English version translated from the French original version

Introduction

Welcome to Feels!

Feels offers Users an online dating service that facilitates connecting and exchanging with other Users, based on their preferences and location, when they express mutual interest.

Access to the Application is strictly reserved for Users aged 18 or over, who commit to providing accurate and up-to-date information during registration.

Access to and use of Feels is free, with paid options.

The purpose of these Terms and Conditions of Use (T&C) is to determine the rules of use and the characteristics of the Application and its Services published by the company PENGYOU & CO., as well as the rights and obligations of any User.

Upon creation of an Account on the Application, the User fully and unconditionally accepts the entirety of the T&C defined below. These T&C are available at any time on the Application by going to the Profile section > Settings screen > T&C or on our website.

Definitions

General Definitions

Within these General Terms and Conditions of Use, the following terms and expressions are understood as defined below:

  • PENGYOU & CO.: The simplified joint-stock company with a capital of 3029 euros, registered with the Auxerre Trade and Companies Register under the number 843 671 819, and owner and sole operator of the Application and the Feels brand.
  • Application: The “Feels” mobile application, operated by PENGYOU & CO., available for download on the Stores.
  • T&C: These General Terms and Conditions of Use.
  • Account: Personal space dedicated to the User on the Application. They access it by registering and logging in to the Application. It allows the User to access the Services. A User must only have one active Account at a time. An active account is understood to be an account that has not been deleted.
  • Services: All services offered by the Application, paid or otherwise, to promote virtual or real-life encounters between Users who have expressed a mutual interest.
  • Stores: Application presentation and download platforms, such as the Apple App Store, the Google Play Store, or the Huawei App Gallery. Their use is governed by the contractual conditions established by their respective publisher (Apple, Google, Huawei or their affiliated companies), which the User acknowledges having consulted and accepted before downloading the Application.
  • User: Any person who has created an Account on the Application.

Definitions specific to the Application

  • Profile: A User's personal file containing the information they choose to share, as well as a selection of content such as photos, videos, and answers to questions. The Profile allows the User to introduce themselves to other Users of the Application.
  • Reaction: An action whose purpose is to express interest in the content and Profile of a User, with a goal to starting a Conversation. There are 3 types of Reactions: 1) The Like, symbolized by a heart button, 2) The Message, symbolized by a paper plane button, 3) The DM, symbolized by a paper plane button on a color background corresponding to the Premium experience (experience linked to the purchase of a Subscription and/or a Pack). The DM being a Message with characteristics that make it a priority.
  • DM: A type of Reaction that allows a private and personalized Message to be written directly to the User to whom it is addressed and which triggers the sending of a notification to the latter at the same moment.
  • Good Vibe: An event between two Users, triggered by the expression of reciprocal interest, each having sent a Reaction to the other. The Good Vibe allows a Conversation to be opened.
  • Conversation: A space created between two Users following a Good Vibe, allowing the exchange of Messages.
  • Message: Written message exchanged between two Users via the Application. Only Users who have obtained a Good Vibe or who use the Message and DM Reaction types can send Messages to each other.
  • Subscription, Feels Infinity Subscription or Feels Fastpass Subscription: A subscription that triggers access to additional features as detailed in Article 3: Paid Services.
  • Boost: A feature allowing Users to increase the visibility of their Profile during the activation period.
  • Pack: A package of one or more DMs or Boosts purchased by the User.
  • Intention: Corresponds to the type of relationship sought by the User on the Application.
  • Standouts: A free feature allowing Users to access a personalized daily selection of a few Profiles recommended by the Application. The Feels Infinity Subscription makes it possible to expand this selection to more Profiles.
  • Swipe-up: Action which corresponds to moving to the next Profile without the intention of sending a Reaction to content in the Profile. The swipe-up corresponds either to a sweeping gesture on the screen from bottom to top, or to a button symbolized by a cross.

In these T&C:

  • Singular terms may designate their plural and vice versa
  • Titles or capitalization are used for convenience and should not affect interpretation
  • Any reference to an agreement, title, act, contract, general condition of any kind or any other instrument is also understood as a reference to any amendment, reformulation, addition or any other modification made to said agreement, title, act, contract, general condition of any kind or any other instrument

Article 1: Registration and Account Creation

1.1 Access to the Application

The Feels Application is available free of charge on the following Stores: Apple App Store, Google Play Store, Huawei App Gallery. It can be downloaded on mobile devices compatible with a recent version of the iOS or Android operating system. All costs related to access to the Application, including internet connection, hardware or software costs, are the responsibility of the User.

