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T E R M S A N D C O N D I T I O N S O F U S E
Last update: 16/02/2024
PREAMBLE
FLASHGAP runs an Application for smartphones or tablets called "Fruitz" offering dating
services that encourage contact and meetings between Users who are in close
geographical proximity.
The purpose of these Terms and Conditions of Use is to determine the characteristics,
terms and conditions of use of the Application, as well as to define the rights and
obligations of any User of the Application.
The Application is available on the App Store and on the Play Store, which require the
use of the User's own connection details for these services and is accessible to any
User with Internet access via their smartphone or tablet.
By clicking on the button "Connect with Apple", "Connect with Facebook" or "Connect
by SMS", the User expressly accepts in full, without condition or reservation, these TCU.
These TCU can be viewed at any time on the Application in the "Settings" tab and also
on the Fruitz website at https://fruitz.io/terms.
1.
DEFINITIONS
1.1.
General definitions
In these TCU, including the Preamble, the following terms, whether used in singular or
plural, shall have the following meaning:
App Store
The platform for presenting and downloading applications made
available by Apple Inc. or one of its group companies for mobile
devices running the iOS operating system, the use of which is subject
to the contractual provisions of Apple Inc. or one of its group
companies, which the User declares that he/she is aware of and that
he/she has accepted prior to downloading the Application.
Application
The mobile software application called "Fruitz", operated by
FLASHGAP, available for download on the App Store and Play Store.
TCU
The present Terms and Conditions of Use.
Code of
conduct
The Users Code of Conduct as defined in Article 6 below.
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Account
The personal space dedicated to the User to which he/she has
access by registering and logging on to the Application. It allows the
User to access the Services.
Content
Any element that may be communicated by the User through the
Application, in particular opinions, comments, data, images,
information, photographs, words and expressions.
Facebook
Connect
A functionality that allows Users to use their Facebook account to
identify on the Application and simplify the registration process.
FLASHGAP
The company FLASHGAP SAS, with a capital of 26 232,00 EUR
registered under the number 805 232 352 at the RCS of PARIS,
Intracommunity VAT number FR47805232352, whose head office is
located at 5 rue du Pont aux Choux 75003 Paris, represented by its
President, Julian KABAB.
Notification
push
A written notification triggered by the Application that appears on
the User's smartphone or tablet screen.
Play Store
The application presentation and download platform provided by
Google LLC or one of its affiliates for mobile devices running the
Android operating system, the use of which is subject to the
contractual provisions of Google LLC or one of its affiliates, which the
User declares that he or she is aware of and has accepted prior to
downloading the Application.
Services
All the services offered by the Application and defined in Article 2 of
these TCU, whether or not they are subject to a charge, to
encourage virtual or real meetings between Users who have crossed
paths and are of mutual interest, according to the search criteria
selected.
Fee-based
services
Paid Services as detailed in Article 5.
User
Any person who has created an Account on the Application.
Woman user
Female user in terms of marital status.
Men user
Male user in terms of marital status.
1.2. Definitions specific to the Application
In these TCU, including the Preamble, the following terms, whether used in singular or
plural, shall have the following meaning:
Fruitz Golden or
Fruitz Premium
subscription
A subscription that triggers access to additional features as
detailed in Article 5.
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Confirmation of
message reading
Paid functionality allowing to know via a mark (type check) if the
User, recipient of a Message sent in a private conversation,
received it and read it.
Crushnote
An action that allows you to write a Message directly on your
Profile for a specific User. The Message will only be visible to the
recipient User. Its action is not secret and triggers the sending of
a Push Notification.
Discoveries
The action of discovering the Fruits of other Users. Female Users
have unlimited Discoveries and can always find out the Users that
are interested in them.
Fruit
Symbol of a User's desire, namely:
- Cherry: to find your other half;
- Grape: for a glass of wine without headache;
- Watermelon: for recurrent cuddles without hitting a snag;
- Peach: for or a sinful desire.
Like
Action symbolised by a heart to express the User's interest in
another User's Profile.
Message
Written message from one User to another via the Application.
Only Users who have had a Smoothie and who have both
answered the Juicy Question can engage in the "Chat" action
and send each other text messages. Messages are visible in the
messaging system accessible from the top right icon on the
"home page".
Pack of
Crushnotes
A package of Crushnotes purchased by the User under the
conditions of Article 5.1.
Pass
The action symbolised by a cross to express the User's lack of
interest in another User's profile. This action is secret and does not
trigger the sending of a push Notification.
Pollen
The User who uses the Pollen will see his Profile highlighted to other
Users in geographical proximity having the same Fruit as him.
