1. About us

We are CAROM a simplifiedjoin stock company registered in the RCS of Paris under the number 915 308 522 withits registered office at 5 square de l’Opéra Louis Jouvet – 75009 Paris (“We”).

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You can contact us at the following e-mail address: hello@carom.app.

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2. What do we propose ?

We propose anapplication (the "Application") accessible at the address http://carom.app (the “Website”) whose objective is to connect users ("You") around various events and activities (the "Activities") offeredby them through the publication of ads (the “Posts”) and allowing themto expand their social circle and thus have a more fulfilling social life (togetherthe "Services").

 

3. What do you need to know about our Terms and Conditions?

 

What are our Terms and  Conditions for?

Our terms and conditions (the "Terms and Conditions")  are the sole document governing our contractual relationship and define:

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  • the terms and conditions of use of our Services in the context of  the beta version of the Application,
  • our obligations and yours.

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Where can you find our Terms  and Conditions?

You can find them via a direct link at the Application in Settings and at the bottom of the Website page. 

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How to accept our Terms and  Conditions?

You agree to theTerms and Conditions by finalizing the registration form on the application. If you do not agree to all of our Terms and Conditions, you may not access the Services.

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They may be supplemented by special conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.

 

4. What are the conditions for accessing our Services?

 

You are :

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(i) a natural person with total legal capacity and must be at least 18 years old to access our Services and,

(ii) a consumer, understood as any natural person acting for purposes which are outside his or her trade or profession.

 

5. How to subscribe to our Services?

 

You must be registered on the LinkedIn platform and use your login details from LinkedIn. You expressly authorize us to access your account data on the Linked In platform.

 

You must provide us with all the mandatory information, including name, age, interests, passions,function, etc.

 

Registration automatically opens an account in your name (the "Account"),allowing you to access our Services using your login and password.

 

6. How to access our Services?

 

You can access our Services by going directly to the Application.

 

In order to use the Application, you must download the Application through an online application store such as AppStore or Google Play (the “Application Store") by complying with any required process.

 

7. What Services are available on the Application?

 

7.1. Our Services

Before subscribing, you can read the characteristics of our Services on the Website.

You recognize that:

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  • You are aware of the characteristics and constraints of our Services, in particular the technical ones,
  • That the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which we are not responsible.

 

Creation of Experiences

 As part of the Services, you may:

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  • Create an Experience to offer other users to join the Activity and/or,
  • Have access to Experiences published by other users to request to join the Activities.

 

In the case of creating a Experience, you have 24 hours to accept a user in the Activity from the moment of its request.

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Terms of payment for the Experience

For each Post, you must indicate whether the Experience is:

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  • Free or,
  • A advance payment or acquiring a ticket is required or,
  • Everyone has to pay his share or,
  • If you are paying in advance for the others and require reimbursement or,
  • The minimum amount to be collected for theActivity to take place.

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Payment for the Experience is made directly to the experience provider (the “Provider”).In this respect, you expressly acknowledge that we remain outside of any contractual relationship that may be created between the Provider and you. We will not be able to participate in any dispute in this regard.

 

We reserve the right to offer any other Service.

 

7.2.  Our additional services

 Maintenance

During the duration of the Services, youwill benefit from maintenance, including corrective and evolutionarymaintenance. Therefore, access to the Application and/or Website may be limitedor suspended for scheduled maintenance, which may include corrective andevolutionary maintenance.

 

With respect to corrective maintenance, wewill use our best efforts to provide you with corrective maintenance to fix anymalfunction or bug found on the Application and/or the Website.

 

With respect to progressive maintenance,you will benefit during the term of the Services from progressive maintenance,which we may perform automatically and without prior notice, and which includes improvements to the functionality of the Application and/or technical facilities used in connection with the Application (to introduce minor or major extensions).

 

Technical support

In the event of anydifficulty encountered while using our Services, you can contact us at the contact details mentioned in the article "About us".