1.2 Account Creation

To access the Services, the User must be at least 18 years old.

The User must create a personal Account using their mobile phone number and going through the step of receiving a confirmation SMS.

During registration, the User provides accurate and up-to-date information, in particular first name, date of birth, and gender. Each User may only have one active Account at a time. A minimum of 4 contents (photos or videos) will be requested during the registration process. The User's face must be visible and perfectly identifiable on at least one photo in the Profile. It is not permitted to publish the same content multiple times.

1.3 Consent to the T&C

By creating an Account, the User expressly accepts these T&C and the Privacy Policy and undertakes to comply with their obligations.

1.4 Account Security and Responsibility

The Account is strictly personal. The User is responsible for any use of their Account and their login credentials. Simultaneous use of multiple Accounts constitutes a serious breach of the T&C.

1.5 Account Control and Blocking

Feels reserves the right to monitor User Profiles to verify compliance with these T&C. In the event of a breach or suspicion of a breach, the Account may be blocked or deleted. The User may be invited to provide additional information for authentication.

1.6 Appeals and Data Protection

The User can contest any measure taken against their Account by following the procedure indicated in the Application or by contacting Feels via the email address contact@feels-app.com.

Article 2: Services and Functionalities

2.1 Purpose of the Services

The Feels Application provides Users with an online dating service that facilitates connecting and exchanging with other Users, based on their preferences and location, when they express mutual interest.

The objective of the Services is to allow Users to establish pleasant connections, in respect and, where applicable, to meet other Users for personal purposes. Each User is free to discuss and build relationships in compliance with these T&C.

In no case do the Services constitute advice, matrimonial assistance, or a brokerage service.

The creation of a Feels account and access to the main functionalities of the Application are free.

PENGYOU & CO. reserves the right to modify the availability of functionalities and the offer contained in our Subscriptions and Packs, in any manner and at any time, at its sole discretion.

2.2 Free Services

Certain Services are accessible free of charge, excluding connection and telecommunication costs, subject to compliance with these T&C, and include in particular:

  • The creation, consultation, and updating of their Profile
  • The possibility of deactivating their Profile so that it is no longer offered to other Users
  • The configuration of their search preferences by gender, age, and distance
  • The configuration of their preferences for receiving push notifications and emails
  • The viewing of other Users' Profiles
  • The possibility of skipping certain profiles via a Swipe-Up
  • Sending a limited number of Reactions per day
  • The possibility of having Conversations, which follow the expression of reciprocal interest between two Users, each having sent a Reaction to the other
  • Unlimited sending of Messages within a Conversation
  • Confidential reporting of Users whose behavior is contrary to the T&C or the law
  • The possibility of linking their Feels account to their Apple or Google account to use the Apple Sign-in and Google Sign-in functionalities, and to identify themselves without receiving an SMS during subsequent connections after Account creation
  • The possibility of using the Standouts functionality, and discovering a personalized selection of profiles daily

Article 3: Paid Services

We remind you that paid Services purchased on the Play Store do not work on smartphones or tablets running the iOS operating system. Conversely, paid Services purchased on the App Store do not work on smartphones or tablets running the Android operating system.

3.1 DM Packs

DMs purchased in a Pack do not have an expiration date and can be used at any time after payment until the Account is deleted by the User or by the Application.

3.2 Boost Packs

Boosts purchased in a Pack do not have an expiration date and can be used at any time after payment until the Account is deleted by the User or by the Application.

3.3 Feels Infinity and Feels Fastpass Subscriptions

Subscribed Users have access, in addition to the free services, to the functionalities included in their subscription.

Subscription formulas offer access to Feels Infinity or Feels Fastpass for a duration corresponding to that of the chosen offer.

