1. About us
We are CAROM a simplifiedjoin stock company registered in the RCS of Paris under the number 915 308 522 with its registered office at 5 square de l’Opéra Louis Jouvet – 75009 Paris (“We”).
You can contact us at the following e-mail address: hello@carom.app.
2. What do we propose ?
We propose anapplication (the "Application") accessible at the address http://carom.app (the “Website”) whose objective is to connect users ("You") around various events and activities (the "Activities") offered by them through the publication of ads (the “Posts”) and allowing them to expand their social circle and thus have a more fulfilling social life (together the "Services").
3. What do you need to know about our Terms and Conditions?
What are our Terms and Conditions for?
Our terms and conditions (the "Terms and Conditions") are the sole document governing our contractual relationship and define:
- the terms and conditions of use of our Services in the context of the beta version of the Application,
- our obligations and yours.
Where can you find our Terms and Conditions?
You can find them via a direct link at the Application in Settings and at the bottom of the Website page.
How to accept our Terms and Conditions?
You agree to the Terms and Conditions by finalizing the registration form on the application. If you do not agree to all of our Terms and Conditions, you may not access the Services.
They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
4. What are the conditions for accessing our Services?
You are :
(i) a natural person with total legal capacity and must be at least 18 years old to access our Services and,
(ii) a consumer, understood as any natural person acting for purposes which are outside his or her trade or profession.
5. How to subscribe to our Services?
You must provide us with all the mandatory information, including name, age, schools, passions, work field, etc.
Registration automatically opens an account in your name (the "Account"), allowing you to access our Services using your login and password.
6. How to access our Services?
You can access our Services by going directly to the Application.
In order to use the Application, you must download the Application through an online application store such as Apple Store or Google Play (the “Application Store") by complying with any required process.
7. What Services are available on the Application?
7.1. Our Services
Before subscribing, you can read the characteristics of our Services on the Website.
You recognize that:
- You are aware of the characteristics and constraints of our Services, in particular the technical ones,
- That the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which we are not responsible.
Creation of Posts
As part of the Services, you may:
- Create an Experience to offer other users to join the Activity and/or,
- Have access to Experiences published by other users to request to join the Activities.
When you create a Post, you are the organizer of the corresponding Activity. You are responsible for responding to participation requests within 48 hours of their submission. If no response is provided withinthis time frame, the request will be automatically considered as declined.
You have two options when publishing a Post:
- Partner Activities: Certain exclusive Activities are organized in collaboration with our partners. If you post one of these Activities, we will handle all related bookings via a central contact. You must not reach out directly to the venue or the partner to avoid disrupting the agreed reservation process.
- Independent Activities: You may also create and publish Posts for activities that are not associated with any partner. In such cases, you are fully responsible for organizing and booking the Activity yourself.
If you are acting as a professional user and your Posts have a commercial purpose, you must:
- clearly communicate the applicable prices, refund and cancellationpolicies upon request;
- ensure that participants who paid for the Activity are satisfied withthe overall experience; take appropriate steps to address any complaints ordisputes that may arise.
Terms of payment for the Experience
For each Post, you must indicate whether the Experience is:
- Free or,
- A advance payment or acquiring a ticket is required or,
- Everyone has to pay his share or,
- If you are paying in advance for the others and require reimbursement or,
- The minimum amount to be collected for theActivity to take place.
Payment for the Experience is made directly to the experience provider (the “Provider”).In this respect, you expressly acknowledge that we remain outside of any contractual relationship that may be created between the Provider and you. We will not be able to participate in any dispute in this regard.
We reserve the right to offer any other Service.
7.2. Our additional services
Maintenance
During the duration of the Services, youwill benefit from maintenance, including corrective and evolutionary maintenance. Therefore, access to the Application and/or Website may be limited or suspended for scheduled maintenance, which may include corrective and evolutionary maintenance.
With respect to corrective maintenance, we will use our best efforts to provide you with corrective maintenance to fix any malfunction or bug found on the Application and/or the Website.
With respect to progressive maintenance, you will benefit during the term of the Services from progressive maintenance, which we may perform automatically and without prior notice, and which includes improvements to the functionality of the Application and/or technical facilities used in connection with the Application (to introduce minor or major extensions).
