Terms of Use (TOU)

By accessing or using the iicontact service, or any applications (including mobile applications) made available by iicontact (together, the "Service"), however accessed, you agree to be bound by these terms of use (“TOU”). The Service is owned or controlled by IICONTACT SAS . These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
Definitions
Application: refers to iicontact application, that is available on Apple App Store and Google Play Store.
iicontact: refers to iicontact services (also refered to as Service) provided by IICONTACT SAS
IICONTACT SAS  : refers to the company registered with Paris Trade and Companies Registry, number 819 961 020, owner and sole operator of the iicontact application and trademark.
TOU: Terms of Use
User: Person registered with the Application.
Messages: Only users who have been connected can exchange messages via the instant messaging service within the application.
Service: All services offered by iicontact enabling users who have met in real life and who are willing to meet again in order to reconnect.
Account: The Account is the User's dedicated personal area within the Application which she/he accesses when she/he registers with and connects to the Application. It enables the User to access the Services.

Scope
The TOU define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the User and the company iicontact.

1. These Terms and Conditions of Use (TOU) are the main rules of use for the Application. They are accompanied by additional policies – the privacy policy and the frequently-asked questions (FAQ), which provide the User with clearer guidance on how to use the Application. In the event of a conflict between the various policies due to negligence on the part of iicontact leading to inaccessibility, incomprehensibility and/or unpredictability, these TOU shall prevail over the Trust Charter and the FAQ.

2. Should one of the provisions of these TOU be declared invalid or inapplicable due to the effects of a law, regulation or court decision issued by a competent authority, the other provisions shall remain effective and in force, except in the event that these TOU are as a result misrepresented, or the balance of the obligations incumbent upon the parties are significantly affected.

3. Conduct which is prohibited under these TOU shall not be subject to a limitation period. iicontact may exercise its power to impose penalties or to report a breach of the law to the competent authorities either immediately or within a longer time period after it has been made aware of such conduct, under the conditions which enable it to take action. iicontact reserves the right to exercise its power to impose penalties or to report a breach of the law in order to punish past conduct, subject to the existence of a statutory limitation period.

All of the provisions of these TOU shall apply regardless of whether or not the agreement has come to an end, no matter the cause of termination, except for provisions which naturally expire upon termination or deletion of the Account. In all other cases, the validity and/or force of the obligations set out herein and which are binding for the User as soon as she/he registers shall be imprescriptible, regardless of whether:

-  the User Logs out of the Application
-  the User Uninstalls the Application
-  Or whether iicontact terminates the Account

4. The conditions under which the User uses the Application – i.e. the charged or free-of-charge option – shall not have any effect on the validity or binding force of these TOU.

5. iicontact reserves the right, unilaterally and at any time, to end, add to or amend these TOU as it sees fit.


6. When TOU are updated, the User is required to read them and ensure that she/he is fully aware of any changes ensuing from those updates. The User may be held liable and shall not be released from her/his obligations if she/he is unaware of the updated version of these TOU.

Any User who does not wish the contractual relationship to be subject to the new version of the TOU must notify iicontact of this, and must cease to use iicontact's Services from the date on which the new version becomes effective. Acceptance of changes is implied by the User's continued use of the Application's Services following the update.

7. The new TOU shall be effective immediately for all users.


 
Arbitration
1. In the event of a dispute, the User must firstly approach iicontact in order to settle the dispute agreeably.

Any dispute related to or linked to the formation, interpretation, performance or expiry of these TOU shall be subject to French law.

2. Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOU or in relation thereto shall be governed by the sole jurisdiction of the Paris Commercial Court (Tribunal de commerce).

3. In the event of a dispute, neither iicontact nor the User are authorized to disclose information about the agreement which binds them, and each party undertakes to comply with a confidentiality clause which requires them to opt for confidential negotiations in the event of a disagreement.


Registration
The Application is available on the Apple App Store and Google Play Store, on iPhones running version iOS 6.0 or higher, Android Smartphones running version 4.2 (Jelly Bean) or higher.

