GENERAL TERMS AND CONDITIONS OF USE OF Joynit APPLICATION
(Last update: AUGUST 31, 2017)
These general terms and conditions of use (hereinafter referred to as the “General Conditions") aim at setting the terms and conditions of use of the Joynit mobile application (hereinafter referred to as “Joynit” or “App” ), published by the developers (hereinafter referred to as the “Developers”) of Linp, a simplified joint stock company with capital stock of €2,284, located at 128 Rue de la Boétie, 75008 Paris, registered in the Trade and Companies Register under number 829 046 853 (hereinafter referred to as “Joynit”). Joynit is a free mobile app for iOs and Android smartphones, also available on desktop, which facilitates the organization and sharing of activities between any individuals, having reached the age of majority, who have the legal capacity of entering into contracts, or any legal entity who installs or consults the App and uses the services offered by the App (hereinafter referred to as the “User”, “Users” or “You”).
1 - Acceptance and modification of the General Conditions
Upon installation of the App and/or creation of his account, the User unreservedly accepts the General Conditions submitted to him/her for acceptance before the final approval of the creation of his/her Joynit account (hereinafter referred to as the “Joynit Account”).
Joynit may update the General Conditions and undertakes to notify the Users by including the changes on this page, in particular by stating the date of the last update. Users are encouraged to consult them regularly, any new version being binding on them as from their acceptance or the expiry of the notice period, provided before the new version comes into force, unless they have duly notified Joynit during the notice period of their decision to close their Joynit Account (email@example.com).
By logging into his/her account, the Users have access to the applicable version of the General Conditions.
2 - Purpose of the App
The App is a tool for facilitating organization and sharing of activities between Users and their contacts. The User establishes a network by inviting other Users (hereinafter referred to as the “Joyners”). The User may also share content directly with their contacts (hereinafter referred to as the “External Contacts”) by means of links to the web interface linked to the App.
The App allows the User to create activities, for which he/she selects (i) a title, (ii) the type of activity among the categories available (e.g. Sport, Foody, Culture, Party), (iii) the time of day among the time of day available (e.g. morning, midday, afternoon, dinner-time, evening), (iv) the date, (v) the location of the activity, and (vi) the Joyners or External Contacts with whom he/she wishes to share the activity created.
The User also chooses the level of visibility of the activity created: (i) a visibility for all his/her Joyners or (ii) a restricted visibility to those invited to the activity.
The User may opt to synchronize his/her smartphone calendar with the App so that it can suggest suitable dates to plan an activity based on a pre-established guest list and, if applicable, enter Joynit activities in the User’s smartphone calendar.
The App enables sharing photos with all participants, within each activity.
The App enables communication with all participants of a given activity via a dedicated chat.
The App enables to set a location for each activity, by entering an address or by activating geolocation. It enables to suggest or select a location from a list of suggestions. It also enables the User to suggest several locations to his/her Joyners, who may then vote. Joynit may recommend locations to the Users according to their preferences.
The list of the App functions is likely to evolve, with the addition or deletion of services, after giving the Users a reasonable notice thereof.
3 - App’s accessibility and availability
The App is available for mobile devices running on Apple iOS and Android operating systems. It can be downloaded from the Appstore and PlayStore app stores. The files corresponding to the activities and the attached content (i.e. messages, photos, participants, address, date) can also be accessed via a web browser using a hypertext link unique to each activity shared by the organizer with their External Contacts. Users register with their telephone number, and will be asked to enter a verification code sent to them by SMS, which makes it easy to find all External Contacts in their directory who have also installed the App, and add them as Joyners, if applicable.
Access to the App is through invitation, each User has a partner code for inviting other people to join the App and activate their User account. The minimum configuration enabling the operation of the App are:
- An Apple device with iOS 9 or higher;
- A device with an Android OS of 5.5 or higher; and
- An internet-enabled device (via WiFi or 3G/4G).
The Developers will make every reasonable effort to ensure that the App is available at all times. Nevertheless, the User represents that he/she is fully aware that some App functions are provided via the Internet and mobile networks and that the availability of said networks affects the access to the App and its functions. Joynit shall not be held liable for unavailability of the App due to the Operation of Internet and/or Mobile Networks (as defined in Article 8 below).
4 - Sharing your content and confidentiality of information
The content and information that Users publish on the App belong to them. Users may control the dissemination of content through the “visible” or “restricted” privacy settings made available to Users under the “Your Account” tab.
The App collects the last name, first name, date of birth, email address, telephone number, geolocation data as well as the information (i.e. last name, first name, telephone, email address) of the Users’ External Contacts needed for implementation of the Joyner Add function.
When the User publishes content or information under the “visible” setting, that means that such content or information will be associated with the User (i.e. name and profile picture) and all of the Joyners of the that User will be able to access and use them.
In all cases, the content published by the Users as well as the profile information are only visible to Joyners previously added by Users, and to external users having the hypertext link to access the content via a web browser. External users will be asked to enter a name and an email address if they wish to interact (i.e. share a message, upload a photo, indicate their participation, etc).
5 - Security
The App must be a secure tool, but we cannot guarantee absolute security. To contribute to the App’s security, the User undertakes to comply with the following:
- Not to publish marketing messages without prior approval;
- Not to access the App via automated methods (such as robots, spiders, etc.);
- Not to upload viruses or other malicious code;
- Not to ask for login details nor access a Joynit account belonging to another User or someone else;
- Not to intimidate or harass other Users;
- Not to use the App for any illegal, malicious or discriminatory purposes;
- Not to act in any way that may disable, burden or impair the operation or appearance of the App (such as a denial-of-service attack or interference with page display, or other features of the App); and
- Not to allow and/or encourage a breach of these General Conditions.