Technical support
In the event of anydifficulty encountered while using our Services, you can contact us at the contact details mentioned in the article "About us".
Hosting
We provide, under the terms of a due care, the hosting of the Application, as well as the data produced and / or entered by / on the Application, on its servers or through aprofessional hosting provider, and on servers located in a territory of the European Union.
8. For how long do you subscribe to our Services?
In the case of free Services, you subscribe to the Services for the duration of the use of your Account, until its closure under the conditions of the article "How to terminate the Services?".
In the case of a Subscription, you subscribe for the duration indicated on the Application (the "Initial Period"). The Subscription is then tacitly renewed for successive periods of the same duration as the Initial Period (together with the Initial Period, referred to as the "Periods"), from date to date, unless you cancel the Subscription under the conditions set out in the article "How to terminate the Services ?".
9. What are our financial conditions?
Access to the Website and Application is free.
Some Services are accessible through a paying subscription (the "Subscription"). The Subscription price is indicated on the Application. You are expressly informed and accept that all payments and subscriptions made through the Application are handled by the Application Store.
You contract directly with the Application Store, as regards the implementation of these payments, by accepting the Application Store’s general terms and conditions when you create your account with this Application Store.
10. What are our respective intellectual property rights, and what are we allowed to do?
10.1. Intellectual property rights on the Application and the Website
The Application and the Website are our property, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we use. They are protected by all intellectual property rights or database producers' rights in force. The license we grant you does not entail any transfer of ownership.
You benefit from a non-exclusive, personal and non-transferable license to use the Application in SaaS mode for the duration set out in the article "For how long do you subscribe to our Services?”
10.2. Intellectual property rights on the Content and testimonials
By subscribing to our Services, you acknowledge that the content of any kind that you publish on the Application (the "Content") is broadcasted in a spirit of community exchange.
You may also provide testimonials regarding your use of the Services.
Therefore, you agree that we may:
- broasdcast the Content and testimonials free of charge on the Application and on any other French or foreign websites, published by any companies with which we have agreements, by any means and on any medium, for the purpose of promoting the Application,
- translate the Content and testimonials into any language,
- modify (in particular the framing, format and colours) and/or adapt the Content and testimonies (in particular to the technical constraints of the Application (alterations or degradations in their quality)).
10.3. For what purposes may we use your personality rights (image, name, and voice)?
You authorize us to use, free of charge, the image attached to your Account as well as your name in order to promote our Services, by any means and on any medium, for the whole world, for the duration of the subscription to our Services.
11. What are your obligations, and what are you responsible for?
11.1. Concerning the provision of information
You agree to provide us with all information necessary to subscribe to and use the Services.
11.2. Concerning your Account
You:
- guarantee that the information provided in the form is accurate and undertake to keep it up to date,
- acknowledge that this information is proof of your identity and is binding on you as soon as it is validated
- are responsible for maintaining the confidentiality and security of your login and password. Any access to the Application using your username and password is deemed to be made by you.
You are required to upload a profile picture in which your entire face is clearly and frontally visible. The use of sunglasses, hats, caps, or photos taken at an angle is strictly prohibited. The image must be appropriately framed — excessively zoomed-out photos will not beaccepted — and must not feature any alcoholic beverages, smoking, or beach or pool side settings.
In addition, your profile picture must not display any product placements, brand names, commercial logos, or any promotional content of any kind.
You must contact us immediately using the contact details set out in the "Abous Us" section if you become aware that your Account has been used without your knowledge. You acknowledge that we shall have the right to take any appropriate action in such a case.
11.3. Concerning the use of the Services
You are responsible for your use of the Services and any information you share in connection with them. You agree to use the Services personally and not to allow any third party to use them for you or on your behalf.
Activities are reserved exclusively forpeople who have an Account on the Application. It is therefore the responsibility of the organizer and other participants to ensure, check and control that all participants in the Activity have an Account on the Application and have signed up for the Activity through the Application.