Provided that all pre-requisites are met, the user shall be assigned a personal Account at registration:
• A personal attributes page
- A personal instant messaging account

The user creates an account by providing iicontact with a user name and a password.

The User must be over 13 years old

Upon registration, the user must accept these TOU and comply to the User’s Code of Conduct described hereafter.

Services and Features
1. The Application provides iicontact Users with a powerful tool enabling users, who have physically crossed paths in real life, seen each other, had good vibes and are willing to meet again, to reconnect. Each User is free to talk to and form relationships with other Users in compliance with these TOU.

The Service offered by iicontact may in no case be likened to a counselling or marriage bureau service. Its sole aim is to enable reconnection through the Application of two users willing to meet again after having physically met in real life.

2. All of iicontact's services are made available to the User who complies with these TOU, including:

• Unlimited searches
- Updating searches
• Unlimited messages once reconnection is completed
- completing and updating user’s attributes
• Confidentially reporting a User breaching the code of conduct;
• Receiving notifications;

Data Protection
1. Collection
Sign up: At registration, the user is not required to provide personally identifiable information related to names, age and postal mail address. When registering, the user is only required to define a username and a password.

Login : the user gets access to iicontact services with her/his username and password. The user might also use Facebook connect to log in to the Application.

Notification : The User may also provide iicontact with an email to receive notifications. In all cases, the User's e-mail address, shall not be visible or available to other users.

Location Data: The User might grant iicontact a permission (not mandatory) to collect and process her/his geolocation. If such an explicit consent is provided, iicontact may access the User's position. The precision depends on the network technology used by the user. The User is free to withdraw her/his consent at any time, and may exercise her/his right of correction by writing to the email address provided hereafter.

Messages : Messages data are processed by iicontact's servers solely in order to provide the Service enabling a conversation between two users. Messages are strictly private and shall only implicate the two Users exchanging those messsages. In the event that content is reported, iicontact reserves the right to block content which is illegal or indecent. However, no managers or employees hold or exercise any rights to view these conversations, including those authorized to process data and community moderation system reports.
Moreover, these strictly private Messages shall not be accessible to other Users who have not participated in such Messages, or to unregistered internet users or third parties.

User’ attributes : In order to maximize the chance of being reconnected, the user shall specify both her/his attributes as well as those of the searched user, including :
- Gender. iicontact collects this data and undertakes to comply with Article 8 of the French Data Protection Act (loi Informatique et Libertés) of 6 January 1978, particularly in relation to sexual preference which is classified as sensitive data
- Age bracket (not mandatory)
- Height (not mandatory)
- Eyes colors (not mandatory)
- Hair color and length (not mandatory)

Mobile : When the User uses the Application, iicontact collects server logs which may include information such as IP addresses, operating systems or application crashes. iicontact cannot access the Users' browsing history.

Confidentiality : iicontact ensures that the data provided by the user is strictly invisible to other users and third parties. iicontact cannot be held liable for data published on its platform which is disclosed by a third party.

Sensitive Data : Some data are legally classified as 'sensitive' pursuant to Article 8 of the French Data Protection Act no. 78-17 of 6 January 1978. The User must grant her/his express consent for such data to be processed.

There is no default assumption on the user sexual preference. Therefore, when posting a search with the Application, the User is required to provide data such as her/his gender and the gender of the person searched for.

The User may decide to provide sensitive data related to her/him, especially in the “more about” free text forms, including but not limited to, her/his ethnic origin, and thereby expressly consents to the collection of such sensitive data.

In this respect, iicontact strictly complies with the procedures imposed by the CNIL (French Data Protection Authority) in relation to sensitive data.

User Rights : In accordance with the French Data Protection Act no. 78-17 dated 6 January 1978, known as Loi Informatique et Libertés, each User has the right to access, correct and contest her/his personal data.
iicontact will deal as promptly as possible with any request to comply with personal data protection rules. Subject to proof of identity, Users may exercise their rights by sending a note to the e-mail address mentioned below.

• The right to access allows the User to ask iicontact for data pertaining to him/her in an accessible format, based on Article 39 of the French Data Protection Act.