 

Hosting 

We provide, under theterms of a due care, the hosting of the Application, as well as the data produced and / or entered by / on the Application, on its servers or through aprofessional hosting provider, and on servers located in a territory of the European Union.

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8. For how long do you subscribe to our Services?

 

In the case of free Services, yousubscribe to the Services for the duration of the use of your Account, until its closure under the conditions of the article "How to terminate the Services?".

 

In the case of a Subscription, you subscribe for the duration indicated on the Application (the "Initial Period"). The Subscription is thentacitly renewed for successive periods of the same duration as the Initial Period (together with the Initial Period, referred to as the "Periods"),from date to date, unless you cancel the Subscription under the conditions setout in the article "How to terminate the Services ?".

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9. What are our financial conditions?

 

Access to the Websiteand Application is free.

 

Some Services areaccessible through a paying subscription (the "Subscription"). The Subscription price is indicated on the Application. You are expresslyinformed and accept that all payments and subscriptions made through theApplication are handled by the Application Store.

 

You contract directly with the Application Store, as regards the implementation of these payments, byaccepting the Application Store’s general terms and conditions when you create youraccount with this Application Store.

 

10. What are our respective intellectual property rights, and what are we allowed to do?

 

10.1. Intellectual property rights on the Application and the Website

 

The Application and the Website are ourproperty, as are the software, infrastructures, databases and content of anykind (texts, images, visuals, music, logos, brands, etc.) that we use. They areprotected by all intellectual property rights or database producers' rights inforce. The license we grant you does not entail any transfer of ownership.

 

You benefit from a non-exclusive, personaland non-transferable license to use the Application in SaaS mode for the duration set out in the article "For how long do you subscribe to ourServices?”

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10.2. Intellectual property rights on the Content and testimonials

 

By subscribing to our Services, you acknowledge that the content of any kind that you publish on the Application (the "Content") is broadcasted in a spirit of community exchange.

 

You may also provide testimonials regarding your use of the Services.

 

Therefore, you agreethat we may:

 

  • broasdcast the Content and testimonials free of charge on the Application and on any other French or foreign websites, published by any companies with which we have agreements, by any means and on any medium,for the purpose of promoting the Application,
  • translate the Content and testimonials into any language,
  • modify (in particular the framing, format and colours) and/or adapt the Content and testimonies (in particular to the technical constraints of the Application (alterations or degradations in their quality)).

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10.3. For what purposes may we use your personality rights (image, name, and voice)?

 

You authorize us touse, free of charge, the image attached to your Account as well as your name in order to promote our Services, by any means and on any medium, for the whole world, for the duration of the subscription to our Services.

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11. What are your obligations, and what are you responsible for?

 

11.1. Concerning the provision of information

You agree to provide us with all information necessary to subscribe to and use the Services.

 

11.2. Concerning your Account

You:        

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  • guarantee that the information provided in the form is accurate and undertake to keep it up to date,
  • acknowledge that this information is proof of your identity and is binding on you as soon as it is validated
  • are responsible for maintaining the confidentiality and security of your login and password. Any access to the Application using your username and password is deemed to be made by you.

 

You must contact us immediately using the contact details set out in the "Abous Us" section if you become aware that your Account has been used without your knowledge. You acknowledge that we shall have the right to take any appropriate action in such a case.

 

11.3.   Concerning the use of the Services

You are responsible for your use of the Services and any information you share in connection with them. You agree to use the Services personally and not to allow any third partyto use them for you or on your behalf.

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Activities are reserved exclusively forpeople who have an Account on the Application. It is therefore the responsibility of the organizer and other participants to ensure, check and control that all participants in the Activity have an Account on the Application and have signed up for the Activity through the Application.