You shall not misuse the Services for purposes other than those for which they were designed, and inparticular for:
- practice illegal or fraudulent activity,
- harm public order and morality,
- infringe on third parties or their rights in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- carrying out any activity that may interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- assist or incite a third party to commit one or more of the acts or activities listed above.
- carry out any operation aimed at promoting your services and/or sites or those of a third party, in particular during the Activities as that might affect the experience of other users
You will also not:
- copy, modify or misappropriate any of our property or concepts used by us in connection with the Services,
- adopt any conduct that interferes with or hijacks our computer systems or breaches our computer security measures,
- infringe our financial, commercial or moral rights andinterests,
- market, transfer or otherwise provide access to the Services, the information hosted on the Application or any of our property.
You are responsible for Content of any kind that you post as part of the Services.
You agree that Content posted on the Application is made public by default and may be viewed by other users of the Application.
You shall not distribute any Content (this list is not exhaustive):
- infringing public order and morality (pornographic,obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
- likely to involve or incite any act of sexual exploitation of minors, abuse of minors or endangerment of minors (for example, solicitation of children for sexual exploitation, sextortion, trafficking or any other form ofsexual exploitation of children),
- infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating acontractual, legislative or regulatory provision,
- prejudicial to third parties in any way whatsoever,
- misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
- harmful to the computer systems of third parties.
You are solely responsible for the interactions you may establish with other users of the Application. Inthis respect, you undertake to:
- act with discernment and respect the usualrules of politeness and courtesy in your exchanges with other users,
- not contact users you have not met or do not personally know via social media, including through the social links available on their profile, for the purpose of promoting your events,
- not promote or organise events of a political or religious nature through the Application, regardless of the context,
- not use the messaging system to help users who have not subscribed to the Subscription join Activities offered on Posts that are reserved for subscribed users,
- not repeatedly cancel or fail to attend Activities, as recurring no-shows and/or cancellations may result in the suspension of your Account.
Consequently, you:
- are responsible for all formalities and payments incumbent on you in the context of the use of the Services,
- expressly acknowledge that initiating or supporting any online campaign aimed at harming the Application or its managers may result in your exclusion from the community,
- undertake to indemnify us against any claim and/or legal action resulting from a breach of your obligations, and to compensate us for any resulting losses or costs we may incur.
12. What are our obligations, and what are we responsible for?
We undertake to provide the Services with due diligence, it being understood that we are bound by a due care.
12.1. Concerning the quality of our Services
We make every effort to provide you with quality Services. For this purpose, we carry out regular checks to verify the functioning and accessibility of our Services and may carry out scheduled maintenance under the conditions specified in the "Maintenance" section.
However, we are not responsible for any difficulties or temporary impossibility of accessto our Services due to:
- corrective and evolutionary maintenance of the Application,
- circumstances outside our network (including partial or total failure of your servers),
- the failure of equipment, cabling, services or networks not included in our Services or which are not under our responsibility,
- interruption of the Services by telecom operators or internet service providers,
- your intervention, in particular through an incorrect configuration applied to the Services,
- force majeure.
Furthermore, we do not guarantee that the Services, subject to constant research to improve its performance and progress, will be completely free of errors, defects orfaults.
12.2. Concerning the backup of data on the Application
We will do our best efforts to back up any data produced and/or entered by/on the Application.
However, except in cases of proven faulton our part, we are not responsible for any loss of data during maintenance operations.
12.3. Concerning data storage and security
We provide you with sufficient storage capacity to operate the Services.
We do our best efforts to ensure data security by implementing measures to protect the infrastructure and the Application, to detect and prevent malicious acts and to recover data.
12.4. Concerning the publication of Content
We act as a hosting provider for the Content you post. Accordingly, we are not responsible for such Content.
We reserve the right to take any measures necessary to ensure compliance with applicable laws and regulations, in particular concerning the safety of minors, on the Application.
Accordingly, we provide you with are porting mechanism on the Application to report any content that you consider inappropriate. You can also send us a request to the contact information listed in the"About Us" article or through your Account.
If we receive a notification of unlawful Content, we will act promptly to remove it or make it unavailable, and we may take the steps described in the section "What are the penalties for failing to comply with your obligations?”
