Terms and conditions of use

Article 1 - Preamble

Face2faces, a limited liability company with share capital of 12,000 euros, registered with the Bobigny Trade and Companies Registry under number 80261381000018, whose head office is located at 20 Rue Rabelais in Montreuil (93100), publishes a website and mobile application.

The Face2faces company aims to promote communication between employees of the same company, and private individuals. Its aim is to make it easier for companies to achieve their objectives.

Any use of the Face2faces site requires consultation and acceptance of these general conditions. The user acknowledges that use of the Face2faces site requires compliance with all the provisions defined herein.

As soon as you use the Face2faces website, the present General Conditions of Use come into force irrevocably, without the need for any signature by the user.

Article 2 - Definitions

The terms defined below in these conditions have the following meanings:

"Application": website and mobile application entitled Face2faces, published by the company Face2faces, accessible via the following address https://www.Face2faces.fr or entitled Face2faces from AppleStore and Google Play.

"user": a natural person browsing the site and acting in a professional capacity.

Article 3 - Purpose

The purpose of the present General Conditions of Use is to define the conditions of access to and use of the Face2faces application.

Article 4 - Contractual documents

The contractual documents binding on the user are :

the present Terms and Conditions of Use;
where applicable, specific conditions for certain services accessible via the application.

In the event of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher rank shall prevail for obligations in conflict of interpretation. In the event of contradiction between the terms of documents of the same order, the latest documents will prevail over the others.

Ranking criteria will be applied according to the following principles:

obligation by obligation,
or, failing that, paragraph by paragraph,
or alternatively item by item

Article 5 - Acceptance and enforceability of the general conditions of use

5.1 Acceptance

The user declares that he/she has obtained all necessary information from Face2faces concerning the services offered by the application and accepts without reservation the present Terms and Conditions of Use.

Acceptance of these terms and conditions is formalized by a checkbox to be ticked by the user using the application for the first time. This constitutes proof that the user has read and understood these terms and conditions.

5.2 Modification

The General Conditions of Use may be modified or amended at any time by Face2faces in order to improve the application.

In the event of modification of the General Conditions of Use, the new General Conditions will be notified when the user opens the application and must be accepted once again.

Any use of the application after the General Terms and Conditions have been modified constitutes acceptance by the user of the new General Terms and Conditions.

The Terms and Conditions of Use linked from the application take precedence over any printed version of an earlier date.

5.3 Enforceability

The General Terms of Use are binding on the user as soon as they are accepted, which must be done before the application is used for the first time.

In all cases, on the date of first use of the application by the user, the General Conditions of Use are deemed to have been read and are applicable.

The user may renounce use of the application and associated services at any time, but remains liable for any prior use.

Article 6 - Access conditions

To access the application's services, the user must complete a registration form and fill in the mandatory fields. Incomplete registration will not give access to Face2faces website services.

Registration automatically leads to the opening of a personal account giving access to a personal space that enables the user to manage the use of Face2faces website services.

The username and password chosen by the user will enable him/her to access his/her personal space and, more generally, the application's services.

Access to Face2faces services is currently free of charge for storage limited to 2Gb per user, unlimited number of guests, by any user with access to the Internet or a mobile network. All costs associated with access, whether hardware, software or internet access, are the sole responsibility of the user. The user is solely responsible for the proper functioning of his/her computer and/or mobile equipment and Internet access.

If you decide not to use the application, no refund will be made.

The service is available 24/7.

However, Face2faces reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of the application or access to one or more services, in particular to carry out updates, maintenance operations, modifications or changes to operating methods, servers and access times, without this list being limitative.

The Face2faces company is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the application or of one or more of its services.

The company Faces2faces reserves the right to complete or modify, at any time, the application according to the evolution of technology.

In the event of interruption or inability to use the site's services, the user may contact the Face2faces customer service department for information: contact@Face2faces.fr

Article 7 - Application description

7.1 The application

The Face2faces application enables companies to organize their communication, meetings and tasks, and to store, exchange and retrieve e-mails, messages, images, audio and video content and documents.