Functionalities included in Feels Infinity:

  • Possibility of discovering which other Users have sent a Reaction to the subscribed User's Profile
  • Possibility of filtering the Profiles of other Users based on their Intentions
  • Possibility of unlimited changing the city where the subscribed User's Profile is located
  • Possibility of using the Standouts functionality, and discovering an expanded personalized selection of profiles daily
  • Possibility of sending an unlimited number of Likes and Messages
  • The subscribed User receives up to 6 DMs every seven days
  • The subscribed User receives up to 1 Boost every seven days
  • Possibility of returning to Profiles that have been Swipe-up. This applies only to Profiles displayed after purchase, and only within the limit of those that the system is able to retain
  • Possibility of unlimited discovering the Intentions of other Users

Functionalities included in Feels Fastpass:

  • Possibility of sending an unlimited number of Likes and Messages
  • The subscribed User receives up to 3 DMs every seven days
  • The subscribed User receives up to 1 Boost every seven days
  • Possibility of returning to Profiles that have been Swipe-up. This applies only to Profiles displayed after purchase, and only within the limit of those that the system is able to retain
  • Possibility of unlimited discovering the Intentions of other Users

Within the framework of these subscriptions, the DMs and Boosts distributed every seven days are not cumulative from one period to the next. If the User does not use them, they will therefore be lost and no refund request can be made.

DM and Boost Packs can be combined with the DMs and Boosts distributed every seven days as part of the Subscriptions.

Unless revoked by the User, a Feels Infinity or Feels Fastpass Subscription taken out will be automatically renewed upon expiry for a new period equal to its initial duration.

Deletion of the Account by the User, deletion of the Account by the Application or uninstallation of the Application from the smartphone does not cancel or delete the Feels Infinity or Feels Fastpass Subscriptions taken out.

To terminate a Feels Infinity or Feels Fastpass Subscription, the User can at any time go to the subscription management settings of the App Store and the Play Store as indicated below:

Cancel a subscription on iOS:

  1. Open the Settings app
  2. Tap your name
  3. Select “Subscriptions”
  4. Select the subscription to manage
  5. Tap “Cancel Subscription”

Cancel a subscription on Android:

  1. Open the Play Store app
  2. Tap your profile picture at the top right
  3. Verify that you are connected to the correct Google account
  4. Select the “Subscriptions” menu
  5. Select the subscription you wish to cancel
  6. Tap "Cancel Subscription"

Cancellation of a Subscription taken out does not give rise to any refund for months started.

The Feels Application operates globally and our prices may vary based on a number of factors. Such as (non-exhaustive list): promotional offers, country of residence, duration of the Subscription, value of the chosen Pack... We regularly test our functionalities and our offers. The User will be informed of the price applied before purchasing the service in question.

All purchases made in the Application are managed by the Store of the User's operating system (App Store for iOS or Google Play for Android). We only ensure access to the purchased content or service. On the other hand, payment processing, management of bank information, and refund requests are the exclusive responsibility of the Stores.

3.4 Payment terms

A Feels Infinity or Feels Fastpass Subscription is payable securely according to the payment methods provided and imposed by the Stores. The Stores are solely responsible for the payment methods and process.

PENGYOU & CO. has no control over the payment of Subscriptions, Packs, or other paid functionalities. Consequently, the App Store and the Play Store being solely responsible for the conditions and payment operations, and PENGYOU & CO. having no ability to refund purchases of Paid Services, any request relating to payment must be addressed to the Store concerned and PENGYOU & CO. is not intended to intervene.

Payment is due to PENGYOU & CO. upon conclusion of the contract and for the entirety of the subscription period, and therefore for the entirety of the subscription amount.

The Application does not collect any banking data. The User's bank details are collected and processed directly by Apple or Google and remain outside the control of PENGYOU & CO..

3.5 Contract duration

If the User chooses to take out a Feels Infinity or Feels Fastpass Subscription, they will be bound from the date of subscription and throughout the chosen subscription period. In the event of termination by the User before the end of the commitment period, the sums paid to PENGYOU & CO. for this period will remain acquired and will not be refunded to the User.

Subscriptions are automatically renewed by default unless the User objects using the dedicated functionality on the Stores.

3.6 Right of withdrawal

In accordance with the provisions of the Consumer Code, the User has a period of 14 working days from the date of delivery of their purchase, to request from the Stores the refund of all unused Paid Services.

