English version translated from the french original version.

Date of update of the terms and conditions: February 8, 2021

Definitions

Terms and expressions used in the Terms and Conditions with a capital letter have the following meanings:

T&Cs: means Terms and Conditions.
Application: means the FEELS mobile application, available on the Apple App Store and the Google Play Store.
PENGYOU & CO.: designates the simplified joint stock company with a share capital of 2028.9 euros, registered with the RCS in Auxerre under the number 843 671 819, and owner and sole operator of the Application and the FEELS trademark.
Member: means a person registered on the Application and using the Application Services.
Story: means a medium composed of a succession of content: photos, videos, text, and voices chosen by a Member during the creation of his or her Account. This content is published at the request of a Member and allows him/her to introduce him/herself to other Members. The Story may no longer be shown on the Application at the request of the Member.
Profile: designates a term equivalent to a Member's Story.
Swipe up: designates a gesture of the finger from bottom to top to express the Member's desire to see another Story. 
Reaction: means an action (send a reaction, or react) that aims to express interest in a content to engage in a conversation with a Member
Feelsmoji: means an emoji used on the Application and used to react to a content of a Story
Feels (or Message): means an action (send a feeling or a message) that aims to express interest in a Member by writing to him. This action is symbolized by the selection of a feelsmoji if the other Member has not sent a Message. This action is symbolized by a response to a feelings received in the dedicated section.
Discussion: designates the event that allows two Members to converse after one has sent a Message to the other and the latter sends a Message in response.
Services: designates all of the paid services offered by the Application to promote virtual or real meetings between Members who have crossed paths and have a mutual interest, according to the selected search criteria.
FEELS Premium: all of the paid services offered by FEELS in the form of a subscription for which the Member can choose the duration. 
Premium Member: a Member who has taken out a subscription to FEELS Premium.
Account: means the personal space dedicated to the Member on the Application, which the Member accesses by registering and logging on to the Application. It allows the Member to access the Services.
Log in with Facebook, Apple or Snapchat: means the feature that allows Members to use their Facebook, Apple or Snapchat account to log in to the Application in order to simplify the registration process.

In these T&C:

Article 1 - Scope of application

The T&Cs define the rights and obligations of all parties using the Application. These terms and conditions support a contractual relationship between the Member and Pengyou & Co.

1.1 Conflit of standards

These T&Cs define the main rules for using the Application. These TOS are supplemented by the Privacy Policy. In the event of a conflict between the different policies resulting in a lack of accessibility, intelligibility and/or predictability of the rules, these TOU shall prevail over the other documents.

1.2 Autonomy of stipulations

In the event that one of the provisions of these T&Cs is declared null and void or unenforceable by the effect of a law or other regulation or a jurisdictional decision emanating from a competent court, the other provisions shall remain valid and their force, unless these T&Cs are distorted or misrepresented or if this results in a significant imbalance in the obligations of the parties.

Article 2 - Applicable law and dispute resolution

In the event that one of the provisions of these T&Cs is declared null and void or unenforceable by the effect of a law or other regulation or a jurisdictional decision emanating from a competent court, the other provisions shall remain valid and their force, unless these T&Cs are distorted or misrepresented or if this results in a significant imbalance in the obligations of the parties.

2.1 Governing law

These T&Cs are subject to French law.

2.2 Competent juridiction

The Member will first contact the internal teams of Pengyou & Co. to try to resolve his dispute with Pengyou & Co. amicably. All disputes or litigation relating to the formation, interpretation, execution or termination of the T&Cs or in connection with the T&Cs that could not be resolved amicably will be submitted to the competent Courts of Auxerre.

Article 3 - Modification of the T&Cs

3.1 Update

Pengyou & Co. reserves the right, at any time and unilaterally, to supplement or modify these T&Cs as it deems necessary or to terminate the Services. The User will be invited to read these T&Cs as modified. The fact that the Member continues to use the FEELS Application Services after the T&Cs have been updated is equivalent to the Member's unreserved acceptance of the changes made to the T&Cs. If the Member does not agree with the modifications to the T&Cs, the Member may terminate the Services and terminate his Account in accordance with Article 13.

3.2 Immediat application

The updated version of the T&Cs will apply immediately to all Members.

