General Terms of Use
Updated: January 2, 2024
English
French
Legal Information
1.1 The Blyynd Application and the services described in these General Terms of Service and Use are edited, operated, and provided by Blyynd, a simplified joint-stock company registered with the Strasbourg Trade and Companies Register (67000) under number 912 765 948, with its registered office at 13A rue La Fontaine, 67380 Lingolsheim (hereinafter referred to as "Blyynd").
1.2 The Application is hosted by Google Cloud France SARL, located at 8 rue de Londres, 75009 Paris, France.
Subject of these General Terms of Service and Use
2.1 These General Terms of Service and Use (hereinafter referred to as the "Terms") aim to define the conditions under which the virtual matchmaking Services are made available to Users on the Blyynd Application, and, where applicable, the related online private correspondence subject to the creation of an Account and, for some of these Services, the prior subscription to a Subscription.
2.2 Access to the Application and Services is free (except for certain Services specifically identified in these Terms and/or on the Application) and exclusively reserved for an adult audience and legally capable individuals. Minors must not access the Services offered by Blyynd. By using the Application and/or Services, the User declares and warrants to be of legal age.
Complaints and Support
For any information, inquiry, technical complaint, or regarding the Services and/or the Application and/or a Subscription, the User is invited to submit their request:
By postal mail: to the address of Blyynd's headquarters as indicated in article 1.1.
By email: support@Blyynd.com.
By phone: 07 56 82 35 02.
Telephone support is available Monday to Friday from 9 a.m. to 6 p.m.
Telephone communication is charged at the local call rate.
Definitions
- Subscription: Refers to the periodic contract automatically renewed for an identical duration (unless terminated) to which the User subscribes in order to benefit from certain Paid Services;
- Application: Refers to the Blyynd application software, downloadable from the App Store or Google Play Store on a Terminal;
- Blyynd: Refers to the Blyynd company identified in Article 1.1;
- C.G.S.: Refers to these General Terms of Service and Use;
- Account: Refers to the personal space created by a User accessible only with Identification Elements;
- Content: Refers to the content of any kind (including textual, visual, photographic data, chat rooms, etc., subject to Broadcasting Rules) provided and/or disseminated by the User in the Application, particularly in their Profile and/or sent to another User within the scope of the Services;
- Personal Data: Refers to the User's personal data collected and/or processed by Blyynd in the context of using the Application, such as, where applicable, creating and managing their Account and providing the Services, under the conditions and modalities defined in the Privacy Policy;
- Identification Elements: Refers to the login credentials and Apple or Google password depending on the Terminal used;
- Privacy Policy: Refers to the privacy policy concerning the conditions and modalities of processing Users' Personal Data by Blyynd;
- Profile: Refers to the profile of a User accessible on the Application to other Users and composed of information provided by the User;
- Moderation Rules: Refers to the conditions described in Appendix 1 hereof, accessible from the following link and modifiable at any time, which every User must comply with in the context of using the Application, and more particularly the Services. Any violation of these conditions may allow Blyynd to suspend/delete the Account, as well as to exercise any of the specific measures described in Article 12;
- App Store Rules: Refers to the rules of the App Store accessible at the following link: [App Store Rules](https://developer.apple.com/terms/);
- Google Play Rules: Refers to the Google Play rules accessible at the following link: [Google Play Rules](https://play.google.com/intl/all_fr/about/developer-distribution-agreement.html);
- Services: Refers to the service of connecting Users for the purpose of exchanging private electronic correspondences, and more generally the features of Blyynd as described in Article 7, including, where applicable, the Paid Services, made available to Users and accessible from the Application following the prior creation of an Account;
- Paid Services: Refers to the additional Service(s) to which the User gains access for a limited duration and/or for a limited number of Services by immediate payment of the Service price, where applicable, renewable in the form of a Subscription;
- Terminal: Refers to, in accordance with Directive 2008/63/EC, the hardware equipment (tablet, smartphone) used by the User exploiting at least IOS version 14 or Android version 5 to download and access the Application and benefit from the Services;
- User: Refers to any adult natural person accessing the Application, who may have created an Account in order to benefit from the Services, in compliance with these C.G.S., and for personal use only, excluding any other purpose.
Scope of Application, Acceptance, and Modification of the General Terms and Conditions (GTC)
5.1 Les C.G.S. ont pour objet de définir les conditions dans lesquelles les Utilisateurs peuvent accéder à l’Application, créer leur Compte, et bénéficier en conséquence des Services.
5.2 Les C.G.S. se conforment et sont soumises, le cas échéant, aux Règles App Store et aux Règles Google Play.
5.3 Toute utilisation de l’Application et/ou des Services emporte de plein droit l’application des présentes C.G.S.
5.4 Les C.G.S. pouvant faire l'objet de modifications, les C.G.S. applicables sont celles en vigueur et accessibles sur l’Application et tout autre support à la date de création du Compte par l’Utilisateur, puis, en cas de modification, à la date d’accès à l’Application. Il appartient donc à l’Utilisateur de prendre connaissance régulièrement des C.G.S.
Account and Profile Creation
6.1 Registration
6.1.1 The Terminal allowing access to the Application as well as all telecommunication costs resulting from their use are the responsibility of the User. Therefore, it is up to the User to take all appropriate measures to protect their Personal Data, information, and/or software from any contamination by potential viruses, especially from the Internet network.
6.1.2 By completing the registration form on the Application to create their Account, the User declares and guarantees that they have all the capacity to do so and that the information provided, especially their Personal Data, is accurate, up-to-date, and complete.
6.1.3 The User undertakes to provide an effective and valid phone number of which they are the exclusive owner.
6.1.4 The User also undertakes to promptly update their Personal Data (especially their email address and phone number) as soon as any of them is modified in order to maintain the accuracy of this information by visiting their Account.
6.1.5 The User acknowledges that Blyynd reserves the right to verify their Personal Data and to suspend or terminate access to their Account and thus withdraw their ability to access the Application and benefit from the Services, in the event that the User does not comply with the registration terms herein, particularly if they provide false, inaccurate, incomplete, or outdated Personal Data.
6.1.6 Under no circumstances shall Blyynd be held liable to Users or third parties for any error, omission, or inaccuracy regarding the Personal Data communicated by the User.
6.1.7 In the event of total inactivity by the User for a period of two (2) years from their last connection to the Application or the end of their last Subscription (the longer duration being retained), Blyynd reserves the right to deactivate the User's access to their Account and process their Personal Data in accordance with the Privacy Policy.
6.1.8 In the event of the death of a User, upon production of supporting documents by their heirs or any third party, their personal Profile will be deactivated, and their Content and Personal Data will be processed in accordance with the Privacy Policy.
6.2 Identification Elements
6.2.1 To proceed with the creation of their Account, the User is required to log in using their Apple or Google identification elements.
6.2.2 The identification elements are strictly personal, and the User agrees to keep them confidential and not to disclose them to third parties.
6.2.3 The User is solely authorized to access and use the Services using their identification elements. Any access to the Services with the User's identification elements is deemed to have been made by them and under their responsibility. Therefore, in the event of loss, theft, or any fraudulent act regarding the identification elements, it is up to the User to inform Blyynd as soon as possible and to prove their identity by any means but also to contact Apple or Google as soon as possible to have their identification elements modified.
6.2.4 If there are legitimate reasons to believe that the security of the Application and/or the Services is violated and/or that the use of all or part of the Services is due to unauthorized use of the identification elements and/or an Account, Blyynd may temporarily suspend access to the Account of the User concerned in order to preserve the integrity of Blyynd, the Application, and the Services and if necessary, require the User to modify their identification elements. Similarly, if the User selects a pseudonym as part of the identification elements that is inappropriate, contrary to good morals, or infringes on the rights of a third party, Blyynd reserves the right to suspend access to the relevant personal Profile pending a modification of this pseudonym by the User.
Description of Services
7.1 Services Available
7.1.1 The accessible services include the ability for the User to create an Account and a Profile and to access, free of charge, the following features:
- Create a Profile and be visible to other Users;
- View the Profiles of other Users based on filtering criteria entered on their own Profile;
- Manage their Profile, modify information;
- Store Content, particularly photographs;
- Modify the Application theme: Dark Mode;
- Report / Block / Hide Profiles;
- Log out;
- Unsubscribe directly from their Google or Apple account;
- Consult the Blyynd FAQ;
- Contact the support service;
- Send "Likes" to the Profile of one or more other Users (limited to 15 "Likes" per day).
If two Users declare in the Application to be mutually interested in each other's Profile by assigning a "Like" to each other, then they are connected.
7.1.2 In the context of connecting two Users, each User will have access to the following Services, provided that they have subscribed to the Paid Services beforehand:
- Receive and send Content;
- Manage their conversations: delete, mark as unread, etc.
- Report Profiles
- Block Profiles
- Receive alerts by "warning" messages, as soon as "dangerous" keywords and/or unwanted photos are used in the Content of another User, subject to the User selecting the corresponding options in the Application.
7.1.3 The User is free, at any time, to delete their Account and hence their Profile from the Application.
7.1.4 To permanently delete the Account, the User must go to the "Settings" section, then request deletion of their Account by clicking on "Delete my account".
CAUTION: ACCOUNT DELETION IS PERMANENT AND LEADS TO THE ERASURE OF THE PROFILE, PHOTOS, AND MESSAGES EXCHANGED IN ACCORDANCE WITH THE PRIVACY POLICY; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL THEN BE NECESSARY TO ACCESS THE SERVICES AGAIN.
7.2 Paid Service
7.2.1 To access the Paid Services, the User is required, depending on the Paid Service offered by Blyynd, to:
- Pay the price of the Paid Service and agree to immediately benefit from it in accordance with the provisions of Article 10.3.
- Subscribe to a Subscription under the conditions set forth in Article 9.1 of the TOS.
7.2.2 Payment
To proceed with the payment of a Paid Service, the User will be redirected to the payment module of Google or Apple depending on the Terminal used, and is therefore invited to contact Google or Apple for any questions regarding payment or to exercise any refund or withdrawal request.
NOTE: ACCOUNT TERMINATION DOES NOT RESULT IN THE TERMINATION OF THE SUBSCRIPTION, WHICH WILL REMAIN ACTIVE UNTIL ITS EXPIRATION.
Financial conditions and payment security
8.1 Financial Conditions
8.1.1 The prices of Paid Services displayed on the Application are indicated in euros, including all taxes (VAT and other applicable taxes).
8.1.2 The User acknowledges and agrees that the price of the Paid Service or its Subscription does not include the cost of telecommunications enabling access to the Services offered on the Application and included in their Subscription, nor any other possible costs of Internet connection, which remain entirely the responsibility of the User.
8.1.3 Blyynd reserves the right to modify its prices at any time.
8.1.4 In case of modification of the price of Paid Services, this modification will be effective upon the renewal of the User's Subscription, who will be notified of this modification before the renewal of their Subscription.
8.1.5 In case of modification of the prices of Paid Services, these changes will be effective upon their publication on the Application.
8.2 Transaction Security
8.2.1 Payment of the Subscription price directly through the Google or Apple account is subject to their respective general terms and conditions.
Duration of Paid Services
Access to Paid Services is provided for the duration and/or number of Services indicated to the User when paying for the Paid Service, if applicable, automatically and tacitly renewable for an identical duration in the form of a Subscription.
9.1 Subscription to the Subscription
9.1.1 To subscribe to one of the Subscription packages, the User is invited to select the desired package and provide the information requested to proceed with payment.
9.1.2 Since the only mode of communication between Blyynd and the User is the exchange of emails, to the dedicated address, the User declares and warrants in this regard that the information transmitted by him to Blyynd is sincere and valid and that the email address provided during registration is perfectly valid and operational.
9.1.3 It is the User's responsibility to inform Blyynd of any change in his email address. Subscription to a Subscription can only be made for personal purposes, as declared and acknowledged by the User.
9.1.4 The User's failure to comply with all or part of the obligations undertaken under these T&C, particularly regarding any incident of payment of the Subscription price, may result in Blyynd's right to refuse the User any Subscription or access to the Services until his situation is regularized.
9.2 Any Subscription is concluded for its fixed term, and the amounts paid for this purpose are definitively acquired by Blyynd, including in the event of early termination of the Subscription, unless the right of withdrawal is exercised.
9.2 Automatic Renewal of the Subscription
9.2.1 Regardless of the duration of the Subscription, the User is fully informed that upon its expiration, it will be automatically renewed for an identical duration unless terminated by the User no later than twenty-four (24) hours before the expiration of the current Subscription period. Therefore, if the User does not intend to renew his Subscription or terminate it, he must proceed with termination through the Google or Apple platforms according to the terms provided in the general conditions of these platforms.
9.2.2 In accordance with Article L.215-1 of the Consumer Code:
"For contracts for services concluded for a specified period with an automatic renewal clause, the professional service provider informs the consumer in writing, by named letter or dedicated email, no earlier than three months and no later than one month before the end of the period allowing the rejection of renewal, of the possibility of not renewing the contract he entered into with an automatic renewal clause. This information, provided in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Amounts paid after the last renewal date or, for contracts of indefinite duration, after the date of transformation of the initial contract of a specified duration, are refunded within thirty days from the date of termination, minus the amounts corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information."
9.2.3 In accordance with Article L.215-2 of the Consumer Code:
"The provisions of this chapter do not apply to operators of drinking water and sanitation services."
9.2.4 In accordance with Article L.215-3 of the Consumer Code:
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
9.2.5 In accordance with Article L.241-3 of the Consumer Code:
"When the professional has not made the refund under the conditions provided for in Article L. 215-1, the amounts due bear interest at the legal rate."
User's Right of Withdrawal
10.1. The User acknowledges having received all the information regarding the Services offered on the Application, and more specifically regarding the various Paid Services, including the Subscription packages offered by Blyynd, before subscribing to them, and that the provision of these Services complies with the requirements for distance service provision, particularly via the Internet.
10.2. In accordance with the provisions of Article L.221-18 of the Consumer Code, the User has the right of withdrawal and may decide to withdraw from their Paid Service without needing to invoke any reason, within a period of fourteen (14) calendar days from the confirmation of their Subscription.
10.3. However, the User is informed that they cannot withdraw from payment for a Paid Service if they have already started using it, in accordance with Article L.221-28-1° of the Consumer Code.
10.4. Since the User purchases the Paid Service using their Apple or Google ID, cancellations and refunds are handled by Apple or Google according to their own terms and conditions, over which Blyynd has no control. To request a refund and exercise their right of withdrawal, the User must contact Apple or Google and fill out the dedicated forms.
Engagement and Obligations of Users
11.1. User Obligations
11.1.1. User anonymity is an important condition for the use of the Application and Services, particularly through the absence of a field in the Profile intended for User contact details and their communication to other Users.
11.1.2. Consequently, each User refrains from requesting any User's full real identity other than their first name and/or contact details.
