Terms of Use
PREAMBLE
These Terms and Conditions of Use (TCU) outline the features, usage terms, conditions, rights and responsibilities for using the Snapshare Widget application by Earium. The app can be accessed through the App Store and Play Store using the user's personal account credentials for these services, on smartphones, tablets or laptops with internet connectivity.
1. DEFINITIONS
1.1 General Definitions
- App Store: The platform by Apple Inc. for downloading iOS apps, subject to Apple's terms accepted by users.
- Play Store: The platform by Google LLC for downloading Android apps.
- Application/App: The "Snapshare Widget" mobile app operated by Earium.
- TCU: These present Terms and Conditions of Use.
- Account: The user's personalized area accessed after registration/login.
- Content: Any elements like opinions, images, videos etc. that users share via the app.
- Push Notification: Written notifications displayed on the user's device by the app.
1.2 Application-Specific Definitions
- Subscription Plans: Monthly, Yearly, Monthly (extra), Yearly (extra) plans granting access to additional features.
- Message: Written message exchanged between connected users via chat.
- Profile: The page displaying user information.
2. APP DESCRIPTION
2.1 Service Description
The app offers services facilitating sharing live moments with a user's close circle of friends/family. Not intended for creating large communities (over 30 connections).
2.2 Service Access
Services are accessible on smartphones, tablets or laptops with recent iOS, Android or MacOS and internet, after downloading the app from the respective app store. All costs for hardware, software, internet access or paid features are the user's responsibility.
3. MEMBERSHIP AND ACCESS
3.1 Access Conditions
Access is restricted to users who fulfill conditions in 6.1, and have accepted these TCU. By signing up, users expressly accept the TCU and Code of Conduct in Article 6.
3.2 Creating an Account
Requires providing email and password after downloading the app. Earium reserves rights to terminate accounts, restrict access or take enforcement actions available to uphold the TCU, including blocking IPs. For EU users, notification will be provided before taking action against accounts/content unless prohibited. Non-EU users may have action taken without notice. EU residents have additional rights under the Digital Services Act.
3.3 Account Security
Each user can only have one personal account. Using multiple accounts violates the TCU. Users are responsible for any connections/data transmissions made using their login details. Users must safeguard against receiving fraudulent emails purportedly from Earium.
4. FREE SERVICES
Free services provided in the app (excluding connectivity/hardware costs) include:
- Sending text messages in chat
- Taking and sending photos to friends
- Confidentially blocking/reporting users violating TCU or law
- Configuring emoji for a chat
5. PAID SERVICES
5.1 Subscription Plans
- Monthly, Yearly, Monthly (extra), Yearly (extra) subscription plans
5.2 Auto-Renewal
Subscriptions auto-renew for the same duration unless canceled by the user. Deleting the account/uninstalling does not cancel active subscriptions.
5.3 Canceling Subscriptions
To cancel, users must follow respective app store steps for iOS or Android devices. Canceling does not provide refunds for current billing period.
5.4 Terms of Offer
Paid services are accessible based on pricing set by the app stores. Services from one store are incompatible with the other platform's devices. Payment issues must be directed to the respective app store's after-sales service.
5.5 Offer Scope and Withdrawal Rights
Purchased plans are valid indefinitely until canceled. As per French law, users have 14 working days from order delivery to request a refund for unused paid services from the app store by using the withdrawal process or statement.
6. USER CODE OF CONDUCT
6.1 Acceptance of TCU
Users must read and accept these TCU. Failure to adhere constitutes a serious violation potentially leading to account termination.
6.2 Duties of Honesty and Fairness
Prohibited actions include unauthorized sharing of other users' content, violating propriety rules, unlawful/disrespectful behavior, deceptive use, using unauthorized tools, disclosing connection details, undermining the app, copying technical data, and submitting unfounded reports.
6.3 Personal Use
The app cannot be used for electoral, recruitment, organizing events purposes or sending marketing/commercial content, especially of Earium's competitors.