Profile
The profile sheet on which the information relating to the User is
visible.
Back to the past
A paid functionality that allows the User to return to past Profiles
up to the last Profile liked.
Juicy question
The Juicy Questions take place after each Smoothie. One of the
two Users, the first to choose, selects a question from ten
suggestions made by the Application. Once both Users answer it,
they can chat normally.
Smoothie
Represents the mutual interest between two Users who have both
"liked" each other's Profiles.
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2.
DESCRIPTION OF THE APPLICATION
2.1.
Description of the Services
The Application provides Users with fun, user-friendly and respectful services that allow
making contact and meeting other Users according to their location and preferences
of the Users, either virtually or in real life, between those of mutual interest.
The purpose of the Services is to establish, through the Application, the most pleasant
connections possible to conduct real meetings for personal purposes. Each User is free
to discuss and establish relationships with other Users in accordance with these TCU.
Under no circumstances may the Services be considered as marriage counselling or
brokerage activities.
2.2. Support for the reception of Services
The Services are accessible to any person with Internet access on a smartphone or
tablet with a recent version of the IOS or Android operating system, subject to
downloading the Application from the App Store or the Play Store, as the case may
be.
The Application allows access to all the Services, subject to payment, if any.
All costs associated with accessing the Application, such as costs associated with paid
features and hardware, software or internet access costs, are the sole responsibility of
the User.
3.
MEMBERSHIP AND ACCESS TO SERVICES
3.1.
Conditions of access to the Services
Access to the Services is reserved, under their sole responsibility, to Users who meet the
conditions described in Article 6.1 below and who have previously accepted these
TCU.
By pressing the button "Connect with Apple", "Connect with Facebook" or "Connect
by SMS", the User expressly accepts in full, without condition or reservation, these TCU,
in particular those mentioned in the User Code of Conduct defined in Article 6 below.
The User can freely consult these TCU at any time on the Application by clicking on
the "Settings" tab and also on the Fruitz website via the URL http://www.fruitz.io/ terms.
3.2.
Creating an Account
Access to the Application requires, after downloading, the creation of an Account.
An Account can be created:
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• Via Facebook Connect, which allows FLASHGAP to use the User's first and last
name, gender, age (deducted from the date of birth) and email address to
create a Profile. Consequently, the User must verify the authenticity of his
information on Facebook before registering for the Services.
• Via the User's Apple ID or via SMS. In this case, the User must enter the
information attributed to him/her on his/her civil status, namely his/her first
name, gender and date of birth.
The User then identifies himself to access the Services by the same means as when
creating the Account, namely by Facebook Connect, the User's Apple ID or via SMS.
Subject to the validation of his Account, he thus benefits from permanent and secure
access to his Account.
3.3. Audit of accounts
FLASHGAP uses a combination of automated systems, user reports and a team of
moderators to monitor accounts and content to identify breaches of these TCU.
In case of suspected breach of these TCU, and more specifically of the Code of
Conduct defined in Article 6 below, the Account may be suspended at any time in
order to verify the existence of such breach.
As part of the above-mentioned verification, FLASHGAP may ask the User in question
for information intended to assess compliance with the TCU and the above-
mentioned Code of Conduct, including personal data such as the telephone number
and/or the email address associated with the User's Account in order to get
authenticated.
In case of confirmation, the Account in question may be automatically deleted by
FLASHGAP and the User in question may be banned from the Application.
In any case, FLASHGAP reserves the right at its sole discretion to terminate or suspend
any Account, restrict access to the App, or make use of any operational,
technological, legal or other means available to enforce the Terms (including without
limitation blocking specific IP addresses).
For users residing in the European Union (“EU”), we will notify you when we take action
against your Account or Your Content (defined below) unless it is not appropriate for
us to do so (for example, we are not permitted by law enforcement agencies). For all
other users, we may take such action, at any time without liability and without the
need to give you prior notice.
If you believe that FLASHGAP has made a mistake in taking action on your Account
or your Content, you can appeal using the processes outlined within the App or by
sending an email to the following address: contact@fruitz.io.
For users residing in the EU, you have additional rights under the Digital Services Act to:
(i) access third party out-of-court dispute settlement processes; (ii) seek remedies from
the courts in the EU member state in which you live; and (iii) lodge a complaint with
your local EU regulatory authority.
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3.4. Account security
The User Account is strictly personal to the User.
The User may only have one Account. The use of the Services through multiple
Accounts constitutes a serious breach of these TCU.
Similarly, the login details of the Facebook account or Apple ID are personal and
confidential. The User is solely responsible for their use.