Article 4 - Conditions of access and registration

4.1 Download terms

The Application is available for free on these legal download platforms: the Apple App Store and the Google Play Store. The Application is downloadable on iPhones using iOS version 10 or later and smartphones using Android version 7 or later.

4.2 Member's Entitlement to Registration

When the necessary conditions to become a Member are met, Pengyou & Co. assigns to the Member, on a personal basis, an Account which contains :

4.3 Obligations of the member upon registration

The Member must be over 18 years of age and must guarantee that all the information he or she provides during registration is true and up to date. Registration is done via telephone number, Facebook, Snapchat or Apple. Facebook connect allows Pengyou & Co. to use the Member's profile picture, first name, last name to create a profile.

Accordingly, Member must verify the authenticity of his or her information on Facebook before registering for the Services. By registering, Member agrees to these T&Cs and the Privacy Policy and agrees to comply with his or her obligations, including those set forth in the obligations and responsibilities of Members set forth in Section 7 of the TOS.

Article 5 - Services and features

5.1 Purpose of the Services

The FEELS application provides Members with a caring and respectful framework that encourages spontaneous and natural contact and meetings with other Members, with the aim of creating virtual or real encounters for personal purposes. Each Member is free to discuss and establish relationships with other Members in accordance with these T&Cs.

Under no circumstances may the services offered on the Application be considered as marriage counseling or brokerage activities. They are solely intended to facilitate the meeting via the Application according to the location and preferences of the Members, virtually or actually, between those showing a mutual interest.

5.2 Free Services to Members

The Application Services are available on the Mobile Application at no cost to the Member who agrees to abide by these T&Cs, including :

5.3 FEELS Premium paid services

The paid Services made available via the Application are accessible to Members by purchasing a FEELS Premium subscription. In addition to the free Services, Premium Members have access to additional services reserved for Premium Members. A premium subscription allows:

Subscription offers allow access to these functionalities for a duration corresponding to that of the chosen subscription. To subscribe to a subscription, the Member must go to the "Premium" section of the Application and press the "Subscribe" button.

The Member then chooses the duration of the desired subscription and press the "Subscribe" button. It is expressly indicated to the Member that taking out a premium subscription requires payment. The financial terms and conditions of the subscription contract entered into via the Application are those of the relevant store (App Store for devices under the iOS operating system and Play Store for devices under the Android operating system).

The main financial terms and conditions of the subscription contract entered into via the Application are as follows :

These conditions are reminded to the Member before he or she presses the "Continue" button and thus confirms his or her subscription. In order to ensure complete and up-to-date information, the Member must consult the general terms and conditions of the Blinds. These can be accessed via the links below:

5.4 Trial

From time to time, FEELS may offer paid subscription trials for a specified period of time, without payment, or at a discounted price (a "Trial"). FEELS reserves the right, in its sole discretion, to determine eligibility for a Trial, and, subject to applicable law, to withdraw or modify a Trial at any time, without notice or liability, to the fullest extent permitted by law, in which case the relevant store will require the Member to provide banking information via the Application in order to initiate the Trial.

The financial terms and conditions of the Subscription Agreement entered into via the Application are those of the relevant store (App Store for devices with an iOS operating system and Play Store for devices with an Android operating system). At the end of these trials, the Member shall be automatically billed for the paid subscription, applicable on the first day following the end of the trial, on a weekly / monthly / quarterly / annual / bi-annual or unlimited basis according to the terms and conditions defined by the offer in question.

By providing his or her banking information in conjunction with the trial, the Member accepts this billing. If the Member does not wish to be billed, the subscription must be cancelled according to the applicable terms and conditions.

5.5 Payment security

The FEELS Premium subscription is payable in a secure manner according to the payment methods provided and imposed by Apple's App Store, Android's Google Play Store. The Apple App Store, the Google Play Store of Android are solely responsible for the terms and the payment process in which FEELS is not intended to intervene in accordance with the conditions imposed by the platforms. Any request for a refund or request relating to payment must be addressed to the Apple, Android or Stripe services depending on the interface (Application or Site) from which the purchase was made. Banking data is collected directly by Apple, Android and is not collected or processed by FEELS.

