Terms of Service

Updated June 26, 2025

I. PREAMBLE

DATELY ("DATELY") is a simplified joint stock company with a capital of 1,000 euros registered in the Paris Trade and Companies Register under number 837 545 086 and whose registered office is at 29, rue Henri Barbusse 91170 Viry-Châtillon, represented by its Chief Executive Officer Patrick Berczelly (contact@turn-up.app).

DATELY's purpose is the development and publishing of the "TURN UP" Mobile App downloadable on the "Apple App Store" and the "Google Play Store" ("the Application") and more generally, the provision of services related to it (the "Services") in order to allow its members to exchange and discuss with other members (the "User (s)") based on their music tastes.

The use of DATELY's Services and in particular of its Application is governed by the present general conditions of use (the "Terms of Use") which are intended to define the rights, obligations and responsibilities of the Users of the Application. and DATELY.

By using the DATELY Services and in particular its Application, any User of the Application agrees to be bound by the Terms of Use.

A User who does not accept the Terms of Use, can not continue to use and must cease all use of the Services of DATELY and in particular of its Application, without prejudice to the respect of the obligations having vocation to continue at the end of this use.

By connecting to the Application and using the Services, the User is deemed to have accepted the Terms of Use.

The General Conditions of Use may be updated at any time by DATELY without notice or obligation to give reasons for its decision. The User is therefore invited to regularly check it to be informed of any changes.

Definitions of terms

Each of the terms mentioned below in the Terms of Use will have the following meaning:

"Application" means the mobile application marketed under the name "TURN UP" created and published by DATELY running on iOS and Android allowing access to User Services.

"Terms of Use" means these Terms of Use

"Personal Account" means the account of the User allowing him to access the Services of the Application.

"Content (s)" means without this enumeration being exhaustive of any element, content and information, including trademarks, names, logos, texts, images, photographs, music, videos, drawings, models, software , databases, etc., published on the Application by a User.

"Chat" means the online service made available to Users on the Application that allows them to instantly exchange and communicate with one or more other Users and / or with a member of the DATELY team.

"Message" means a message sent by User to another User via Chat.

"Parties" means together DATELY and a User.

"Services" means the services provided by DATELY to Users namely: (i) a service linking Users and (ii) a private chat between Users.

"User (s)" means any person who has opened a personal account on the Application and uses the Services.

II. ACCESS TO SERVICES

1. Eligibility to use the Services

Access to the Services is only allowed to adults. Thus, by connecting to the Application and creating a Personal Account, the User acknowledges that he is at least eighteen years old and undertakes to guarantee his full legal capacity to conclude a contract with DATELY.

2. Connecting to the Application

The connection of the User to the Application is made through his Facebook, Apple, Google or Spotify account or through an account linked to his phone number or email. The User is informed that by agreeing to connect to the Application via Facebook, Apple, Google or Spotify, he authorizes DATELY to use certain information from his account such as the information available on his profile.

The User is responsible for maintaining the confidentiality of his Facebook, Apple, Google or Spotify credentials. The User undertakes, therefore, to inform DATELY of any fraudulent use by a third party of his account and this, as soon as he becomes aware of it. It recognizes, as such, the right for DATELY to take all appropriate measures in such a case and also acknowledges being solely responsible for the use of its identifiers by third parties or actions made by such third parties fraudulent or not .

The User acknowledges and agrees that DATELY may at any time suspend or terminate the connection to the Application in the event that the content of the Account would reveal publications contrary to the laws and regulations in force, as well as the provisions of the Terms of Service.

Upon registration, the User agrees to these Terms of Use and the Privacy Policy and agrees to comply with its obligations.

3. Access to Services

Access to the Services is subject to the opening by the User of a Personal Account whose creation is free. The information necessary to open the Personal Account is collected from the User who certifies that this information is accurate, truthful and consistent with reality and expressly guarantees not to impersonate a third party.

In the event that the User impersonates a third party, the latter acknowledges that DATELY may immediately, without notice or compensation, suspend or close the User's Personal Account.