The User is solely responsible for the consequences of the use of his Account and
acknowledges that any connection or data transmission made using his login details
will be deemed to have been made by him.
3.5. Receipt of unwanted or fraudulent emails
The User undertakes to protect himself against any exceptional risk of receiving
unwanted emails or emails allegedly coming from FLASHGAP.
The User must be alert and vigilant in order to warn FLASHGAP by sending a letter or
an e-mail to the addresses communicated in Article 17 hereof.
4.
FREE SERVICES
Some Services are available from the Application free of charge (excluding hardware
and software costs, connection costs and telecommunications costs) to the User,
including:
• Sending of 30 Likes per 12 hours;
• Sending of 3 Crushnotes offered at the time of registration;
• Discovering of Fruit from 3 Users per day for Male Users and unlimited for
Female Users;
• Unlimited sending of Messages in case of Smoothie and in case of answer of
the 2 Users to the Juicy Question;
• Unlimited change of your desire (i.e. your "Fruit");
• Possibility of passing on an unlimited number of Users within the limit of the
Users present on the Application corresponding to the search criteria of the
User;
• Confidential blocking of any User as described in Article 6.7 below;
• Possibility of confidentially reporting any User whose behavior is contrary to
these TCU or to the applicable law;
• Configuration of search preferences;
• Consultation of the FAQ without limitation;
• Possibility of knowing the remaining number of Crushnotes;
• Possibility of completing the Profile, in accordance with these TCU;
• Possibility to delete Messages.
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5.
FEE-BASED SERVICES
5.1.
The Packs
Packs of Crushnotes
Packs of Pollen
Pack of 3 Crushnotes
Pack of 1 Pollen
Pack of 15 Crushnotes
Pack of 5 Pollens
Pack of 30 Crushnotes
Pack of 10 Pollens
Unlimited Crushnotes pack allowing the
User to use Crushnotes until the account is
deleted.
Pack of 25 Pollens
Crushnotes and Pollens have no expiry date and can be used at any time after
payment until the account is deleted.
5.2. Other paid features
Back to the past
Confirmation of message reading
Functionality unblocked until the account
is deleted.
Functionality unblocked until the
account is deleted.
5.3. Fruitz Golden or Fruitz Premium subscriptions
Fruitz Golden
Fruitz Premium
Subscription period:
- 1 month
- 3 months (billed in 3-month
increments)
- Unlimited
Subscription period:
- 1 month
- 6 months (billed in 6 months
increments)
- 12 months (billet in 12 months
increments)
Features included:
- Ability to filter other Users' Profiles by
Fruit;
- Ability to find out which other Users
have liked the subscribed User's
Profile;
- The subscribed User's Profile is
highlighted to other Users in their
geographical vicinity who have the
same Fruit as the subscriber;
- In case of Smoothie, the Subscribed
User will be offered additional Juicy
Features included:
- The subscribed User's Profile will be
highlighted to other Users in their
geographical vicinity who have
the same Fruit as the
subscriber;
- In the event of a Smoothie, the
subscribed User will be offered
additional Juicy Questions that
may encourage a response from
the other User;
- Possibility of sending an unlimited
number of Likes;
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Questions that may encourage a
response from the other User;
- Possibility of sending an unlimited
number of Likes.
- Unlimited number of Discoveries;
- Send an unlimited number of
Crushnotes.
Unless revoked by the User, a Fruitz Golden or Fruitz Premium Subscription taken out will
be automatically renewed on expiry for a new period equal to its initial duration.
Deletion of the Account by the User or uninstallation of the Application from the
smartphone does not cancel or remove any Fruitz Golden or Fruitz Premium
Subscriptions taken out.
To terminate a Fruitz Golden or Fruitz Premium Subscription, the User can at any time
access the subscription management settings in the App Store and Play Store as
shown below:
Cancelling a subscription on iPhone, iPad
or iPod touch
Cancelling a subscription on an Android
phone or tablet
- Open the Settings app.
- Touch your name.
- Touch "Subscriptions".
- Touch the subscription you want to
manage.
- Touch Unsubscribe.
- On your Android phone or tablet,
open the Google Play Store.
- Make sure you are signed in to the
correct Google account.
- Tap Menu "Subscriptions".
- Tap the subscription you want to
cancel.
- Tap Cancel subscription.
The cancellation of a Subscription does not give rise to any refund of the months
started.