5.6 Early termination of the contract by the Member or by FEELS

In case of violation of the T&Cs or of a legal provision by the Member, FEELS is entitled to terminate the contract, immediately and without prejudice. FEELS is not obliged to justify its decision to terminate the contract to the Member, and in any case, no refund will be made if the Member benefits from FEELS Premium.

Article 6 - Protection of personal data

6.1. Person in charge of processing

The data collected is processed by the company Pengyou & Co. with a capital of 2€ registered under the number 843 671 819 in the RCS of Auxerre, whose head office is located at 9 place du Maréchal Leclerc, 89000, Auxerre, France and represented by its President, Mr. Daniel Cheaib.
Pengyou & Co. attaches particular importance to the protection of your personal data and the respect of your privacy. The purpose of this Privacy Policy (as well as our Cookie Policy, our T&Cs and any document mentioned therein) is to inform you about how we treat the personal data that you provide to us and that we collect in the context of your use of the Application and Services. This Privacy Policy applies to all Services published by Pengyou & Co. that you use (excluding services provided and operated by third parties, in which case the privacy policy of such third parties and not these T&Cs will apply).

6.2. Information we collect

When you use our Services, we may collect and process data necessary for the operation of the Application and the provision of the Services.
When you use our Services, we may collect and process data necessary for the operation of the Application and the provision of the Services. This is information that you send to us directly or data that we collect automatically.

6.2.1 Data that you send us directly

By using our Services, you are sending us information, some of which is personally identifiable. When you provide this information, you agree that some of this information may be visible to other Members of the Application and may be made public on the Application.

To allow you to easily identify this information, this information is listed below as "Public". Pengyou & Co. is not responsible for data disclosed and made public by a Member on the Application. Other information is not visible to other Members and is therefore not accessible. The information you provide us with contains the following registration data: this is the basic data necessary for registration to access the Services.

FEELS, via Facebook, retrieves this data to minimize formalism, thanks to the Facebook Connect feature. By clicking on the "Facebook Connect" button, you agree that Facebook may provide us with this data.
This data concerns your identity, namely

This information is mandatory. If you refuse to provide this information, FEELS will not be able to provide you with the Services offered by the Application and you will not be able to create an account. You may provide other information to complete your Profile. This information is optional and communicated at your sole discretion and under your sole responsibility. You may complete your Profile directly on the Application. This data is :

Data relating to interactions with FEELS: We may ask you to provide data when, for example, you contact customer service, report a problem with our Services, ask for help, exercise your rights to your personal data, or when you participate in promotions, games and contests, surveys, provide your experience with our services, testimonials, and answer our questions.

6.2.2 Data we collect automatically

When you use our services and features, we collect information about your activity on the application:

Data about your activity
: When you access the Services and use the Application and its features, we may collect and process information about how you use them. This includes the date of registration, last login, how you use the Application screens and features, and the type and number of interactions with other Members (such as "Swipe up", "Messages" and "Chat"). This data allows us to identify improvements, but is not used to identify you or used for advertising purposes.


Data about your activity: When you access the Services and use the Application and its features, we may collect and process information about how you use them. This includes the date of registration, last login, how you use the Application screens and features, and the type and number of interactions with other Members (such as "Swipe up", "Messages" and "Chat"). This data allows us to identify improvements, but is not used to identify you or used for advertising purposes.

Geolocation Data: We never ask users to share their geolocation data accurately and automatically. However, since the main purpose of the Application is to help you find other Members who are close to you in order to facilitate virtual and/or real meetings, we freely let users enter the city in which they wish to discover new people.

Messaging Service Usage Data: Messages are sent and stored on FEELS servers exclusively to provide the Service for the transmission of exchanges between Members who have a Discussion. Messages are strictly private and concern only interested Members. The authorized representatives of FEELS have no right of view and control over these conversations, except upon judicial request and/or in accordance with the laws and regulations in force. In addition, the strictly private Messages will not be accessible to other Members not concerned by the exchange, nor to third parties.

Data relating to the search preferences of the Member: the Application allows you to define the search of Members according to age, distance and gender. You may modify these parameters and enter in the Application the age range, radius and, after having previously consented to the collection and processing of this data by FEELS, the gender of the Members sought in order to be put in contact exclusively with the profiles that meet your criteria. Only Members who share your search preferences will be displayed to you.

