in the Application.
    10. APPLICABLE LAW AND JURISDICTION
      1. These TOU are governed by and construed in accordance with French law, without regard to principles of conflict of laws.
      2. In the event of a dispute arising from the interpretation and/or performance of these Terms and Conditions or in relation to these Terms and Conditions, the User may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The User may contact the mediator at the following address mediation.conso@mediation-net.com
      3. The User is informed that :
        • In order for the dispute to be examined by the mediator, the User must justify that he/she has made a written complaint to the Company or its customer service department and must keep written proof of the steps taken;
        • The request must be well-founded and legitimate.
      4. The User may refer the matter to the mediator within a maximum period of one year following his written complaint to the Company.
      5. Finally, if this mediation procedure fails or if the User wishes to bring an action before a court, the rules of the Code of Civil Procedure will apply.
    11. GENERAL PROVISIONS
        1. Force majeure

      The Parties agree to recognise as a case of force majeure any event meeting the criteria defined by the case law of the Cour de Cassation in application of article 1218 of the Civil Code, insofar as these events would prevent the execution of the GCU by the party invoking it.

        1. Autonomy of clauses

      If any provision of these TOU or its application to any person or circumstance is deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision of these TOU.

        1. Notification

      Any notification must be made in writing by email with acknowledgement of receipt to the following email address: contact@yousoon.comor sent by registered letter with acknowledgement of receipt to the address indicated in these GTU.

  1. CONTACT
    1. To contact the Company's customer service department, the User may :
      • Send a letter to the following address: 40 avenue du Général de Gaulle, 92360 Meudon La Forêt
      • Send an email to the following address contact@yousoon.com