12.5. Concerning the linking of users
We act as a broker in your relationship with other users.
We cannot therefore be held responsible for your relationship with other users and Provider of the Activity, nor can we be a party to any disputes.
12.6. Concerning the publicity we provide
We may publish and/or send you any advertising or promotional messages, including links to third party platforms.
However, we are not responsible for :
- the technical availability and content, products and/or services of these platforms
- your relationships established through these platforms.
12.7. Concerning the use of subcontracting and the transfer of our rights and obligations
We may use subcontractors in the performance of the Services, who are subject to the same obligations as we are in the performance of their work. However, we shall remain solely responsible to you for the proper performanceof the Services.
We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of any such substitution by any written means.
13. Within what limits can you engage our liability?
Our liability is limited to proven direct damages that you suffer as a result of using our Services.
14. What modes of proof are accepted between us?
Evidence can be established by any means.
You are informed that the messages exchanged through our Application as well as the data collected on the Applicationand our computer equipment constitute the main mode of proof admitted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
15. How is personal data processed in the context of the Services?
We have a privacy policy that can be accessed here: https://www.carom.app/privacy-policy. We invite you to read it.
16. Force majeure
We shall not be liable for any failure or delay in the performance of our respective contractual obligations due to force majeure occurring during our relationship.
Force majeure includes:
- any case meeting the conditions of Article 1218 of the French Civil Code and recognized by case law
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure of a third-party telecommunications provider
If one of us is prevented from performing its obligations due to force majeure, it must inform the other party by email. The obligations shall be suspended upon receipt of the email and shall be resumed within a reasonable period of time after the force majeure has ceased.
We shall nevertheless remain liable forthe performance of our respective obligations that are not affected by force majeure and for any payment obligations.
17. How to terminate the Services?
You may terminate the Subscription anytime before the renewal of the Period. Any Period started is due in its entirety. At the end of the Subscription, you no longer have access to paid Services.
You may unsubscribe from the Services on the application through your Account or through your app store. The termination is effective immediately.
You no longer have access to premium features as of the end of the Services.
18. Do you have a right of withdrawal?
You don’t have the right of withdrawal if(i) our Services are fully performed before the end of the withdrawal period, and (ii) of which their performance has begun with your prior and express acceptance and (iii) your acknowledgment that it implies your loss of your right of withdrawal.
19. What are the penalties for failing to meet your obligations?
The payment of the price of the Services as well as the obligations set out in the article "What are your obligations and what are you responsible for" are essential obligations.
In the event of a breach of these essential obligations, we may:
- suspend or terminate your access to the Services,
- remove any Content related to the breach,
- publish on the Application any information message that we deem useful,
- send you a registered letter with acknowledgement of receipt to:
- terminate our contractual relationship, the termination taking effect onthe day of receipt or first presentation of this letter
- or to ask you to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied. Termination will result in the deletion ofyour Account,
- notify and cooperate with any competent authority and provide it withany information relevant to the investigation and prosecution of illegal or unlawful activities,
- initiate any legal action.
These sanctions are without prejudice toany damages we may claim from you.
20. How can we change our Terms and Conditions
We may change our Terms and Conditions at any time and will notify you in writing (including by email) at least 10 calendar day before they come into effect.
The modified Terms and Conditions are applicable:
- as soon as they come into force for free Services;
- upon renewal of the Subscription when you have subscribed to the paid Services.
If you do not agree to these changes, you must unsubscribe from the Services in the manner set out in the section "How to terminate the Services?".
If you use our Services after our amended Terms and Conditions come into effect, we will assume that you have accepted them.
21. Which language prevails in case of disputes on the interpretation of the Terms and Conditions?
The English language shall prevail in theevent of any inconsistency or dispute as to the meaning of any term orprovision.
22. Mediation
In the event of a dispute with us, you can have free recourse to the following consumer ombudsman for an amicable settlement:
Centre de médiation de la consommation deconciliateurs de justice (CM2C)
Postal address: https://www.cm2c.net/contact.php
Phone : 06 09 20 4886
23. Applicable law and jurisdiction
Our Terms and Conditions are governed by French law.