Device and Equipment Data: We collect information from and about the devices and equipment you use to access our Services, such as server logs that may contain IP addresses, application version, cell phone model, cell phone ID, language used, operating system, application failures. FEELS cannot access the browsing history of its Members. Data may be collected using cookies: for more information, please refer to the Cookie Policy.

6.3. How the data collected is used

FEELS collects data that is necessary for the operation of the Application Services that are offered to Members under the service contract between us (T&Cs). Your data is collected and processed for the following purposes:

The data collected is also necessary for the fulfillment of the legitimate interests of FEELS (improvement and optimization of the services as well as a better knowledge of its Members and of the way our Services are used) and in particular allows us to carry out statistical studies, satisfaction surveys and marketing type analyses in relation to the use of the Application and Services by the Members. If the data processing is carried out following the consent of the Members to the processing of their data, the Members may withdraw it at any time; the withdrawal of their consent does not affect the processing carried out prior to this withdrawal. FEELS may process Members' personal data in response to a legal request (such as a search warrant, court order, or other legal process) or to comply with legal, regulatory, judicial or administrative requirements, and may process your personal data to detect or prevent fraudulent activities or security breaches of the Services, in accordance with and in compliance with the law, or to analyze reports of Members who have engaged in conduct that violates these T&Cs.

6.4. How your data is shared

Only certain customer service and support employees and authorized FEELS officers process Members' personal data for the purposes described above. FEELS may also enter into contracts with service providers and partners who may access and/or process certain personal data of Members in accordance with the Privacy Policy and who guarantee the security and confidentiality of Members' personal data. These service providers and partners assist in the operation and improvement of our Services, in particular for data hosting, analysis and statistics, the use of the Application and to provide assistance to its Members.

All of a Member's personal data identified as "public" in Article 6.2 above that appears on his or her profile is visible to other Members who meet the compatible search criteria. We may disclose your data in connection with corporate transactions such as (but not limited to) a restructuring, change of control, merger, acquisition, sale, dissolution, etc.

Finally, FEELS may disclose certain data at the request of government organizations to comply with any legal and/or judicial requests.

6.5. Mention of the Member's rights

In accordance with Law 78-17 of January 6, 1978, known as the Data Protection Act and in accordance with the RGPD, each Member has the right to access, rectify and, where appropriate, the right to have his or her personal data ported and deleted, as well as the right to object to the processing or its limitation and the right to set guidelines concerning the fate of his or her personal data after his or her death.
Concerned about the concerns of its members, FEELS undertakes to respect the protection of personal data and to process these requests as soon as possible. The Member may exercise his/her rights, subject to proof of identity, by sending an e-mail to contact@feels-app.com. For any other complaint, the Member may address a request to the national supervisory authority in charge of data protection.

The right of access authorizes the Member to question FEELS in order to obtain communication of the data concerning him/her in a form accessible under the terms of article 39 of the Data Protection Act and article 15 of the RGPD.

The right of rectification gives the Member the right to require FEELS to correct, complete, update or erase personal data concerning him/her that is inaccurate, incomplete, equivocal, out of date or whose use, communication or conservation is prohibited on the basis of article 40 of the French Data Protection Act and article 16 of the RGPD. You can modify or rectify your data directly from the Application. Simply go to your profile and directly edit the "Story", "My Main Occupation" and "My Current City" sections. To change your first name, last name, age or gender, send us your request by e-mail to contact@feels-app.com or go to your Facebook page and update the "About - General Information and Contact Information" section of your profile.

The right to portability gives the Member the right to receive the personal data provided to FEELS in a structured, commonly used and machine-readable format and to transmit them to another person responsible for processing, in accordance with article 20 of the RGPD.

The right of opposition gives the Member the right to object, free of charge and at his discretion, to the use of his data by FEELS for prospecting purposes, including commercial purposes, and for processing based on the legitimate interest of FEELS, on the basis of article 38 of the Data Protection Act and article 21 of the RGPD.