In no event shall DATELY be held liable in the event of the usurpation of the identity of a User. The Parties acknowledge that any access and / or action performed from the Personal Account of a User will be presumed to be made by this User to the extent that DATELY is not obliged and does not have the technical means to to ensure the identity of the persons having access to the Application.

The User has the option of modifying the information related to his profile provided that it is not detrimental to the rights of third parties. The User is informed that in the event that such information proves to be threatening, vulgar, obscene, defamatory, discriminatory, hateful, or if it infringes a third party's intellectual property right or the reputation of DATELY, DATELY would have the right to request the User immediate modification of this type of information and in case of refusal on his part, to suspend or close his Personal Account.

The User also undertakes not to open and / or multiply the "ghost" accounts, otherwise inactive, on the Application and acknowledges that DATELY, from the discovery of accounts of this type, reserves the right to delete them without delay.

III. DESCRIPTION OF SERVICES

The Services offered on the Application allow all Users having a Personal Account to be put in contact with one or more other Users. The Application provides Users with the opportunity to make contact with each other in order to establish a virtual or real contact, as they see fit. Each User is free to discuss and establish relations with other Users in compliance with these Terms of Use.

IV. OBLIGATIONS OF THE USER

1. Interaction (s) with another User

The User agrees to:

• adopt a correct and respectful attitude towards other Users
• be honest in his statements
• respect intellectual or industrial property rights
• not upload photos of a third party
• not using any software, application, interface or help from a third party to interfere in making contact with other Users of the Application
• remain courteous with other Users
• not to affect the Services or the Application
• not to publish on the Application pornographic content and photos or to undermine modesty and human dignity
• do not disturb public order
• not to commit the offense of defamation and, more broadly, not to use offensive language, particularly racial or discriminatory
• respect the laws and rules in force
• not to incite violence or to condone terrorism, war crimes or crimes against humanity
• do not use the Application for the purpose of organizing gatherings and / or events.

The User is thus fully responsible for the information and the Content that he communicates to another User and the subsequent use that may be made of it. DATELY recommends to the User not to communicate confidential or sensitive information and contents such as his bank details or the banking data of others to another User. Without prejudice to the preceding stipulations, DATELY can not be responsible for the use made of this information by other Users.

In case of violation of the aforementioned provisions, the User is informed that DATELY has the option to terminate the User's Personal Account without delay and notice and to make his access to the Application and the Services unavailable.

2. Information and Content broadcast

The User is free to broadcast the content of his choice on the Application provided that this Content is not contrary to the legal and regulatory provisions in force, nor does it affect the rights of a third party.

The User acknowledges that he is responsible for any Content published on the Application and thus undertakes not to broadcast Content that contravenes the laws and regulations in force, or that infringes the rights of third parties, or that is vulgar, discriminating or offensive.

The User warrants, in particular, that the published Content is not related to the repression of the apology for crimes against humanity, incitement to racial hatred, hatred towards persons because of their gender, orientation, sexual identity or disability, as well as child pornography, incitement to violence, and does not undermine human dignity.

The User further acknowledges that the published Content does not infringe the rights of third parties and that it is not, in particular, illegal and / or infringing content and guarantees to hold all the intellectual property rights therein. thereon.

The User agrees to use the Application only for personal purposes. The network must not be exploited for commercial, promotional, electoral or recruitment purposes. The sending of a Message to marketing and / or commercial purpose and / or newsletters via the Chat Application that includes, including but not limited to, content, indications or hypertext links to sites or supports of third companies , and in particular competitors of DATELY, is formally prohibited.

The User further acknowledges that any Content notified by a third party to the DATELY teams, in the form required by applicable legislation, which is manifestly unlawful, will be promptly withdrawn by DATELY teams whose aim is to effect of making said Content inaccessible without the need to inform the User in advance.