11.1.3. The User agrees to adhere to the terms of these T&C and agrees not to:
- Act in a manner that could disrupt the proper functioning of Blyynd and/or the Application and/or Services;
- Allow or encourage the breach of any provision of these T&C;
- Provide false, incorrect, etc., Personal Data, especially by creating a Profile and/or an Account in the name of another person without their authorization;
- Create multiple Accounts: the User agrees to create only one Account corresponding to them. If Blyynd deletes the User's Account for non-compliance with these T&C, the User agrees not to create another Account without Blyynd's authorization;
- Use their Profile and/or the Services for purposes other than personal and intended purposes, especially for illegal, commercial, etc., purposes;
- Disclose their login credentials to a third party and allow someone to access their Account or do anything that may compromise the security of their Account;
- Violate the Moderation Rules attached to these T&C;
- Exploit all or parts of the elements of Blyynd on which Blyynd holds intellectual property rights without Blyynd's prior written authorization. In general, the User must respect the intellectual property rights relating to the content provided by Blyynd, other Users, or third parties.
11.1.4. In the event of notification from a third party deeming the Content posted on the Application as unlawful, including through any judicial requisition from a competent judicial authority, Blyynd reserves the right to remove, automatically, all or part of the Content posted by a User that would be in breach of these T&C or that would be manifestly unlawful.
11.1.5. Furthermore, in the event of a breach of any of these obligations, particularly under the moderation rules and without limitation, the User acknowledges and accepts that Blyynd has the right to suspend and/or delete access to their Account and all Services without this suspension and/or termination entitling them to any compensation. Blyynd will notify the User by email.
11.2. Special Provisions Regarding Content
When a User has initiated or sent content to another User, these contents, provided they have not been deleted by the User-author or by Blyynd, are only accessible for the duration of storage and for a maximum period of twenty-four (24) hours. Beyond this period, the contents are permanently deleted, including for and by Blyynd, unless the moderation and dispute resolution process is implemented.
Suspension of User Subscription and Deletion of User Account
12.1. Blyynd reserves the right to remove Contents that are sent massively by a User in order to preserve a normal quality of service for other Users.
12.2. Blyynd may also suspend the visibility of Users who use the Services in an automated manner. A presumption of automated use of the Application exists when the User posts Content at a frequency that cannot result from human and manual action. The User will then be notified of the suspension of their visibility and may contact Blyynd to remedy this situation.
12.3. Blyynd also reserves the right to temporarily or permanently remove access to a User who has subscribed to a Subscription but does not comply with the T&C, including the Moderation Rules provided in Annex 1, without any refund from Blyynd.
12.4. In case of non-payment by the User of the Subscription within the required deadlines, Blyynd will promptly suspend all access to the services for the User.
12.5. The end of the Subscription does not automatically result in the deletion of the Account since the User has the option to remain as a User of the Services, albeit without being able to use the Paid Service subject to prior subscription to the Subscription.
13. Advertisement
Blyynd reserves the right to display advertising or promotional messages on its Application.
14. Access and Availability of Services
14.1. Only Users who have indicated identical and/or compatible criteria with those of the User are displayed in the Application, without Blyynd being able to guarantee the presence of Users matching the User's criteria and/or being available to interact with the User.
14.2. Blyynd makes its best efforts to make its Services available 24 hours a day, 7 days a week, and undertakes to provide the various Services of the Application in accordance with these T&C. Given the particular nature of the internet network, access to the Application and/or Services may be interrupted or restricted at any time, especially due to reasons beyond Blyynd's control, for which Blyynd cannot be held responsible.
14.3. Furthermore, Blyynd reserves the right to interrupt access to the Application and/or to all or part of the Services for maintenance and/or improvement work on the Services. These Service interruptions will, to the extent possible for Blyynd, be notified to Users prior to any interruption.
14.4. In case of emergency, Blyynd nevertheless reserves the right to partially or totally suspend access to Blyynd and/or to all or part of the Services for a reasonable duration to carry out any necessary technical operations.
14.5. These Service interruptions shall not give rise to any compensation for the benefit of the User.
14.6. Blyynd reserves the right to modify any information in the Application as part of update or maintenance operations. Blyynd is not responsible for the content of third-party websites to which hypertext links on the Application redirect.
15. Responsibility
15.1. Contents Broadcasted by the User on the Application
15.1.1. The User is solely responsible for the use they make of the Application and the Services and more generally for any operation made from their Profile. The User is solely responsible for all the Content they provide and/or broadcast on the Application, especially to other Users.
15.1.2. Without prejudice to the moderation mechanism described below, the User acknowledges that Blyynd does not exercise prior control over the Content transmitted by the User via the Services. Blyynd can therefore only intervene on the Content broadcasted within the scope of the Services in the event of abuse reported by a User via the Application and/or by sending an email to the following address: support@Blyynd.com. Upon receipt of this notification, Blyynd will make its best efforts to implement the moderation rules as described in Annex 1 and will proceed, if necessary, to remove the contentious Content reported and broadcasted by the User via the Services.
15.1.3. The User is informed that any report addressed to Blyynd may lead to the provisional suspension of the concerned User's Account during the moderation process and Blyynd's access to the contentious Content and its retention. Abusive reports may result in sanctions against the User in accordance with the moderation rules.
15.1.4. In order to mitigate the risks of a poor user experience with the Services, Blyynd has implemented an automatic moderation program on the Application, which does not involve human expertise but only artificial intelligence and allows for the evaluation of the Contents broadcasted by Users. This program conducts an analysis of images and messages that may be harmful to other Users.
This program aims, if the recipient User has requested it for certain moderation parameters, to block Contents containing certain keywords (whose list cannot be disclosed to avoid circumventing the Moderation Rules) as well as certain visuals, especially genitalia.
15.1.5. The User who broadcasted Content that has been flagged by the Application will receive an informational message indicating the purpose of the moderation. The recipient User of the Content blocked by the Application will receive an informational message indicating the purpose of the moderation.
15.1.6. Since the automatic moderation tool is not controlled by a human being but subject to the judgment of artificial intelligence, Blyynd makes no commitment regarding the effectiveness of this tool. Therefore, this tool, whose effectiveness cannot be guaranteed, should not determine the User's consent to the use of the Services and consequently the subscription to a Subscription.
15.1.7. Similarly, Blyynd's liability cannot be engaged if the automatic moderation tool has not moderated Content that should have been moderated, or if, conversely, it has automatically moderated Content that should not have been moderated.
15.2. Limitation of Liability
15.2.1. The User is solely responsible for the use they make of the Services and the Content they publish on the Application. Blyynd cannot, under any circumstances, be held responsible in the context of proceedings initiated against a User who is responsible for non-compliant use of the Services.
15.2.2. The User acknowledges and declares to be of legal age in their country of residence. In case of false declaration regarding the User's age, Blyynd's liability cannot be engaged.
15.2.3. The User acknowledges and agrees that they will personally handle any claim or proceeding brought against Blyynd due to their non-compliant use of the Services and/or the publication of Content.
15.2.4. The Application may contain hypertext links to third-party websites. Given the ephemeral nature of the content that may be disseminated therein, Blyynd's liability cannot be engaged if the content of such third-party websites violates applicable legal and/or regulatory provisions.
15.2.5. Finally, Blyynd's liability cannot be engaged in case of non-compliance with the legislation of a foreign country where the use of the Services and/or downloads would be carried out.
15.2.6. In any event, Blyynd shall not be liable: i) in case of unavailability of the Services due to reasons such as failure of the public electricity network, failure of telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, including the User's; ii) in case of use of the Services by the User in conditions not complying with these T&C and/or any malfunction of any kind relating to the User's Terminal and their Internet access connection; iii) within the limits of applicable law, for any indirect damages, such as notably harmful consequences of an infringement of image rights, privacy rights, loss of profits, data loss, or any other loss of intangible assets, even if Blyynd has been informed of the possibility of such damages occurring.
16 Intellectual Property
16.1. Copyright
Blyynd is the holder or licensee of intellectual property rights in both the general structure of the Application and its content (texts, slogans, graphics, images, videos, photos, programs, and other content), excluding any User Content. Therefore, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Application and/or its content and/or Services, by any means and on any media, without the express prior authorization of Blyynd, is prohibited and constitutes acts of copyright infringement that may incur both criminal and civil liability for the User.
16.2. Distinctive Signs
The trademarks, logos, trade names, acronyms, commercial names, signs, and/or domain names of Blyynd and/or its commercial partners mentioned on the Application enabling access to the Services provided by Blyynd, constitute distinctive signs that cannot be used without the express prior authorization of their owner. Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, misappropriation of corporate name, commercial name, and domain name, engaging the tortious civil liability of its author.
16.3. Scope of the License
The User acknowledges and agrees that access to the content of the Services provided by Blyynd does not entail any assignment or granting of intellectual property rights (copyrights in particular) and other personality rights (right to image, right to privacy) to the benefit of the User. Access to the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in these T&C.
Data Protection
17.1. The User acknowledges that by providing their Personal Data on the Application, they accept that such data may be disclosed and accessible to other Users in accordance with the settings determined by them in their Profile as well as for the purpose of the various Services and, more generally, the Application.
17.2. For more information on the policy regarding the collection and processing of Users' Personal Data on the Application, Users are invited to consult the Privacy Policy by clicking here <Link to the Privacy Policy>.
17.3. The data collected or used in accordance with these T&C comply with the privacy rules of Google or Apple's privacy policies depending on the User's Terminal.
Miscellaneous
18.1. Force Majeure
Blyynd shall not be liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the French Civil Code.
18.2. Insurance
Blyynd is insured by a cyber insurance policy with Beazley France located at 1 rue Saint Georges, 75009 Paris.
18.3. Correspondence - Evidence
Unless otherwise provided in these T&C, correspondence between Blyynd and the User is exclusively conducted via email and through correspondence within the Application.
The User acknowledges and agrees that the information provided by Blyynd via email and/or on the Application shall be binding between the User and Blyynd. The timing of receipt or transmission, as well as the quality of the received data, shall take precedence as shown on the Application, or as authenticated by Blyynd's computerized procedures, unless proven otherwise in writing by the User. The evidentiary value of the information provided on the Application shall be equivalent to that of an original in the sense of a handwritten paper document.
18.4. Entirety of the T&C
These T&C represent the entire obligations of Blyynd and the User.
18.5. Partial Invalidity
In the event that one or more provisions of these T&C are deemed null, void, or declared as such pursuant to a law, regulation, or decision of a competent jurisdiction having authority of res judicata, the remaining provisions shall remain in full force and effect and shall be fully applicable, unless the invalid provisions were substantial and their removal would undermine the contractual balance.
18.6. Headings
In case of difficulties in interpretation between any of the headings appearing at the beginning of the clauses of these T&C and any clause, the headings shall be deemed nonexistent.
Applicable Law - Dispute Resolution
19.1. These Terms and Conditions shall be executed and interpreted in accordance with French law.
19.2. In the event of a dispute arising in connection with these Terms and Conditions, their interpretation and consequences, or with acts supplementing or modifying them, the User shall contact Blyynd in order to attempt to obtain an amicable solution.
19.3. Any claim against Blyynd must be made in writing.
19.4. In the absence of an amicable settlement, the User may in any event resort to conventional mediation in accordance with the provisions of articles L.611-1 et seq. of the Consumer Code: (i) either with a mediator of their choice, or (ii) by using the online dispute resolution system accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. It is specified that the proposed mediation process cannot be a precondition for the User to bring proceedings before the competent courts.
Annex 1: Moderation Rules
Article 1: User Commitments
These moderation rules must be respected by the User, who undertakes to comply with the obligations provided for in the T&C and not to (including attempting to):
- Use the Application and Services for illegal purposes, such as pimping, incitement to racial hatred, denial of crimes against humanity, defamation and insults, computer hacking, dissemination of content harmful to the integrity and dignity of the human person, proselytism, or conveying political and/or extremist ideas, whatever they may be;
- Use their personal Profile or, in general, within the scope of using the Application and its Services, engage in acts of any nature, such as issuing, editing, or uploading data or Content contrary to the law, infringing public order, the rights of Blyynd, or third parties;
- Publish Content inciting hatred or violence, threatening, pedophilic, or containing unwanted violence, and more generally any content that may be criminally punishable;
- Without prior written agreement from the recipient User, distribute pornographic or nude Content;
- Distribute Content including the presence of minors;
- Distribute media with added text;
- Distribute sexual solicitation content with financial compensation;
- Use offensive language against another User without their prior written consent;
- Offer contests or lotteries ("promotions") without prior written consent from Blyynd;
- Distribute official documents or financial information concerning others;
- Obtain information about Users or the Content they publish using automated methods (such as robots, spiders, etc.);
- Send commercial communications;
- Conduct marketing or pyramid-style activities directly or indirectly through the Services;
- Upload viruses or other malicious code to the Application;
- Request login information and access to a Profile belonging to another User;
- Intimidate and/or harass other Users;
- Obtain the contact details and/or identity of the User.
Article 2: Automatic Moderation
In accordance with Article 15.1.4, to limit the risks of a poor user experience, Blyynd has implemented an automatic moderation program on the Application. This program does not involve human expertise but relies solely on artificial intelligence, allowing the evaluation of Content distributed by Users. This program analyzes images and messages that could harm other Users and blocks Content:
- Including extremist content (swastikas, other extremist signs)
- Featuring the presence of children
- With added text
- Including male genitalia if Safe Lock is activated
When media submission is automatically blocked, an information message will appear in a popup on the sender's screen, indicating that these are types of media rejected by Blyynd's regulations.
Article 3: Sanctions
A User can block another User at any time. By blocking, the blocked User will never appear again in the profile proposals by Blyynd to the User who initiated the block. However, such blocking is not considered a report by Blyynd.
Flagging "abusive behavior" and "others" = Yellow Flag
- 1 Yellow flag / day: OK
- 2 Yellow flags / day: warning in messages + popup
- 3 or more Yellow flags / day: moderation, if confirmed → account freeze for 48H
- If the User repeats, next Yellow Flag, confirmed by the Blyynd team = 1-week account freeze
Flagging "Not the claimed person" = Orange Flag
- 1 Orange flag / day: OK
- 2 Orange flags / day: warning in messages + popup
- 3 or more Orange flags / day: popup + moderation, if confirmed → request for identification document by Blyynd's customer support service + verification selfie
Flagging "sexual services" = Red Flag
- 1 Red flag / day = warning in messages
- 2 Red flags / day = popup + moderation, if confirmed → account freeze + banishment
Flagging "Dark Flag":
- Media including extremist content (swastikas, other extremist signs)
- Media featuring the presence of children
The Dark Flag is a warning lasting five (5) years. When the User receives two (2) Dark Flags, Blyynd warns the User of the forbidden nature of the Content as well as the risk of account freeze.
In case the User receives three (3) Dark Flags, the User is frozen after verification by Blyynd.
Banishment results in the termination of the Subscription and deletion of the Account.
Flagging "others" = White Flag
- 2 White Flags / day = analysis and control of the Content in accordance with the Moderation Rules and the T&C, possible requalification into Yellow / Orange / Red / Dark Flags
If a User makes "abusive" reports (unjustified), Blyynd reserves the right to freeze the account of that User.