The right to the erasure of data confers on the Member the right to demand, free of charge, the erasure of the data communicated to FEELS in a discretionary manner, within the limits of the rights based on article 17 of the RGPD. You can delete your account and all of your data from the application using the "Delete my account" function available in the "Settings" menu of your profile. It is also possible to do so by sending a request by email to the address indicated in Article 14 and subject to proving your identity. The Member has the right to define his or her guidelines regarding the storage, deletion and communication of his or her personal data after his or her death in accordance with Article 40-1 of the French Data Protection Act. These rights may only be exercised within the limits of FEELS' means in the context of the use of Facebook Connect. Part of the data was communicated to FEELS via Facebook Connect and therefore cannot be rectified without the cooperation of Facebook. The Member may also correct most of the data concerning him or her on the Application itself on his or her own initiative.

6.6. Data retention

FEELS keeps the Member's data for as long as it is necessary to use the Member's Account, i.e. for : 

It should be remembered that FEELS, in accordance with its status as host, is legally obliged to keep certain personal data of Members for a period of one year on the basis of Article 6, II of the Law for Confidence in the Digital Economy of June 21, 2004.

FEELS undertakes to make the best efforts and all means at its disposal to ensure the maximum security of the stored data. It is also the responsibility of the Member to take appropriate measures to protect his or her data.

FEELS refuses to collect data on minors. In case of a lie by a Member concerning his date of birth and more particularly in case of fraudulent attestation of his majority, the parents of the minor child are invited to inform FEELS by sending an e-mail to the address indicated in article 14, in order to request the deletion of the data. FEELS undertakes to delete all personal data concerning the minor child as soon as possible.

6.7. Data transfer outside the EU

When registering, the Member expressly agrees that his or her data may be transferred to FEELS subcontractors located outside the European Union, for the purposes of conducting statistical studies, assisting Members and, where applicable, hosting the data processed by the Application.
FEELS guarantees that such transfers are carried out under conditions that guarantee the confidentiality and security of the data as well as an adequate level of protection in accordance with the regulations in force (in particular the standard contractual clauses of the European Commission).

6.8. Cookies

For more information, see our cookie policy.

Article 7 - Obligations and Responsibilities of Members

7.1 The obligation of loyalty and honesty during registration

To acquire the status of Member, it is necessary to meet all the following conditions:

FEELS has neither the legal obligation nor the technical means to verify the identity and age of the Members. However, in case of doubt, the presence of suspicious elements or a report by a third party via the "report" function that allows us to presume identity theft or fictitious or erroneous information, FEELS will conduct an investigation as soon as possible and may rectify, if necessary, the information provided without distorting the Member's profile.

Throughout the investigation, FEELS reserves the right to suspend the suspected Member's Account and his or her access to the Application and also to carry out the necessary verifications, including requesting a copy of an identity document. The Member will be informed of the suspension of his Account via the Application and/or by e-mail sent to the address linked to his Account, in accordance with Article 13.4. In the event that the Member is unable to provide such proof, or in the event of a proven violation of these T&Cs, FEELS may terminate the Account of the Member in question, in accordance with the terms described in Section 13.4 hereof.

7.2 The obligation of honesty and loyalty during use

To remain a Member, it is necessary to respect, without exception, all the following conditions:

The Member also agrees not to make any copy and/or distribution, and/or transfer of the technical data he or she interprets on the network in connection with the FEELS Application.

7.3 Personal use

The Member agrees to use FEELS only for personal purposes. The FEELS network must not be used for commercial, promotional, electoral or recruitment purposes.
The sending of Messages and the use of Discussions for marketing and / or commercial purposes and / or newsletters via the messaging service of FEELS including, but not limited to, content, indications or hyperlinks referring to sites or third parties, and in particular competitors of FEELS, is strictly prohibited.

7.4 Responsibility of the Member

The Member is solely responsible for its actions and the data it publishes via the Application. If FEELS is held liable for the Member's failure to comply with its obligations, the Member guarantees FEELS against any sentence pronounced against it, originating from a violation of the law or of these TOS by the Member.

FEELS does not exercise any automated moderation on the content published by the Members and shared via the Application: in particular, no photo, video, text or content to which links published by the Members redirect are checked by the FEELS teams.

The Member may report abusive content, violating French law or these T&Cs, by using the moderation tools provided by the Application in accordance with Article 9.3 of these T&Cs.