7.2 Associated services

The application offers associated services such as :

- internal mail

- notifications

- send documents

- mail management

These services may evolve in the future to include sound recording.

The Face2faces website offers its users a messaging service enabling members to exchange e-mails.

This service only works between users who are members of the site.

These messages are not public and are only intended for the recipient(s) of the message or contacts who have agreed to be part of the project.

Users acknowledge and agree that they will only use this messaging service in accordance with the legal provisions in force, and will in particular :

- not to use this messaging service for canvassing purposes, in particular commercial canvassing,

- do not create a false identity,

- not to send any unwanted messages or spam,

- not to transmit any virus, trojan horse, logic bomb or any other program harmful or destructive to third parties and/or any user,

- not to disseminate content or information of a violent nature, inciting violence or hatred, degrading to the human person, racist, discriminatory, paedophile or pornographic,

- not to steal or appropriate personal data or engage in computer hacking.

As messages are of a private nature, Face2faces does not check their content and cannot be held responsible for them under any circumstances.

Article 8 - Use of the application

8.1 User license

The company Face2faces grants the user a simple right to use the services of the Face2faces website. This license is revocable, paying, non-exclusive and worldwide. It is intended for professional use under the present conditions.

8.2 User obligations

8.2.1 General obligations for using the application

The user undertakes to use the Face2faces site only under the conditions defined herein and in addition :

not to use the application for personal advertising or product sales;
not to commit any act of counterfeiting, not to reproduce, download, represent, modify, all or part of the application, not to use a "robot" or a "vacuum cleaner" of Web site;
not to access and/or remain in the application, which is understood to be an automated data processing system. Any fraudulent access or maintenance is prohibited and punishable by law. The same applies to any interference with or alteration of the operation of this system, or to the introduction, deletion or modification of data contained therein;
not to interfere with the proper functioning of the application, and in particular not to introduce viruses or any other technology harmful to the application or the services offered therein.

The user declares that he/she is of legal age and has full legal capacity to enter into the present Terms of Use.

The user certifies that all information provided to Face2faces is accurate and complete. He/she undertakes to update his/her personal information.

The user may save and print these General Terms and Conditions of Use using the standard functions of his browser or computer.

Users are entirely responsible for their use of the Face2faces website and associated services. He/she undertakes to use the application in a fair manner, in compliance with these General Terms and Conditions, and with applicable laws and regulations, in particular those relating to intellectual and industrial property.

The company Face2faces reserves the right to suspend the use of the site to any user who does not comply with these Terms of Use and to communicate all necessary information to the competent services responsible for the repression of infringements.

The user is solely responsible for the relationships he/she enters into and the information he/she communicates to other users. As such, the user undertakes to exercise appropriate caution and discernment in these relationships. They also undertake to respect the usual rules of politeness and courtesy in their exchanges with other users.

8.2.2 Content-specific obligations

The user is solely responsible for the content of all kinds (in particular text, sound, images and videos) that he or she publishes on the Face2faces website as part of the services offered by the Face2faces company.

The user undertakes in particular to prohibit the distribution of any content :

false, misleading, fraudulent or unrelated to the purpose of Face2faces services;
contrary to current laws and regulations;
defamatory, insulting, inappropriate, abusive and in particular :
hateful, racist, xenophobic, paedophilic, homophobic, revisionist or prejudicial to the honour or reputation of others, threatening a person or group of persons;
inciting discrimination, hatred of a person or a group of persons, in particular because of their origin, membership or non-membership of a particular ethnic group, nation, race or religion, or glorifying war crimes or crimes against humanity, contrary to public order or morality;
encouraging, assisting, peddling or spreading rumours in any way whatsoever and/or violating the privacy of correspondence and thereby infringing on the rights of third parties, intellectual property, privacy, right of personal portrayal;
infringing or encouraging infringement of copyright, patent rights, trademark rights, trade secrets or any other intellectual property right;
harming minors ;
inciting harmful actions against the user or others;
damage the image of Face2faces.

The user undertakes not to distribute and/or create any hypertext links within the framework of the services offered by the Face2faces company.

The user is entirely responsible for his or her contribution and expressly undertakes to comply with the present terms and conditions, at the risk of incurring criminal or civil liability.

