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Terms and Conditions of Use

Last updated: 04/12/2025 09:51:41

1. PREAMBLE AND ACCEPTANCE OF TERMS

These Terms and Conditions of Use (hereinafter the "Terms" or "T&Cs") govern the use of the mobile application "Blyxo Party" (hereinafter the "Application" or the "Service"), developed and operated by Blyxo Party (hereinafter "we", "our", "us" or the "Publisher").

By accessing, downloading, installing or using the Application, you acknowledge that you have read, understood and fully accepted these Terms in their entirety. If you do not accept these terms, you must not use the Application and must immediately uninstall it from your device.

Your use of the Application implies your full and complete acceptance of these Terms, as well as our Privacy Policy and our Cookie Policy, which form an integral part hereof. These documents may be modified at any time, and your continued use of the Application after such modifications constitutes your acceptance of the new terms.

2. DEFINITIONS

For the purposes of these Terms, the following terms have the meaning indicated below:

3. ACCESS AND REGISTRATION

3.1. Access conditions

Access to the Application is reserved for persons of legal age or minors who have obtained authorization from their legal representatives. By using the Application, you declare and warrant that you are of legal age or that you have obtained the necessary authorization from your legal representatives.

The Publisher reserves the right to refuse access to the Application to any person who does not meet these conditions or for any other legitimate reason, without prior notice or justification.

3.2. Account creation

To use certain features of the Application, you must create an account by providing accurate, complete and up-to-date information. You agree to:

3.3. Authentication methods

The Application offers several authentication methods, including but not limited to:

The Publisher does not guarantee the permanent availability, security or error-free operation of these authentication methods. The Publisher reserves the right to modify, suspend or interrupt any authentication method at any time, without prior notice or liability.

3.4. Account security

You are solely responsible for the confidentiality and security of your account, your username, your password and any authentication code. You agree to:

The Publisher shall not be held liable for any loss, damage or harm resulting from unauthorized use of your account, whether such use is due to your negligence, a security breach on your part, or any other cause beyond the Publisher's control.

4. USE OF THE APPLICATION

4.1. License to use

Subject to your compliance with these Terms, the Publisher grants you a personal, non-exclusive, non-transferable, revocable and limited license to download, install and use the Application on your personal devices, solely for personal and non-commercial purposes.

This license does not grant you any ownership rights in the Application or its components. All rights not expressly granted by these Terms are reserved to the Publisher and its licensors.

4.2. Use restrictions

You agree not to use the Application in a manner that:

4.3. Application features

The Application offers various features, including but not limited to:

The Publisher reserves the right to modify, add, remove or suspend any feature of the Application at any time, without prior notice or liability. The Publisher does not guarantee that all features will be permanently available, will function without error, or will meet your specific expectations.

5. USER CONTENT

5.1. Content ownership and responsibility

You retain all ownership rights in the Content you create, upload, publish, transmit or share via the Application (hereinafter "User Content"). By submitting User Content to the Application, you declare and warrant that:

5.2. License granted to the Publisher

By submitting User Content to the Application, you grant the Publisher, its subsidiaries, partners and service providers, a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free and free license to:

You waive any moral right or similar right you may have in the User Content to the extent permitted by applicable law.

5.3. Content moderation and removal

The Publisher reserves the right, but has no obligation, to monitor, review, modify, refuse to publish or delete any User Content, at any time, for any reason, including but not limited to, if the User Content violates these Terms, is illegal, harmful, offensive, or for any other reason deemed appropriate by the Publisher at its sole discretion.

The Publisher does not guarantee that it will review or monitor all User Content. The Publisher shall not be liable for any User Content, any loss or damage resulting from User Content, or your interaction with other Users.

6. EVENTS AND LIABILITY

6.1. Event creation and organization

The Application allows Users to create, organize, promote and manage events. By creating or organizing an event via the Application, you declare and warrant that:

6.2. Event participation

By participating in an event created or organized via the Application, you acknowledge and accept that:

6.3. Limitation of liability regarding events

The Publisher acts solely as a technical platform enabling Users to create, discover and participate in events. The Publisher is not an organizer, promoter, sponsor, partner or participant in any event, unless expressly indicated otherwise.

The Publisher does not guarantee, represent or warrant:

The Publisher disclaims all liability regarding:

7. GEOLOCATION AND LOCATION DATA

7.1. Use of geolocation

The Application may collect, use, store and share precise or approximate location information from your device, including GPS coordinates, IP address, and other location data, to provide and improve the features of the Application, including:

By using the Application and enabling location services, you expressly consent to the collection, use, storage and sharing of your location data in accordance with our Privacy Policy.