FLASHGAP has no control over the payment of Subscriptions, Packs or other paid
features. Therefore, as the App Store and the Play Store are exclusively responsible for
the payment conditions and operations and FLASHGAP has no right to refund the
purchase of paid Services, any request related to the payment must be addressed to
the relevant Store.
5.4. Terms and conditions of the offer
Paid Services made available via the App are accessible according to the pricing
conditions indicated in the App Store and the Play Store.
Paid Services purchased from the Play Store are incompatible with smartphones or
tablets running the iOS operating system. Paid Services purchased from the App Store
are incompatible with smartphones or tablets running the Android operating system.
As the Paid Services are payable from the App Store and the Play Store, the User must
address any request concerning the purchase or reimbursement of Paid Services to
the after-sales services of the latter.
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5.5. Scope of the offer
The Crushnotes and Pollens purchased are valid without restriction of duration subject
to the respect of the present TCU.
However, in case of deletion of the Account as detailed in Articles 9.3 and 10 below,
for any reason whatsoever, the Crushnotes and Pollens purchased are lost, without
any refund to the User concerned.
Crushnotes and Pollen Packs are cumulative with Fruitz Golden and Fruitz Premium
subscriptions. The number of Crushnotes and Pollen in each pack purchased is added
to the Crushnotes and Pollen previously registered in the User's Account.
Where a User purchases an Unlimited Crushnotes Pack, any Crushnotes Packs or other
paid Services purchased prior to the purchase of the Unlimited Crushnotes Pack will
not be refunded to that User under any circumstances.
5.6. Right of withdrawal
In accordance with the provisions of the French Consumer Code, the User has a period
of 14 working days from the date of delivery of his/her order to request from the App
Store or the Play Store the refund of any unused paid Services.
However, in case of full use of the Crushnotes or Pollens Packs (excluding the unlimited
Packs) before the end of the above-mentioned withdrawal period, the User expressly
agrees that FLASHGAP proceeds to the immediate execution of this service and
expressly waives his right of withdrawal in accordance with the provisions of Article
L221-28-1° of the French Consumer Code.
The Packs and Premium Subscriptions being payable at the App Store and the Play
Store, the User must exercise his right of withdrawal by informing the services of the
latter of his decision to withdraw by sending the withdrawal form provided for in Article
R221-1 of the said Code or any other unambiguous statement expressing his desire to
withdraw.
6.
CODE OF CONDUCT
6.1
Duty of loyalty and honestly in registration
In order to acquire the status of User, it is necessary to meet all the following conditions:
• Fulfil the conditions of majority as laid down by French law (be at least 18 years
old). The use of the App is strictly forbidden to people under the age of 18.
FLASHGAP monitor for underage use and will terminate, suspend or ask you to verify
your Account if it has reason to believe that you may be underage;
• To have never been convicted of a crime or an offence of a sexual nature or
involving violence;
• Not be registered in the automated judicial file of perpetrators of sexual and violent
offences (Fijais);
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For registration via Facebook Connect:
- To have filled in the information on their Facebook profile in a sincere and
truthful manner, namely, the surname and first name, gender and date of
birth as stated on their civil status;
- Failing this, the User undertakes to correct the errors on his Facebook
profile and to activate the synchronisation of information between his
Facebook profile and his Account;
For a registration by an Apple ID or SMS:
- To have filled in the information stated on his/her civil status in a sincere
and truthful manner, i.e. first name, gender and date of birth;
- Have uploaded a profile photo that physically represents the User and
allows him/her to be recognized;
• To regularly update the information communicated at the time of registration
by accessing his/her Account from the Application;
• To have read and accepted these TCU.
Any failure to comply with the above-mentioned obligations constitutes a serious
breach of these TCU which may result in the termination of the Account in
accordance with Article 10 below.
6.2.
Duty of honesty and fairness during use
All Users undertake not to:
• Communicate, disseminate, download or otherwise use Content
communicated or disseminated by another User through the Application,
without his or her prior written consent;
• Violate the rules of propriety and remain correct towards other Users;
• Act in an unlawful or disrespectful manner including being dishonest, abusive
or discriminatory;
• Use the App in any deceptive, inauthentic or manipulative way, including
engaging in conduct or distributing content relating to scams, spam,
inauthentic profiles or commercial and promotional activity;
• Use robots, tools, applications or software other than those made available by
FLASHGAP within the Application when contacting other Users;
• Disclose to other Users their connection details to the Application;
• Undermine the proper functioning of the Application or Services and / or
damage the reputation of FLASHGAP;
• Violate the rules of propriety and remain correct towards other Users;
• Copy, distribute or transfer technical data that he intercepts on the network in
connection with the Application;
• Submit appeals, reports, notices or complaints that are manifestly unfounded.