• The right to correct grants the User the right to ask iicontact to correct, add to, update or delete any personal data pertaining to him/her which is inaccurate, incomplete, ambiguous, out-of-date, or whose use, communication or storage is prohibited based on Article 40 of the French Data Protection Act;

• The right to contest grants the User the free-of-charge and discretionary right to contest the use of its data by iicontact for the purpose of commercial prospection, based on Article 38 of the French Data Protection Act.

With regards to Facebook Connect, these rights may only be exercised within the limits of iicontact's scope of responsibility as some of the data sent to iicontact by Facebook Connect need Facebook's assistance to be corrected.

2. Processing
Personal data shall not be monetized. This undertaking applies to the past, present and future, and to all of the personal data which iicontact collects.

Only selected iicontact employees and managers will process this personal data, with the sole purpose of improving the Application, and in the ongoing interest of complying with the rules regarding the protection of Users' personal data.

iicontact may enter into agreements with a limited number of authenticated and reliable third party companies, which involve providing entirely anonymous data in order to prepare usage and/or viewing statistics for the Application. These agreements will comply with Users' rights and privacy, and their sole purpose is to improve the quality of the Application and Services to the exclusion of any marketing purpose.

3. Storage
iicontact will store the User's data for as long as required in order for the User to use her/his Account.

iicontact undertakes to make every effort and to invest all means at its disposal in order to guarantee that the stored data is as secure as possible. It is however the User's responsibility to take appropriate action in order to protect her/his data.
iicontact shall not collect data from children under 13 years old. Should a User lie about her/his age, and particularly in case she/he fraudulently claims to be over 13 years old, for the data to be deleted the parents need to inform iicontact via email to the email address below. iicontact undertakes to delete all data as promptly as possible.


4. Transfer
When registering, the User expressly consents to her/his data being eventually hosted on servers outside her/his country for proper provision of the service.

5. Data related to Geolocation
Geolocation is used in order to compare searches and hence enables the reconnection of two users who have effectively met in real life. iicontact does not however plot its Users' movements, and reiterates that it will only record points at which users have met. Neither iicontact's departments as a whole nor the employees and managers who process personal data are aware of the User's exact movements.

These crossing points shall not provide details of the User's movements to other iicontact Users or to non-registered internet users and third parties who do not have access to any data published on iicontact.

The Application records its Users' position in order to display their proximity to one another and encourage virtual and real-life meetings between those in the same area who may be interested in one another.

The User's exact location and movements are not visible to other Users at any time.

6. Declaration to Data Protection Authority
As data are collected from the users, iicontact has submitted a declaration to the French Data Protection Authority (CNIL) under the registration number 1957322.

In the interest of upholding its Users' privacy and protecting the data collected, iicontact complies with current legislation on the protection of Users' personal data.

Obligations and Liability
1. Platform

iicontact agrees to provide the infrastructure and technical resources in order to provide the Users with a high-quality Service. The service is supported by iPhone devices running iOS 6.0 or higher, and Smartphone running Android 4.2 (Jelly Bean) or higher.

iicontact cannot be held liable for any operating fault on the User's device or for any compatibility issue between the Application and the device.

Every effort is made to ensure that the risks of fraudulent access to iicontact's system are minimized. iicontact therefore uses a firewall or equipment located between the internet and the Company's private network, in order to make its security more robust by filtering traffic to and from the internet. It is however impossible to fully guarantee the security of a network.

iicontact is not responsible for any failures, interruptions or poor performance of the User's internet provider services, or for any cause beyond iicontact's control which might interrupt or have an adverse effect on access to iicontact Services.

The User must have access to a secure e-mail account. If such a precaution is not taken, or even if it is, the User's Account may, in some rare cases, be targeted by fraudsters.

iicontact shall also endeavour to avert any exceptional risk to Users of receiving spam Messages or Messages claiming to have been sent by iicontact. The User must ensure that she/he reports any of the above circumstances to iicontact by sending an e-mail to email address below.