Updated: January 2, 2024
General Term
Of Use
English
French
Legal Information
1.1 The Blyynd Application and the services described in these General Terms of Service and Use are edited, operated, and provided by Blyynd, a simplified joint-stock company registered with the Strasbourg Trade and Companies Register (67000) under number 912 765 948, with its registered office at 13A rue La Fontaine, 67380 Lingolsheim (hereinafter referred to as "Blyynd").
1.2 The Application is hosted by Google Cloud France SARL, located at 8 rue de Londres, 75009 Paris, France.
Subject of these General Terms of Service and Use
2.1 These General Terms of Service and Use (hereinafter referred to as the "Terms") aim to define the conditions under which the virtual matchmaking Services are made available to Users on the Blyynd Application, and, where applicable, the related online private correspondence subject to the creation of an Account and, for some of these Services, the prior subscription to a Subscription.
2.2 Access to the Application and Services is free (except for certain Services specifically identified in these Terms and/or on the Application) and exclusively reserved for an adult audience and legally capable individuals. Minors must not access the Services offered by Blyynd. By using the Application and/or Services, the User declares and warrants to be of legal age.
Complaints and Support
For any information, inquiry, technical complaint, or regarding the Services and/or the Application and/or a Subscription, the User is invited to submit their request:
By postal mail: to the address of Blyynd's headquarters as indicated in article 1.1.
By email: support@Blyynd.com.
By phone: 07 56 82 35 02.
Telephone support is available Monday to Friday from 9 a.m. to 6 p.m.
Telephone communication is charged at the local call rate.
Definitions
- Subscription: Refers to the periodic contract automatically renewed for an identical duration (unless terminated) to which the User subscribes in order to benefit from certain Paid Services;
- Application: Refers to the Blyynd application software, downloadable from the App Store or Google Play Store on a Terminal;
- Blyynd: Refers to the Blyynd company identified in Article 1.1;
- C.G.S.: Refers to these General Terms of Service and Use;
- Account: Refers to the personal space created by a User accessible only with Identification Elements;
- Content: Refers to the content of any kind (including textual, visual, photographic data, chat rooms, etc., subject to Broadcasting Rules) provided and/or disseminated by the User in the Application, particularly in their Profile and/or sent to another User within the scope of the Services;
- Personal Data: Refers to the User's personal data collected and/or processed by Blyynd in the context of using the Application, such as, where applicable, creating and managing their Account and providing the Services, under the conditions and modalities defined in the Privacy Policy;
- Identification Elements: Refers to the login credentials and Apple or Google password depending on the Terminal used;
- Privacy Policy: Refers to the privacy policy concerning the conditions and modalities of processing Users' Personal Data by Blyynd;
- Profile: Refers to the profile of a User accessible on the Application to other Users and composed of information provided by the User;
- Moderation Rules: Refers to the conditions described in Appendix 1 hereof, accessible from the following link and modifiable at any time, which every User must comply with in the context of using the Application, and more particularly the Services. Any violation of these conditions may allow Blyynd to suspend/delete the Account, as well as to exercise any of the specific measures described in Article 12;
- App Store Rules: Refers to the rules of the App Store accessible at the following link: [App Store Rules](https://developer.apple.com/terms/);
- Google Play Rules: Refers to the Google Play rules accessible at the following link: [Google Play Rules](https://play.google.com/intl/all_fr/about/developer-distribution-agreement.html);
- Services: Refers to the service of connecting Users for the purpose of exchanging private electronic correspondences, and more generally the features of Blyynd as described in Article 7, including, where applicable, the Paid Services, made available to Users and accessible from the Application following the prior creation of an Account;
- Paid Services: Refers to the additional Service(s) to which the User gains access for a limited duration and/or for a limited number of Services by immediate payment of the Service price, where applicable, renewable in the form of a Subscription;
- Terminal: Refers to, in accordance with Directive 2008/63/EC, the hardware equipment (tablet, smartphone) used by the User exploiting at least IOS version 14 or Android version 5 to download and access the Application and benefit from the Services;
- User: Refers to any adult natural person accessing the Application, who may have created an Account in order to benefit from the Services, in compliance with these C.G.S., and for personal use only, excluding any other purpose.
Scope of Application, Acceptance, and Modification of the General Terms and Conditions (GTC)
5.1 Les C.G.S. ont pour objet de définir les conditions dans lesquelles les Utilisateurs peuvent accéder à l’Application, créer leur Compte, et bénéficier en conséquence des Services.
5.2 Les C.G.S. se conforment et sont soumises, le cas échéant, aux Règles App Store et aux Règles Google Play.
5.3 Toute utilisation de l’Application et/ou des Services emporte de plein droit l’application des présentes C.G.S.
5.4 Les C.G.S. pouvant faire l'objet de modifications, les C.G.S. applicables sont celles en vigueur et accessibles sur l’Application et tout autre support à la date de création du Compte par l’Utilisateur, puis, en cas de modification, à la date d’accès à l’Application. Il appartient donc à l’Utilisateur de prendre connaissance régulièrement des C.G.S.
Account and Profile Creation
6.1 Registration
6.1.1 The Terminal allowing access to the Application as well as all telecommunication costs resulting from their use are the responsibility of the User. Therefore, it is up to the User to take all appropriate measures to protect their Personal Data, information, and/or software from any contamination by potential viruses, especially from the Internet network.
6.1.2 By completing the registration form on the Application to create their Account, the User declares and guarantees that they have all the capacity to do so and that the information provided, especially their Personal Data, is accurate, up-to-date, and complete.
6.1.3 The User undertakes to provide an effective and valid phone number of which they are the exclusive owner.
6.1.4 The User also undertakes to promptly update their Personal Data (especially their email address and phone number) as soon as any of them is modified in order to maintain the accuracy of this information by visiting their Account.
6.1.5 The User acknowledges that Blyynd reserves the right to verify their Personal Data and to suspend or terminate access to their Account and thus withdraw their ability to access the Application and benefit from the Services, in the event that the User does not comply with the registration terms herein, particularly if they provide false, inaccurate, incomplete, or outdated Personal Data.
6.1.6 Under no circumstances shall Blyynd be held liable to Users or third parties for any error, omission, or inaccuracy regarding the Personal Data communicated by the User.
6.1.7 In the event of total inactivity by the User for a period of two (2) years from their last connection to the Application or the end of their last Subscription (the longer duration being retained), Blyynd reserves the right to deactivate the User's access to their Account and process their Personal Data in accordance with the Privacy Policy.
6.1.8 In the event of the death of a User, upon production of supporting documents by their heirs or any third party, their personal Profile will be deactivated, and their Content and Personal Data will be processed in accordance with the Privacy Policy.
6.2 Identification Elements
6.2.1 To proceed with the creation of their Account, the User is required to log in using their Apple or Google identification elements.
6.2.2 The identification elements are strictly personal, and the User agrees to keep them confidential and not to disclose them to third parties.
6.2.3 The User is solely authorized to access and use the Services using their identification elements. Any access to the Services with the User's identification elements is deemed to have been made by them and under their responsibility. Therefore, in the event of loss, theft, or any fraudulent act regarding the identification elements, it is up to the User to inform Blyynd as soon as possible and to prove their identity by any means but also to contact Apple or Google as soon as possible to have their identification elements modified.
6.2.4 If there are legitimate reasons to believe that the security of the Application and/or the Services is violated and/or that the use of all or part of the Services is due to unauthorized use of the identification elements and/or an Account, Blyynd may temporarily suspend access to the Account of the User concerned in order to preserve the integrity of Blyynd, the Application, and the Services and if necessary, require the User to modify their identification elements. Similarly, if the User selects a pseudonym as part of the identification elements that is inappropriate, contrary to good morals, or infringes on the rights of a third party, Blyynd reserves the right to suspend access to the relevant personal Profile pending a modification of this pseudonym by the User.
Description of Services
7.1 Services Available
7.1.1 The accessible services include the ability for the User to create an Account and a Profile and to access, free of charge, the following features:
- Create a Profile and be visible to other Users;
- View the Profiles of other Users based on filtering criteria entered on their own Profile;
- Manage their Profile, modify information;
- Store Content, particularly photographs;
- Modify the Application theme: Dark Mode;
- Report / Block / Hide Profiles;
- Log out;
- Unsubscribe directly from their Google or Apple account;
- Consult the Blyynd FAQ;
- Contact the support service;
- Send "Likes" to the Profile of one or more other Users (limited to 15 "Likes" per day).
If two Users declare in the Application to be mutually interested in each other's Profile by assigning a "Like" to each other, then they are connected.
7.1.2 In the context of connecting two Users, each User will have access to the following Services, provided that they have subscribed to the Paid Services beforehand:
- Receive and send Content;
- Manage their conversations: delete, mark as unread, etc.
- Report Profiles
- Block Profiles
- Receive alerts by "warning" messages, as soon as "dangerous" keywords and/or unwanted photos are used in the Content of another User, subject to the User selecting the corresponding options in the Application.
7.1.3 The User is free, at any time, to delete their Account and hence their Profile from the Application.
7.1.4 To permanently delete the Account, the User must go to the "Settings" section, then request deletion of their Account by clicking on "Delete my account".
CAUTION: ACCOUNT DELETION IS PERMANENT AND LEADS TO THE ERASURE OF THE PROFILE, PHOTOS, AND MESSAGES EXCHANGED IN ACCORDANCE WITH THE PRIVACY POLICY; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL THEN BE NECESSARY TO ACCESS THE SERVICES AGAIN.
7.2 Paid Service
7.2.1 To access the Paid Services, the User is required, depending on the Paid Service offered by Blyynd, to:
- Pay the price of the Paid Service and agree to immediately benefit from it in accordance with the provisions of Article 10.3.
- Subscribe to a Subscription under the conditions set forth in Article 9.1 of the TOS.
7.2.2 Payment
To proceed with the payment of a Paid Service, the User will be redirected to the payment module of Google or Apple depending on the Terminal used, and is therefore invited to contact Google or Apple for any questions regarding payment or to exercise any refund or withdrawal request.
NOTE: ACCOUNT TERMINATION DOES NOT RESULT IN THE TERMINATION OF THE SUBSCRIPTION, WHICH WILL REMAIN ACTIVE UNTIL ITS EXPIRATION.
Financial conditions and payment security
8.1 Financial Conditions
8.1.1 The prices of Paid Services displayed on the Application are indicated in euros, including all taxes (VAT and other applicable taxes).
8.1.2 The User acknowledges and agrees that the price of the Paid Service or its Subscription does not include the cost of telecommunications enabling access to the Services offered on the Application and included in their Subscription, nor any other possible costs of Internet connection, which remain entirely the responsibility of the User.
8.1.3 Blyynd reserves the right to modify its prices at any time.
8.1.4 In case of modification of the price of Paid Services, this modification will be effective upon the renewal of the User's Subscription, who will be notified of this modification before the renewal of their Subscription.
8.1.5 In case of modification of the prices of Paid Services, these changes will be effective upon their publication on the Application.
8.2 Transaction Security
8.2.1 Payment of the Subscription price directly through the Google or Apple account is subject to their respective general terms and conditions.
Duration of Paid Services
Access to Paid Services is provided for the duration and/or number of Services indicated to the User when paying for the Paid Service, if applicable, automatically and tacitly renewable for an identical duration in the form of a Subscription.
9.1 Subscription to the Subscription
9.1.1 To subscribe to one of the Subscription packages, the User is invited to select the desired package and provide the information requested to proceed with payment.
9.1.2 Since the only mode of communication between Blyynd and the User is the exchange of emails, to the dedicated address, the User declares and warrants in this regard that the information transmitted by him to Blyynd is sincere and valid and that the email address provided during registration is perfectly valid and operational.
9.1.3 It is the User's responsibility to inform Blyynd of any change in his email address. Subscription to a Subscription can only be made for personal purposes, as declared and acknowledged by the User.
9.1.4 The User's failure to comply with all or part of the obligations undertaken under these T&C, particularly regarding any incident of payment of the Subscription price, may result in Blyynd's right to refuse the User any Subscription or access to the Services until his situation is regularized.
9.2 Any Subscription is concluded for its fixed term, and the amounts paid for this purpose are definitively acquired by Blyynd, including in the event of early termination of the Subscription, unless the right of withdrawal is exercised.
9.2 Automatic Renewal of the Subscription
9.2.1 Regardless of the duration of the Subscription, the User is fully informed that upon its expiration, it will be automatically renewed for an identical duration unless terminated by the User no later than twenty-four (24) hours before the expiration of the current Subscription period. Therefore, if the User does not intend to renew his Subscription or terminate it, he must proceed with termination through the Google or Apple platforms according to the terms provided in the general conditions of these platforms.
9.2.2 In accordance with Article L.215-1 of the Consumer Code:
"For contracts for services concluded for a specified period with an automatic renewal clause, the professional service provider informs the consumer in writing, by named letter or dedicated email, no earlier than three months and no later than one month before the end of the period allowing the rejection of renewal, of the possibility of not renewing the contract he entered into with an automatic renewal clause. This information, provided in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Amounts paid after the last renewal date or, for contracts of indefinite duration, after the date of transformation of the initial contract of a specified duration, are refunded within thirty days from the date of termination, minus the amounts corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information."
9.2.3 In accordance with Article L.215-2 of the Consumer Code:
"The provisions of this chapter do not apply to operators of drinking water and sanitation services."
9.2.4 In accordance with Article L.215-3 of the Consumer Code:
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
9.2.5 In accordance with Article L.241-3 of the Consumer Code:
"When the professional has not made the refund under the conditions provided for in Article L. 215-1, the amounts due bear interest at the legal rate."
User's Right of Withdrawal
10.1. The User acknowledges having received all the information regarding the Services offered on the Application, and more specifically regarding the various Paid Services, including the Subscription packages offered by Blyynd, before subscribing to them, and that the provision of these Services complies with the requirements for distance service provision, particularly via the Internet.
10.2. In accordance with the provisions of Article L.221-18 of the Consumer Code, the User has the right of withdrawal and may decide to withdraw from their Paid Service without needing to invoke any reason, within a period of fourteen (14) calendar days from the confirmation of their Subscription.
10.3. However, the User is informed that they cannot withdraw from payment for a Paid Service if they have already started using it, in accordance with Article L.221-28-1° of the Consumer Code.
10.4. Since the User purchases the Paid Service using their Apple or Google ID, cancellations and refunds are handled by Apple or Google according to their own terms and conditions, over which Blyynd has no control. To request a refund and exercise their right of withdrawal, the User must contact Apple or Google and fill out the dedicated forms.
Engagement and Obligations of Users
11.1. User Obligations
11.1.1. User anonymity is an important condition for the use of the Application and Services, particularly through the absence of a field in the Profile intended for User contact details and their communication to other Users.
11.1.2. Consequently, each User refrains from requesting any User's full real identity other than their first name and/or contact details.
