General Terms and Conditions of Use updated on 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
          • Registered office: 40 avenue du Général de Gaulle, 92360 Meudon La Forêt, France
          • Registered with the Nanterre Trade and Companies Register under no. 830 613 873
          • Email address : contact@yousoon.com
          • Intracommunity VAT number: FR95830 613 873
          • Publication manager: 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 referred to as the "GTCU") is to define all the conditions of use of the Application by users (hereinafter referred to as the "Users") who have the status of consumers under the provisions of the French Consumer Code.
      2. In accordance with legal provisions, a consumer is defined as any natural person who, when placing an order, is doing so for purposes that are not part of his or her professional activity.
      3. The Company makes the Application available to Users, enabling them to benefit from a range of services (hereinafter the "Services") as described in article 4 below.
      4. The GCU are accessible to Users when they register on the Application. Acceptance of the GCU by the User implies acceptance of all the terms and conditions of the GCU.
      5. The Terms and Conditions are also available on the Application in the "Settings" section.
      6. These Terms and Conditions are updated regularly, and the applicable Terms and Conditions are those in force when the User registers on the Application.
      7. THE APPLICATION MAY ONLY BE USED BY PEOPLE AGED EIGHTEEN AND OVER.
    2. TECHNICAL RESOURCES
      1. Before using the Application, Users must ensure that they have the technical and IT resources to use the Application and the content available on the Application, and that the operating system of their 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 does not contain any viruses.
      3. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content ("Content") appearing on 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. Downloading and registering for the Application is free on the App Store and Play Store.
      2. To be able to use the Application, the User will be invited to create an account via :
        • their 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 photograph of the Facebook account, the surname, first name and age deduced from the User's date of birth to create his/her profile, public contacts and access to the Instagram account.
      3. Users will be asked to fill in a form and provide the following information to create their profile (hereinafter referred to as the "Profile"):
        • general information: Profile photos, first name, email address, password (except when registering 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, level of education, ethnic origin, religion, family situation.
      4. The User will be asked to create a username and password (unless registering 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 it can block access to the User account and allow the User to create a new username and password.
      5. Any fraudulent downloading of the Application, or downloading presumed to be fraudulent by the Company, will be considered null and void.
      6. Users may delete their account at any time in the Application settings.
    4. SERVICES
      1. The Application enables Users to be presented with the Profiles of other Users, according to their communities of interest, their geographical distance and the criteria provided at the time of registration. These search criteria can be modified at any time in the Application. Each User may validate or invalidate a User Profile that interests or does not interest them. If two Users are interested in each other, the Application will enable them to be put in contact with each other. Users may communicate via the Application's internal messaging system.
      2. The Application provides Users with the following Services:
        • Presentation of Profiles in the Application and the possibility of validating Profiles.
        • Reporting of one or more Users whose behaviour is contrary to these GTCU or to any applicable law, or confidential blocking of one or more Users;
        • Use the Application's internal messaging system to send files (photos, videos, etc.);
        • Consultation of the list of linked and rejected Users and their Profiles, the possibility of placing certain User Profiles in "Favourites" and of making personal comments on each User Profile to which only the User who has commented will have access; deletion of the list of favourites, linked User Profiles, personal comments and conversations from the internal messaging system;
        • Modification of search preferences and physical and social information transmitted (except email or gender) ;
        • Receive notifications from the Application's internal messaging system, with the option of activating or deactivating these notifications;
        • Geolocation can be activated and deactivated at any time according to the information on the smartphone;
        • Suggestion of locations according to the geolocation of each User with a view to a physical meeting;
        • Suspension and deletion of the User account ;
        • Automatic deletion of Profiles detected or reported as undesirable or contrary to these GCU and applicable laws;
        • Possibility of modifying a message if the person has not yet read it;
        • You can choose where you want to meet;
        • You can exclude yourself from a venue temporarily or permanently.
    5. OBLIGATIONS OF THE USER
      1. The User undertakes to respect the terms of these GCU and to respect 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 GCU. In this respect, the User agrees to refrain from:
        • use the Application in any way that is unlawful, for any purpose that is unlawful or for any purpose that is incompatible with these GTC;
        • use the Application to publish abusive, 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; incitement to discrimination or racial hatred, and more generally that could be contrary to the laws and regulations in force, to these rules of use and to public decency and order;