Face2faces reserves the right to suspend or terminate the use of its services by any user who fails to comply with these terms and conditions.

8.3 Unsubscribing

The user may unsubscribe from Face2faces services at any time by sending a request to this effect by e-mail to the following address: contact@Face2faces.fr

Unsubscription will take effect within 48 working hours of receipt of the request.

Unsubscription results in the deletion of the user's personal account.

Article 9 - Intellectual property

9.1 Face2faces company information

The present General Conditions of Use do not imply any transfer of intellectual property rights of any kind on the elements belonging to the Face2faces company.

The trademarks, drawings, models, images, texts, photos, logos, graphic charters, software and programs, databases, sounds, videos, domain names, design or any other element making up the Face2faces site, with the exception of third-party elements defined below, are the exclusive property of the Face2faces company and are protected by all intellectual or industrial property rights recognized by the laws in force.

Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the company Face2faces, is prohibited and constitutes an infringement.

Consequently, the user agrees to refrain from any action likely to directly or indirectly infringe the intellectual property rights of Face2faces.

9.2 Third-party items

Elements belonging to third parties, such as film extracts, trademarks, logos, images, texts, sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognized by the laws in force.

The user undertakes to respect all third-party rights and to refrain from infringing, directly or indirectly, the property rights of third parties whose content is present on the application, and to refrain from exploiting these elements in any way whatsoever.

Article 10 - Links to other applications and websites

The application may contain hyperlinks to third-party applications and websites.

The user is formally informed that the applications and sites they may access via hypertext links do not belong to the Face2faces company.

Face2faces declines all responsibility for the content of the information provided on these sites as a result of activating the hyperlink, and for the privacy policy of these sites.

The user cannot invoke the responsibility of the company Face2faces in the event of loss or damage of any kind whatsoever due to the activation of these hypertext links.

Article 11 - Liability

The user uses the services offered by the company Face2faces under his exclusive responsibility.

No guarantee is given other than those expressly given in these General Terms of Use. In particular, no guarantee of performance, availability or accessibility of the services offered by Face2faces is given.

The company Face2faces cannot be held responsible:

service quality, as the service is offered "as is";
disruption to the use of the application ;
the inability to use the ;
computer security breaches, which may cause damage to users' hardware and data;
infringement of users' rights in general.

Article 12 - Personal data

12.1 Personal rights

By using the services, the Face2faces company collects the user's account data and as such implements the processing of personal data for which it is responsible, for the purposes of creating a user account, and managing and monitoring the services offered.

Data collected :

Identification data: surname, first name, e-mail address, telephone number, company name, date of birth, gender.
Connection data: session identifiers.
Communication data(requiring explicit consent): messages exchanged between users, shared files, messaging logs (interaction logs: date sent/received).
Preference and interaction data: privacy settings, choice of alerts/notifications, usage history (frequency of use, features).
Data collected automatically: cookies (navigation tracking), analysis data via third-party tools (Google Analytics, Heatmap: pages visited, time spent, user path).

This information is intended for the Face2faces company and its contractual partners, if any.

The user grants Face2faces the right to use the personal data exchanged for professional purposes and for canvassing by electronic means, both for itself and for its contractually bound partners.

The user agrees never to use another user's account without authorization.

Users are solely responsible for any activity that occurs under their account, and must keep their secure password secret.

Any use of the password is presumed to be on behalf of the user.

In the event of loss of passwords, the user undertakes to notify the company Face2faces immediately of any breach of security or any unauthorized use of his account by e-mail to the following address: contact@Face2faces.fr. The company Face2faces will immediately interrupt access to the services. The company Face2faces cannot be held responsible for losses caused by unauthorized use of the user's account.

The Face2faces company is responsible for all formalities required by regulations concerning the protection of personal data, in particular law no. 78-17 of January 6, 1978 concerning information technology, files and civil liberties.

In accordance with the French Data Protection Act of January 6, 1978, users are hereby informed that they have the right to access, query and rectify any data concerning them, and the right to object on legitimate grounds to the use of such data for canvassing purposes, in particular commercial canvassing, by sending an e-mail to: contact@Face2faces.fr.