 

You shall not misuse the Services for purposes other than those for which they were designed, and inparticular for:

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  • practice illegal or fraudulent activity,
  • harm public order and morality,
  • infringe on third parties or their rights in any way whatsoever,
  • violate any contractual, legislative or regulatory provision,
  • carrying out any activity that may interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
  • carry out any operation aimed at promoting your services and/or sites or those of a third party,
  •  assist or incite a third party to commit one or moreof the acts or activities listed above.

 

You will also not:

 

  • copy, modify or misappropriate any of our property or concepts used by us in connection with the Services,
  • adopt any conduct that interferes with or hijacks our computer systems or breaches our computer security measures,
  •  infringe our financial, commercial or moral rights andinterests,
  •  market, transfer or otherwise provide access to the Services, the information hosted on the Application or any of our property.

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You are responsible for Content of any kind that you post as part of the Services.

 

You agree that Content posted on the Application is made public by default and may be viewed by other users of the Application.

 

You shall not distribute any Content (this list is not exhaustive):

 

  • infringing public order and morality (pornographic,obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist),
  • infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,
  • prejudicial to third parties in any way whatsoever,
  •  misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
  • harmful to the computer systems of third parties.

 

You are responsiblefor the relations you may establish with other users of the Application. You undertake to act with discernment and respect the usual rules of politeness and courtesy in your exchanges with other users, and in accordance of good manners and transparency. In particular, we reserve theright to suspend your Account in the event of recurring no-shows and/or cancellations at Activities.

 

You are responsiblefor all formalities and payments incumbent on you in the context of the use ofthe Services.

 

You will indemnify us against any claimand/or action that may be brought against us as a result of a breach of any ofyour obligations. You will indemnify us for any loss suffered and reimburse usfor any sums we may have to bear as a result.

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12. What are our obligations, and what are we responsible for?

 

We undertake to provide the Services withdue diligence, it being understood that we are bound by a due care.

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12.1. Concerning the quality of our Services

 

We make every effort to provide you withquality Services. For this purpose, we carry out regular checks to verify the functioning and accessibility of our Services and may carry out scheduled maintenance under the conditions specified in the "Maintenance"section.

 

However, weare not responsible for any difficulties or temporary impossibility of accessto our Services due to:

 

  • corrective and evolutionary maintenance of the Application,
  • circumstances outside our network (including partial or total failure of your servers),
  • the failure of equipment, cabling, services or networks not included in our Services or which are not under our responsibility,
  • interruption of the Services by telecom operators or internet service providers,
  • your intervention, in particular through an incorrect configuration applied to the Services,
  • force majeure.

 

Furthermore, we do not guarantee that the Services, subject to constant research to improveits performance and progress, will be completely free of errors, defects orfaults.

 

12.2. Concerning the backup of data on the Application

 

We will do our best efforts to back up any data produced and/or entered by/on the Application.

 

However, except in cases of proven faulton our part, we are not responsible for any loss of data during maintenance operations.

 

12.3. Concerning data storage and security

 

We provide you with sufficient storage capacity to operate the Services.

 

We do our best efforts to ensure data security by implementing measures to protect the infrastructure and the Application,to detect and prevent malicious acts and to recover data.

 

12.4.  Concerning the publication of Content

 

We act as a hosting provider for the Content you post. Accordingly, we are not responsible for such Content.

 

If we receive a notification of unlawful Content, we will act promptly to remove it or make it unavailable, and we maytake the steps described in the section "What are the penalties forfailing to comply with your obligations?”

 

12.5. Concerning the linking of users

 

We act as a broker in your relationship with other users.

 

We cannot therefore be held responsible for your relationship with other users and Provider of the Activity, nor can we be a party to any disputes.

 

12.6. Concerning the publicity we provide

 

We may publish and/or send you anyadvertising or promotional messages, including links to third party platforms.

 

However, we are not responsible for :

 

  • the technical availability and content, products and/or services of these platforms
  • your relationships established through these platforms.

 

12.7. Concerning the use of subcontracting and the transfer of our rights and obligations

 

We may use subcontractors in the performance of the Services, who are subject to the same obligations as we are in the performance of their work. However, we shall remain solely responsible to you for the proper performanceof the Services.