6.4 Content Dissemination
Users are solely responsible for disseminated content and must not share illegal, harmful, defamatory, privacy-infringing, non-consensual, offensive, obscene, abusive, threatening, discriminatory, deceptive, malicious or TCU-violating content.
6.5 Reporting Illegal Content
Users can report violating content by: 1) Clicking settings tab 2) Clicking "Report something weird". Reporter identity is not revealed to reported user, who may be encouraged to refer matters to authorities if content potentially infringes laws.
6.6 Blocking Users
In addition to reporting, users can block disrespectful users to prevent communication.
6.7 Penalties for False Reporting
As per French law, falsely presenting legal content as illicit with intent to secure removal may result in penalties of up to 1 year imprisonment and €15,000 fine.
7. NOTIFICATIONS AND ACCOUNT MANAGEMENT
7.1 Push Notifications
Users may receive push notifications for new content, important updates from Earium, and messages/announcements related to their account. Notification preferences can be adjusted in account settings.
7.2 Account Management
Users must regularly check messages, especially from Earium, and push notifications to stay informed.
8. LOGGING OUT, UNINSTALLING, DELETING ACCOUNT
8.1 Logging Out
Users can log out anytime via the app, which does not cancel subscriptions.
8.2 Uninstalling App
Users can uninstall the app anytime without notice, which does not cancel subscriptions.
8.3 Deleting Account
Users can permanently delete their account via the app settings tab or by email request. This instantly makes the profile invisible, permanently deletes all data, and loses any purchased subscriptions without refund. It does not automatically cancel active subscriptions, which must be done through the app store subscription management process.
9. ACCOUNT SUSPENSION/DELETION BY EARIUM
9.1 For TCU Breach
Accounts may be suspended to verify suspected TCU breaches, especially the Code of Conduct. Confirmed breaches may result in automatic account deletion and app ban. No refunds for subscriptions/paid features.
9.2 For Irredeemable Breach
For TCU breaches that cannot be remedied, Earium may delete the account after notifying the user.
10. EARIUM'S RESPONSIBILITIES
10.1 Content Hosting
Earium acts as a content host with no general obligation to monitor user-posted content. It is not liable for user activities/data if unaware of illegal nature or if promptly removed upon awareness.
10.2 Service Access
Earium seeks to ensure uninterrupted service access for supported devices, except in cases of force majeure, maintenance or events beyond its control. It is not liable for damage to user systems/data from downloading content shared by other users.
10.3 User Equipment
Users are solely responsible for their hardware, software, browsers or other equipment needed to use the app. Earium is not responsible for any malfunctioning of users' access media.
11. INTELLECTUAL PROPERTY
11.1 Application Components
Reproducing, modifying or creating derivative works from the app's source/object codes or allowing third parties to do so is prohibited without Earium's authorization.
11.2 Website
All intellectual property rights for the Earium website and its content are the exclusive property of Earium. Commercial/non-commercial exploitation without prior written authorization is prohibited and may result in legal action.
12. LICENSING
12.1 App and Component License
Earium grants users a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable, worldwide license to:
1) Install the app on their owned devices.
2) Use the app and components solely for personal use per intended purpose and TCU.
13. DATA PROTECTION
The Earium Privacy Policy is available in the app's Settings tab and on earium.org.
14. TCU MODIFICATIONS
Earium reserves the right to modify the TCU to adapt to changes in operations, legislation or services. Users will be informed of new TCU versions via the app and must accept them to continue using the app.
15. CONTACT
For any TCU/service-related queries, users can contact Earium at contact@earium.org.
16. NULLITIES
If any TCU provision is deemed null and void regarding applicable laws or court decisions, it shall be considered unwritten without nullifying the TCU or affecting validity of other provisions.
17. APPLICABLE LAW AND JURISDICTION
These TCU are governed by French law. In the event of a dispute, the courts of Paris shall have exclusive jurisdiction, subject to mandatory legal provisions.
