Terms of Service

1. Introduction

These present Terms of Service (ToS) are concluded between the Company BAXIT, SA, with a share capital of 8000€, registered with the Trade and Companies Register of Paris, under number RCS B 914 058 805, whose registered office is located at 250 bis Boulevard Saint Germain 75007 Paris - France ("We", "the Company") and the User ("You").

We offer a digital platform aiming to communicate massively between the Members through multi-criteria direct messaging and representing a passive connection of online publications, profile broadcasting, and other information for entertainment purposes. The Services are not advisory services nor a matchmaking agency, and the Company does not organize meetings between the Members. The use of the Services is intended solely for personal and private purposes. These Services are exclusively reserved for Members registered on the Website in compliance with these present terms of use and subscription sales (hereinafter the "ToS"), accessible via website and mobile applications. These ToS, accompanied by our Privacy Policy and other associated documents (for example, Moderation Charter, Privacy Policy), form a legally binding agreement between You and Us.

By using our platform, You fully accept these terms.

2. Definitions

For better understanding of the ToS, the following terms are defined:

User: Any person accessing the Services. Member: User registered and having an active account. Services: All features offered, free or paid, on our digital supports. Account: Personal space created by the User to access the Services.

3. Acceptance and access conditions

Access to our Services is conditioned by:

• The minimum age of 18 years and having the legal capacity to commit
• The commitment to provide accurate and up-to-date information during registration.
• The acceptance of the ToS and associated policies.

We reserve the right to suspend or terminate access in case of non-compliance with these conditions.

4. Registration and Security

To use our Services, it is necessary to create an account following these principles :

• Responsibility for credentials: You are responsible for the confidentiality of your username and your password.
• Prohibition of sharing: It is strictly prohibited to share or use the account of a third party.
• Update of information: You must keep your information up to date.

5. Enforceability

These present ToS are enforceable against the Member from their acceptance by the latter, before the creation of an Account and the subscription to a Subscription. The Company reserves the right to make to these present ToS all modifications it deems necessary and useful. It will make its best efforts to inform the Members of the existence and the entry into force of new ToS. Following the entry into force of new ToS and in any event, the Member can renounce using the Services but remains responsible for any prior use. Members can access archived ToS by requesting it via email at the following address: customer@bax4pay.com.

6. Rules of conduct

You commit to respect the following rules :

• Not to use the Services for illegal, harmful, or discriminatory purposes.
• Not to publish violent, pornographic, or hateful content.
• Not to harass or threaten other users.
• Not to undermine the integrity of Customer Service.

Report any abuse or inappropriate content.

We carry out active moderation and we reserve the right to suspend any account not respecting these rules.

7. Registration

The creation of an account by a Member can be done through several means made available:

• A registration form
• Via their Google account

The Member will receive a registration confirmation on a durable medium.

8. Free and paid Services 8.1 Free Services

Your registration for the free Services allows immediate access to free features, including in particular the creation of your profile, certain search features, and browsing through other users' profiles. In general, communication with other users requires a subscription.

8.2 Paid Services

The Company offers Members paid Services allowing access to renewable subscriptions or one-off paid services not automatically renewed, enabling them to access superior features. Members can subscribe to the trial offer to test the Site but with limited functionalities, the trial offer is non-refundable. The features, price, duration, payment conditions, or any other information related to each paid Service are indicated on the payment page, the Member will receive an invoice on a durable medium recalling all these informations.

8.3 The BOOST

The Boosts are paid features allowing users to highlight their profile on the feed and the news feed of other members. This highlighting increases visibility and interactions with your profile, offering you an enriched experience and increasing your matching chances. Terms of use :

• Boosts are available for purchase from your user account.
• Once purchased, the Boosts are activated immediately and applied to your profile for the duration or period specified at the time of purchase.
• The visibility and impact of the Boosts may vary depending on the overall activity on the platform and the number of Boosts used simultaneously by other users.
• The Boosts are considered consumed immediately after their activation. Consequently, they are neither refundable nor exchangeable, unless otherwise provided by applicable law.
• By using a Boost, you acknowledge that the service is performed as soon as it is activated and you expressly waive your right of withdrawal, in accordance with the applicable articles of these present Terms of Service.

The Company undertakes to provide a service in accordance with the description of the Boosts. However, it does not guarantee a specific number of views or interactions generated by their use.

8.4 Subscriptions

Members can access all the Services by subscribing to a Subscription whose prices and terms are mentioned on the payment page. Subscriptions are fixed-term contracts whose execution begins upon purchase confirmation. Subscriptions are automatically renewed unless otherwise indicated by you. You can manage or cancel this renewal via your account.

It is reminded that for Subscriptions subscribed via the Application, any termination request and all renewal reminder messages of the Subscription are directly handled by Apple Inc. and/or Google LLC. The User must request the termination of their Subscription from their smartphone via the App Store and/or the Google Play Store in accordance with the procedures and conditions imposed by Apple Inc. and/or Google LLC.

