GENERAL TERMS AND CONDITIONS OF SERVICE

These General Terms and Conditions of Service (hereinafter referred to as "GTS") apply to users of the www.findr.io website and mobile application (hereinafter referred to as "Site"), defined as natural persons of legal age who have at least the legal capacity to contract and who use the services for non-professional purposes (hereinafter referred to as "Users").

The Site is hosted by FindR Technologies SAS, headquartered at 30 BD DE SEBASTOPOL, 75004 PARIS, registered with the Paris Trade and Companies Register under number 980 922 454, identified with VAT number FR95980922454 (hereinafter "FINDR"). FINDR's contact details are 01 59 06 89 74 and support@findr.io.

For the purposes hereof, it is agreed that the User and FINDR shall be collectively referred to as the "Parties" and individually referred to as the "Party".

1. SERVICES

After creating a user account, the services developed by FINDR (hereinafter "Services") provide access to several services:

  • Private Mode: A secure gateway to find your lost items. If someone scans your item's QR Code, you can communicate directly with that person via email, in private or public mode, to recover your item.

  • Bio mode: This mode offers a personalized experience, directing users to a page with links to your social networks, a virtual business card (v-card), or even to Discovery mode. It's an ideal tool for sharing your world or expanding your network.

  • Wall mode: Create a community around your space or product. Users who scan the QR Code can exchange information or ideas. As the owner, you can moderate, block or flag participants to maintain a safe and respectful environment.

  • Link Mode: Direct, safe access to a specific website. Using Google Safe Browsing technology, this mode ensures that links are free of malicious content, offering a secure browsing experience.

These dedicated spaces, configured by the owners of the tags with the QR Code, allow Users to create, communicate, and link with other Users on the Site as well as display content created by others.

FINDR is not the originator of content published by Users and Users are responsible for their publications. As a result, FINDR is not responsible for URLs to external Internet sites on the Site.

In any case, the Services allow you to send messages, connect to your acquaintances and share information about the products to which the QR Codes are attached, but also in many other ways, in particular through your profile, your articles and group posts. FINDR informs Users that the information and content you share or post may be viewed by other Users.

As part of the services, FINDR uses images from third parties (artist or photo stock).

2. CONCLUSION OF THIS AGREEMENT

If a User decides to use the Services without logging in to an account (anonymously with respect to other Users "Guest access"), either following the generation of a pseudonym or by providing a pseudonym with an email or telephone number, the User may only publish content. In this case, the applicable GCS will be those in force at the time of the User's connection to the Site. These can be consulted and downloaded on a durable medium in PDF format.

Users are invited to download them if they wish, and acknowledge that they must have read these GTS and the privacy policy when using the Site.

To access all the Site's functionalities, Users must create an account by providing an e-mail address and a pseudonym. This information must be accurate. When creating an account, and before being able to validate it, the User will be invited to read the Terms of Service and the Privacy Policy, which he/she must accept by ticking an unchecked box "I accept the Terms of Service and the Privacy Policy". By ticking this box, the User is presumed to know and accept, without reservation, all the stipulations of the GTS, which are enforceable against him/her from that moment.

3. PRICE OF SERVICES

We do not charge any fees for the operation of the Site and the use of Services. All the User has to do is scan one of the stickers with a QR Code to access the discussion areas.

No fee will be charged in the event of termination of the present agreement (in the event of termination of a User account).

The Services are accessible as soon as the User logs on to the Site.

4. USER COMMITMENTS

The User undertakes in particular to:

  • Keep his/her password secret;

  • Not to share his account with other unidentified persons;

  • Not to usurp the identity of others or provide false information;

  • Not to do anything that is illegal, deceptive or fraudulent, or to act for an illicit or prohibited purpose;

  • Not to violate (or assist or induce others to violate) these TOS;

  • Not to do anything that interferes with or interferes with the intended operation of the Services;

  • Not to abuse any reporting, complaint or redress channel, such as by making fraudulent or unfounded reports or appeals;

  • Not to sell, license or purchase any account or data obtained from us or our Services;

  • publish any other person's private or confidential information without authorization, or do anything that infringes another person's rights, including intellectual property rights (e.g. copyright infringement, trademark infringement, counterfeiting or pirated goods);

  • Not to modify, translate, create derivative works from or reverse engineer our Services;

  • To grant FINDR a license to use its content in connection with the operation of the Services.