11.1.3. The User agrees to adhere to the terms of these T&C and agrees not to:
- Act in a manner that could disrupt the proper functioning of Blyynd and/or the Application and/or Services;
- Allow or encourage the breach of any provision of these T&C;
- Provide false, incorrect, etc., Personal Data, especially by creating a Profile and/or an Account in the name of another person without their authorization;
- Create multiple Accounts: the User agrees to create only one Account corresponding to them. If Blyynd deletes the User's Account for non-compliance with these T&C, the User agrees not to create another Account without Blyynd's authorization;
- Use their Profile and/or the Services for purposes other than personal and intended purposes, especially for illegal, commercial, etc., purposes;
- Disclose their login credentials to a third party and allow someone to access their Account or do anything that may compromise the security of their Account;
- Violate the Moderation Rules attached to these T&C;
- Exploit all or parts of the elements of Blyynd on which Blyynd holds intellectual property rights without Blyynd's prior written authorization. In general, the User must respect the intellectual property rights relating to the content provided by Blyynd, other Users, or third parties.
11.1.4. In the event of notification from a third party deeming the Content posted on the Application as unlawful, including through any judicial requisition from a competent judicial authority, Blyynd reserves the right to remove, automatically, all or part of the Content posted by a User that would be in breach of these T&C or that would be manifestly unlawful.
11.1.5. Furthermore, in the event of a breach of any of these obligations, particularly under the moderation rules and without limitation, the User acknowledges and accepts that Blyynd has the right to suspend and/or delete access to their Account and all Services without this suspension and/or termination entitling them to any compensation. Blyynd will notify the User by email.
11.2. Special Provisions Regarding Content
When a User has initiated or sent content to another User, these contents, provided they have not been deleted by the User-author or by Blyynd, are only accessible for the duration of storage and for a maximum period of twenty-four (24) hours. Beyond this period, the contents are permanently deleted, including for and by Blyynd, unless the moderation and dispute resolution process is implemented.
Suspension of User Subscription and Deletion of User Account
12.1. Blyynd reserves the right to remove Contents that are sent massively by a User in order to preserve a normal quality of service for other Users.
12.2. Blyynd may also suspend the visibility of Users who use the Services in an automated manner. A presumption of automated use of the Application exists when the User posts Content at a frequency that cannot result from human and manual action. The User will then be notified of the suspension of their visibility and may contact Blyynd to remedy this situation.
12.3. Blyynd also reserves the right to temporarily or permanently remove access to a User who has subscribed to a Subscription but does not comply with the T&C, including the Moderation Rules provided in Annex 1, without any refund from Blyynd.
12.4. In case of non-payment by the User of the Subscription within the required deadlines, Blyynd will promptly suspend all access to the services for the User.
12.5. The end of the Subscription does not automatically result in the deletion of the Account since the User has the option to remain as a User of the Services, albeit without being able to use the Paid Service subject to prior subscription to the Subscription.
13. Advertisement
Blyynd reserves the right to display advertising or promotional messages on its Application.
14. Access and Availability of Services
14.1. Only Users who have indicated identical and/or compatible criteria with those of the User are displayed in the Application, without Blyynd being able to guarantee the presence of Users matching the User's criteria and/or being available to interact with the User.
14.2. Blyynd makes its best efforts to make its Services available 24 hours a day, 7 days a week, and undertakes to provide the various Services of the Application in accordance with these T&C. Given the particular nature of the internet network, access to the Application and/or Services may be interrupted or restricted at any time, especially due to reasons beyond Blyynd's control, for which Blyynd cannot be held responsible.
14.3. Furthermore, Blyynd reserves the right to interrupt access to the Application and/or to all or part of the Services for maintenance and/or improvement work on the Services. These Service interruptions will, to the extent possible for Blyynd, be notified to Users prior to any interruption.
14.4. In case of emergency, Blyynd nevertheless reserves the right to partially or totally suspend access to Blyynd and/or to all or part of the Services for a reasonable duration to carry out any necessary technical operations.
14.5. These Service interruptions shall not give rise to any compensation for the benefit of the User.
14.6. Blyynd reserves the right to modify any information in the Application as part of update or maintenance operations. Blyynd is not responsible for the content of third-party websites to which hypertext links on the Application redirect.
15. Responsibility
15.1. Contents Broadcasted by the User on the Application
15.1.1. The User is solely responsible for the use they make of the Application and the Services and more generally for any operation made from their Profile. The User is solely responsible for all the Content they provide and/or broadcast on the Application, especially to other Users.
15.1.2. Without prejudice to the moderation mechanism described below, the User acknowledges that Blyynd does not exercise prior control over the Content transmitted by the User via the Services. Blyynd can therefore only intervene on the Content broadcasted within the scope of the Services in the event of abuse reported by a User via the Application and/or by sending an email to the following address: support@Blyynd.com. Upon receipt of this notification, Blyynd will make its best efforts to implement the moderation rules as described in Annex 1 and will proceed, if necessary, to remove the contentious Content reported and broadcasted by the User via the Services.
15.1.3. The User is informed that any report addressed to Blyynd may lead to the provisional suspension of the concerned User's Account during the moderation process and Blyynd's access to the contentious Content and its retention. Abusive reports may result in sanctions against the User in accordance with the moderation rules.
15.1.4. In order to mitigate the risks of a poor user experience with the Services, Blyynd has implemented an automatic moderation program on the Application, which does not involve human expertise but only artificial intelligence and allows for the evaluation of the Contents broadcasted by Users. This program conducts an analysis of images and messages that may be harmful to other Users.
This program aims, if the recipient User has requested it for certain moderation parameters, to block Contents containing certain keywords (whose list cannot be disclosed to avoid circumventing the Moderation Rules) as well as certain visuals, especially genitalia.
15.1.5. The User who broadcasted Content that has been flagged by the Application will receive an informational message indicating the purpose of the moderation. The recipient User of the Content blocked by the Application will receive an informational message indicating the purpose of the moderation.
15.1.6. Since the automatic moderation tool is not controlled by a human being but subject to the judgment of artificial intelligence, Blyynd makes no commitment regarding the effectiveness of this tool. Therefore, this tool, whose effectiveness cannot be guaranteed, should not determine the User's consent to the use of the Services and consequently the subscription to a Subscription.
15.1.7. Similarly, Blyynd's liability cannot be engaged if the automatic moderation tool has not moderated Content that should have been moderated, or if, conversely, it has automatically moderated Content that should not have been moderated.
15.2. Limitation of Liability
15.2.1. The User is solely responsible for the use they make of the Services and the Content they publish on the Application. Blyynd cannot, under any circumstances, be held responsible in the context of proceedings initiated against a User who is responsible for non-compliant use of the Services.
15.2.2. The User acknowledges and declares to be of legal age in their country of residence. In case of false declaration regarding the User's age, Blyynd's liability cannot be engaged.
15.2.3. The User acknowledges and agrees that they will personally handle any claim or proceeding brought against Blyynd due to their non-compliant use of the Services and/or the publication of Content.
15.2.4. The Application may contain hypertext links to third-party websites. Given the ephemeral nature of the content that may be disseminated therein, Blyynd's liability cannot be engaged if the content of such third-party websites violates applicable legal and/or regulatory provisions.
15.2.5. Finally, Blyynd's liability cannot be engaged in case of non-compliance with the legislation of a foreign country where the use of the Services and/or downloads would be carried out.
15.2.6. In any event, Blyynd shall not be liable: i) in case of unavailability of the Services due to reasons such as failure of the public electricity network, failure of telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, including the User's; ii) in case of use of the Services by the User in conditions not complying with these T&C and/or any malfunction of any kind relating to the User's Terminal and their Internet access connection; iii) within the limits of applicable law, for any indirect damages, such as notably harmful consequences of an infringement of image rights, privacy rights, loss of profits, data loss, or any other loss of intangible assets, even if Blyynd has been informed of the possibility of such damages occurring.
16 Intellectual Property
16.1. Copyright
Blyynd is the holder or licensee of intellectual property rights in both the general structure of the Application and its content (texts, slogans, graphics, images, videos, photos, programs, and other content), excluding any User Content. Therefore, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Application and/or its content and/or Services, by any means and on any media, without the express prior authorization of Blyynd, is prohibited and constitutes acts of copyright infringement that may incur both criminal and civil liability for the User.
16.2. Distinctive Signs
The trademarks, logos, trade names, acronyms, commercial names, signs, and/or domain names of Blyynd and/or its commercial partners mentioned on the Application enabling access to the Services provided by Blyynd, constitute distinctive signs that cannot be used without the express prior authorization of their owner. Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, misappropriation of corporate name, commercial name, and domain name, engaging the tortious civil liability of its author.
16.3. Scope of the License
The User acknowledges and agrees that access to the content of the Services provided by Blyynd does not entail any assignment or granting of intellectual property rights (copyrights in particular) and other personality rights (right to image, right to privacy) to the benefit of the User. Access to the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in these T&C.
Data Protection
17.1. The User acknowledges that by providing their Personal Data on the Application, they accept that such data may be disclosed and accessible to other Users in accordance with the settings determined by them in their Profile as well as for the purpose of the various Services and, more generally, the Application.
17.2. For more information on the policy regarding the collection and processing of Users' Personal Data on the Application, Users are invited to consult the Privacy Policy by clicking here <Link to the Privacy Policy>.
17.3. The data collected or used in accordance with these T&C comply with the privacy rules of Google or Apple's privacy policies depending on the User's Terminal.
Miscellaneous
18.1. Force Majeure
Blyynd shall not be liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the French Civil Code.
18.2. Insurance
Blyynd is insured by a cyber insurance policy with Beazley France located at 1 rue Saint Georges, 75009 Paris.
18.3. Correspondence - Evidence
Unless otherwise provided in these T&C, correspondence between Blyynd and the User is exclusively conducted via email and through correspondence within the Application.
The User acknowledges and agrees that the information provided by Blyynd via email and/or on the Application shall be binding between the User and Blyynd. The timing of receipt or transmission, as well as the quality of the received data, shall take precedence as shown on the Application, or as authenticated by Blyynd's computerized procedures, unless proven otherwise in writing by the User. The evidentiary value of the information provided on the Application shall be equivalent to that of an original in the sense of a handwritten paper document.
18.4. Entirety of the T&C
These T&C represent the entire obligations of Blyynd and the User.
18.5. Partial Invalidity
In the event that one or more provisions of these T&C are deemed null, void, or declared as such pursuant to a law, regulation, or decision of a competent jurisdiction having authority of res judicata, the remaining provisions shall remain in full force and effect and shall be fully applicable, unless the invalid provisions were substantial and their removal would undermine the contractual balance.
18.6. Headings
In case of difficulties in interpretation between any of the headings appearing at the beginning of the clauses of these T&C and any clause, the headings shall be deemed nonexistent.
Applicable Law - Dispute Resolution
19.1. These Terms and Conditions shall be executed and interpreted in accordance with French law.
19.2. In the event of a dispute arising in connection with these Terms and Conditions, their interpretation and consequences, or with acts supplementing or modifying them, the User shall contact Blyynd in order to attempt to obtain an amicable solution.
19.3. Any claim against Blyynd must be made in writing.
19.4. In the absence of an amicable settlement, the User may in any event resort to conventional mediation in accordance with the provisions of articles L.611-1 et seq. of the Consumer Code: (i) either with a mediator of their choice, or (ii) by using the online dispute resolution system accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. It is specified that the proposed mediation process cannot be a precondition for the User to bring proceedings before the competent courts.
Annex 1: Moderation Rules
Article 1: User Commitments
These moderation rules must be respected by the User, who undertakes to comply with the obligations provided for in the T&C and not to (including attempting to):
- Use the Application and Services for illegal purposes, such as pimping, incitement to racial hatred, denial of crimes against humanity, defamation and insults, computer hacking, dissemination of content harmful to the integrity and dignity of the human person, proselytism, or conveying political and/or extremist ideas, whatever they may be;
- Use their personal Profile or, in general, within the scope of using the Application and its Services, engage in acts of any nature, such as issuing, editing, or uploading data or Content contrary to the law, infringing public order, the rights of Blyynd, or third parties;
- Publish Content inciting hatred or violence, threatening, pedophilic, or containing unwanted violence, and more generally any content that may be criminally punishable;
- Without prior written agreement from the recipient User, distribute pornographic or nude Content;
- Distribute Content including the presence of minors;
- Distribute media with added text;
- Distribute sexual solicitation content with financial compensation;
- Use offensive language against another User without their prior written consent;
- Offer contests or lotteries ("promotions") without prior written consent from Blyynd;
- Distribute official documents or financial information concerning others;
- Obtain information about Users or the Content they publish using automated methods (such as robots, spiders, etc.);
- Send commercial communications;
- Conduct marketing or pyramid-style activities directly or indirectly through the Services;
- Upload viruses or other malicious code to the Application;
- Request login information and access to a Profile belonging to another User;
- Intimidate and/or harass other Users;
- Obtain the contact details and/or identity of the User.
Article 2: Automatic Moderation
In accordance with Article 15.1.4, to limit the risks of a poor user experience, Blyynd has implemented an automatic moderation program on the Application. This program does not involve human expertise but relies solely on artificial intelligence, allowing the evaluation of Content distributed by Users. This program analyzes images and messages that could harm other Users and blocks Content:
- Including extremist content (swastikas, other extremist signs)
- Featuring the presence of children
- With added text
- Including male genitalia if Safe Lock is activated
When media submission is automatically blocked, an information message will appear in a popup on the sender's screen, indicating that these are types of media rejected by Blyynd's regulations.
Article 3: Sanctions
A User can block another User at any time. By blocking, the blocked User will never appear again in the profile proposals by Blyynd to the User who initiated the block. However, such blocking is not considered a report by Blyynd.
Flagging "abusive behavior" and "others" = Yellow Flag
- 1 Yellow flag / day: OK
- 2 Yellow flags / day: warning in messages + popup
- 3 or more Yellow flags / day: moderation, if confirmed → account freeze for 48H
- If the User repeats, next Yellow Flag, confirmed by the Blyynd team = 1-week account freeze
Flagging "Not the claimed person" = Orange Flag
- 1 Orange flag / day: OK
- 2 Orange flags / day: warning in messages + popup
- 3 or more Orange flags / day: popup + moderation, if confirmed → request for identification document by Blyynd's customer support service + verification selfie
Flagging "sexual services" = Red Flag
- 1 Red flag / day = warning in messages
- 2 Red flags / day = popup + moderation, if confirmed → account freeze + banishment
Flagging "Dark Flag":
- Media including extremist content (swastikas, other extremist signs)
- Media featuring the presence of children
The Dark Flag is a warning lasting five (5) years. When the User receives two (2) Dark Flags, Blyynd warns the User of the forbidden nature of the Content as well as the risk of account freeze.
In case the User receives three (3) Dark Flags, the User is frozen after verification by Blyynd.
Banishment results in the termination of the Subscription and deletion of the Account.
Flagging "others" = White Flag
- 2 White Flags / day = analysis and control of the Content in accordance with the Moderation Rules and the T&C, possible requalification into Yellow / Orange / Red / Dark Flags
If a User makes "abusive" reports (unjustified), Blyynd reserves the right to freeze the account of that User.