Users agree to use the Services in a safe, inclusive and respectful professional manner
and adhere to these TCU at all times.
Any breach of the above obligations constitutes a serious breach of these TCU that
may lead to the termination of the Account in accordance with Article 10 below.
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FLASHGAP shall not be held responsible for the use that other Users may make of the
Content communicated, broadcasted or made available to them by a User through
the Application, each User being and remaining exclusively responsible for the
decisions he/she takes and the choices he/she makes.
6.3. Personal use
The User undertakes to use the Application for personal purposes only.
The Application may not be used for commercial, promotional, electoral or
recruitment purposes, nor for the purpose of organising rallies or events.
The sending of messages for marketing or commercial purposes or newsletters via the
Application's messaging system which include Content, indications or hyperlinks
referring to sites or media of third parties, in particular competitors of FLASHGAP, is
strictly prohibited.
Any breach of the above-mentioned obligations constitutes a serious breach of these
TCU that may lead to the termination of the Account in accordance with Article 10
below.
6.4. Content dissemination
The User is solely responsible for the Content he/she disseminates through the
Application and FLASHGAP shall not be held responsible for the communication of
such Content.
Each User agrees not to disseminate Content which:
• Is illegal or encourages, promotes or incites any illegal activity;
• Is harmful to minors;
• Is defamatory or libelous;
• Itself or the posting of which, infringes any third party’s rights (including,
without limitation, intellectual property rights and privacy rights);
• Shows another person which was created or distributed without that
person’s consent;
• Contains language or imagery which could be deemed offensive or is
likely to harass, upset, embarrass, alarm or annoy any other person;
• Is obscene, pornographic, violent or otherwise may offend human
dignity;
• Is abusive, insulting or threatening, discriminatory or which promotes or
encourages racism, sexism, hatred or bigotry;
• Involves the transmission of “junk” mail or “spam”;
• Impersonates or intends to deceive or manipulate a person (including,
without limitation, scams and inauthentic behavior).
• Contains any spyware, adware, viruses, corrupt files, worm programs or
other malicious code designed to interrupt, damage or limit the
functionality of or disrupt any software, hardware, telecommunications,
networks, servers or other equipment, trojan horse or any other material
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designed to damage, interfere with, wrongly intercept or expropriate
any data or personal information whether from bumble or otherwise; or
• In any other way violates these TCU.
While FLASHGAP does not assume any obligation to pre-screen any Content, there
may be times where FLASHGAP needs to step in to help keep our App Users safe.
Therefore, FLASHGAP reserves the right to review, pre-screen, refuse and/or remove
any Content, including Content exchanged between Users in Messages, that is
contrary to these TCU.
Any failure to comply with the above-mentioned obligations constitutes a serious
breach of these TCU that may lead to the termination of the Account in accordance
with Article 10 below.
6.5 Use of Recommender Systems
FLASHGAP has developed matching algorithms to predict your compatibility with
other Users and so we can show you people that, according to FLASHGAP, are a good
match for you. You can learn more about FLASHGAP’s use of recommender systems
and the main parameters used in the Privacy Policy.
6.6. Reporting of illegal content
Any Content contravening these TCU may be reported by any User to FLASHGAP by
clicking on the tab:
• At the top right of the User's Profile; or
• At the top right of the conversation with the User in question.
The User whose published Content is the subject of a report will in no case be informed
of the identity of the User author of the report.
In the event of publication of Content that has been the subject of a reporting
procedure and that may be qualified as an infringement under the legislative and
regulatory provisions in force, the User who is the victim of this Content may also be
invited to refer the matter to the competent authorities.
In accordance with the provisions of the French Law n° 2004-575 of 21 June 2004 for
confidence in the digital economy, the fact, for any person, of presenting to
FLASHGAP a content or an activity as being illicit with the aim of obtaining its
withdrawal or of stopping its diffusion, while he knows this information to be
inaccurate, is likely to be punished by a penalty of one year's imprisonment and a fine
of 15,000 EUR.
6.7.
Blocking another user
Outside the scope of the reporting procedure detailed in Article 6.6 above, Users have
the option of blocking any User whose behavior does not comply with the rules of
respectability.
Blocking another User will block all communication with the latter, including the
mutual impossibility of accessing Likes, Crushnotes, and Messages sent or to be sent.
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7.
REAL MEETINGS
FLASHGAP warns the Users who wish to engage in "real" dating.
FLASHGAP does not conduct any criminal background checks on Users or otherwise
investigate the background of Users. In this regard, FLASHGAP makes no guarantees
regarding the conduct of Users.