        • proselytising on ideological, political, religious or ethnic grounds;
        • attempting to mislead other Users by usurping the surname, first name or pseudonym of other people;
        • broadcast messages of a violent and/or pornographic nature;
        • sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the Content appearing on the Application or decompile, modify, display in a form readable by the User or attempt to discover any source code of the Application;
        • attempt to obtain 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 deteriorates the functionality of the Application;
        • using the Application for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to access the Application in an unauthorised manner;
        • use software robots or any other automated system to consult, record or modify data on the Application;
        • harm the image, privacy or personal data of other Users or third parties;
        • denigrate the Company and/or the Application on social networks or any other current or future means of communication;
        • use the Application for the purposes of prostitution or for any other reason contrary to public order and/or morality.
      4. All Users of the Application also undertake 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 as part of the Application;
        • integrate all or part of the Content of the Application into a third-party application or website, for commercial or non-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 can be used to reconstitute all or part of the original files;
        • The use of data retrieved or downloaded from the Application for commercial purposes or for distribution to the public is strictly prohibited, subject to civil and criminal penalties.
      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 distribution to the public is strictly prohibited, subject to civil and criminal penalties.
      7. If, for any reason whatsoever, the Company considers that a User is not complying with these GCU, the Company may, at any time and at its own discretion, remove the User's access to the Application and take any measures, including legal action, against the User.
    6. ACCURACY AND TIMELINESS OF INFORMATION
      1. All Users undertake to ensure that any information they provide, particularly information about themselves, is appropriate, accurate, up-to-date and complete.
      2. The User acknowledges that the Company does not have the material resources to check the accuracy of all the 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, integrity or quality of information transmitted by Users.
      4. The Company may not under any circumstances 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 errors or omissions, or for any loss or damage resulting from its use, transmission via the internal messaging system or in any other way via the Application.
      5. Users are invited to inform the Company if they consider that one or more items of content offend public decency or public order or directly harm them.
    7. RESPONSIBILITIES
      1. The Company is not liable for any indirect or consequential damage as defined by the case law of the French courts that the User may suffer in the performance of these GCU and cannot be held liable in the event of an act of God as defined in article 11.1, the act of a third party beyond its control or the act of the User.
      2. Under no circumstances may the Company be held liable for any misuse of the Application by Users.
      3. Users are solely responsible for their actions on the Application and for the information and photographs transmitted to the Application and via its internal messaging system.
      4. The Company may not 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 meetings between Users. It is the User's responsibility to check, where necessary, the identity of the User with whom a real meeting is planned; in particular, to plan meetings only in very busy public places, to always inform a close friend or relative of the planned meeting, the place and times and the contact details and identity of the User with whom the meeting is planned.
      6. Similarly, the Company strongly recommends that Users do not transmit any 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 entered into a contract.
    8. PROTECTION OF PERSONAL DATA
      1. The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated 6 January 1978 as amended by the Law 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 came into force on 25 May 2018 ("RGPD") are located in an appended document entitled "Privacy Policy" accessible on the Application in the Legal Information 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 law and thus expressly waives his/her right to withdraw.
      2. The User may nevertheless ask the Company to delete his User account at any time by email to the following address: remove@yousoon.com or via the Settings section of the Application.
    10. APPLICABLE LAW AND JURISDICTION
      1. These GCU shall be 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 connection with 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. In particular, the User may contact the mediator at the following address mediation.conso@mediation-net.com
      3. The User is hereby informed that :
        • For the dispute to be examined by the mediator, the User must prove 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/her written complaint to the Company.
      5. Finally, if this mediation procedure fails or if the User wishes to take the matter to 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 French Civil Code, insofar as these events prevent the performance of the GCU by the party invoking them.

        1. Autonomy of clauses

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

        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 GCU.

  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, France.
      • Send an email to the following address contact@yousoon.com