    FINDR requires certain legal permissions from the User to provide its Services, in particular to display and share content with other Users.

    When the User wishes to share, post or import content protected by intellectual property rights (such as photos or videos) on the Services, the User must grant FINDR a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works from your content.

    This license terminates when your content is deleted from our systems.

    These licenses granted to FINDR and Users terminate when User closes or deletes User's account, or when FINDR deletes User's account in accordance herewith.

    However, due to the nature of the Site and our legal obligations, the license granted will remain in effect after deletion of the content to the extent that:

    The User has authorized, via the Services, other Users of the Site to use or reuse its content, or

    FINDR is required to store or process such content for legal reasons.

  • To give FINDR permission to display the User's name, profile picture and information about the User's actions and relationships without compensation to the User;

  • To inform, if the User publishes content relating to a brand or product in exchange for financial consideration or other incentive, that this content is sponsored.

5. RIGHT OF WITHDRAWAL

In accordance with article L. 221-28 of the French Consumer Code, the right of withdrawal provided for in article L. 221-18 of the French Consumer Code does not apply to "13° the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal."

The User hereby expressly acknowledges that he/she will not benefit from the right of withdrawal for the supply of digital content independent of any material support before the expiration of the withdrawal period and, in this event, the User waives the exercise of his/her right of withdrawal.

6. LEVEL OF SERVICE AND SECURITY

By way of introduction, FINDR does not guarantee any minimum level of service in accordance with Article L. 224-25-5 of the French Consumer Code.

In addition, FINDR ensures the security of its Services by providing :

  • An application environment maintained in accordance with software publishers' patching recommendations;

  • Rigorous control of User entries;

  • Secure access to administration functions;

  • Installation of the minimum number of functions required;

  • Principle of "least privilege";

  • No use of passwords in code;

  • Effective error handling;

  • Encryption of administration flows using reliable procedures (SSH, SSL, IPsec, etc.), guaranteeing data confidentiality and integrity.

If FNDR detects a security incident or is informed of one by a User, the latter will take the necessary measures to limit the impact of this incident on the Services.

FINDR does not guarantee the continuous storage of content published by the User. FNDR is not a storage service. You agree that FINDR has no obligation to store, maintain or provide you with a copy of any information or content you or others have transmitted to us, except as required by applicable law and as described in the Privacy Policy.

7. LEGAL WARRANTIES

The Services benefit from the legal warranty of conformity for digital content (as defined in articles L.224-25-12 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the User to (i) request that the digital content be brought into conformity or, failing that, (ii) no longer use the Services.

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.


The legal warranty of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the supply of the digital content or digital service.


The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.


The consumer may obtain a reduction in price by keeping the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for renouncing the digital content or service, if :


1° The professional refuses to bring the digital content or service into conformity;


2° The compliance of the digital content or service is unjustifiably delayed; 3° The compliance of the digital content or service cannot be achieved at no cost to the consumer;


4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;


5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.


The consumer is also entitled to a price reduction or to rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.


In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.


Any period during which the digital content or digital service is unavailable for the purpose of restoring conformity suspends the warranty that remained in force until the digital content or digital service was supplied in conformity again.


These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).


Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

8. DURATION AND TERMINATION

The present GTS are concluded for an indefinite period as long as the User uses the Services and has not deleted his/her account.

FINDR reserves the right to update and modify the GTS at any time, in particular to adapt to changes in legislation or regulations.