3. Real meetings

DATELY warns Users who want to make "real" encounters. It is entirely up to Users to verify the identity of the people with whom they organize these meetings. The conduct of these "real" meetings is organized independently of DATELY, under the sole responsibility of the Users. The responsibility of DATELY can not be sought for the acts and problems, whatever their nature, committed or provoked by the Users and / or former User during the events taking place following the use of the Application. In this respect, Chat voluntarily presents the advantage, again in order to preserve the peace and security of its Users, to allow Users to decide who will be allowed to see their profiles and to discuss with them (via the "Block" and "Report" features).

It is strongly recommended that you do not disclose information that does not appear on the Application Profile such as phone number, address, or last name. DATELY strongly advises, for security reasons, to organize the actual meetings only in public places with a lot of traffic or to warn a relative and to reveal their contact details only after a reasonable delay.

Equipment

The equipment (hardware or software) necessary to access the Services and all other related costs, including telecommunication costs are the sole responsibility of the User. The User is solely responsible for the material used in the Service.

V. ROLE AND RESPONSIBILITIES OF DATELY

1. Interactions between Users

DATELY is not responsible for the conduct of a User towards another User, or the words held or content disseminated by a User on the Chat or during the physical meeting between Users.

DATELY does not carry out any verification of the situation of a User, and more particularly of his legal situation, prior to his use of the Services. It is therefore incumbent upon each User to inquire about the User's situation and to notify DATELY, where appropriate, who reserves the right to alert the competent administrative or judicial services.

DATELY also disclaims all liability for all information, in particular financial information and more generally any so-called sensitive information, which may be transmitted by a User to another User in the event of fraudulent or illicit use by the party. receiving national.

2. Communication with the User

The User may receive push notifications via the Application in order to be notified of important events.

The User may adjust his preferences for push notifications from his phone.

3. Information and Content disseminated by Users

The User is solely responsible for his actions and the data he publishes via the Application.

DATELY retains the User's data for the duration necessary for the use of the Personal Account.

DATELY has the quality of host of the information and Contents diffused at their discretion by the Users on the Application and is, consequently, subjected to the regime of the weakened responsibility envisaged by the articles 6.I.2 and following of the law n 2004-575 of June 2, 2004.

DATELY cannot, as such, be held liable for the Information and Content disseminated through the Application to the extent that it has not exercised control over the Information and Content, and that it has not an effective knowledge of their manifestly unlawful character.

DATELY does not exercise any moderation of the content published by the Users and shared via the Application: in particular, no photo, text and content to which the hypertext links published by Users are redirected are checked by the DATELY teams. The User may report unlawful content that violates French law or these Terms of Use by means of the moderation tools provided by the Application.

DATELY reserves the right, in the event that too many illicit contents come from the same User, to delete his Personal Account without delay and to suspend his connection to the Application.

4. Availability and operation of the Application and Services

DATELY makes its best efforts to maintain the Application accessible to Users, subject to (i) cases of force majeure as recognized by French courts or (ii) by Users. DATELY may, however, be obliged to suspend without notice and momentarily access to the Application due to technical problems, but also for reasons of maintenance / repair / modification of the Application or Services. As such, DATELY does not guarantee uninterrupted access to the Application and the Services.

DATELY makes, besides, its best efforts to ensure the preservation of the security of the Application. However, the Application may occasionally present errors and / or bugs likely to cause malfunctions of the Services or loss of data on the Application for which DATELY cannot be responsible under any circumstances because of the useful precautions put in place. by DATELY and being specified that each User must save a copy of the data and can not claim any compensation in this respect.

DATELY can not be held responsible for any malfunction of the terminal of the User or compatibility problem between the Application and the terminal.

DATELY is not responsible for any breakdowns, interruptions or malfunctions of the services of the internet service provider of the User, as well as any cause external to DATELY that could interrupt or damage access to the Services.

DATELY also excludes any liability for any damage caused by the Application to the User's operating system, interruptions or disruption of the Services or hardware or software failures of the Application or any damage suffered by the transmission of a virus. computer, a Trojan horse or any other form of programming likely to damage or destroy the functionality of a mobile phone or tablet or hinder its proper functioning.