12.2 Cookies

Users are informed that when they use the services offered by Face2faces, a cookie may be automatically installed on their browser.

A cookie is a block of data used to record information about the user's browsing habits while using Face2faces services.

Purpose of cookies :

Analyze user navigation to improve experience (e.g. via Google Analytics, Heatmap).
Customize content and user preferences.
Guarantee user session security.

You can set your browser to notify you of the presence of cookies and, if necessary, refuse them, as described at http://www.cnil.fr/.

Users may, if they wish, disable the use of cookies by selecting the appropriate browser settings.

Such deactivation could prevent the user from accessing certain functionalities of the services offered by the Face2faces company.

The user has the right to access, withdraw and modify personal data communicated via cookies under the conditions indicated above.

12.3 Geolocation

Face2faces may use geolocation technologies to personalize the use of its services.

Geolocation data is only collected with the user's explicit consent.
These data are anonymized and stored temporarily before automatic deletion.

The data collected may include GPS coordinates, the IP address of the terminal used, or information concerning the user's location when using Face2faces services.

This data is stored temporarily and deleted regularly.

Geolocation data is anonymized and in no way allows the user to be identified.

If the user does not wish to benefit from Face2faces services based on geolocation, he/she can deactivate this feature by refusing geolocation when using Face2faces services or by selecting the appropriate settings on his/her equipment.

Article 12.4 - Data retention period

Identification data: retained until user account is deleted.
Connection data: deleted after 1 week of inactivity.
Communication data: at the user's request.
Analytical data: kept for 26 months to improve services.

Article 13 - Safety

The Face2faces company makes its best efforts, in accordance with the rules of the art, to secure its services in view of the complexity of the Internet. However, it cannot guarantee absolute security.

The user accepts the characteristics and limits of the Internet.

The user acknowledges that he/she is aware of the nature of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data.

The user must inform Face2faces of any service failure.

The user is aware that data circulating on the Internet is not necessarily protected, particularly against possible misappropriation.

The user agrees to take all appropriate measures to protect his/her own content, data and/or software from contamination by viruses on the Internet.

Protecting sensitive data

All messages and files exchanged on the application are protected by end-to-end encryption (E2EE).

Data stored on our servers is encrypted at rest and accessible only to the users concerned.

Article 14 - General provisions

14.1 Force majeure

Initially, cases of force majeure will suspend the execution of these General Terms of Use and access to services offered by the company Face2faces.

In the event of force majeure lasting more than two months, the present General Terms and Conditions and access to the services offered by the company Face2faces will be automatically terminated, unless otherwise agreed by the parties.

The following events are expressly considered to be cases of force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals: war, riot, fire, internal or external strikes, lock-out, occupation of Face2faces premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory changes to forms of marketing, accidents of any kind, epidemics, pandemics, illness affecting more than 10% of Face2faces staff within a period of two consecutive months, lack of energy supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities, and any other event beyond the express control of the parties preventing normal performance of this agreement.

14.2 Good faith

The parties agree to perform their obligations in good faith.

14.3 Tolerance

The parties mutually agree that the fact that one party tolerates a situation does not have the effect of granting the other party acquired rights.

Moreover, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.

14.4 Assignment

These Terms and Conditions of Use may not be transferred in whole or in part, whether in return for payment or free of charge, by the user.

14.5 Securities

In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the clauses and any of the clauses, the headings will be declared non-existent.

14.6 Invalidity

If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

14.7 Completeness

The present terms of use express the entirety of the obligations of the parties.

14.8 Proof

The computerized registers kept in the computer systems will be kept in reasonable conditions of security and considered as proof of communications between the parties.

Contractual documents are archived on a reliable and durable medium that can be produced as proof.

Article 15 - Applicable law - DISPUTE

These terms of use are governed by French law.

This applies to both substantive and formal rules, regardless of the place of performance of substantive or ancillary obligations.

In the event of a dispute, the Parties will endeavor to resolve it amicably. Failing amicable settlement, the Bobigny Court shall have jurisdiction.