Updated: January 2, 2024
General
Term of Use
English
French
Legal Information
1.1 The Blyynd Application and the services described in these General Terms of Service and Use are edited, operated, and provided by Blyynd, a simplified joint-stock company registered with the Strasbourg Trade and Companies Register (67000) under number 912 765 948, with its registered office at 13A rue La Fontaine, 67380 Lingolsheim (hereinafter referred to as "Blyynd").
1.2 The Application is hosted by Google Cloud France SARL, located at 8 rue de Londres, 75009 Paris, France.
Subject of these General Terms of Service and Use
2.1 These General Terms of Service and Use (hereinafter referred to as the "Terms") aim to define the conditions under which the virtual matchmaking Services are made available to Users on the Blyynd Application, and, where applicable, the related online private correspondence subject to the creation of an Account and, for some of these Services, the prior subscription to a Subscription.
2.2 Access to the Application and Services is free (except for certain Services specifically identified in these Terms and/or on the Application) and exclusively reserved for an adult audience and legally capable individuals. Minors must not access the Services offered by Blyynd. By using the Application and/or Services, the User declares and warrants to be of legal age.
Complaints and Support
For any information, inquiry, technical complaint, or regarding the Services and/or the Application and/or a Subscription, the User is invited to submit their request:
By postal mail: to the address of Blyynd's headquarters as indicated in article 1.1.
By email: support@Blyynd.com.
By phone: 07 56 82 35 02.
Telephone support is available Monday to Friday from 9 a.m. to 6 p.m.
Telephone communication is charged at the local call rate.
Definitions
- Subscription: Refers to the periodic contract automatically renewed for an identical duration (unless terminated) to which the User subscribes in order to benefit from certain Paid Services;
- Application: Refers to the Blyynd application software, downloadable from the App Store or Google Play Store on a Terminal;
- Blyynd: Refers to the Blyynd company identified in Article 1.1;
- C.G.S.: Refers to these General Terms of Service and Use;
- Account: Refers to the personal space created by a User accessible only with Identification Elements;
- Content: Refers to the content of any kind (including textual, visual, photographic data, chat rooms, etc., subject to Broadcasting Rules) provided and/or disseminated by the User in the Application, particularly in their Profile and/or sent to another User within the scope of the Services;
- Personal Data: Refers to the User's personal data collected and/or processed by Blyynd in the context of using the Application, such as, where applicable, creating and managing their Account and providing the Services, under the conditions and modalities defined in the Privacy Policy;
- Identification Elements: Refers to the login credentials and Apple or Google password depending on the Terminal used;
- Privacy Policy: Refers to the privacy policy concerning the conditions and modalities of processing Users' Personal Data by Blyynd;
- Profile: Refers to the profile of a User accessible on the Application to other Users and composed of information provided by the User;
- Moderation Rules: Refers to the conditions described in Appendix 1 hereof, accessible from the following link and modifiable at any time, which every User must comply with in the context of using the Application, and more particularly the Services. Any violation of these conditions may allow Blyynd to suspend/delete the Account, as well as to exercise any of the specific measures described in Article 12;
- App Store Rules: Refers to the rules of the App Store accessible at the following link: [App Store Rules](https://developer.apple.com/terms/);
- Google Play Rules: Refers to the Google Play rules accessible at the following link: [Google Play Rules](https://play.google.com/intl/all_fr/about/developer-distribution-agreement.html);
- Services: Refers to the service of connecting Users for the purpose of exchanging private electronic correspondences, and more generally the features of Blyynd as described in Article 7, including, where applicable, the Paid Services, made available to Users and accessible from the Application following the prior creation of an Account;
- Paid Services: Refers to the additional Service(s) to which the User gains access for a limited duration and/or for a limited number of Services by immediate payment of the Service price, where applicable, renewable in the form of a Subscription;
- Terminal: Refers to, in accordance with Directive 2008/63/EC, the hardware equipment (tablet, smartphone) used by the User exploiting at least IOS version 14 or Android version 5 to download and access the Application and benefit from the Services;
- User: Refers to any adult natural person accessing the Application, who may have created an Account in order to benefit from the Services, in compliance with these C.G.S., and for personal use only, excluding any other purpose.
Scope of Application, Acceptance, and Modification of the General Terms and Conditions (GTC)
5.1 Les C.G.S. ont pour objet de définir les conditions dans lesquelles les Utilisateurs peuvent accéder à l’Application, créer leur Compte, et bénéficier en conséquence des Services.
5.2 Les C.G.S. se conforment et sont soumises, le cas échéant, aux Règles App Store et aux Règles Google Play.
5.3 Toute utilisation de l’Application et/ou des Services emporte de plein droit l’application des présentes C.G.S.
5.4 Les C.G.S. pouvant faire l'objet de modifications, les C.G.S. applicables sont celles en vigueur et accessibles sur l’Application et tout autre support à la date de création du Compte par l’Utilisateur, puis, en cas de modification, à la date d’accès à l’Application. Il appartient donc à l’Utilisateur de prendre connaissance régulièrement des C.G.S.
Account and Profile Creation
6.1 Registration
6.1.1 The Terminal allowing access to the Application as well as all telecommunication costs resulting from their use are the responsibility of the User. Therefore, it is up to the User to take all appropriate measures to protect their Personal Data, information, and/or software from any contamination by potential viruses, especially from the Internet network.
6.1.2 By completing the registration form on the Application to create their Account, the User declares and guarantees that they have all the capacity to do so and that the information provided, especially their Personal Data, is accurate, up-to-date, and complete.
6.1.3 The User undertakes to provide an effective and valid phone number of which they are the exclusive owner.
6.1.4 The User also undertakes to promptly update their Personal Data (especially their email address and phone number) as soon as any of them is modified in order to maintain the accuracy of this information by visiting their Account.
6.1.5 The User acknowledges that Blyynd reserves the right to verify their Personal Data and to suspend or terminate access to their Account and thus withdraw their ability to access the Application and benefit from the Services, in the event that the User does not comply with the registration terms herein, particularly if they provide false, inaccurate, incomplete, or outdated Personal Data.
6.1.6 Under no circumstances shall Blyynd be held liable to Users or third parties for any error, omission, or inaccuracy regarding the Personal Data communicated by the User.
6.1.7 In the event of total inactivity by the User for a period of two (2) years from their last connection to the Application or the end of their last Subscription (the longer duration being retained), Blyynd reserves the right to deactivate the User's access to their Account and process their Personal Data in accordance with the Privacy Policy.
6.1.8 In the event of the death of a User, upon production of supporting documents by their heirs or any third party, their personal Profile will be deactivated, and their Content and Personal Data will be processed in accordance with the Privacy Policy.
6.2 Identification Elements
6.2.1 To proceed with the creation of their Account, the User is required to log in using their Apple or Google identification elements.
6.2.2 The identification elements are strictly personal, and the User agrees to keep them confidential and not to disclose them to third parties.
6.2.3 The User is solely authorized to access and use the Services using their identification elements. Any access to the Services with the User's identification elements is deemed to have been made by them and under their responsibility. Therefore, in the event of loss, theft, or any fraudulent act regarding the identification elements, it is up to the User to inform Blyynd as soon as possible and to prove their identity by any means but also to contact Apple or Google as soon as possible to have their identification elements modified.
6.2.4 If there are legitimate reasons to believe that the security of the Application and/or the Services is violated and/or that the use of all or part of the Services is due to unauthorized use of the identification elements and/or an Account, Blyynd may temporarily suspend access to the Account of the User concerned in order to preserve the integrity of Blyynd, the Application, and the Services and if necessary, require the User to modify their identification elements. Similarly, if the User selects a pseudonym as part of the identification elements that is inappropriate, contrary to good morals, or infringes on the rights of a third party, Blyynd reserves the right to suspend access to the relevant personal Profile pending a modification of this pseudonym by the User.
Description of Services
7.1 Services Available
7.1.1 The accessible services include the ability for the User to create an Account and a Profile and to access, free of charge, the following features:
- Create a Profile and be visible to other Users;
- View the Profiles of other Users based on filtering criteria entered on their own Profile;
- Manage their Profile, modify information;
- Store Content, particularly photographs;
- Modify the Application theme: Dark Mode;
- Report / Block / Hide Profiles;
- Log out;
- Unsubscribe directly from their Google or Apple account;
- Consult the Blyynd FAQ;
- Contact the support service;
- Send "Likes" to the Profile of one or more other Users (limited to 15 "Likes" per day).
If two Users declare in the Application to be mutually interested in each other's Profile by assigning a "Like" to each other, then they are connected.
7.1.2 In the context of connecting two Users, each User will have access to the following Services, provided that they have subscribed to the Paid Services beforehand:
- Receive and send Content;
- Manage their conversations: delete, mark as unread, etc.
- Report Profiles
- Block Profiles
- Receive alerts by "warning" messages, as soon as "dangerous" keywords and/or unwanted photos are used in the Content of another User, subject to the User selecting the corresponding options in the Application.
7.1.3 The User is free, at any time, to delete their Account and hence their Profile from the Application.
7.1.4 To permanently delete the Account, the User must go to the "Settings" section, then request deletion of their Account by clicking on "Delete my account".
CAUTION: ACCOUNT DELETION IS PERMANENT AND LEADS TO THE ERASURE OF THE PROFILE, PHOTOS, AND MESSAGES EXCHANGED IN ACCORDANCE WITH THE PRIVACY POLICY; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL THEN BE NECESSARY TO ACCESS THE SERVICES AGAIN.
7.2 Paid Service
7.2.1 To access the Paid Services, the User is required, depending on the Paid Service offered by Blyynd, to:
- Pay the price of the Paid Service and agree to immediately benefit from it in accordance with the provisions of Article 10.3.
- Subscribe to a Subscription under the conditions set forth in Article 9.1 of the TOS.
7.2.2 Payment
To proceed with the payment of a Paid Service, the User will be redirected to the payment module of Google or Apple depending on the Terminal used, and is therefore invited to contact Google or Apple for any questions regarding payment or to exercise any refund or withdrawal request.
NOTE: ACCOUNT TERMINATION DOES NOT RESULT IN THE TERMINATION OF THE SUBSCRIPTION, WHICH WILL REMAIN ACTIVE UNTIL ITS EXPIRATION.
Financial conditions and payment security
8.1 Financial Conditions
8.1.1 The prices of Paid Services displayed on the Application are indicated in euros, including all taxes (VAT and other applicable taxes).
8.1.2 The User acknowledges and agrees that the price of the Paid Service or its Subscription does not include the cost of telecommunications enabling access to the Services offered on the Application and included in their Subscription, nor any other possible costs of Internet connection, which remain entirely the responsibility of the User.
8.1.3 Blyynd reserves the right to modify its prices at any time.
8.1.4 In case of modification of the price of Paid Services, this modification will be effective upon the renewal of the User's Subscription, who will be notified of this modification before the renewal of their Subscription.
8.1.5 In case of modification of the prices of Paid Services, these changes will be effective upon their publication on the Application.
8.2 Transaction Security
8.2.1 Payment of the Subscription price directly through the Google or Apple account is subject to their respective general terms and conditions.
Duration of Paid Services
Access to Paid Services is provided for the duration and/or number of Services indicated to the User when paying for the Paid Service, if applicable, automatically and tacitly renewable for an identical duration in the form of a Subscription.
9.1 Subscription to the Subscription
9.1.1 To subscribe to one of the Subscription packages, the User is invited to select the desired package and provide the information requested to proceed with payment.
9.1.2 Since the only mode of communication between Blyynd and the User is the exchange of emails, to the dedicated address, the User declares and warrants in this regard that the information transmitted by him to Blyynd is sincere and valid and that the email address provided during registration is perfectly valid and operational.
9.1.3 It is the User's responsibility to inform Blyynd of any change in his email address. Subscription to a Subscription can only be made for personal purposes, as declared and acknowledged by the User.
9.1.4 The User's failure to comply with all or part of the obligations undertaken under these T&C, particularly regarding any incident of payment of the Subscription price, may result in Blyynd's right to refuse the User any Subscription or access to the Services until his situation is regularized.
9.2 Any Subscription is concluded for its fixed term, and the amounts paid for this purpose are definitively acquired by Blyynd, including in the event of early termination of the Subscription, unless the right of withdrawal is exercised.
9.2 Automatic Renewal of the Subscription
9.2.1 Regardless of the duration of the Subscription, the User is fully informed that upon its expiration, it will be automatically renewed for an identical duration unless terminated by the User no later than twenty-four (24) hours before the expiration of the current Subscription period. Therefore, if the User does not intend to renew his Subscription or terminate it, he must proceed with termination through the Google or Apple platforms according to the terms provided in the general conditions of these platforms.
9.2.2 In accordance with Article L.215-1 of the Consumer Code:
"For contracts for services concluded for a specified period with an automatic renewal clause, the professional service provider informs the consumer in writing, by named letter or dedicated email, no earlier than three months and no later than one month before the end of the period allowing the rejection of renewal, of the possibility of not renewing the contract he entered into with an automatic renewal clause. This information, provided in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Amounts paid after the last renewal date or, for contracts of indefinite duration, after the date of transformation of the initial contract of a specified duration, are refunded within thirty days from the date of termination, minus the amounts corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information."
9.2.3 In accordance with Article L.215-2 of the Consumer Code:
"The provisions of this chapter do not apply to operators of drinking water and sanitation services."
9.2.4 In accordance with Article L.215-3 of the Consumer Code:
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
9.2.5 In accordance with Article L.241-3 of the Consumer Code:
"When the professional has not made the refund under the conditions provided for in Article L. 215-1, the amounts due bear interest at the legal rate."
User's Right of Withdrawal
10.1. The User acknowledges having received all the information regarding the Services offered on the Application, and more specifically regarding the various Paid Services, including the Subscription packages offered by Blyynd, before subscribing to them, and that the provision of these Services complies with the requirements for distance service provision, particularly via the Internet.
10.2. In accordance with the provisions of Article L.221-18 of the Consumer Code, the User has the right of withdrawal and may decide to withdraw from their Paid Service without needing to invoke any reason, within a period of fourteen (14) calendar days from the confirmation of their Subscription.
10.3. However, the User is informed that they cannot withdraw from payment for a Paid Service if they have already started using it, in accordance with Article L.221-28-1° of the Consumer Code.
10.4. Since the User purchases the Paid Service using their Apple or Google ID, cancellations and refunds are handled by Apple or Google according to their own terms and conditions, over which Blyynd has no control. To request a refund and exercise their right of withdrawal, the User must contact Apple or Google and fill out the dedicated forms.
Engagement and Obligations of Users
11.1. User Obligations
11.1.1. User anonymity is an important condition for the use of the Application and Services, particularly through the absence of a field in the Profile intended for User contact details and their communication to other Users.
11.1.2. Consequently, each User refrains from requesting any User's full real identity other than their first name and/or contact details.