The conduct of these "real" meetings is organised independently of FLASHGAP, under
the sole responsibility of the Users.
FLASHGAP cannot be held responsible for acts and problems, whatever their nature,
committed or caused by the current and/or former Users during the events taking
place following the use of the Application.
With regard to other Users with whom the User has agreed to exchange Messages, it
is strongly recommended that information that does not appear on the User’s Profile,
such as telephone number, address or surname, should not be disclosed or should be
disclosed only with great care.
FLASHGAP strongly advises, as a safety measure, to arrange "real" meetings only in
crowded public places or to inform a relative and to disclose contact information only
after a reasonable time and with caution.
8.
COMMUNICATION WITH THE USER
8.1.
Push notifications
The User may receive Push Notifications via the Application in order to be notified of
important events including, but not limited to:
• A Crushnote received from another User;
• A Message from another User;
• A Message or announcement from FLASHGAP relating to the User's Account;
• A Smoothie, showing the common interest of two Users.
The User may at any time set his preferences for push Notifications from his Account.
8.2.
Account management
The User must regularly consult his Messages, in particular those sent by the FLASHGAP
host, and his Push Notifications by means of which FLASHGAP will keep him informed,
among other things, of information relating to the Services and of any changes and
updates made.
9.
LOGGING OUT, DEINSTALLATION OR DELETION OF THE ACCOUNT BY THE USER
9.1.
Logging out of the account
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The User may disconnect from his or her Account at any time without notice via the
Application.
Upon disconnection from the Account, the User's Profile will remain visible to other
Users both for the past and for the future for a period of 1 year.
After a period of 1 year, the User will be required to register under the same conditions
as a first registration as set out in Article 3.2 above.
Disconnection from the Account does not cancel the current Subscription.
9.2.
Deinstallation of the Application
The User may uninstall the Application from his/her smartphone or tablet at any time
without notice.
While uninstalling the Application, even without first logging out of the Account, the
User's Profile will remain visible to other Users both in the past and in the future.
If the Application is reinstalled after a period of 1 year, the User will be required to
register under the same conditions as a first registration as provided for in Article 3.2
above.
Uninstalling the Application does not delete the current Subscription.
9.3.
Deletion of the Account by the User
The User may uninstall the Application from his/her smartphone or tablet at any time
without notice.
The User may at any time permanently delete his or her Account in the "Settings" tab
(top right of the Profile) in the Application.
The User may also request deletion of the Account at any time by mail, the postal
address mentioned in Article 17 below.
When deleting the Account:
• The User's Profile will be permanently deleted and made invisible to other Users
instantly;
• The User's data will be permanently deleted, including all data concerning:
- Smoothies.
- Messages;
- Profiles viewed; and
- Any additional information;
• Crushnotes and Pollens purchased will be lost, without any refund being
possible.
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Deletion of the Account by the User does not cancel or remove any Fruitz Golden or
Fruitz Premium subscriptions taken out. To terminate a Fruitz Golden or Fruitz Premium
Subscription, the User must go to the subscription management settings in the App
Store and Play Store as indicated in Article 5.3 above.
The deletion of the Account is final. When the User wishes to start using the Application
again, he will be required to register under the same conditions as a first registration
as described in Article 3.2 above.
10.
SUSPENSION OR DELETION OF ACCOUNT BY FLASHGAP
10.1.
Suspension or deletion of the Account in the event of a breach of the TCU
In case of suspected breach of these TCU and, especially of the User's Code of
Conduct defined in Article 6 above, the Account may be suspended at any time in
order to verify the existence of such breach.
In case of confirmation, the corresponding Account may be automatically deleted
by FLASHGAP and the corresponding User may be banned from the Application.
As part of the above-mentioned verification, FLASHGAP may ask the User in question
for information intended to assess compliance with the TCU and with the above-
mentioned Code of Conduct, including personal data such as the telephone number
and/or email address associated with the User's Account in order to authenticate it.
The deletion of the Account has the consequences detailed in Article 9.3 above.
In all cases, no refunds will be made for Subscriptions, Packs or other paid features.
10.2. Deletion of the Account in the event of a breach of the TCU that cannot be remedied
In case of breach of the TCU by a User which cannot be remedied, his Account may
be deleted by FLASHGAP at any time after informing the User.
The deletion of the Account has the consequences detailed in Article 9.3 above.
10.3. Deleting Inactive Accounts
Any Account that is inactive for a continuous period of 1 year is subject to deletion.