7.2. Location sharing

The Application may allow sharing your location with other Users, particularly when you participate in an event. By sharing your location, you acknowledge and accept that:

7.3. Accuracy and reliability

The Publisher does not guarantee the accuracy, precision, reliability, availability or completeness of location services, location data, or location-based information provided by the Application. Location services may be affected by factors beyond the Publisher's control, including but not limited to, weather conditions, interference, technical limitations, GPS errors, or restrictions imposed by your device or operating system.

8. MESSAGING AND COMMUNICATIONS

8.1. Chat and private messages

The Application enables real-time communication between Users via private messages and group chats. By using the Application's messaging features, you acknowledge and accept that:

8.2. Marketing communications

By accepting these Terms and consenting to receive marketing communications, you agree to receive emails, push notifications, SMS and other communications from the Publisher regarding:

You may withdraw your consent to receive marketing communications at any time by modifying your preferences in the Application settings or by following the unsubscribe instructions provided in the communications. Withdrawal of your consent will not affect the validity of communications sent before withdrawal of your consent.

9. PUSH NOTIFICATIONS

The Application may send you push notifications regarding events, messages, friend requests, Application updates and other information. By enabling push notifications, you consent to receiving these notifications.

You may disable push notifications at any time via your device or Application settings. The Publisher does not guarantee the delivery, receipt or operation of push notifications, and shall not be liable for any damage, loss or harm resulting from failure to deliver, delayed delivery, or failure to deliver push notifications.

10. CONTACTS AND CONTACT DATA

The Application may request access to your phone contacts to enable you to find friends who also use the Application. By granting access to your contacts, you:

You may revoke access to your contacts at any time via your device settings. The Publisher shall not be liable for any damage, loss or harm resulting from the use of your contacts or access to your contacts by the Application.

11. INTELLECTUAL PROPERTY

11.1. Application ownership

The Application, including but not limited to, its source code, object code, structure, organization, design, user interface, graphics, logos, icons, images, texts, features, algorithms, databases, trademarks, trade names, and all other elements, are the exclusive property of the Publisher or its licensors, and are protected by copyright, trademark, patent, trade secret and other intellectual property laws.

No provision of these Terms grants you any ownership right in the Application or its components. All rights not expressly granted by these Terms are reserved to the Publisher.

11.2. Restrictions

Without prior written authorization from the Publisher, you must not:

12. PERSONAL DATA PROTECTION

12.1. Data collection and processing

The Publisher collects, processes and uses your Personal Data in accordance with its Privacy Policy, which forms an integral part of these Terms. By using the Application, you consent to the collection, processing and use of your Personal Data in accordance with the Privacy Policy.

Personal Data collected is necessary for the operation of the Application and includes notably your identification, profile, location, usage, technical and communication information, in accordance with our Privacy Policy.

12.2. Data use

The Publisher may use your Personal Data to:

12.3. Data sharing

The Publisher may share your Personal Data with:

The Publisher does not sell your Personal Data to third parties for direct marketing purposes without your explicit consent.

12.4. Data security

The Publisher implements reasonable technical, administrative and physical security measures to protect your Personal Data against unauthorized access, disclosure, alteration, destruction or loss. However, no method of transmission over the Internet or electronic storage is completely secure. Therefore, the Publisher cannot guarantee absolute security of your Personal Data.

You acknowledge and accept that you use the Application and transmit your Personal Data at your own risk. The Publisher shall not be liable for any unauthorized access, disclosure, alteration, destruction or loss of your Personal Data, except in case of gross negligence or willful misconduct on the part of the Publisher.

12.5. Your rights

In accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR) and applicable national laws, you have certain rights regarding your Personal Data, including:

To exercise these rights, you may contact the Publisher at the contact details provided in the "Contact" section of these Terms. The Publisher will respond to your request within the timeframes provided by applicable legislation.

13. AVAILABILITY AND SERVICE INTERRUPTION

The Publisher strives to keep the Application available and functional 24 hours a day, 7 days a week. However, the Publisher does not guarantee that the Application will be permanently available, without interruption, without error, without defect or without delay.

The Publisher reserves the right, at any time and without prior notice, to:

The Publisher shall not be liable for any damage, loss or harm resulting from unavailability, interruption, suspension, modification or cessation of the Application or any part thereof, for any reason, including but not limited to, technical failures, errors, bugs, security attacks, natural disasters, acts of war, acts of terrorism, strikes, social conflicts, or any other event beyond the Publisher's control.