9. Right of Withdrawal

In accordance with Article L221-18 of the Consumer Code: You have a period of 14 calendar days from the date of subscription to a paid service to exercise your right of withdrawal, without having to justify your decision nor bear any penalties.

To exercise this right, you must notify us of your decision to withdraw via a contact form available on our site or by writing to the following address: Company BAXIT Customer Service – 250 bis Boulevard Saint Germain 75007 Paris - France or by email at customer@bax4pay.com.

9.1 Model withdrawal form:

To the attention of: [Company name and contact details] I hereby notify you of my withdrawal from the contract for the service below: Ordered on: Consumer's name: Consumer's address: Consumer's signature (only in case of notification on paper): Date:

Effects of withdrawal : We will fully refund the amounts paid within 14 days following receipt of your request, using the same payment method.

10. Waiver of the right of withdrawal

By virtue of Article L221-25 of the Consumer Code : If You request to access the service immediately before the withdrawal period expires, You expressly agree to waive your right of withdrawal. This waiver is formalized by an explicit confirmation at the time of your purchase or registration.

11. Termination of subscriptions

The management of your subscriptions (termination, modification or suspension) is governed by the following rules

11.1 Subscriptions

Termination can be made by using the "End my premium benefits" function on the Account accessible via the "My Account" menu.

Unless otherwise stated at the time of subscription, the automatic renewal of a Subscription can be interrupted between 2 days after purchase and at least 2 days before the renewal date.

The one-week trial offer is an offer on the two-week subscription, the first 7 days of which benefit from a reduced rate to allow Members to discover the Site. Some features remain limited. This subscription is automatically renewed for the same duration (14 days), unless canceled by you, without charge. If you choose to cancel your offer within the allotted time, your access is deleted upon registration of your request.

The 2-week subscription is renewed for the same duration unless canceled by you. If the cancellation is made beyond the first week, it will be taken into account but will only take effect at the end of the next renewal period. This means you can continue to use the service until the scheduled end date. A confirmation on a durable medium will be communicated to you.

The monthly subscription is automatically renewed each month on the anniversary date of your subscription.

The termination of a subscription results in the application of administrative and management fees amounting to 19.74 euros.

11.2 Termination procedure

Log in to your account and access the "My subscription" section. Follow the steps to disable automatic renewal. If you encounter any difficulty, contact our Customer Service at the following address: customer@bax4pay.com.

12. Effects of termination

Termination ends automatic renewal and associated debits. You retain access to paid features until the end of the subscription period. Free features remain available even after termination.

13. Rights and obligations of Users

The Company grants users a right of access and use of the Services, subject to the creation of an Account for personal purposes, solely to enable them to benefit from the Services subject to compliance with these present.

When registering and as part of the use of the Services, the user agrees to:

• Comply with the laws and regulations in force and not to infringe public order;
• Not make false statements;
• Respect intellectual or industrial property rights;
• Only upload photos representing themselves. It is forbidden to upload photos of a third party, sexual photos, topless photos, nude photos. Any publication of sexual photos is subject to suspension of access to the Account or termination for serious misconduct;
• Not commit defamation offenses, insults, provocations notably of a racial or discriminatory nature, apologies for war crimes or crimes against humanity;
• Respect the rules of morality and decency and in particular not to disseminate pornographic or exhibitionist content;
• Not communicate their password and other confidential codes allowing third parties or other users to access the Services of their Account;
• Not use software, application, interface or the help of a third party to interfere in the contact process with other users (the credibility of which is based on the reality of exchanges);
• Not use any robot, digital agent, spider, scraper, data mining application, proxy gateway or other manual or automatic device, method or process to access, extract, index, data mine or reproduce or circumvent in any way the navigation structure or presentation of the Service or its contents. Failure to comply with this clause may result in the permanent suspension of the Account and the termination of the contract;
• Respect the confidentiality of correspondence and the privacy of other users;
• Not disseminate or disclose the content of correspondence and messages that have been directly addressed to them as part of the Services made available to them;
• Refrain towards other users from any proposal or initiative contrary to their expressed will;
• Remain courteous and correct towards other users;
• Not offer, solicit or promote paid goods or services or financial compensation, prostitution being strictly prohibited on the Platform;
• Not divert users from the Platform to another site (notably using hyperlinks), or a competing service;
• Refrain from any commercial or advertising use of the Platform;

The User may not assign any rights or obligations under these presents without the prior written consent of the Company.

All content published on our platforms (texts, images, logos, etc.) is protected by copyright and remains our exclusive property or that of their respective authors. You cannot use them without express authorization.

14. Obligations of the Company towards the User 14.1 Company's commitments

The Company undertakes to provide services in accordance with these present Terms of Service and the legal provisions in force.

Our responsibilities include:

• Guaranteeing accessibility and availability of the services, except in case of force majeure or technical maintenance.
• Implementing the technical and organizational means necessary to ensure the security of personal data in accordance with our Privacy Policy.
• Informing users of any significant modification of the services or these present ToS.
• Moderating, to the extent possible, content reported as contrary to our rules of conduct or applicable laws.