 

We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of anysuch substitution by any written means.

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13. Within what limits can you engage our liability?

 

Our liability is limited to proven directdamages that you suffer as a result of using our Services.

 

14. What modes of proof are accepted between us?

 

Evidence can be established by any means.

 

You are informed that the messages exchanged through our Application as well as the data collected on the Applicationand our computer equipment constitute the main mode of proof admitted, inparticular to demonstrate the reality of the Services performed and thecalculation of their price.

 

15. How is personal data processed in the context of the Services?

 

We have a privacy policy that can be accessed here: https://www.carom.app/privacy-policy. We invite you to read it.

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16. Force majeure

 

We shall not be liable for any failure ordelay in the performance of our respective contractual obligations due to force majeure occurring during our relationship.

 

Force majeure includes:

 

  • any case meeting the conditions of Article 1218 of the French Civil Codeand recognized by case law
  • strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure of a third-party telecommunications provider

 

If one of us is prevented from performing its obligations due to force majeure, it must inform the other party by email. The obligations shall be suspended upon receipt of the email and shall be resumed within a reasonable period of time after the force majeure has ceased.

 

We shall nevertheless remain liable forthe performance of our respective obligations that are not affected by force majeure and for any payment obligations.

 

17. How to terminate the Services?

 

You may terminate the Subscription anytime before the renewal of the Period. Any Period started is due in itsentirety. At the end of the Subscription, you no longer have access to paid Services.

 

You may unsubscribe from the Services bysending us a request to the contact information listed in the "About Us"article or through your Account. The termination is effective immediately.

 

You no longer have access to your Accountas of the end of the Services.

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18. Do you have a right of withdrawal?

 

You don’t have the right of withdrawal if(i) our Services are fully performed before the end of the withdrawal period,and (ii) of which their performance has begun with your prior and express acceptance and (iii) your acknowledgment that it implies your loss of your right of withdrawal.

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19. What are the penalties for failing to meet your obligations?

 

The payment of the price of the Servicesas well as the obligations set out in the article "What are your obligations and what are you responsible for" are essential obligations.

 

In the event of a breach of these essential obligations, we may:

 

  • suspend or terminate your access to the Services,
  •  remove any Content related to the breach,
  • publish on the Application any information message that we deem useful,
  • send you a registered letter with acknowledgement of receipt to:
  • terminate our contractual relationship, the termination taking effect onthe day of receipt or first presentation of this letter
  • or to ask you to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied. Termination will result in the deletion ofyour Account,
  • notify and cooperate with any competent authority and provide it withany information relevant to the investigation and prosecution of illegal orunlawful activities,
  •  nitiate any legal action.

 

These sanctions are without prejudice toany damages we may claim from you.

 

20. How can we change our Terms and Conditions

 

We may change our Terms and Conditions at any time and will notify you in writing (including by email) at least 10 calendar day before they come into effect.

 

The modified Termsand Conditions are applicable:

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  • as soon as they come into force for free Services;
  • upon renewal of the Subscription when you have subscribed to the paid Services.

 

If you do not agree to these changes, you must unsubscribe from the Services in the manner set out in the section "How to terminate the Services?".

If you use our Services after our amended Terms and Conditions come into effect, we will assume that you have accepted them.

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21. Which language prevails in case of disputes on the interpretation of the Terms and Conditions?

 

The English language shall prevail in theevent of any inconsistency or dispute as to the meaning of any term orprovision.

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22.   Mediation

 

In the event of a dispute with us, you can have free recourse to the following consumer ombudsman for an amicable settlement:

 

Centre de médiation de la consommation deconciliateurs de justice (CM2C)

Postal address: https://www.cm2c.net/contact.php

Phone : 06 09 20 4886

https://www.cm2c.net

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23. Applicable law and jurisdiction

 

Our Terms and Conditions are governed by French law.