FINDR will communicate any draft modification of the GTS to the User account holder on a durable medium by e-mail (including a link to download the draft in PDF format), no later than two (2) months before the proposed date of application for its entry into force. The User shall be deemed to have accepted the amendment to the GTS if he has not notified FINDR, prior to the proposed effective date of such amendment, that he does not accept it.

If the User does not accept the modification of the TOS, he/she may delete his/her account and no longer use the Services.

In the event of termination of the TOS by deletion of the account, FINDR shall proceed to delete from its information systems the User's data, personal data and account, with the exception of any information that may need to be retained by FINDR pursuant to its legal obligations.

9. UPDATING

FINDR shall ensure that the User is informed of any updates required to maintain the conformity of the Service one (1) day prior to such updates. Updates must be accepted in order to access the Services.

For updates that are not necessary for the operation of the Site, FINDR will provide a valid reason for such updates when informing Users at least three (3) days in advance by e-mail, indicating the date of such update. In this context, the User has the right to refuse the update or and no longer use the Services and the Site, if the update has a negative impact on his access to the Services and this within a period of thirty (30) days.

10. PERSONAL DATA

To use the Services, subject to the choice to remain anonymous, the User must provide the personal information specified in the User's privacy policy.

Personal data is processed in accordance with the privacy policy.

11. PUBLICATION WITH ILLEGAL CONTENT

When using the Services, the User may be confronted with information and content that is inaccurate, partial, delayed, confusing, illegal, offensive or otherwise harmful. FINDR does not review content posted by its Users. User acknowledges that we are not the source of or responsible for any third party content or information (including that of other users).

FINDR cannot prevent misuse of its Services.

  1. Terrorist content

In accordance with the European Regulation on Combating the Dissemination of Terrorist Content Online (EU 2021/784), any material that:

  • Incites others to commit terrorist offenses, for example by glorifying terrorist acts or advocating the commission of such offenses;

  • Solicits others to commit terrorist offences or to contribute to the commission of terrorist offences;

  • Provides instructions concerning the manufacture or use of explosives, firearms or other weapons, or noxious or hazardous substances, or concerning other specific methods or techniques for the purpose of committing terrorist offences or contributing to the commission of terrorist offences; or

  • constitutes a threat to commit terrorist offences.

If the User reports content to the dedicated e-mail address that meets these criteria, he or she will receive an automatic reply containing the reporting information and, in particular, a unique reporting number. This number must be retained.

FINDR may respond to the report and request further information. If the User receives an e-mail from FINDR, the User may respond directly to the e-mail in order to move forward with the processing of the report.

When FINDR removes access to a content following a report in this respect, FINDR will inform the User at the origin of the request as well as the User who carried out this publication provided that it did not do it in an anonymous way in particular of its decision and the reasons motivating it.

2. Other illegal content

If a User believes that content published on the Site infringes his or her personal legal rights or is contrary to French law, he or she may report it by e-mail to FINDR.

Any request for removal, does not mean that FINDR will grant each request.

Following a User's request or on its own initiative, if a content does not comply with the present or French regulations, then FINDR may delete the content or suspend a User's account by acting reasonably and objectively according to the seriousness of the alleged violation. The User concerned by these measures will be informed by FINDR of the nature of its breaches and may contest them within five (5) days. In the absence of a response or if the justification does not appear sufficient, FINDR will proceed with the measure that appears most appropriate.

If FINDR has to delete content, it will keep the deleted content for a period of six (6) months in accordance with the Decree No. 2022-1567 of December 13, 2022, subject to appropriate technical and organizational safeguards, which means in a dedicated database and separate from other data identifying the person at the origin of the content.

12. FORCE MAJEURE

FINDR's performance of the Services may be suspended in the event of force majeure preventing or delaying its performance in accordance with Article 1218 of the French Civil Code.

In such cases, FINDR will notify the User of the occurrence of an act of God or force majeure within 7 (seven) days of its occurrence.

Should the suspension of the Service last longer than fifteen (15) days, the User will have the option of no longer using the Services.