DATELY also wants to prevent the User against any exceptional risk of receiving unwanted messages or messages allegedly from DATELY. The User must be attentive and vigilant in order, if these assumptions are realized, to warn DATELY.

DATELY can not be held liable for indirect damages, criminal offenses of Users, commercial loss, loss of income, loss of profits, loss of profits, loss of contracts, loss of customers, loss of opportunity, loss of profits, loss of data, data breach, damage to image or reputation or non-pecuniary damage.

DATELY enforces a zero-tolerance policy towards any form of child sexual exploitation and abuse. This includes, but is not limited to, the solicitation of children for sexual exploitation, sextortion, trafficking, or any other form of child sexual exploitation. Users agree not to create, share, or view content involving such acts. Any violation of this policy will result in the immediate suspension or deletion of the User’s account and reporting to the appropriate authorities.

5. Purchasing

In-app purchases within the Application (IAP). At any time, DATELY may offer products and services for purchase ("in-app purchases") through iTunes or Google Play (each a "Software Store"). If you choose to make in-app purchases, you will be asked to enter your account information on the Software Store ("your IAP Account"), and internal purchases will be billed to your Account. IAP are made in accordance with the terms and conditions communicated to you at the time of purchase, and the terms and conditions of in-app purchases that apply to your IPA Account. Some Software Stores may charge you a sales tax depending on where you live. If you purchase an auto-renewing subscription through an in-app purchase, your IAP Account will be charged for the subscription until you cancel it. After your commitment for an initial subscription period, and then after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period, at the price you approved at the time of subscription. If you do not want your subscription to renew automatically, or if you want to change or renew your subscription, you will need to sign in to your IAP account and follow the instructions to cancel your subscription, even if you have deleted your account from us or if you have deleted the App from your device. It is not enough to delete your account on TURN UP or remove the App from your device to cancel your subscription. DATELY will keep all funds debited from your IAP account until you cancel your subscription through your IAP account.

VI. INTELLECTUAL PROPERTY

1. Property of the Application

The names of the Services, the trademarks, logos, graphics, photographs, animations, videos and texts contained on the Application and in the Services are the property of DATELY, and may not be reproduced, used or represented without the express authorization of the DATELY, under penalty of legal proceedings.

The rights of use granted to the User are reserved for private and personal use within the framework and for the duration of the subscription to the Services. Any other use by the User is prohibited.

The User agrees not to modify, copy, reproduce, download, broadcast, transmit, commercially exploit and / or distribute in any way the Services or the computer codes of the components of the Services and the Application. Without the express and prior authorization of DATELY, this would constitute an infringement punishable by the provisions of the Code of Intellectual Property.

All of these elements are made available to the User who undertakes to respect them, not to modify or extract them, or to use them prohibited by law and the regulations in force.

DATELY grants to the User, a limited, non-transferable and non-exclusive license on the Application for the purpose of allowing him to download and install a copy of the Application on his mobile devices and / or tablets for the purpose of strictly personal uses.

2. Ownership and License of User Content

Any element, content and information, including trademarks, names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc., provided by the User, for placing available and distributed via DATELY's Services and in particular its Application, remain the property of said User.

Without prejudice to the foregoing, the User grants to DATELY non-exclusive, free and worldwide the right to reproduce and distribute the Content published in whole or in part by the User on the Application.

The right of reproduction is hereby granted to DATELY for the purposes of: (i) performing the Services and, in particular, allowing the User to view the Content posted by other Users on the Application and (ii) for the purposes of communication, promotion, and / or advertising of the Services and / or the Application and / or DATELY, in any format, on any medium, and by any means, known or unknown to date, and in particular but not exclusively, on all media and networks, on partner sites of third parties.

The User acknowledges and expressly agrees that, when DATELY distributes the Content on social networks, only the general conditions of use of the social network will be exclusively applicable.

VII. LINKS TO OTHER APPLICATIONS

The Application may contain links to external applications that may be of interest to the User.