2. Illegal Conduct
iicontact and its partners cannot be held liable for actions by its Users which are illegal or which incur criminal penalties, including but not limited to:
• All types of scams
• Prostitution
• Identity theft
• An infringement of a third party intellectual property right.

iicontact has a legal obligation to keep records of all content for one year, in order to be able to provide the competent authorities with content likely to fall into the above categories in the event of a dispute.

3. Moderation
Some users might not comply with these TOU and in particular with the code of conduct. As a hosting provider, iicontact does not have any legal obligation to monitor the content sent or stored via the Application, pursuant to Article 6, I, 7° of the French Trust in the Digital Economy Act dated 21 June 2004. iicontact's only obligations as regards the prevention of certain content is against abhorrent content, for which iicontact in particular has set up a community reporting system which enables Users to:

• Delete an active messaging session with User whose conduct does not meet acceptable social standards in order to end any communication with them
• Report abhorrent content that contradicts intellectual property law or that is more generally illegal and/or contrary to the provisions of these TOU by sending an email to contact@iicontact.net. This function is confidential. Any User who has been reported may be excluded from the Service in accordance with the provisions of the Article below “Termination of the account”, or may risk being subject to legal proceedings under which they may have to pay damages to their victims.

This reporting feature is available and operational for an active messaging session, i.e once connection is set-up.

When a User is reported, iicontact undertakes to process the report as a priority and as soon as possible in order to prevent the Application from continuing to be used for any disorderly conduct. In the case of clearly illegal content, in accordance with its legal obligations as a hosting provider, iicontact undertakes to remove this content based on Article 6, I, 8 of the French Trust in the Digital Economy Act of 21 June 2004.

Any misuse of the community moderation system or any unjustified reporting of a User shall be considered a breach of these TOU, and penalties may be imposed including Account suspension, Account cancellation or even legal proceedings under which damages may have to be paid to victims.

4. Duty of Caution
The User is solely liable for checking the identity of the people with whom she/he wishes to organize a 'real-life' meet-up. iicontact cannot be held liable for any problems whatsoever arising from a 'real-life' meet-up.

Code of Conduct

1. Registration
In order to become a User, all of the following conditions must be met:
• The User must not be under 13 years old;
• The User's Facebook profile information must be honest and truthful. The User must have provided her/his age. It is the user responsibility to correct any error related to her/his age on her/his Facebook profile, and to activate syncing of information between her/his Facebook profile and her/his iicontact Account;
• Not to have already been subject to penalties leading to the deletion of her/his Account;
• Have read these TOU and have accepted them when confirming her/his registration.

iicontact does not have a legal obligation or the technical resources to verify the identity and age of Users. However in the event of any uncertainties or cause for suspicion, or following the use of the 'report' feature by a third party pointing to an identity theft or fictitious or incorrect information, iicontact shall conduct an investigation as swiftly as possible and may correct the information provided where necessary without misrepresenting the User's account.

For the duration of the investigation, iicontact reserves the right to suspend the Account of any User giving cause for suspicion as well as her/his access to the Application, and to conduct the necessary checks, in particular by asking him/her to send an official identity document.

Should the User be unable to provide said proof, or in the case of a proven offence under these TOU, iicontact may cancel the Service for the User in question in accordance with the conditions set out in Article “Account Termination” hereof.

2. Use
In order to remain a User, all of the following conditions must be met:

• Be honest and truthful in her/his statements.
• Respect the private nature of content and conversations exchanged with other Users through the Application, and therefore refrain from disclosing the content of such Messages.
• Refrain from violating intellectual property laws.
• Refrain from disrupting public order.
•  Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.
• Comply with current laws and regulations.
• Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.
• Refrain from infringing upon accepted social standards and standards of politeness with other Users.
• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from using robots or tools other than those provided by iicontact when using the Application to contact other Users.
• Refrain from using the Application to organize escort services.
• Refrain from approaching other Users with the aim of promoting paid services or products.
• Refrain from disclosing her/his login information to other Users, particularly the username and password used to access her/his Account.
• Refrain from advertising or encouraging in any way the use of any other service, whether or not this is a competing service, and refrain from committing any offence relating to unfair competition.