7.5 Photos and videos

All photos and / or videos of a pornographic, exhibitionist nature that offend against decency and generally contrary to morality are strictly prohibited.

The publication of such photos and / or videos constitutes a fault, which may result in the suspension and / or termination of the Member's Account, without excluding other sanctions that could be pronounced by the courts.

7.6 Real life encounters

FEELS warns Members who want to make "real" encounters. It is entirely up to the Members to verify the identity of the persons with whom they organize these meetings. The conduct of these meetings in real life is organized independently of FEELS, under the sole responsibility of the Members.

The responsibility of FEELS could not be sought for the acts and problems, of any nature whatsoever, committed or caused by the Members and/or former Members during the events which took place following the use of the Application. In this respect, FEELS Messaging voluntarily presents the advantage, always with the aim of preserving the peace and security of its Members, of allowing Members to decide who will be authorized to chat with them.

With regard to the persons with whom the Member has agreed to exchange Messages, it is strongly recommended that the Member does not disclose information that is not on the FEELS profile, such as telephone number, address or surname. FEELS strongly advises, as a security measure, to organize the actual meetings only in public places frequented or to warn a relative and to reveal his or her contact information only after a reasonable period of time.

7.7 Maintenance of the Account

The Member must regularly consult its mail and notifications by which FEELS will keep it informed, among other things, of information relating to its Services and of any modifications and updates made. This information may also be sent by e-mail to the Member's e-mail address via Facebook or Apple. Member can access the Services in his or her Account by logging into the Application using Facebook Connect. Member is solely responsible for his or her login information and must ensure that no third party can access it. In particular, the Member guarantees FEELS for any communication, use or statement made through his Account.

7.8 Equipements

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

Article 8 - Fight against fraud

In order to maintain mutual trust between Members and to improve the security of its Members, FEELS implements a system to fight against fraudulent profiles of users who engage in abuse, scams or illegal activities through their account.

On the basis of objective and cumulative criteria (Member complaints, use of a VPN, use of third party photos, especially of celebrities, location far away from the one indicated on the profile, request for money or money transfer via the service application), FEELS will investigate the profile of the concerned Member and if it is established by FEELS that he/she is engaged in abuse, scams or any other illegal activity, FEELS will close his/her account.

No decision will be made solely on the basis of automated processing of personal data.

Article 9 - Obligations and responsibilities of Pengyou & Co.

9.1 Technical means and security

FEELS undertakes to provide the infrastructure and technical means necessary to provide a quality Service to Members with an iPhone device running iOS version 11 or later and smartphones running Android version 7 or later.

FEELS cannot be held responsible for a malfunction of the Member's device or a problem of compatibility between the Application and the device. FEELS is not responsible for any failures, interruptions or malfunctions of the Member's Internet Service Provider's Services, or for any cause external to FEELS that may interrupt or damage access to FEELS services.

The Member must ensure that he or she has a secure email address. Despite or after forgetting these precautions, the Member's Account is likely to be a victim of fraud.

9.2 Illegal behaviour

FEELS and its partners cannot be held responsible for illegal actions or actions subject to criminal sanctions, committed by its Members, including, but not limited to, the following:

9.3 Reporting and Community Moderation System

As host of the solution, FEELS is not bound by any legal obligation to monitor the content transmitted or stored via the Application pursuant to Article 6, I, 7° of the Law for Confidence in the Digital Economy of June 21, 2004. However, Article 6-I-3° of the same law requires FEELS, as a host, to provide a notification system to report illegal, abusive and harmful content.
In this case, after verification of the Customer Service FEELS undertakes to promptly remove the problematic content. Under Article 6-I-5 of the LCEN: knowledge of a contentious content is presumed to have been acquired when the host is notified:

FEELS has therefore endowed the Application with a system of moderation allowing Members to report the content referred to in Article 6 I 7 ° of the LCEN if they constitute in particular the apology of crimes against humanity, a provocation to commit acts of terrorism and their apology, incitement to racial hatred, hatred against persons on the grounds of their sex, sexual orientation or gender identity or disability, including child pornography, incitement to violence, incitement to violence against women, and outrages upon human dignity.