An Account is considered inactive if the following criteria are met:
• The User's Application has not established contact with Fruitz servers (including
disabling the geolocation option); and
• The User has not used the Application.
In such a case, the User will be informed of the proposed deletion of his Account, with
30 days’ notice, by sending a push Notification, an email or a SMS. The deletion of the
Account has the consequences as detailed in Article 9.3 above.
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11.
RESPONSIBILITY
11.1.
Hosting
FLASHGAP acts as a content host. As such, FLASHGAP is not bound by any general
obligation to monitor the Content posted on the Application by the Users.
FLASHGAP is not liable for the activities or information stored at the request of a User if
it was not aware of their manifestly illegal nature or of facts and circumstances
revealing such a nature or if, as soon as it became aware of such a nature, it acted
promptly to remove such data or to make access impossible.
The Application is proposed “as is”. FLASHGAP shall not be held liable for any damage
resulting from the unsuitability of the Application for a particular use or for the
expectations and needs of the User.
FLASHGAP shall not be held responsible for the use that the User makes of the Contents
that are made available through the Application, the User being and remaining the
only responsible for the decisions and the choices he makes.
11.2.
Access to Services
FLASHGAP seeks to insure Users equipped with a smartphone or a tablet running the
operating system listed on the Application available on the App Store or the Play Store
to access the Services without interruption, except in case of force majeure or an
event beyond its control, and subject to possible maintenance interventions
necessary for the proper functioning of the Services or the Application, interventions
for the purpose of improving or modifying the Services or the Application, which may
be carried out without FLASHGAP giving prior notice to the Users.
Moreover, it is up to each User to take all appropriate measures to protect himself
against the contamination of his data, software or hardware by viruses circulating
through the Application or the Contents published therein, and to manage the
backups of downloaded files.
The User expressly accepts and acknowledges that any Content obtained from
another User using the Application is done so under his responsibility and that he is fully
liable for any damage to his mobile phone system or other equipment used and for
any loss of data that may result from the downloading of such Content.
11.3.
Malfunctioning of the supports
The User is personally and exclusively responsible for the telephone or tablet hardware,
software, browser, modem or in general for any equipment he needs to use the
Application.
FLASHGAP shall not be held responsible for any malfunction of any nature whatsoever,
relating to the User's access media to the Services.
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12.
COMPENSATION
The User agrees to indemnify, defend and hold harmless FLASHGAP from and against
any and all claims, demands, damages, losses, costs, liabilities and expenses
(including attorneys' fees) related to the User's breach of these TCU.
13.
MODIFICATION OR DELATION OF THE APPLICATION
FLASHGAP reserves the right to modify or improve the Application at any time if it
deems it useful or necessary.
FLASHGAP expressly reserves the right to withdraw the Application for any reason
whatsoever subject to reasonable notice to the User and to refund any paid Services
not used by the User.
14.
INTELLECTUAL PROPERTY
14.1.
Application
All intellectual property rights relating to the Application, its software, databases, user
interface, texts, images, animated or not, photographs, sounds and any other
element composing the Application, remain the exclusive property of FLASHGAP or its
suppliers or licensors.
Any exploitation, commercial or not, including downloading, copying, reproduction,
distribution, transmission, broadcasting, adaptation, translation or representation, in
whole or in part, of the Application or of the elements composing it, by any current or
future means and process, on any current or future medium, without the prior written
authorization of FLASHGAP is prohibited and may result in legal proceedings, including
under the infringement punishable by Articles L335-2 et seq. of the French Code of
Intellectual Property, subject to the application of Article L122-5 of the said Code, if
any, and / or under the unfair competition practices punishable by Article 1240 et seq.
of the French Civil Code.
Any authorised use of the Application and its component parts must be made without
distortion, modification or alteration of any kind.
The User is prohibited from accessing, decompiling, disassembling, reproducing,
quoting and creating works derived from any element of the source codes or object
codes of the Application and from allowing a third party to carry out such acts by
any means whatsoever, in any form whatsoever and on any support whatsoever.
14.2.
Website
All intellectual property rights, and in particular copyright, relating to the Fruitz website
accessible at https://fruitz.io, as well as the elements that make up or appear on this
website, are the exclusive property of FLASHGAP.
Any exploitation, whether commercial or not, in particular any copy, reproduction,
distribution, transmission, broadcasting, adaptation, translation or representation, in
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full or in part, of the Fruitz website or of the elements that appear on it, by any current
or future means and process, on any current or future support, is prohibited, without
the prior written authorisation of FLASHGAP is prohibited and may give rise to legal
proceedings, in particular for infringement of copyright as sanctioned by articles L335-
2 et seq. of the French Intellectual Property Code, subject to the application of article
L122-5 of the said Code, if applicable.