11.1.3. The User agrees to adhere to the terms of these T&C and agrees not to:
- Act in a manner that could disrupt the proper functioning of Blyynd and/or the Application and/or Services;
- Allow or encourage the breach of any provision of these T&C;
- Provide false, incorrect, etc., Personal Data, especially by creating a Profile and/or an Account in the name of another person without their authorization;
- Create multiple Accounts: the User agrees to create only one Account corresponding to them. If Blyynd deletes the User's Account for non-compliance with these T&C, the User agrees not to create another Account without Blyynd's authorization;
- Use their Profile and/or the Services for purposes other than personal and intended purposes, especially for illegal, commercial, etc., purposes;
- Disclose their login credentials to a third party and allow someone to access their Account or do anything that may compromise the security of their Account;
- Violate the Moderation Rules attached to these T&C;
- Exploit all or parts of the elements of Blyynd on which Blyynd holds intellectual property rights without Blyynd's prior written authorization. In general, the User must respect the intellectual property rights relating to the content provided by Blyynd, other Users, or third parties.
11.1.4. In the event of notification from a third party deeming the Content posted on the Application as unlawful, including through any judicial requisition from a competent judicial authority, Blyynd reserves the right to remove, automatically, all or part of the Content posted by a User that would be in breach of these T&C or that would be manifestly unlawful.
11.1.5. Furthermore, in the event of a breach of any of these obligations, particularly under the moderation rules and without limitation, the User acknowledges and accepts that Blyynd has the right to suspend and/or delete access to their Account and all Services without this suspension and/or termination entitling them to any compensation. Blyynd will notify the User by email.
11.2. Special Provisions Regarding Content
When a User has initiated or sent content to another User, these contents, provided they have not been deleted by the User-author or by Blyynd, are only accessible for the duration of storage and for a maximum period of twenty-four (24) hours. Beyond this period, the contents are permanently deleted, including for and by Blyynd, unless the moderation and dispute resolution process is implemented.
Suspension of User Subscription and Deletion of User Account
12.1. Blyynd reserves the right to remove Contents that are sent massively by a User in order to preserve a normal quality of service for other Users.
12.2. Blyynd may also suspend the visibility of Users who use the Services in an automated manner. A presumption of automated use of the Application exists when the User posts Content at a frequency that cannot result from human and manual action. The User will then be notified of the suspension of their visibility and may contact Blyynd to remedy this situation.
12.3. Blyynd also reserves the right to temporarily or permanently remove access to a User who has subscribed to a Subscription but does not comply with the T&C, including the Moderation Rules provided in Annex 1, without any refund from Blyynd.
12.4. In case of non-payment by the User of the Subscription within the required deadlines, Blyynd will promptly suspend all access to the services for the User.
12.5. The end of the Subscription does not automatically result in the deletion of the Account since the User has the option to remain as a User of the Services, albeit without being able to use the Paid Service subject to prior subscription to the Subscription.
13. Advertisement
Blyynd reserves the right to display advertising or promotional messages on its Application.
14. Access and Availability of Services
14.1. Only Users who have indicated identical and/or compatible criteria with those of the User are displayed in the Application, without Blyynd being able to guarantee the presence of Users matching the User's criteria and/or being available to interact with the User.
14.2. Blyynd makes its best efforts to make its Services available 24 hours a day, 7 days a week, and undertakes to provide the various Services of the Application in accordance with these T&C. Given the particular nature of the internet network, access to the Application and/or Services may be interrupted or restricted at any time, especially due to reasons beyond Blyynd's control, for which Blyynd cannot be held responsible.
14.3. Furthermore, Blyynd reserves the right to interrupt access to the Application and/or to all or part of the Services for maintenance and/or improvement work on the Services. These Service interruptions will, to the extent possible for Blyynd, be notified to Users prior to any interruption.
14.4. In case of emergency, Blyynd nevertheless reserves the right to partially or totally suspend access to Blyynd and/or to all or part of the Services for a reasonable duration to carry out any necessary technical operations.
14.5. These Service interruptions shall not give rise to any compensation for the benefit of the User.
14.6. Blyynd reserves the right to modify any information in the Application as part of update or maintenance operations. Blyynd is not responsible for the content of third-party websites to which hypertext links on the Application redirect.
15. Responsibility
15.1. Contents Broadcasted by the User on the Application
15.1.1. The User is solely responsible for the use they make of the Application and the Services and more generally for any operation made from their Profile. The User is solely responsible for all the Content they provide and/or broadcast on the Application, especially to other Users.
15.1.2. Without prejudice to the moderation mechanism described below, the User acknowledges that Blyynd does not exercise prior control over the Content transmitted by the User via the Services. Blyynd can therefore only intervene on the Content broadcasted within the scope of the Services in the event of abuse reported by a User via the Application and/or by sending an email to the following address: support@Blyynd.com. Upon receipt of this notification, Blyynd will make its best efforts to implement the moderation rules as described in Annex 1 and will proceed, if necessary, to remove the contentious Content reported and broadcasted by the User via the Services.
15.1.3. The User is informed that any report addressed to Blyynd may lead to the provisional suspension of the concerned User's Account during the moderation process and Blyynd's access to the contentious Content and its retention. Abusive reports may result in sanctions against the User in accordance with the moderation rules.
15.1.4. In order to mitigate the risks of a poor user experience with the Services, Blyynd has implemented an automatic moderation program on the Application, which does not involve human expertise but only artificial intelligence and allows for the evaluation of the Contents broadcasted by Users. This program conducts an analysis of images and messages that may be harmful to other Users.
This program aims, if the recipient User has requested it for certain moderation parameters, to block Contents containing certain keywords (whose list cannot be disclosed to avoid circumventing the Moderation Rules) as well as certain visuals, especially genitalia.
15.1.5. The User who broadcasted Content that has been flagged by the Application will receive an informational message indicating the purpose of the moderation. The recipient User of the Content blocked by the Application will receive an informational message indicating the purpose of the moderation.
15.1.6. Since the automatic moderation tool is not controlled by a human being but subject to the judgment of artificial intelligence, Blyynd makes no commitment regarding the effectiveness of this tool. Therefore, this tool, whose effectiveness cannot be guaranteed, should not determine the User's consent to the use of the Services and consequently the subscription to a Subscription.
15.1.7. Similarly, Blyynd's liability cannot be engaged if the automatic moderation tool has not moderated Content that should have been moderated, or if, conversely, it has automatically moderated Content that should not have been moderated.
15.2. Limitation of Liability
15.2.1. The User is solely responsible for the use they make of the Services and the Content they publish on the Application. Blyynd cannot, under any circumstances, be held responsible in the context of proceedings initiated against a User who is responsible for non-compliant use of the Services.
15.2.2. The User acknowledges and declares to be of legal age in their country of residence. In case of false declaration regarding the User's age, Blyynd's liability cannot be engaged.
15.2.3. The User acknowledges and agrees that they will personally handle any claim or proceeding brought against Blyynd due to their non-compliant use of the Services and/or the publication of Content.
15.2.4. The Application may contain hypertext links to third-party websites. Given the ephemeral nature of the content that may be disseminated therein, Blyynd's liability cannot be engaged if the content of such third-party websites violates applicable legal and/or regulatory provisions.
15.2.5. Finally, Blyynd's liability cannot be engaged in case of non-compliance with the legislation of a foreign country where the use of the Services and/or downloads would be carried out.
15.2.6. In any event, Blyynd shall not be liable: i) in case of unavailability of the Services due to reasons such as failure of the public electricity network, failure of telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, including the User's; ii) in case of use of the Services by the User in conditions not complying with these T&C and/or any malfunction of any kind relating to the User's Terminal and their Internet access connection; iii) within the limits of applicable law, for any indirect damages, such as notably harmful consequences of an infringement of image rights, privacy rights, loss of profits, data loss, or any other loss of intangible assets, even if Blyynd has been informed of the possibility of such damages occurring.
16 Intellectual Property
16.1. Copyright
Blyynd is the holder or licensee of intellectual property rights in both the general structure of the Application and its content (texts, slogans, graphics, images, videos, photos, programs, and other content), excluding any User Content. Therefore, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Application and/or its content and/or Services, by any means and on any media, without the express prior authorization of Blyynd, is prohibited and constitutes acts of copyright infringement that may incur both criminal and civil liability for the User.
16.2. Distinctive Signs
The trademarks, logos, trade names, acronyms, commercial names, signs, and/or domain names of Blyynd and/or its commercial partners mentioned on the Application enabling access to the Services provided by Blyynd, constitute distinctive signs that cannot be used without the express prior authorization of their owner. Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, misappropriation of corporate name, commercial name, and domain name, engaging the tortious civil liability of its author.
16.3. Scope of the License
The User acknowledges and agrees that access to the content of the Services provided by Blyynd does not entail any assignment or granting of intellectual property rights (copyrights in particular) and other personality rights (right to image, right to privacy) to the benefit of the User. Access to the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in these T&C.
Data Protection
17.1. The User acknowledges that by providing their Personal Data on the Application, they accept that such data may be disclosed and accessible to other Users in accordance with the settings determined by them in their Profile as well as for the purpose of the various Services and, more generally, the Application.
17.2. For more information on the policy regarding the collection and processing of Users' Personal Data on the Application, Users are invited to consult the Privacy Policy by clicking here <Link to the Privacy Policy>.
17.3. The data collected or used in accordance with these T&C comply with the privacy rules of Google or Apple's privacy policies depending on the User's Terminal.
Miscellaneous
18.1. Force Majeure
Blyynd shall not be liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the French Civil Code.
18.2. Insurance
Blyynd is insured by a cyber insurance policy with Beazley France located at 1 rue Saint Georges, 75009 Paris.
18.3. Correspondence - Evidence
Unless otherwise provided in these T&C, correspondence between Blyynd and the User is exclusively conducted via email and through correspondence within the Application.
The User acknowledges and agrees that the information provided by Blyynd via email and/or on the Application shall be binding between the User and Blyynd. The timing of receipt or transmission, as well as the quality of the received data, shall take precedence as shown on the Application, or as authenticated by Blyynd's computerized procedures, unless proven otherwise in writing by the User. The evidentiary value of the information provided on the Application shall be equivalent to that of an original in the sense of a handwritten paper document.
18.4. Entirety of the T&C
These T&C represent the entire obligations of Blyynd and the User.
18.5. Partial Invalidity
In the event that one or more provisions of these T&C are deemed null, void, or declared as such pursuant to a law, regulation, or decision of a competent jurisdiction having authority of res judicata, the remaining provisions shall remain in full force and effect and shall be fully applicable, unless the invalid provisions were substantial and their removal would undermine the contractual balance.
18.6. Headings
In case of difficulties in interpretation between any of the headings appearing at the beginning of the clauses of these T&C and any clause, the headings shall be deemed nonexistent.
Applicable Law - Dispute Resolution
19.1. These Terms and Conditions shall be executed and interpreted in accordance with French law.
19.2. In the event of a dispute arising in connection with these Terms and Conditions, their interpretation and consequences, or with acts supplementing or modifying them, the User shall contact Blyynd in order to attempt to obtain an amicable solution.
19.3. Any claim against Blyynd must be made in writing.
19.4. In the absence of an amicable settlement, the User may in any event resort to conventional mediation in accordance with the provisions of articles L.611-1 et seq. of the Consumer Code: (i) either with a mediator of their choice, or (ii) by using the online dispute resolution system accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. It is specified that the proposed mediation process cannot be a precondition for the User to bring proceedings before the competent courts.
Annex 1: Moderation Rules
Article 1: User Commitments
These moderation rules must be respected by the User, who undertakes to comply with the obligations provided for in the T&C and not to (including attempting to):
- Use the Application and Services for illegal purposes, such as pimping, incitement to racial hatred, denial of crimes against humanity, defamation and insults, computer hacking, dissemination of content harmful to the integrity and dignity of the human person, proselytism, or conveying political and/or extremist ideas, whatever they may be;
- Use their personal Profile or, in general, within the scope of using the Application and its Services, engage in acts of any nature, such as issuing, editing, or uploading data or Content contrary to the law, infringing public order, the rights of Blyynd, or third parties;
- Publish Content inciting hatred or violence, threatening, pedophilic, or containing unwanted violence, and more generally any content that may be criminally punishable;
- Without prior written agreement from the recipient User, distribute pornographic or nude Content;
- Distribute Content including the presence of minors;
- Distribute media with added text;
- Distribute sexual solicitation content with financial compensation;
- Use offensive language against another User without their prior written consent;
- Offer contests or lotteries ("promotions") without prior written consent from Blyynd;
- Distribute official documents or financial information concerning others;
- Obtain information about Users or the Content they publish using automated methods (such as robots, spiders, etc.);
- Send commercial communications;
- Conduct marketing or pyramid-style activities directly or indirectly through the Services;
- Upload viruses or other malicious code to the Application;
- Request login information and access to a Profile belonging to another User;
- Intimidate and/or harass other Users;
- Obtain the contact details and/or identity of the User.
Article 2: Automatic Moderation
In accordance with Article 15.1.4, to limit the risks of a poor user experience, Blyynd has implemented an automatic moderation program on the Application. This program does not involve human expertise but relies solely on artificial intelligence, allowing the evaluation of Content distributed by Users. This program analyzes images and messages that could harm other Users and blocks Content:
- Including extremist content (swastikas, other extremist signs)
- Featuring the presence of children
- With added text
- Including male genitalia if Safe Lock is activated
When media submission is automatically blocked, an information message will appear in a popup on the sender's screen, indicating that these are types of media rejected by Blyynd's regulations.
Article 3: Sanctions
A User can block another User at any time. By blocking, the blocked User will never appear again in the profile proposals by Blyynd to the User who initiated the block. However, such blocking is not considered a report by Blyynd.
Flagging "abusive behavior" and "others" = Yellow Flag
- 1 Yellow flag / day: OK
- 2 Yellow flags / day: warning in messages + popup
- 3 or more Yellow flags / day: moderation, if confirmed → account freeze for 48H
- If the User repeats, next Yellow Flag, confirmed by the Blyynd team = 1-week account freeze
Flagging "Not the claimed person" = Orange Flag
- 1 Orange flag / day: OK
- 2 Orange flags / day: warning in messages + popup
- 3 or more Orange flags / day: popup + moderation, if confirmed → request for identification document by Blyynd's customer support service + verification selfie
Flagging "sexual services" = Red Flag
- 1 Red flag / day = warning in messages
- 2 Red flags / day = popup + moderation, if confirmed → account freeze + banishment
Flagging "Dark Flag":
- Media including extremist content (swastikas, other extremist signs)
- Media featuring the presence of children
The Dark Flag is a warning lasting five (5) years. When the User receives two (2) Dark Flags, Blyynd warns the User of the forbidden nature of the Content as well as the risk of account freeze.
In case the User receives three (3) Dark Flags, the User is frozen after verification by Blyynd.
Banishment results in the termination of the Subscription and deletion of the Account.
Flagging "others" = White Flag
- 2 White Flags / day = analysis and control of the Content in accordance with the Moderation Rules and the T&C, possible requalification into Yellow / Orange / Red / Dark Flags
If a User makes "abusive" reports (unjustified), Blyynd reserves the right to freeze the account of that User.