14.2 Limitations of liability

Subject to mandatory legal provisions, the Company cannot be held liable:

In case of abusive use of the services by a user :

• Unlawful, fraudulent, or behavior contrary to these presents is the sole responsibility of the user concerned.

For interactions between users :

• We do not guarantee the identity, the truthfulness of the information or the intentions of the users. Online or offline interactions are the sole responsibility of the concerned parties.

In case of interruptions or malfunctions :

• Breakdowns, technical limitations, or temporary unavailability due to maintenance, update, or events beyond the Company's control (force majeure).

In case of indirect damages :

• Loss of data, profits or business opportunities caused by the use or inability to use our services.

14.3 Good faith commitment

The Company does everything possible to provide quality services. However, the user acknowledges that, despite these efforts:

• The services are provided "as is" and without express or implied warranty as to their suitability for the user's specific expectations.
• Any direct liability of the Company is limited to an amount equivalent to the payments made by the user during the last 12 months preceding the disputed event, unless otherwise provided by law.

14.4 Force majeure cases

The Company cannot be held responsible in case of non-performance or poor performance of its obligations caused by an event of force majeure, as defined by Article 1218 of the Civil Code (natural disasters, telecommunications network failure, riots, etc.).

15. Sanctions, suspension of account access and termination by the Company 15.1 Grounds for sanctions, suspension or termination

The Company reserves the right to take corrective measures, including temporary or permanent suspension of a user account, or even termination, in the following cases :

• Violation of these present Terms of Service (ToS), including the rules of conduct.
• Non-compliance with the laws and regulations in force.
• Providing false information during registration or profile update.
• Reporting of inappropriate or illegal behavior by other users, after verification of the facts.
• Abusive or fraudulent use of the services (spamming, identity theft, attempt to access systems without authorization, etc.).
• Non-payment of paid services or unresolved financial disputes.
• Any action aimed at undermining the security or reputation of the Company, its services or its users.

15.2 Applicable measures

Depending on the severity of the observed facts, the Company may apply all or part of the following measures :

• Warning: Written notification informing the user of the violation and requesting to correct their behavior.
• Temporary restriction: Limitation of access to certain account features (messaging, content publication, etc.) for a determined period.
• Temporary suspension: Temporary blocking of account access in case of serious breaches requiring further investigation.
• Content deletion: Removal of content published by the user in violation of the ToS or applicable laws.

Definitive termination : Immediate and irreversible closure of the account, without notice or refund, in case of serious or repeated violation of the ToS.

15.3 Notification and appeal

In case of suspension or termination, the user will be informed by email at the address associated with their account. If the user considers the decision unjustified, they can appeal by contacting Customer Service within 14 days of notification. Any request must include elements allowing the decision to be reviewed (e.g., explanations or evidence).

15.4 Consequences of termination

• Loss of access to services: Once the account is terminated, the user will no longer be able to access their profile or use the services, free or paid.
• Non-refund: Amounts already paid for subscriptions or paid services remain due, unless otherwise provided by law or obvious error by the Company.
• User data: Personal data will be kept and processed in accordance with our Privacy Policy, in particular to meet legal obligations or in case of litigation.

15.5 Company's right to termination

The Company reserves the right to terminate an account, with or without notice, when:

• The services offered evolve or are deleted.
• Commercial or legal imperatives impose policy changes.
• In this case, the user concerned will be informed within a reasonable period, and a pro rata refund will be made for any current subscription.

15.6 Users' obligations in case of termination

In case of termination, the user undertakes to:

• Immediately cease any use of the services.
• Not attempt to create a new account without prior authorization from the Company.
• Respect the applicable rules regarding the confidentiality of other users and the intellectual property rights of the Company.

16. Personal data

Your personal data is collected and processed in accordance with our Privacy Policy, available on our site. You have rights of access, modification, and deletion of your data.

17. Applicable law and dispute resolution

These presents ToS are governed by French law. In case of dispute, an amicable resolution will be prioritized before any legal action. You can also use the European online dispute resolution platform at the following address: http://ec.europa.eu/consumers/odr/

18. Pre-contractual information

The Member acknowledges having received, prior to the creation of an Account and the subscription to a Subscription, in a readable and understandable manner, these present ToS and in particular the following information :

• the essential characteristics of the Subscriptions;
• the price of the Subscriptions;
• information relating to the identity of BAXIT and its postal and electronic contact details.

19. Legal notice

The Website is published by the Company BAXIT, SA, with a share capital of 8000€, registered with the Trade and Companies Register of Paris, under number RCS B 914 058 805, whose registered office is located at 250 bis Boulevard Saint Germain 75007 Paris - France.

The hosting provider is: STACK Infrastructure Switzerland SA, 20 Chemin du Pré-Fleuri, CH-1228 PLAN-LES-OUATES.