The responsibility of DATELY can not be sought or committed as to the content of any of these third-party applications, to which the User would have had access by means of these links.

In addition, DATELY has no way of controlling the content of these third-party applications, which remain completely independent of DATELY. Moreover, the existence of a link between DATELY and a third-party Application does not mean that DATELY approves in any respect whatsoever the content of this Application and all the more the use that could be made of it.

VIII. TERMINATION / SUSPENSION

DATELY reserves the right to terminate the Terms of Use without notice and without special reason for reasons of convenience. Similarly, the User may terminate the Terms of Use without notice and without special reason for reasons of convenience by clicking on the delete button Personal Account found in the "Profile" section of the Application.

DATELY reserves the right to terminate the Terms of Use without notice and without any special reason and / or to suspend a User from access to its Services and in particular to its Application and / or to delete and / or suspend Content made available through its Services and in particular its Application by a User, at any time, without notice and without notice of the User in case of:

• substantial violation of the Terms of Use
• publications of Defamatory, Denigrating, Abusive, Obscene, Violent, Racist Content
• concealed, fraudulent or illegal activities through its Services and in particular its Application
• more generally, in case of violation of applicable laws and regulations or the rights of third parties.

From the closure of his account and / or the removal of access to the Application, the User acknowledges that all of its published Content will no longer be accessible through the Application.

In the event of termination of the Terms of Use, the stipulations of these which should reasonably continue after the termination thereof, will remain in effect.

IX. PERSONAL DATA

Your personal data is processed in accordance with our Privacy Policy. After three (3) years of account inactivity, your account will be automatically anonymized or deleted as set out in that policy.

X. DURATION OF THE TERMS OF USE

The User is subject to compliance with the Terms and Conditions of Use from the opening and closing of his Personal Account.

The applicable General Conditions of Use are those in force on the day of use of the Application by the User.

XI. MODIFICATION

DATELY reserves the right, at any time and unilaterally, to supplement or modify these Terms of Use as it deems necessary, or to terminate the Services.

These modifications will be indicated by any useful means and in particular by the publication of a mention of update with the date of update, within the Terms and Conditions of Use.

A User who does not accept the modifications of the General Conditions of Use, will not be able to continue and will have to stop any use of the Services and in particular of the Application, without prejudice of the respect of the obligations having vocation to continue at the end of this use .

It is the responsibility of the User to carefully read the Terms of Use when updating them and to be fully aware of the changes caused by the latter. The fact that the User continues to use the Application Services after the update of the Terms of Use implies acceptance without reservation on his part to the changes to the Terms of Use.

In case of disagreement with the modifications of the General Conditions of Use, the User may terminate the Services and terminate his Account in accordance with Article VIII.

The new Terms and Conditions of Use will apply immediately for Users.

XII. AUTONOMY

In the event that one of the stipulations of the present Terms of Use is declared null or inapplicable by the effect of a law of a regulation or a jurisdictional decision emanating from a competent court, the other stipulations retain their validity and strength, save to imagine that these Terms and Conditions of Use would be distorted or that this entails a significant imbalance of the obligations incumbent on the parties.

In this hypothesis, DATELY will replace as soon as possible a valid and satisfactory stipulation in place and instead of the stipulation whose validity is affected.

XIII. APPLICABLE LAW

These Terms of Use are subject to French law.

XIV. COMPETENT JURISDICTIONS

In case of dispute, the User will first contact the DATELY teams to find an amicable solution. DATELY will consider reasonable requests for dispute resolution through alternative procedures such as mediation or arbitration or through collaborative law.

In the absence of resolution of the dispute by means of alternative procedures, any dispute and / or difficulty of interpretation or execution of the general conditions of use will fall within the jurisdiction of the French courts.

Neither DATELY nor the User are authorized to disclose information on the contract binding them in case of dispute and each of the parties undertakes to respect a confidentiality clause which obliges it to prefer a confidential negotiation in case of dispute.