Updated: January 2, 2024
General
Term of Use
English
French
Legal Information
1.1 The Blyynd Application and the services described in these General Terms of Service and Use are edited, operated, and provided by Blyynd, a simplified joint-stock company registered with the Strasbourg Trade and Companies Register (67000) under number 912 765 948, with its registered office at 13A rue La Fontaine, 67380 Lingolsheim (hereinafter referred to as "Blyynd").
1.2 The Application is hosted by Google Cloud France SARL, located at 8 rue de Londres, 75009 Paris, France.
Subject of these General Terms of Service and Use
2.1 These General Terms of Service and Use (hereinafter referred to as the "Terms") aim to define the conditions under which the virtual matchmaking Services are made available to Users on the Blyynd Application, and, where applicable, the related online private correspondence subject to the creation of an Account and, for some of these Services, the prior subscription to a Subscription.
2.2 Access to the Application and Services is free (except for certain Services specifically identified in these Terms and/or on the Application) and exclusively reserved for an adult audience and legally capable individuals. Minors must not access the Services offered by Blyynd. By using the Application and/or Services, the User declares and warrants to be of legal age.
Complaints and Support
For any information, inquiry, technical complaint, or regarding the Services and/or the Application and/or a Subscription, the User is invited to submit their request:
By postal mail: to the address of Blyynd's headquarters as indicated in article 1.1.
By email: support@Blyynd.com.
By phone: 07 56 82 35 02.
Telephone support is available Monday to Friday from 9 a.m. to 6 p.m.
Telephone communication is charged at the local call rate.
Definitions
- Subscription: Refers to the periodic contract automatically renewed for an identical duration (unless terminated) to which the User subscribes in order to benefit from certain Paid Services;
- Application: Refers to the Blyynd application software, downloadable from the App Store or Google Play Store on a Terminal;
- Blyynd: Refers to the Blyynd company identified in Article 1.1;
- C.G.S.: Refers to these General Terms of Service and Use;
- Account: Refers to the personal space created by a User accessible only with Identification Elements;
- Content: Refers to the content of any kind (including textual, visual, photographic data, chat rooms, etc., subject to Broadcasting Rules) provided and/or disseminated by the User in the Application, particularly in their Profile and/or sent to another User within the scope of the Services;
- Personal Data: Refers to the User's personal data collected and/or processed by Blyynd in the context of using the Application, such as, where applicable, creating and managing their Account and providing the Services, under the conditions and modalities defined in the Privacy Policy;
- Identification Elements: Refers to the login credentials and Apple or Google password depending on the Terminal used;
- Privacy Policy: Refers to the privacy policy concerning the conditions and modalities of processing Users' Personal Data by Blyynd;
- Profile: Refers to the profile of a User accessible on the Application to other Users and composed of information provided by the User;
- Moderation Rules: Refers to the conditions described in Appendix 1 hereof, accessible from the following link and modifiable at any time, which every User must comply with in the context of using the Application, and more particularly the Services. Any violation of these conditions may allow Blyynd to suspend/delete the Account, as well as to exercise any of the specific measures described in Article 12;
- App Store Rules: Refers to the rules of the App Store accessible at the following link: [App Store Rules](https://developer.apple.com/terms/);
- Google Play Rules: Refers to the Google Play rules accessible at the following link: [Google Play Rules](https://play.google.com/intl/all_fr/about/developer-distribution-agreement.html);
- Services: Refers to the service of connecting Users for the purpose of exchanging private electronic correspondences, and more generally the features of Blyynd as described in Article 7, including, where applicable, the Paid Services, made available to Users and accessible from the Application following the prior creation of an Account;
- Paid Services: Refers to the additional Service(s) to which the User gains access for a limited duration and/or for a limited number of Services by immediate payment of the Service price, where applicable, renewable in the form of a Subscription;
- Terminal: Refers to, in accordance with Directive 2008/63/EC, the hardware equipment (tablet, smartphone) used by the User exploiting at least IOS version 14 or Android version 5 to download and access the Application and benefit from the Services;
- User: Refers to any adult natural person accessing the Application, who may have created an Account in order to benefit from the Services, in compliance with these C.G.S., and for personal use only, excluding any other purpose.
Scope of Application, Acceptance, and Modification of the General Terms and Conditions (GTC)
5.1 Les C.G.S. ont pour objet de définir les conditions dans lesquelles les Utilisateurs peuvent accéder à l’Application, créer leur Compte, et bénéficier en conséquence des Services.
5.2 Les C.G.S. se conforment et sont soumises, le cas échéant, aux Règles App Store et aux Règles Google Play.
5.3 Toute utilisation de l’Application et/ou des Services emporte de plein droit l’application des présentes C.G.S.
5.4 Les C.G.S. pouvant faire l'objet de modifications, les C.G.S. applicables sont celles en vigueur et accessibles sur l’Application et tout autre support à la date de création du Compte par l’Utilisateur, puis, en cas de modification, à la date d’accès à l’Application. Il appartient donc à l’Utilisateur de prendre connaissance régulièrement des C.G.S.
Account and Profile Creation
6.1 Registration
6.1.1 The Terminal allowing access to the Application as well as all telecommunication costs resulting from their use are the responsibility of the User. Therefore, it is up to the User to take all appropriate measures to protect their Personal Data, information, and/or software from any contamination by potential viruses, especially from the Internet network.
6.1.2 By completing the registration form on the Application to create their Account, the User declares and guarantees that they have all the capacity to do so and that the information provided, especially their Personal Data, is accurate, up-to-date, and complete.
6.1.3 The User undertakes to provide an effective and valid phone number of which they are the exclusive owner.
6.1.4 The User also undertakes to promptly update their Personal Data (especially their email address and phone number) as soon as any of them is modified in order to maintain the accuracy of this information by visiting their Account.
6.1.5 The User acknowledges that Blyynd reserves the right to verify their Personal Data and to suspend or terminate access to their Account and thus withdraw their ability to access the Application and benefit from the Services, in the event that the User does not comply with the registration terms herein, particularly if they provide false, inaccurate, incomplete, or outdated Personal Data.
6.1.6 Under no circumstances shall Blyynd be held liable to Users or third parties for any error, omission, or inaccuracy regarding the Personal Data communicated by the User.
6.1.7 In the event of total inactivity by the User for a period of two (2) years from their last connection to the Application or the end of their last Subscription (the longer duration being retained), Blyynd reserves the right to deactivate the User's access to their Account and process their Personal Data in accordance with the Privacy Policy.
6.1.8 In the event of the death of a User, upon production of supporting documents by their heirs or any third party, their personal Profile will be deactivated, and their Content and Personal Data will be processed in accordance with the Privacy Policy.
6.2 Identification Elements
6.2.1 To proceed with the creation of their Account, the User is required to log in using their Apple or Google identification elements.
6.2.2 The identification elements are strictly personal, and the User agrees to keep them confidential and not to disclose them to third parties.
6.2.3 The User is solely authorized to access and use the Services using their identification elements. Any access to the Services with the User's identification elements is deemed to have been made by them and under their responsibility. Therefore, in the event of loss, theft, or any fraudulent act regarding the identification elements, it is up to the User to inform Blyynd as soon as possible and to prove their identity by any means but also to contact Apple or Google as soon as possible to have their identification elements modified.
6.2.4 If there are legitimate reasons to believe that the security of the Application and/or the Services is violated and/or that the use of all or part of the Services is due to unauthorized use of the identification elements and/or an Account, Blyynd may temporarily suspend access to the Account of the User concerned in order to preserve the integrity of Blyynd, the Application, and the Services and if necessary, require the User to modify their identification elements. Similarly, if the User selects a pseudonym as part of the identification elements that is inappropriate, contrary to good morals, or infringes on the rights of a third party, Blyynd reserves the right to suspend access to the relevant personal Profile pending a modification of this pseudonym by the User.
Description of Services
7.1 Services Available
7.1.1 The accessible services include the ability for the User to create an Account and a Profile and to access, free of charge, the following features:
- Create a Profile and be visible to other Users;
- View the Profiles of other Users based on filtering criteria entered on their own Profile;
- Manage their Profile, modify information;
- Store Content, particularly photographs;
- Modify the Application theme: Dark Mode;
- Report / Block / Hide Profiles;
- Log out;
- Unsubscribe directly from their Google or Apple account;
- Consult the Blyynd FAQ;
- Contact the support service;
- Send "Likes" to the Profile of one or more other Users (limited to 15 "Likes" per day).
If two Users declare in the Application to be mutually interested in each other's Profile by assigning a "Like" to each other, then they are connected.
7.1.2 In the context of connecting two Users, each User will have access to the following Services, provided that they have subscribed to the Paid Services beforehand:
- Receive and send Content;
- Manage their conversations: delete, mark as unread, etc.
- Report Profiles
- Block Profiles
- Receive alerts by "warning" messages, as soon as "dangerous" keywords and/or unwanted photos are used in the Content of another User, subject to the User selecting the corresponding options in the Application.
7.1.3 The User is free, at any time, to delete their Account and hence their Profile from the Application.
7.1.4 To permanently delete the Account, the User must go to the "Settings" section, then request deletion of their Account by clicking on "Delete my account".
CAUTION: ACCOUNT DELETION IS PERMANENT AND LEADS TO THE ERASURE OF THE PROFILE, PHOTOS, AND MESSAGES EXCHANGED IN ACCORDANCE WITH THE PRIVACY POLICY; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL THEN BE NECESSARY TO ACCESS THE SERVICES AGAIN.
7.2 Paid Service
7.2.1 To access the Paid Services, the User is required, depending on the Paid Service offered by Blyynd, to:
- Pay the price of the Paid Service and agree to immediately benefit from it in accordance with the provisions of Article 10.3.
- Subscribe to a Subscription under the conditions set forth in Article 9.1 of the TOS.
7.2.2 Payment
To proceed with the payment of a Paid Service, the User will be redirected to the payment module of Google or Apple depending on the Terminal used, and is therefore invited to contact Google or Apple for any questions regarding payment or to exercise any refund or withdrawal request.
NOTE: ACCOUNT TERMINATION DOES NOT RESULT IN THE TERMINATION OF THE SUBSCRIPTION, WHICH WILL REMAIN ACTIVE UNTIL ITS EXPIRATION.
Financial conditions and payment security
8.1 Financial Conditions
8.1.1 The prices of Paid Services displayed on the Application are indicated in euros, including all taxes (VAT and other applicable taxes).
8.1.2 The User acknowledges and agrees that the price of the Paid Service or its Subscription does not include the cost of telecommunications enabling access to the Services offered on the Application and included in their Subscription, nor any other possible costs of Internet connection, which remain entirely the responsibility of the User.
8.1.3 Blyynd reserves the right to modify its prices at any time.
8.1.4 In case of modification of the price of Paid Services, this modification will be effective upon the renewal of the User's Subscription, who will be notified of this modification before the renewal of their Subscription.
8.1.5 In case of modification of the prices of Paid Services, these changes will be effective upon their publication on the Application.
8.2 Transaction Security
8.2.1 Payment of the Subscription price directly through the Google or Apple account is subject to their respective general terms and conditions.
Duration of Paid Services
Access to Paid Services is provided for the duration and/or number of Services indicated to the User when paying for the Paid Service, if applicable, automatically and tacitly renewable for an identical duration in the form of a Subscription.
9.1 Subscription to the Subscription
9.1.1 To subscribe to one of the Subscription packages, the User is invited to select the desired package and provide the information requested to proceed with payment.
9.1.2 Since the only mode of communication between Blyynd and the User is the exchange of emails, to the dedicated address, the User declares and warrants in this regard that the information transmitted by him to Blyynd is sincere and valid and that the email address provided during registration is perfectly valid and operational.
9.1.3 It is the User's responsibility to inform Blyynd of any change in his email address. Subscription to a Subscription can only be made for personal purposes, as declared and acknowledged by the User.
9.1.4 The User's failure to comply with all or part of the obligations undertaken under these T&C, particularly regarding any incident of payment of the Subscription price, may result in Blyynd's right to refuse the User any Subscription or access to the Services until his situation is regularized.
9.2 Any Subscription is concluded for its fixed term, and the amounts paid for this purpose are definitively acquired by Blyynd, including in the event of early termination of the Subscription, unless the right of withdrawal is exercised.
9.2 Automatic Renewal of the Subscription
9.2.1 Regardless of the duration of the Subscription, the User is fully informed that upon its expiration, it will be automatically renewed for an identical duration unless terminated by the User no later than twenty-four (24) hours before the expiration of the current Subscription period. Therefore, if the User does not intend to renew his Subscription or terminate it, he must proceed with termination through the Google or Apple platforms according to the terms provided in the general conditions of these platforms.
9.2.2 In accordance with Article L.215-1 of the Consumer Code:
"For contracts for services concluded for a specified period with an automatic renewal clause, the professional service provider informs the consumer in writing, by named letter or dedicated email, no earlier than three months and no later than one month before the end of the period allowing the rejection of renewal, of the possibility of not renewing the contract he entered into with an automatic renewal clause. This information, provided in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Amounts paid after the last renewal date or, for contracts of indefinite duration, after the date of transformation of the initial contract of a specified duration, are refunded within thirty days from the date of termination, minus the amounts corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those that legally subject certain contracts to specific rules regarding consumer information."
9.2.3 In accordance with Article L.215-2 of the Consumer Code:
"The provisions of this chapter do not apply to operators of drinking water and sanitation services."
9.2.4 In accordance with Article L.215-3 of the Consumer Code:
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
9.2.5 In accordance with Article L.241-3 of the Consumer Code:
"When the professional has not made the refund under the conditions provided for in Article L. 215-1, the amounts due bear interest at the legal rate."
User's Right of Withdrawal
10.1. The User acknowledges having received all the information regarding the Services offered on the Application, and more specifically regarding the various Paid Services, including the Subscription packages offered by Blyynd, before subscribing to them, and that the provision of these Services complies with the requirements for distance service provision, particularly via the Internet.
10.2. In accordance with the provisions of Article L.221-18 of the Consumer Code, the User has the right of withdrawal and may decide to withdraw from their Paid Service without needing to invoke any reason, within a period of fourteen (14) calendar days from the confirmation of their Subscription.
10.3. However, the User is informed that they cannot withdraw from payment for a Paid Service if they have already started using it, in accordance with Article L.221-28-1° of the Consumer Code.
10.4. Since the User purchases the Paid Service using their Apple or Google ID, cancellations and refunds are handled by Apple or Google according to their own terms and conditions, over which Blyynd has no control. To request a refund and exercise their right of withdrawal, the User must contact Apple or Google and fill out the dedicated forms.
Engagement and Obligations of Users
11.1. User Obligations
11.1.1. User anonymity is an important condition for the use of the Application and Services, particularly through the absence of a field in the Profile intended for User contact details and their communication to other Users.
11.1.2. Consequently, each User refrains from requesting any User's full real identity other than their first name and/or contact details.