The User undertakes to use iicontact solely for personal use. The iicontact network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the iicontact inbox, including but not limited to content, guidelines or hyperlinks to third party sites or materials, particularly those of iicontact's competitors.

3. Liability
The User is liable for her/his own actions and for the data that she∕he publishes via the Application.

Should iicontact be held liable for any failure by the User to comply with its obligations, the User shall hold iicontact harmless against any conviction made against it regarding the User's infringement of the law or of these TOU.

iicontact shall not conduct any moderation of the content published by Users which is shared through the Application. In particular, iicontact's teams shall not check any text or content such as hyperlinks posted by Users. The User may report unlawful content which infringes upon French law or these TOU using the moderation tools provided by the Application.

4. Account
The User must regularly check out notifications, which iicontact will use to keep the User updated. This information may also be sent to the User's e-mail address if shared with iicontact.

The User may access her/his Account Services by connecting to the Application using a confidential username and password. The User is solely responsible for her/his login information and any use of this information by a third party. The User shall specifically hold iicontact harmless against any communication, use or declaration made using her/his Account.

5. Equipment
The equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the User. The User is solely responsible for the hardware used to access the Service.

4. Real-life Meet-ups
iicontact advises Users who wish to organize 'real-life' meet-ups to be vigilant. Users are solely responsible for verifying the identity of those with whom they meet. 'Real-life' meet-ups are organised independently of iicontact and are the sole responsibility of Users. iicontact cannot be held liable for any acts or problems of any type which have been committed or caused by Users and/or former Users when such events occur after use of the Application. As regards the people with whom the User has agreed to exchange Messages, it is recommended that Users do not too readily reveal personal information such as a phone number, address or surname. For safety reasons, iicontact strongly advises, that real-life meetings are organized only in busy public places or that a friend or relative is informed of the meeting.

Communication
The User may receive push notifications through the Application to notify him/her of important events, including but not limited to:
• The detection of one or more eligible searches matching the specific search posted by the user
• the connection with another user
• a message received from another user
• a message from iicontact related to the user’s account

The User may change her/his push notification preferences through her/his Account.


Intellectual and Industrial Property
1. Trademark

The iicontact trademark is exclusively owned by IICONTACT (SAS or Simplified Joint Stock Company registered with the Paris Trade and Companies Registry under the number 819 961 020), and iicontact holds all of the related rights. The trademark has been registered with the French National Institute for Industrial Property (Institut National de Propriété Industrielle) under the number 4248163 and the World Intellectual Property Organization.

Any reproduction and/or usage and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (this list is not exhaustive) the Application's slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without iicontact's prior, explicit and written authorization, may lead to legal proceedings.

The trademark is protected by Articles L713-2 et seq. of the Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

2.  Copyright
The original works provided by iicontact are exclusively owned by IICONTACT SAS (Simplified Joint Stock Company registered with the Paris Trade and Companies Registry under the number 819 961 020), and IICONTACT holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without iicontact's prior, express and written authorisation, and legal proceedings may be brought.

These original works are protected by Articles L335-3 et seq. of the Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

Unfair Competition
The following acts are strictly prohibited: the design of a product similar to the Application or the creation of a derivative, and more generally being guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. iicontact reserves the right, in this case, to serve a writ on the User in question.

Any User who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk considerable legal penalties.

End of the Agreement
1. Uninstallation of the Application
The User may uninstall the Application from her/his mobile at any time without notice, In this case, the User shall have no further access to the Application unless she/he downloads it again.

2. Termination of the Account
The agreement between iicontact and the User may be terminated, as of right, by iicontact at any time should the User fail to comply with these TOU. In the event of a serious offence, the User will be banned by the moderation team.

Once the Account has been terminated:
• The User's data shall be retained for one year of this date, as regards in particular the legal obligations incumbent upon iicontact;
• The User cannot reactivate her/his old Account.

iicontact may automatically and immediately terminate the agreement for any serious offence which includes any distribution of content which is against the law or against public policy or decency.


Contact
Users can contact iicontact at
post address : iicontact SAS - 14 Passage du Guesclin, 75015, Paris, France
or
e-mail address: contact@iicontact.net