However, in the event of full use of DM or Boost Packs before the end of the aforementioned withdrawal period, the User gives their express agreement for PENGYOU & CO. to proceed with the immediate execution of this service and expressly waives their right of withdrawal in accordance with the provisions of article L221-28-1° of the Consumer Code.

Packs and Subscriptions being payable to the Stores, the User must exercise their right of withdrawal by informing the services of the latter of their decision to withdraw by sending the withdrawal form provided for in article R221-1 of said Code or any other unambiguous declaration, expressing their will to withdraw.

3.7 Early termination

In the event of violation of the T&C or the law by the User, the Application may suspend or terminate access to paid Services, without obligation to refund the sums paid.

Article 4: Obligations and responsibilities of the User

The use of the Application is based on loyalty, honesty, and respect between Users. As such, all Users undertake to comply with all the obligations described in this article.

4.1 Obligation of loyalty and honesty during registration

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

  • Meet the legal age conditions as provided for by French law: be 18 years old. The use of the Application is strictly prohibited for individuals under 18 years of age. PENGYOU & CO. monitors the presence of minors on the Application and may be led to delete or block a User's Account, or request verification of the Account if it has reason to believe that the User is not of the required age
  • Have completed the information sincerely and truthfully when registering on the Application. The User must have communicated the first name, gender, and date of birth assigned to them on their civil status records. The User also undertakes to use their personal telephone number and to provide a valid email address
  • Commit to regularly updating the information communicated by accessing their Account from the Application
  • Have added at least one photo to their Profile physically representing the User and allowing them to be recognized without ambiguity
  • Never have been convicted of a crime or offense of a sexual nature or involving violence
  • Not be registered in the automated judicial file of perpetrators of sexual and violent offenses (Fijais)
  • Have read and accepted these T&C

PENGYOU & CO. has neither the legal obligation nor the technical means to verify the identity and age of Users. However, in case of doubt, the presence of suspicious elements or on denunciation by a third party via the “reporting” functionality suggesting identity theft or the mention of fictitious or erroneous information, PENGYOU & CO. will proceed with an investigation as quickly as possible and may, if necessary, rectify the information communicated without distorting the User's profile.

Throughout the duration of the investigation, PENGYOU & CO. reserves the right to block the suspicious User's Account and their access to the Application and to carry out the necessary checks, in particular by requesting a copy of an official identity document.

In the event that the User is unable to provide the said proof, or in the event of an established violation of these T&C, PENGYOU & CO. may delete the Account of the User in question.

The User undertakes to only hold one active Account at a time. Failing this, PENGYOU & CO. may delete subsequent accounts.

4.2 Obligation of honesty and loyalty during use

All Users undertake to:

  • Not use robots, tools, applications, or software other than those made available by PENGYOU & CO. within the Application when contacting other Users
  • Not post unsolicited commercial communications or send spam
  • Not use the Application to offer or organize professional escort services (or similar services)
  • Not use the Application to offer or organize prostitution services (or similar services)
  • Not solicit other Users with the aim of promoting paid products or services
  • Not advertise or encourage in any way the use of any other service, whether competing or not, and not to commit acts of unfair competition
  • Not collect information, data, or content belonging to other Users without their consent
  • Not post content or disseminate messages that infringe the rights of third parties (in particular their intellectual property rights), or which are pornographic, discriminatory, racist, abusive, violent, defamatory, or sexual in nature, and/or which may constitute bullying or intimidation of other people. As such, we remind you that any photo of a pornographic, exhibitionist, or indecent nature is formally prohibited. Any publication of this nature constitutes an offense liable to the deletion of the Account of the User from which they originate, without prejudice to the other remedies available to PENGYOU & CO. or the criminal proceedings which may result from these publications
  • Not utter incitement to violence or racial hatred or glorify terrorism, war crimes, or crimes against humanity
  • Not use the name or image of any person without their permission
  • Not modify the operation of the Services or prevent access to them
  • Not abuse our channels for defamatory, fraudulent, or unjustified purposes, such as: reporting a user or content, contacting support, contesting a moderation decision
  • Not interfere with the security measures protecting the services or disrupt (or attempt to disrupt) access to the services by any means whatsoever, including, but not limited to, sending viruses, overloading, flooding, spamming, or mail-bombing the services
  • Not use automated means to collect information from the Services
  • Not use the Application in an illegal, fraudulent, dishonest, malicious, and/or discriminatory manner
  • Not disclose their login details for the Application to other Users
  • Not undermine the proper functioning of the Application or the Services and/or not undermine the reputation of PENGYOU & CO.
  • Not copy, distribute, or transfer technical data they intercept on the network in connection with the Application
  • Not file manifestly unfounded appeals, reports, opinions, or complaints
  • Not modify, copy, assemble, decompile, or attempt to use the source codes, algorithms, and software of the Application, as well as those of PENGYOU & CO.'s partners for purposes other than those provided for in these general conditions, and in particular for reverse engineering purposes