11.1.3. The User agrees to adhere to the terms of these T&C and agrees not to:
- Act in a manner that could disrupt the proper functioning of Blyynd and/or the Application and/or Services;
- Allow or encourage the breach of any provision of these T&C;
- Provide false, incorrect, etc., Personal Data, especially by creating a Profile and/or an Account in the name of another person without their authorization;
- Create multiple Accounts: the User agrees to create only one Account corresponding to them. If Blyynd deletes the User's Account for non-compliance with these T&C, the User agrees not to create another Account without Blyynd's authorization;
- Use their Profile and/or the Services for purposes other than personal and intended purposes, especially for illegal, commercial, etc., purposes;
- Disclose their login credentials to a third party and allow someone to access their Account or do anything that may compromise the security of their Account;
- Violate the Moderation Rules attached to these T&C;
- Exploit all or parts of the elements of Blyynd on which Blyynd holds intellectual property rights without Blyynd's prior written authorization. In general, the User must respect the intellectual property rights relating to the content provided by Blyynd, other Users, or third parties.
11.1.4. In the event of notification from a third party deeming the Content posted on the Application as unlawful, including through any judicial requisition from a competent judicial authority, Blyynd reserves the right to remove, automatically, all or part of the Content posted by a User that would be in breach of these T&C or that would be manifestly unlawful.
11.1.5. Furthermore, in the event of a breach of any of these obligations, particularly under the moderation rules and without limitation, the User acknowledges and accepts that Blyynd has the right to suspend and/or delete access to their Account and all Services without this suspension and/or termination entitling them to any compensation. Blyynd will notify the User by email.
11.2. Special Provisions Regarding Content
When a User has initiated or sent content to another User, these contents, provided they have not been deleted by the User-author or by Blyynd, are only accessible for the duration of storage and for a maximum period of twenty-four (24) hours. Beyond this period, the contents are permanently deleted, including for and by Blyynd, unless the moderation and dispute resolution process is implemented.
Suspension of User Subscription and Deletion of User Account
12.1. Blyynd reserves the right to remove Contents that are sent massively by a User in order to preserve a normal quality of service for other Users.
12.2. Blyynd may also suspend the visibility of Users who use the Services in an automated manner. A presumption of automated use of the Application exists when the User posts Content at a frequency that cannot result from human and manual action. The User will then be notified of the suspension of their visibility and may contact Blyynd to remedy this situation.
12.3. Blyynd also reserves the right to temporarily or permanently remove access to a User who has subscribed to a Subscription but does not comply with the T&C, including the Moderation Rules provided in Annex 1, without any refund from Blyynd.
12.4. In case of non-payment by the User of the Subscription within the required deadlines, Blyynd will promptly suspend all access to the services for the User.
12.5. The end of the Subscription does not automatically result in the deletion of the Account since the User has the option to remain as a User of the Services, albeit without being able to use the Paid Service subject to prior subscription to the Subscription.
13. Advertisement
Blyynd reserves the right to display advertising or promotional messages on its Application.
14. Access and Availability of Services
14.1. Only Users who have indicated identical and/or compatible criteria with those of the User are displayed in the Application, without Blyynd being able to guarantee the presence of Users matching the User's criteria and/or being available to interact with the User.
14.2. Blyynd makes its best efforts to make its Services available 24 hours a day, 7 days a week, and undertakes to provide the various Services of the Application in accordance with these T&C. Given the particular nature of the internet network, access to the Application and/or Services may be interrupted or restricted at any time, especially due to reasons beyond Blyynd's control, for which Blyynd cannot be held responsible.
14.3. Furthermore, Blyynd reserves the right to interrupt access to the Application and/or to all or part of the Services for maintenance and/or improvement work on the Services. These Service interruptions will, to the extent possible for Blyynd, be notified to Users prior to any interruption.
14.4. In case of emergency, Blyynd nevertheless reserves the right to partially or totally suspend access to Blyynd and/or to all or part of the Services for a reasonable duration to carry out any necessary technical operations.
14.5. These Service interruptions shall not give rise to any compensation for the benefit of the User.
14.6. Blyynd reserves the right to modify any information in the Application as part of update or maintenance operations. Blyynd is not responsible for the content of third-party websites to which hypertext links on the Application redirect.
15. Responsibility
15.1. Contents Broadcasted by the User on the Application
15.1.1. The User is solely responsible for the use they make of the Application and the Services and more generally for any operation made from their Profile. The User is solely responsible for all the Content they provide and/or broadcast on the Application, especially to other Users.
15.1.2. Without prejudice to the moderation mechanism described below, the User acknowledges that Blyynd does not exercise prior control over the Content transmitted by the User via the Services. Blyynd can therefore only intervene on the Content broadcasted within the scope of the Services in the event of abuse reported by a User via the Application and/or by sending an email to the following address: support@Blyynd.com. Upon receipt of this notification, Blyynd will make its best efforts to implement the moderation rules as described in Annex 1 and will proceed, if necessary, to remove the contentious Content reported and broadcasted by the User via the Services.
15.1.3. The User is informed that any report addressed to Blyynd may lead to the provisional suspension of the concerned User's Account during the moderation process and Blyynd's access to the contentious Content and its retention. Abusive reports may result in sanctions against the User in accordance with the moderation rules.
15.1.4. In order to mitigate the risks of a poor user experience with the Services, Blyynd has implemented an automatic moderation program on the Application, which does not involve human expertise but only artificial intelligence and allows for the evaluation of the Contents broadcasted by Users. This program conducts an analysis of images and messages that may be harmful to other Users.
This program aims, if the recipient User has requested it for certain moderation parameters, to block Contents containing certain keywords (whose list cannot be disclosed to avoid circumventing the Moderation Rules) as well as certain visuals, especially genitalia.
15.1.5. The User who broadcasted Content that has been flagged by the Application will receive an informational message indicating the purpose of the moderation. The recipient User of the Content blocked by the Application will receive an informational message indicating the purpose of the moderation.
15.1.6. Since the automatic moderation tool is not controlled by a human being but subject to the judgment of artificial intelligence, Blyynd makes no commitment regarding the effectiveness of this tool. Therefore, this tool, whose effectiveness cannot be guaranteed, should not determine the User's consent to the use of the Services and consequently the subscription to a Subscription.
15.1.7. Similarly, Blyynd's liability cannot be engaged if the automatic moderation tool has not moderated Content that should have been moderated, or if, conversely, it has automatically moderated Content that should not have been moderated.
15.2. Limitation of Liability
15.2.1. The User is solely responsible for the use they make of the Services and the Content they publish on the Application. Blyynd cannot, under any circumstances, be held responsible in the context of proceedings initiated against a User who is responsible for non-compliant use of the Services.
15.2.2. The User acknowledges and declares to be of legal age in their country of residence. In case of false declaration regarding the User's age, Blyynd's liability cannot be engaged.
15.2.3. The User acknowledges and agrees that they will personally handle any claim or proceeding brought against Blyynd due to their non-compliant use of the Services and/or the publication of Content.
15.2.4. The Application may contain hypertext links to third-party websites. Given the ephemeral nature of the content that may be disseminated therein, Blyynd's liability cannot be engaged if the content of such third-party websites violates applicable legal and/or regulatory provisions.
15.2.5. Finally, Blyynd's liability cannot be engaged in case of non-compliance with the legislation of a foreign country where the use of the Services and/or downloads would be carried out.
15.2.6. In any event, Blyynd shall not be liable: i) in case of unavailability of the Services due to reasons such as failure of the public electricity network, failure of telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, including the User's; ii) in case of use of the Services by the User in conditions not complying with these T&C and/or any malfunction of any kind relating to the User's Terminal and their Internet access connection; iii) within the limits of applicable law, for any indirect damages, such as notably harmful consequences of an infringement of image rights, privacy rights, loss of profits, data loss, or any other loss of intangible assets, even if Blyynd has been informed of the possibility of such damages occurring.
16 Intellectual Property
16.1. Copyright
Blyynd is the holder or licensee of intellectual property rights in both the general structure of the Application and its content (texts, slogans, graphics, images, videos, photos, programs, and other content), excluding any User Content. Therefore, any representation, reproduction, modification, distortion, and/or total or partial exploitation of the Application and/or its content and/or Services, by any means and on any media, without the express prior authorization of Blyynd, is prohibited and constitutes acts of copyright infringement that may incur both criminal and civil liability for the User.
16.2. Distinctive Signs
The trademarks, logos, trade names, acronyms, commercial names, signs, and/or domain names of Blyynd and/or its commercial partners mentioned on the Application enabling access to the Services provided by Blyynd, constitute distinctive signs that cannot be used without the express prior authorization of their owner. Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, misappropriation of corporate name, commercial name, and domain name, engaging the tortious civil liability of its author.
16.3. Scope of the License
The User acknowledges and agrees that access to the content of the Services provided by Blyynd does not entail any assignment or granting of intellectual property rights (copyrights in particular) and other personality rights (right to image, right to privacy) to the benefit of the User. Access to the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in these T&C.
Data Protection
17.1. The User acknowledges that by providing their Personal Data on the Application, they accept that such data may be disclosed and accessible to other Users in accordance with the settings determined by them in their Profile as well as for the purpose of the various Services and, more generally, the Application.
17.2. For more information on the policy regarding the collection and processing of Users' Personal Data on the Application, Users are invited to consult the Privacy Policy by clicking here <Link to the Privacy Policy>.
17.3. The data collected or used in accordance with these T&C comply with the privacy rules of Google or Apple's privacy policies depending on the User's Terminal.
Miscellaneous
18.1. Force Majeure
Blyynd shall not be liable if the performance of any of its obligations is prevented or delayed due to a force majeure event as defined by Article 1218 of the French Civil Code.
18.2. Insurance
Blyynd is insured by a cyber insurance policy with Beazley France located at 1 rue Saint Georges, 75009 Paris.
18.3. Correspondence - Evidence
Unless otherwise provided in these T&C, correspondence between Blyynd and the User is exclusively conducted via email and through correspondence within the Application.
The User acknowledges and agrees that the information provided by Blyynd via email and/or on the Application shall be binding between the User and Blyynd. The timing of receipt or transmission, as well as the quality of the received data, shall take precedence as shown on the Application, or as authenticated by Blyynd's computerized procedures, unless proven otherwise in writing by the User. The evidentiary value of the information provided on the Application shall be equivalent to that of an original in the sense of a handwritten paper document.
18.4. Entirety of the T&C
These T&C represent the entire obligations of Blyynd and the User.
18.5. Partial Invalidity
In the event that one or more provisions of these T&C are deemed null, void, or declared as such pursuant to a law, regulation, or decision of a competent jurisdiction having authority of res judicata, the remaining provisions shall remain in full force and effect and shall be fully applicable, unless the invalid provisions were substantial and their removal would undermine the contractual balance.
18.6. Headings
In case of difficulties in interpretation between any of the headings appearing at the beginning of the clauses of these T&C and any clause, the headings shall be deemed nonexistent.
Applicable Law - Dispute Resolution
19.1. These Terms and Conditions shall be executed and interpreted in accordance with French law.
19.2. In the event of a dispute arising in connection with these Terms and Conditions, their interpretation and consequences, or with acts supplementing or modifying them, the User shall contact Blyynd in order to attempt to obtain an amicable solution.
19.3. Any claim against Blyynd must be made in writing.
19.4. In the absence of an amicable settlement, the User may in any event resort to conventional mediation in accordance with the provisions of articles L.611-1 et seq. of the Consumer Code: (i) either with a mediator of their choice, or (ii) by using the online dispute resolution system accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. It is specified that the proposed mediation process cannot be a precondition for the User to bring proceedings before the competent courts.
Annex 1: Moderation Rules
Article 1: User Commitments
These moderation rules must be respected by the User, who undertakes to comply with the obligations provided for in the T&C and not to (including attempting to):
- Use the Application and Services for illegal purposes, such as pimping, incitement to racial hatred, denial of crimes against humanity, defamation and insults, computer hacking, dissemination of content harmful to the integrity and dignity of the human person, proselytism, or conveying political and/or extremist ideas, whatever they may be;
- Use their personal Profile or, in general, within the scope of using the Application and its Services, engage in acts of any nature, such as issuing, editing, or uploading data or Content contrary to the law, infringing public order, the rights of Blyynd, or third parties;
- Publish Content inciting hatred or violence, threatening, pedophilic, or containing unwanted violence, and more generally any content that may be criminally punishable;
- Without prior written agreement from the recipient User, distribute pornographic or nude Content;
- Distribute Content including the presence of minors;
- Distribute media with added text;
- Distribute sexual solicitation content with financial compensation;
- Use offensive language against another User without their prior written consent;
- Offer contests or lotteries ("promotions") without prior written consent from Blyynd;
- Distribute official documents or financial information concerning others;
- Obtain information about Users or the Content they publish using automated methods (such as robots, spiders, etc.);
- Send commercial communications;
- Conduct marketing or pyramid-style activities directly or indirectly through the Services;
- Upload viruses or other malicious code to the Application;
- Request login information and access to a Profile belonging to another User;
- Intimidate and/or harass other Users;
- Obtain the contact details and/or identity of the User.
Article 2: Automatic Moderation
In accordance with Article 15.1.4, to limit the risks of a poor user experience, Blyynd has implemented an automatic moderation program on the Application. This program does not involve human expertise but relies solely on artificial intelligence, allowing the evaluation of Content distributed by Users. This program analyzes images and messages that could harm other Users and blocks Content:
- Including extremist content (swastikas, other extremist signs)
- Featuring the presence of children
- With added text
- Including male genitalia if Safe Lock is activated
When media submission is automatically blocked, an information message will appear in a popup on the sender's screen, indicating that these are types of media rejected by Blyynd's regulations.
Article 3: Sanctions
A User can block another User at any time. By blocking, the blocked User will never appear again in the profile proposals by Blyynd to the User who initiated the block. However, such blocking is not considered a report by Blyynd.
Flagging "abusive behavior" and "others" = Yellow Flag
- 1 Yellow flag / day: OK
- 2 Yellow flags / day: warning in messages + popup
- 3 or more Yellow flags / day: moderation, if confirmed → account freeze for 48H
- If the User repeats, next Yellow Flag, confirmed by the Blyynd team = 1-week account freeze
Flagging "Not the claimed person" = Orange Flag
- 1 Orange flag / day: OK
- 2 Orange flags / day: warning in messages + popup
- 3 or more Orange flags / day: popup + moderation, if confirmed → request for identification document by Blyynd's customer support service + verification selfie
Flagging "sexual services" = Red Flag
- 1 Red flag / day = warning in messages
- 2 Red flags / day = popup + moderation, if confirmed → account freeze + banishment
Flagging "Dark Flag":
- Media including extremist content (swastikas, other extremist signs)
- Media featuring the presence of children
The Dark Flag is a warning lasting five (5) years. When the User receives two (2) Dark Flags, Blyynd warns the User of the forbidden nature of the Content as well as the risk of account freeze.
In case the User receives three (3) Dark Flags, the User is frozen after verification by Blyynd.
Banishment results in the termination of the Subscription and deletion of the Account.
Flagging "others" = White Flag
- 2 White Flags / day = analysis and control of the Content in accordance with the Moderation Rules and the T&C, possible requalification into Yellow / Orange / Red / Dark Flags
If a User makes "abusive" reports (unjustified), Blyynd reserves the right to freeze the account of that User.
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