Guided by strict professional ethics in this regard and refusing to associate itself with both violent or insulting Members and illegal, abusive and harmful content, the FEELS teams will take this reporting procedure particularly seriously. Consequently, when the content published by a Member is the subject of such a report, the Member at the origin of the publication may have his or her account suspended / terminated, under the conditions set forth in Article 13. The Member whose published content is the subject of a report will be informed of the suspension and then the termination of his Account via the Application and/or by e-mail to the address he has communicated.

The Member whose published content is the subject of a report will be informed of the suspension and then termination of his Account via the Application and/or by e-mail to the address he has communicated, and will not be informed of the identity of the Member who made the report. This action is confidential and offers Members a means of control over the Members with whom they wish to remain in contact or not. These reporting systems are accessible and operational:

In the event of publication of content that has been the subject of a reporting procedure and which may be qualified as an infringement under the laws and regulations in force, the Member who is the victim of this content is also invited to contact the competent authorities.

Indeed, the reporting procedure put in place by FEELS does not replace any claim or complaint against the Member at the origin of the disputed content reported. Any abuse of the reporting system (unfounded and/or in bad faith) will also be considered as a violation of these TOS and may result in the suspension / termination of the Account of the Member who has committed such abuse, in accordance with Article 13.4 of the T&Cs, in addition to the application of criminal sanctions in accordance with Article 6 I 4 ° of the LCEN and legal proceedings giving rise to the compensation of victims by way of damages.

9.4 Rules of Prudence

The Member is solely responsible for verifying the identity of the persons with whom he or she could arrange a "real" meeting. FEELS cannot be held responsible in the event of a problem of any nature whatsoever arising from a "real-life" meeting.

9.5 Collective demonstration

Any use of the FEELS Services for the purpose of organizing a collective meeting of its Members constitutes a misappropriation of the Service. It is strictly forbidden to plan or organize a demonstration on the public highway using the Application. Should such a meeting take place, FEELS cannot be held liable for any disturbance of public order or any damage resulting from such meetings.

Article 10 - Communication with the Member

10.1 – Push notifications

The application will be able to send Push Notifications to the Member to keep him/her informed of important events, such as:

The Member can, from his iPhone or Android smartphone, adjust his preferences for push notifications.

10.2 Newsletter and SMS

When registering on the Application, the Member agrees to receive a newsletter or SMS for information purposes from FEELS. He or she may request to withdraw at any time by exercising his or her right of opposition and by sending an e-mail to contact@feels-app.com.

10.3 Advertising and Promotional Messages

FEELS is free to publish and display, via the Application, advertising and/or promotional messages from advertisers and other partners. The Member expressly agrees to receive such messages.

Article 11 - Intellectual and industrial property

11.1 Prerogatives of trademark law

The FEELS trademark is the exclusive property of SAS Pengyou & Co. Pengyou & Co. holds all rights thereto. The trademark has been registered with the National Institute of Industrial Property under the number 4509520.

Any reproduction and / or use and / or partial or total affixing and / or modification and / or deletion of the trademark and related rights, by any means whatsoever, in any form whatsoever, on any medium whatsoever and by any media whatsoever, is strictly prohibited without the prior written permission of the company Pengyou & Co.

The brand is protected by articles L713-2 and following of the Intellectual Property Code currently in force in France and this for the whole world.

11.2 Copyright prerogatives

The original works proposed by FEELS are the exclusive property of SAS Pengyou & Co..

Pengyou & Co. owns all the rights to them. Any representation and / or reproduction and / or distribution and / or total or partial exploitation of the contents and Services offered by the Application such as software, animations, texts, videos, graphics and more generally the general structure, by any process whatsoever, in any form whatsoever, on any medium whatsoever, is strictly prohibited without the prior written authorization of Pengyou & Co..

Such action may be subject to legal proceedings. These original works are protected by articles L335-3 and following of the Intellectual Property Code currently in force in France and throughout the world.

11.3 The licence

The rights of use granted by FEELS to the Member are reserved for private and personal use. Any other use by the Member is prohibited without the prior written authorization of Pengyou & Co.

