1. About us
We are CAROM, a simplified joint stock company registered in the RCS of Paris under the number 915 308 522 (“We”).
You can contact us at the following e-mail address: hello@carom.app.
2. What do we propose ?
We propose an application currently available in beta version (the "Application") accessible at the address http://carom.app (the “Website”) whose objective is to connect a panel of testers ("You") around various events and activities (the"Activities") offered by them through the publication of ads (the “Ad”) and allowing them to expand their social circle and thus have a more fulfilling social life (together the "Services").
As part of its development process, we wanted to test its technology with you to develop and improve the Services offered via the Application before its final release. The Application is being tested to improve its ergonomics and to experiment with the services provided (the "Tests").
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 bottom of the Application and the Website page.
How to accept our Terms and Conditions?
You agree to the Terms and Conditions by checking a box in the registration form. You may not access the Services if you do not agree to all of our Terms and Conditions.
They may be supplemented by special conditions that shall prevail over the Terms and Conditions in case of a contradiction.
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 outside their trade or profession.
5. How to subscribe to our Services?
You must be registered on the LinkedIn platform and use your login details from LinkedIn. You expressly authorize us to access your account data on the Linked In platform.
You musovide us with all the mandatory information, including name, age, interests, passions,function, 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.
7. What Services are available on the beta version of 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 Experiences
As part of the Services, you may:
- Create an Experience to offer other users to join the Activity and,
- Have access to Experiences published by other users to request to join the Activities.
In the case of creating a Post, you have 24 hours to accept a user in the Activity from the moment of its request.
Terms of payment for the Experience
For each Post, you must indicate whether the Experience is :
- Free or,
- Everyone has to pay his share or,
- If you are paying in advance for the others or,
- The minimum amount to be collected for theActivity to take place.[JL13]
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, you will benefit from maintenance, including corrective and evolutionary maintenance. Therefore, access to the Application andWebsite may be limited or suspended for scheduled maintenance, including disciplinary and evolutionary maintenance.
Concerning 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 the Website.
You will benefit during the term of the Services from progressive maintenance, which we may perform automatically and without prior notice and includes improvements to the functionality of the Application and technical facilities used in connection with the Application (to introduce minor or major extensions).
Technical support
You acknowledge that as part of the Tests, you can test the Application to appreciate its ergonomics and the available services. In this respect, you may communicate to us, using the means of communication available on the Application and at the address indicated in the "Contact" section, any problem you may have encountered and any information you consider helpful concerning the Application's ergonomics and conditions of use, as well as make any recommendation you deem appropriate to improve them.
Hosting
Under the terms of due care, we provide the hosting of the Application and the data produced and entered by/on the Application, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union
8. For how long do you subscribe to our Services?
You subscribe to our Services for the duration of the beta version of the Application. The beta version is accessible during the period of the Tests.
We will inform you of the end of the Tests by any valuable means at least 15 days before their effective date. If you are interested in continuing to use the Application at the end of the Tests, you can subscribe to the Application according to the terms and conditions that will be agreed upon with us.
9. What are our financial conditions?
OurServices are free during the period of the Tests.
At the end of the Tests and if you are interested in continuing to use the Application, access to our Services will be subject to a subscription fee, which will be indicated on the Website at the official launch of the Application.
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.) 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:
- Broadcast 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, to promote the Application,
- Translate the Content and testimonials into any language,
- Modify (in particular the framing, format, and colors) and adapt theContent 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 the image attached to your Account and your name to promote our Services[JL19] [AK20] , 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 theServices.
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 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 must contact us immediately using the contact details in the "Contact"section if you become aware that your Account has been used without your knowledge.You acknowledge that we shall have the right to take appropriate action in such a case.
11.3. Concerning the use of the Services
You are responsible for using 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.
You shall not misuse the Services for purposes other than those for which they were designed, and in particular 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, to violate its integrity or security,
- Carry out any operation aimed at promoting your services and sites or those of a third party,
- Assist or incite a third party to commit one or more of the acts or activities listed above.
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 and interests,
- Market, transfer, or other wise 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 theServices.
You agree that Content posted on the Application is made public by default and may be viewed by other users.