Any authorized use of the elements composing or appearing on the Fruitz website and
belonging to FLASHGAP must be done without any distortion, modification or
alteration.
14.3. Trademarks
The trademarks "FLASHGAP", registered at the « Institut National de la Propriété
Intellectuelle » ("INPI") under the numbers 4124611 and 4180717, are the exclusive
property of FLASHGAP.
The trademark "Fruitz", registered with the INPI under number 4332245, is also the
exclusive property of FLASHGAP.
Any use in the course of business of a sign similar or identical to these trademarks to
designate identical or similar products and/or services, in particular the affixing of the
sign to the products or their packaging, the offering of the products or provision of the
services under the sign and the removal or alteration of a regularly affixed trademark,
without the prior written permission of FLASHGAP is prohibited and may result in legal
action, including under the infringement sanctioned by Articles L713-2, L713-3 and
L716-4 of the French Intellectual Property Code.
14.4. Licenses
14.4.1. License for the Application and its components
For the exclusive purpose of using the Services and subject to compliance with these
TCU, FLASHGAP grants to the User during the use of the Services, a personal, limited,
non-exclusive, revocable, non-sublicensable, non-transferable and worldwide license
to:
• Install all or part of the Application on the smartphone or tablet owned by the
User;
• Use the Application and any of its components exclusively for the purposes of
his or her personal use of the Services, in accordance with their intended
purpose and these TCU.
14.4.2. License relationship to content
For the purpose of providing or improving the Services, the User grants FLASHGAP a
free, sub-licensable, transferable and worldwide license to use the intellectual
property rights attached to the Contents provided by the User on the Application to
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host, use, execute, copy, reproduce, broadcast, publicly perform or publicly display,
translate, modify, in whole or in part, and create derivative works of such Contents.
This license will end when this Content is deleted from the Application and from
FLASHGAP's systems, either by FLASHGAP or by the User, individually or entirely by
deleting his Account, under the conditions of the Privacy Policy referred to in Article
15 below and of the present TCU.
The User guarantees FLASHGAP against any legal action, recourse or sentence
pronounced against it originating from the violation by the User of the rights, in
particular of intellectual property of third parties, relating to the Content provided by
this User and guarantees FLASHGAP against any claim or damage that could result
from it.
15. PROTECTION OF PERSONAL DATA
The FLASHGAP Privacy Policy for the Application is available on the Application in the
"Settings" tab and also on the Fruitz website at https://fruitz.io/privacy.
16. MODIFICATION OF THE TCU
FLASHGAP reserves the right to modify all or part of these TCU, if it deems it necessary
and useful, in particular in order to adapt them to the evolution of the operation of
the Application, to the evolution of the legislation or to the evolution of the Services.
The User will be informed within a reasonable time of the publication of each new
version of the TCU via the Application and will be asked to indicate his express
acceptance, without condition or restriction, of all the TCU modified.
If the User refuses to accept the new version of the TCU, he/she will not be allowed to
use the Application and may delete his/her Account, terminate his/her Fruitz Golden
or Fruitz Premium Membership and request a refund of any unused paid Services.
17. CONTACT
For any question relating to the present TCU and, more generally, to the Services, the
User can write to the Fruitz department of FLASHGAP at the following address: 5 rue du
Pont aux Choux 75003 Paris.
Or by e-mail: contact@fruitz.io.
18. NULLITIES
If any of the stipulations of these TCU should prove to be null and void with regard to
a rule of law in force or a judicial decision that has become definitive, it shall then be
deemed unwritten, without this leading to the nullity of these TCU or altering the validity
of its other stipulations.
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19. APPLICABLE LAW AND JURISDICTION
The present TCU are subject to French law.
Should the English and French versions of these TCU, the French version shall prevail.
In case of dispute between the Parties, the User shall contact the internal teams of
FLASHGAP to try to negotiate an amicable solution.
A dispute cannot be examined by the Consumer Ombudsman if the User does not
justify having tried, beforehand, to resolve his dispute directly with the professional by
means of a written complaint in accordance with the methods described above in
this Article 17.
In accordance with the provisions of Regulation (EU) No. 524/2013 of 21 May 2013, the
User may also submit his complaint on the European Commission's online dispute
resolution platform ("RLL") accessible at the following address
https://ec.europa.eu/consumers/odr/.
20. LANGUAGE
This document is a translation of the French version. In the event of any differences in
translations or interpretations, the French version shall prevail.