Also, the Member grants Pengyou & Co. and its partners a free, non-exclusive, worldwide and perpetual license to use, reproduce, represent, modify, translate any element of the intellectual property (texts, photos, videos, etc.) that he or she is required to provide to Pengyou & Co. via the FEELS Application for the non-exclusive purpose of supporting its communication efforts with other Members. This license will be exploited by Pengyou & Co. within the limits of respect for image rights, protection of personal data and without distorting the authenticity of the Member's profile on the Application and while remaining consistent with his profile. This license authorizes Pengyou & Co. to make these elements compatible with its technical performance or the formats of the media concerned. These rights are granted for the entire world and for the entire duration of the execution of these T&Cs between the Member and Pengyou & Co.

The Member remains the owner of the content and personal data he provides. The Member guarantees Pengyou & Co. against any legal action, recourse or condemnation against it originating in the violation by the Member of the intellectual property of a third party. The Member guarantees Pengyou & Co. against any claims or damages that may result from this.

Article 12 : Unfair competition

Developing a product similar to the Application is strictly forbidden.

To create a drift from it or, more broadly, to be guilty of parasitism, acts of imitation, denigration or any other act constituting unfair competition is strictly prohibited. Pengyou & Co. reserves the right to sue the Member for compensation and full reparation of the damage caused by the Member.

The Member is liable to severe legal penalties if he or she succeeds or attempts to license or sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to third parties the Services or the Application in any manner whatsoever.

Article 13 : End of contract

13.1 Deactivation of the Account by the Member

The Member may deactivate his Account at any time without notice via the Application if he no longer wishes to be active or visible by activating the "Invisible Mode".
When deactivating the :

13.2 Uninstallation of the Application by the Member

At any time and without notice, the Member may uninstall the Application from his or her cell phone. When uninstalling the Application, the Member will no longer be able to access the Application unless he downloads it again:

13.3 Deletion of the Account by the Member

At any time and without prior notice, the Member may decide to permanently delete his Account and all of his data from the application using the "Delete my account" function available in the "Settings" menu of his user profile. It is also possible to do so by sending a request by email or by sending a letter to FEELS, whose postal and email addresses are listed in Article 14 of these TOS. As a result, the Member's profile will be permanently deleted. When the Member wishes to use the Application again, he or she is obliged to re-register under the same conditions as a first registration.
When deleting the Account : 

13.4 Suspension / Termination of the Account in the event of a Member's breach of the T&Cs

In the event of a breach of these T&Cs by a Member, his Account may at any time be temporarily suspended and then terminated by FEELS by operation of law.

FEELS may suspend the Member's Account for the period necessary for FEELS' customer service to check it following a report (in accordance with Article 9.3) or in the event of an alleged breach of these T&Cs which is likely to be repaired. The Member whose Account is suspended will be informed by FEELS on the main screen when the application is opened. The Member is invited to contact FEELS customer service by e-mail to obtain additional information on the reasons for the suspension of his Account, to make any observations and/or to prove that the breach has been repaired.

If the Member has not contacted FEELS customer service within 30 days of being notified of the suspension of the Account or if the information provided by the Member to customer service has not remedied the breach, then FEELS may notify the Member of the termination of his Account via the Application and/or by e-mail and inform the Member of the length of time during which he cannot re-register on the Application.

In the absence of details, this period is set at 2 years from the notification of the termination of the Account:

13.5 Termination of Inactive Accounts by FEELS

Beginning no later than January 1, 2020, FEELS reserves the right to delete inactive Accounts, as defined below. An Account is considered inactive if it has been inactive for a continuous period of one year:

It is specified that these criteria are cumulative.

The Member may at any time, during the notice period, reactivate his Account, which will have the effect of suspending the termination procedure. At the end of this notice period, and in the absence of any protest from the Member, the Account will be automatically deleted by FEELS:

Article 14 : Contact

FEELS can be contacted by mail at 9 place du Maréchal Leclerc, 89000, Auxerre.
The Member can also contact FEELS by e-mail at the following address: contact@feels-app.com.

Article 15 : Confidentiality Clause

Neither FEELS nor the Member is authorized to disclose information about the contract that binds them in the event of a dispute, and each of the parties undertakes to respect a confidentiality clause that obliges them to prefer confidential negotiation in the event of a dispute.

The Member also agrees not to make any copy and/or distribution, and/or transfer of the technical data he or she interprets on the network in connection with the FEELS Application.