4.3 Personal Use

The User undertakes to use the Application only for personal purposes.

Any commercial, promotional, advertising, political, electoral, or purpose of organizing gatherings or demonstrations is prohibited.

The sending of Messages for marketing and/or commercial purposes and/or newsletters via the Application's messaging system which would include, in particular, but not limited to, content, indications, or hypertext links referring to sites or media of third-party companies, and in particular competitors of PENGYOU & CO., is formally prohibited.

4.4 User Responsibility

The User is solely responsible for their Profile and the content they disseminate, the data they provide, and the actions or exchanges they initiate.

PENGYOU & CO. cannot be held responsible for the behavior of Users, but may intervene in the event of a report or violation of the T&C.

If PENGYOU & CO.'s liability were to be sought in the context of the User's non-compliance with their obligations, the latter guarantees PENGYOU & CO. against any conviction pronounced against it, originating from the transgression of the law or these T&C by the User.

4.5 Dissemination of Content

The User retains all of their intellectual property rights over the content they create or disseminate through the Application.

However, the User gives their agreement to the Application to process this content for the purpose of benefiting from the Services. The User grants PENGYOU & CO. a worldwide, free, and non-exclusive license authorizing it to host, store, reproduce, display, publish, translate, adapt, sublicense, and/or use, for the purposes of providing the Services: any information, photo, video, or other content, including content generated by Users, exchanged within the framework of the use of the Services. This license remains valid for the entire duration of execution of these T&C.

The User remains solely responsible for the content they disseminate. As such, they undertake in particular not to publish content:

  • Unlawful, contrary to current regulations, or inciting illegal activity
  • Harmful to minors
  • Defamatory, abusive, discriminatory, hateful, racist, xenophobic, revisionist, sexist, or undermining the dignity, honor, or reputation of others
  • Infringing intellectual property rights or violating the right to image and private life of others
  • Representing a person without their consent
  • Offensive, harassing, threatening, or likely to disturb or alarm others
  • Obscene, pornographic, violent, or contrary to good morals
  • Involving identity theft, deception, scamming, or any fraudulent behavior
  • Containing spyware, advertising software, viruses, corrupted files, worms, Trojans, or any other malicious code
  • Disseminating unsolicited content such as spam
  • Or more generally, content contrary to these T&C

The User holds no rights over the content disseminated by other Users and undertakes not to use it for commercial, harassment, threat, or spam purposes.

Although the Application is not required to pre-screen published content, it may nevertheless be led to intervene to ensure the safety of Application Users.

4.6 Reporting of Unlawful Content

To contribute to maintaining a safe and respectful environment on the Application, Users are encouraged to report any content or Profile likely to contravene these T&C or applicable laws.

A report can be made in two main ways:

  • From the Application: to the right of the name indicated on the Profile concerned or at the top right of the Conversation with the User concerned
  • By sending an email to contact@feels-app.com

When reporting, it is recommended to provide all relevant information and contextual elements, in order to allow a quicker and more precise evaluation of the situation. All reports are examined as quickly as possible. Appropriate measures are taken depending on the nature and seriousness of the violation.

The User whose Profile or published content is the subject of a report will under no circumstances be informed of the identity of the User who made the report.

In the event of publication of content which has been the subject of a reporting procedure and which is likely to be classified as an offense under the legislative and regulatory provisions in force, the User victim of this content may also be invited to contact the competent authorities.