6 - Protection and respect of other people’s rights
Joynit respects the rights of others and we ask that you do the same. Users thus undertake:
- Not to obtain information relating to other Users and/or Internet users nor the contents they publish;
- Not to publish content and/or perform actions via the App that could infringe the rights of others or otherwise violate the law;
- Not to publish (i) content that incites hatred or violence, (ii) pornographic content, (iii) violent content, (iv) content promoting alcoholic beverages, tobacco, adult dating sites or other adult products and/or services (including advertisements), or (v) content liable to sanctions for offenses under the July 29, 1881 Press Freedom Act;
- Not to use the App to promote any third-party app that is related to alcoholic beverages, adult dating sites, or other adult products and services (including advertisements) without age-related restriction of access;
- Not to send email invitations to people who do not use the App without their consent; and
- To use the “write to Joynit” and “report Joyn” functions to report any content that You think is inappropriate.
Joynit reserves the right to remove content or information You publish on the App if it falls under any of the items in the above list.
7 - User obligations:
The User expressly agrees:
- To download the App on their device exclusively for personal and non-commercial use;
- Not to reproduce the App, in whole or in part, permanently or temporarily, by any means and in any form without the express prior written consent of Joynit;
- Not to use software or processes intended to copy the App’s content without the prior written authorization of Joynit;
- Not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse engineer all or part of the App, services and/or content;
- Not to export the App or merge all or part of the App with other computer programs;
- Only to make short quotations, analysis and/or reproductions as well as other uses expressly authorized by law within the limits and conditions set by law, subject to mention the names of the authors and the editorial source;
- To expressly waive use of software or devices likely to interfere with the proper functioning of the App;
- Not to extract or reuse, including for private purposes, any substantial or not substantial portion of database and archive content available via the App, without the prior written consent of Joynit;
- Not to install systems likely to hack the App and/or its content, in whole or part, or likely to violate these General Conditions;
- To inform Joynit of any act of hacking and in particular any unlawful or non-contractual use of the App and/or content regardless of the manner of dissemination; and
- Not to sell, lease, sublicense or distribute the App and/or Content in any manner whatsoever to third parties.
8 - Limitation of guarantee
It is the responsibility of all Users to take all appropriate measures to protect their data and/or software stored on their PC and/or smartphone against any attack.
The User represents that they are aware of and accept the features and limits of the Internet network and, in particular: the functional features and technical performance of the Internet network; problems relating to connection and/or access to the Internet network and/or to websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to online posted information, delay in displaying, consulting, querying or otherwise transferring data; risks of interruption; risks of contamination by viruses circulating on said networks, for none of which may Joynit be held liable (hereinafter “Operation of Internet and/or Mobile Networks”).
Joynit cannot be held liable:
- for data loss due to the Operation of the Internet and/or Mobile Networks, or to any event outside its control or to the action of a User or a third party;
- for default, delay or error in data transmission beyond its control;
- for sending messages and/or data to a false, erroneous or incomplete address;
- if data is not received due to the Operation of the Internet and/or Mobile Networks or if received data is illegible or impossible to process;
- if Users are unable to access or use the App and/or services due to the Operation of the Internet and/or Mobile Networks; nor
- for interruption of connection to the Internet and mobile phone networks.
Moreover, Joynit disclaims all liability in the event of misuse of the User’s device and/or incident related to use of the User’s device when using the App. Under no circumstances shall Joynit be held liable for any losses of any kind whatsoever incurred by Professional Users, their devices, their computer and telephone equipment or data stored therein, nor for any consequences affecting their personal, professional or commercial operations that may derive from.
9 - Protection of personal data
Any personal data that may be collected during registration or use of the App will be processed and stored pursuant to applicable regulations.
The User has the right to access, rectify and delete their personal data. The User has also the right to oppose the processing of his/her personal data for legitimate reasons. To exercise these rights, the User must write to firstname.lastname@example.org stating the object of his/her request and his/her contact details.
The User may also contact Joynit to define the instructions for the processing of his/her personal data after death.
The User is hereby informed that any refusal to supply certain personal data may deprive him/her of access to the App and/or some of its functions.
10 - Connection charges
Joynit offers a service free of charge via the Internet network which may be accessed using a smartphone or a computer. The User acknowledges and accepts that access to services requiring an Internet connection or sending digital messages between mobile phones may give rise to costs, which remain at his/her expense, and are governed by the contract entered into with his/her mobile telephone operator.
11 - Deleting the Joynit account
The User may terminate, at any time, the use of the App by deleting his/her Joynit Account using the “Delete My Account” function.
The deletion of the Joynit Account results in the deletion of all content, data and information contained or created using the Joynit Account, which will no longer be accessible on the App, notwithstanding the retention period applicable to Users’ personal data.
12 - Satisfaction survey
Given their commitment to User satisfaction, Developers may conduct surveys to ensure continuous improvements in the App’s use and its digital services.
We appreciate your comments and suggestions regarding the App. However, please note that we may use them without any obligation to pay (just as you have no obligation to communicate them to us).
13 - Intellectual property
Images, texts, programs, trademarks, logos, videos, graphic charts, commercial and advertising materials and other components of the App are protected by intellectual property rights. Any total or partial representation of the App, its content or any of the above-mentioned elements, by any means whatsoever without prior authorization from Joynit, is prohibited and constitutes infringement as defined under Articles L. 335-2 and L. 716-1 of the French Intellectual Property Code.
14 - Jurisdiction
These General Conditions are governed by French law. For any User other than a consumer, any dispute relating to these General Conditions shall be subject to the exclusive jurisdiction of the courts of Paris, France.