You shall not distribute any Content (this list is not exhaustive):
- Infringing public order and morality (pornographic, obscene, indecent, shocking or unsuitable fora family audience, defamatory, insulting, violent, racist, xenophobic, or revisionist),
- Infringing the rights of third parties (infringing content, infringing personality rights, etc.) and, more generally, violating a contractual, 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 responsible for the relations you may establish with other applicationusers. You act with discernment and respect the usual rules of politeness andcourtesy in your exchanges with other users in accordance with our charter ofgood conduct accessible on the following link: [JL21] [AK22] [JL23] https://www.carom.app. In particular, we reserve the right to suspend your account if recurring no-shows and cancellations at Activities occur.
You are responsible for all formalities and payments in using theServices.
You will indemnify us against any claim and action that may be brought against us due to a breach of any of your obligations. You will indemnify us for any loss suffered and reimburse us for any sums we may have to bear.
12. What are our obligations, and what are we responsible for?
We undertake to provide the Services with due diligence; it is understood that we are bound by due care.
12.1. Concerning the quality of our Services
You expressly acknowledge and agree that, during the duration of the Tests, you are accessing a beta version of the Application under development before its final release.
Therefore:
(i) we make no warranty as to the absence of errors, defects, or faults in the Application, the purpose of the Tests being precise to identify any mistakes, imperfections, or flaws in the Application before it is put into production;
(ii) we shall not be liable for any loss or damage resulting from using the Application in its beta version.
We make every effort to provide you with quality Services. For this purpose, we carryout regular checks to verify the functioning and accessibility of our Services.We 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 access to 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.
Further more, we do not guarantee that the Services, subject to constant research to improve their performance and progress, will be completely free of errors, defects, or faults.
12.2. Concerning the backup of data on the Application
We will do our best to back up any data produced and entered by/on the Application.
However, except in cases of proven fault on our part, we are not responsible for anyloss 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 to ensure data security by implementing measures to protect the infrastructure and the Application, detect and prevent malicious acts, and 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 will promptly remove or make it unavailable if we receive notification of unlawful content. 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 Experience, nor can we be a party to any disputes.
12.6. Concerning the publicity we provide
We may publish and 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 services of these platforms
- Your relationships are 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 their work performance. However, we shall remain solely responsible to you for the proper performance of theServices.
We may substitute any person who will be subrogated to all our right sand 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, the data collected on the Application, and our computer equipment constitute the primary mode of proof admitted, in particular, to demonstrate the reality of theServices performed and their price calculation.
15. How is personal data processed in the context of the Services?
We have aprivay 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 in form the other party by registered letter acknowledging receipt. The duties shall be suspended upon receipt of the letter and resumed within a reasonable period after the force majeure has ceased.
We shall never the less remain liable for the 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 un subscribe from the Services during the testing period by sending us a request to the contact information listed in the "Contact" article or through your Account. The termination is effective immediately.
You no longer have access to your Account as of the end of the Services.
18. 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.
In the event of a breach of these essential obligations, we may:
- Suspend or terminate your access to theServices,
- Remove any Content related to the breach,
- Publish on the Application any information message that we deem helpful,
- send you a registered letter with acknowledgment of receipt to:
o Terminate our contractual relationship, the termination taking effect on the day of receipt or first presentation of this letter
o Or to ask you to remedy the breach within 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 of your Account,
- Notify and cooperate with any competent authority and provide it with any information relevant to the investigation and prosecution of illegal or unlawful activities,
- Initiate any legal action.
These sanctions are without prejudice to any damages we may claim from you.
19. 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 ten calendar days before they come into effect.
If you do not agree to these changes, you must unsubscribe from theServices in the manner set out in the section "How to terminate theServices?".
If you use our Services after our amended Terms and Conditions are enacted, we assume you have accepted them.
20. Which language prevails in case of disputes on the interpretation of the Terms and Conditions?
The English language shall prevail in the event of any inconsistency or dispute as to the meaning of any term or provision.
21. 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 de conciliateurs de justice
Postal address: 14 rue Saint Jean 75017 Paris
Phone : 06 09 20 48 86
22. Applicable law and jurisdiction
Our Terms and Conditions are governed by French law.