In accordance with the provisions of Law n° 2004-575 of June 21, 2004 for confidence in the digital economy, the act, for any person, of presenting content or activity to PENGYOU & CO. as being unlawful with the aim of obtaining its withdrawal or stopping its dissemination, when they know this information to be inaccurate, is liable to be punished by a sentence of one year's imprisonment and a fine of 15,000 EUR.

4.7 Real-life Encounters

PENGYOU & CO. draws Users' attention to the risks associated with encounters organized outside the Application. No criminal background checks or similar investigations are carried out on Users, so PENGYOU & CO. provides no guarantee as to their behavior or morality.

Any physical encounter is organized independently of the Application and is the sole responsibility of the Users. PENGYOU & CO.'s responsibility can in no case be engaged for acts, incidents, or difficulties, of any nature whatsoever, resulting from such encounters between Users, whether current or former.

Users are expressly advised to exercise caution, particularly by avoiding communicating sensitive personal information (such as telephone number, address, or last name) to other Users.

As a security measure, PENGYOU & CO. advises organizing any meeting in busy public places, informing a loved one of the meeting, and remaining vigilant regarding the sharing of personal contact details.

4.8 Account Maintenance

The User must regularly check their messaging and notifications by which PENGYOU & CO. will keep them informed, among other things, of information relating to its Services and any modifications and updates made.

The User can access their Account by logging into the Application using their phone number and receiving a confirmation SMS, or, where applicable, via the Apple Sign-in or Google Sign-in services, depending on the operating system of their device (iOS or Android) and provided that their Account has been previously associated with it.

The User is solely responsible for the preservation and use of their login information. They must ensure that no third party has access to it and guarantees PENGYOU & CO. against any use, communication, or declaration made via their Account.

4.9 Equipment

All hardware and software equipment necessary for accessing the Services, as well as the costs related to their use (including telecommunication costs), are the exclusive responsibility of the User. The latter remains solely responsible for the configuration, operation, and security of the equipment used in connection with the use of the Services.

4.10 Indemnification

The User agrees to indemnify, defend, and hold PENGYOU & CO. harmless from all claims, demands, damages, losses, costs, liabilities, and expenses (including attorney's fees) related to the User's violation of these T&C.

Article 5: Obligations and responsibilities of PENGYOU & CO.

5.1 Technical means and security

PENGYOU & CO. undertakes to provide the necessary infrastructure and technical means to ensure a quality service to Users with an iOS or Android terminal with a recent version of the operating system.

PENGYOU & CO. cannot be held responsible for any malfunction of the User's terminal or for any compatibility problems between the Application and this terminal.

All reasonable measures are implemented to limit the risk of fraudulent access to PENGYOU & CO.'s systems, in particular through the use of firewalls and network protection equipment. However, absolute network security cannot be guaranteed.

PENGYOU & CO. also declines all responsibility in the event of breakdowns, interruptions, or poor functioning of the services provided by the User's internet access provider, as well as in the event of external events beyond its control and affecting access to the Services.

The User must ensure that they use a secure email address. Despite these precautions, and although this probability remains low, their Account may be exposed to a risk of fraud. PENGYOU & CO. finally draws the User's attention to the exceptional risk of receiving unwanted or fraudulently attributed messages from the Application, and invites them to report any suspicious attempt.

5.2 Illegal behavior and fight against fraud

PENGYOU & CO. is committed to maintaining a safe and trustworthy environment for its Users. As such, a mechanism for the prevention and detection of abusive, fraudulent, or illegal behavior is put in place.

Based on objective and cumulative criteria, PENGYOU & CO. can investigate a User's profile. If abuses, scams, or illegal activities are established, the account concerned may be blocked or deleted.

Prohibited behaviors include, but are not limited to:

  • Any form of fraud or identity theft
  • Any form of aggression or harassment
  • Incitement to violence
  • Any commercial or professional activity
  • Prostitution
  • Dissemination of pornographic content or nudity
  • Violation of intellectual property rights
  • Infringement of personality rights (privacy, image, human dignity, etc.)

PENGYOU & CO. and its partners can in no case be held responsible for illegal acts committed by Users, which may lead to civil or criminal penalties.

To effectively combat these behaviors, the Application uses both artificial intelligence systems (detection of fake profiles and prohibited content) and the intervention of human moderators.