14. LIMITATION OF LIABILITY

14.1. Warranty exclusion

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, OR CONTINUITY.

THE PUBLISHER DOES NOT WARRANT THAT:

14.2. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER, ITS SUBSIDIARIES, PARTNERS, SERVICE PROVIDERS, LICENSORS, EMPLOYERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY THE "EXONERATED PARTIES") SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

14.3. Financial liability limit

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE PUBLISHER AND THE EXONERATED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, HARM OR CLAIMS RESULTING FROM OR RELATED TO YOUR USE OF THE APPLICATION SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID TO THE PUBLISHER FOR USE OF THE APPLICATION DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED (100) EUROS, WHICHEVER IS HIGHER.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL BASIS, AND EVEN IF THE PUBLISHER OR THE EXONERATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.4. Legal exclusions

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE PUBLISHER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Publisher, its subsidiaries, partners, service providers, licensors, employers, agents and representatives (collectively the "Indemnified Parties") from and against all claims, demands, actions, proceedings, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) resulting from or related to:

The Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you must cooperate with the Publisher in asserting any available defense.

16. TERMINATION

16.1. Termination by you

You may terminate your account and cease using the Application at any time, for any reason, by deleting your account via the Application settings or by contacting the Publisher at the contact details provided in the "Contact" section.

Termination of your account will result in deletion of your access to the Application and your account features. However, certain information may be retained by the Publisher in accordance with applicable legislation and the Privacy Policy.

16.2. Termination by the Publisher

The Publisher reserves the right, at its sole discretion and without prior notice or liability, to suspend, disable or delete your account and refuse you access to the Application, in whole or in part, for any reason, including but not limited to:

16.3. Consequences of termination

Upon termination of your account or your access to the Application:

17. MODIFICATIONS TO THE TERMS

The Publisher reserves the right to modify these Terms at any time, at its sole discretion, without prior notice. Modifications will take effect upon their publication on the Application or on the Publisher's website.

It is your responsibility to regularly consult these Terms to become aware of modifications. Your continued use of the Application after publication of modifications constitutes your acceptance of the modified Terms.

If you do not accept modifications made to the Terms, you must cease using the Application and delete your account. The Publisher may require you to re-accept the modified Terms before continuing to use certain features of the Application.

18. APPLICABLE LAW AND JURISDICTION

These Terms are governed by and construed in accordance with French law, without regard to conflict of law principles.

Any dispute, controversy or claim arising out of or relating to these Terms, the Application, or your use of the Application, shall be submitted to the exclusive jurisdiction of the competent French courts, except for mandatory provisions of applicable law to the contrary.

If you reside in a country of the European Union, you also benefit from the rights conferred by the legislation of your country of residence, and you may bring an action before the courts of your country of residence for any violation of these rights.

19. GENERAL PROVISIONS

19.1. Entire agreement

These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and the Publisher regarding your use of the Application, and supersede all prior or contemporaneous agreements, communications, representations and warranties, written or oral, regarding the Application.

19.2. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a competent court, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the extent permitted by applicable law, and the other provisions of these Terms shall remain in full force and effect.

19.3. Non-waiver

The fact that the Publisher does not exercise or enforce a right or provision of these Terms does not constitute a waiver of such right or provision. No waiver of a right or provision will be effective unless made in writing and signed by the Publisher.

19.4. Assignment

You may not assign, transfer or subcontract your rights or obligations under these Terms without prior written authorization from the Publisher. The Publisher may freely assign, transfer or subcontract its rights or obligations under these Terms without your consent.

19.5. Relationship between parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and the Publisher. You have no authority to act on behalf of the Publisher or bind the Publisher in any way.

20. CONTACT

For any question, concern, claim or request regarding these Terms, the Application, or your Personal Data, you may contact the Publisher at the following contact details:

Email: contact@blyxoparty.com

For any request regarding your personal data (access, rectification, erasure, portability, restriction of processing, objection) or for any account deletion request, please contact us at the following address: contact@blyxoparty.com

The Publisher will endeavor to respond to your request as soon as possible, in accordance with applicable legislation.

21. ACCEPTANCE

By clicking "I accept" or by using the Application, you acknowledge that you have read, understood and fully accepted these Terms in their entirety, the Privacy Policy and the Cookie Policy. If you do not accept these conditions, you must not use the Application.

Effective date: These Terms enter into force from their acceptance by the User and remain in force until their termination in accordance with the provisions of these Terms.