5.3 Moderation and reporting system

PENGYOU & CO. implements active moderation measures to guarantee a safe and respectful space for its Users. Although no general monitoring obligation lies with the company, automated tools and human moderators ensure proactive detection of unlawful or inappropriate content, allowing rapid intervention.

Content relating to serious offenses is particularly targeted, such as:

  • Sexual abuse of minors
  • Violence against women
  • Pornography, nudity, or the dissemination of explicit sexual content
  • Harassment, hate speech, or discriminatory speech
  • Incitement to violence, terrorism, crimes against humanity
  • Promotion of self-harm
  • Promotion of illegal gambling
  • Identity theft

Users also have a reporting system (as indicated in Article 4.6). Any reported content may lead to the blocking or deletion of its author's account. The identity of the User who originated the report remains strictly confidential.

When content may constitute a criminal offense, the User concerned is encouraged to contact the competent authorities directly. The internal reporting procedure in no way replaces an official complaint.

Finally, abuse of the reporting system (unfounded reporting or reporting made in bad faith) constitutes a violation of these T&C and may lead to the blocking or deletion of the offending User's account.

5.4 Disclaimer of liability

The User accesses and uses the Services at their own risk. They are provided “as is” and “as available.” To the extent permitted by applicable law, PENGYOU & CO. excludes any express or implied guarantee, including notably of merchantability, suitability for a particular use, or non-infringement of third-party rights.

PENGYOU & CO. does not guarantee the absence of errors, interruptions, slowdowns, technical faults, or infringement of third-party rights related to the functioning of the Services, nor the absence of incidents attributable to the internet network, access providers, operating systems, browsers, or terminals used by Users. Similarly, it declines all responsibility in the event of deletion, loss, or failure to store content published on the Application.

If PENGYOU & CO. examines reports and takes the necessary measures in the event of illegal activities, it cannot be held responsible for illegal acts committed by Users, particularly in the event of fraud, commercial activity, prostitution, identity theft, violation of intellectual property rights, or infringement of personality rights.

PENGYOU & CO. reminds you that it does not control interactions between Users outside of the Application and declines all responsibility in the event of an incident occurring during physical encounters. No systematic verification of the identity or criminal background of Users is carried out, except in the event of suspicion of fraudulent activity and if the information available allows it.

5.5 Limitation of Liability

To the extent provided by applicable law, PENGYOU & CO. will in no event be held liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages, including, without limitation, any loss of data, loss of income, loss of use, or any other harm related to:

  • The use or inability to use the Services
  • Any error, omission, or inaccuracy contained in the Services, the Application, or the content accessible via it
  • Any unauthorized access or alteration of the User's transmissions or data
  • The statements or conduct of any third party on the Application

Certain jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so all or part of this section may not apply.

5.6 Modification or deletion of the Application

PENGYOU & CO. reserves the right to modify or improve the Application at any time if it deems it useful or necessary. PENGYOU & CO. expressly reserves the right to withdraw the Application from the Stores for any reason whatsoever.

Article 6: Policy on Child Safety and Inappropriate Content

6.1 Protection of children

We are committed to protecting children and offering a safe and appropriate environment for Users of all ages. To comply with child safety standards as defined by the App Store, Google Play, and international requirements, the following measures are applied:

  • Any form of content relating to the sexual exploitation of children (CSAM) is strictly prohibited
  • We apply rigorous verification procedures to detect and prevent the publication of content that is inappropriate or dangerous for children
  • We actively monitor suspicious activities on our platform and collaborate with legal authorities and specialized third-party organizations when necessary

6.2 Reporting and intervention

  • Users can report any inappropriate content or behavior via our integrated reporting tool or by contacting our support team at contact@feels-app.com
  • Reports are processed as quickly as possible. We take immediate measures to resolve problems and, if necessary, disable or delete any reported content

6.3 Guidelines relating to minor users

Users under 18 years of age are not permitted to use our Services.

6.4 Collection and processing of children's data

We do not intentionally collect the personal data of minor users. If we detect that children's data has been collected, it will be deleted.

6.5 Compliance with regulations

We comply with applicable laws and regulations, including, but not limited to, the standards described by the Digital Millennium Copyright Act (DMCA), the COPPA law (Children’s Online Privacy Protection Act), and the policies set out by the App Store and Google Play.

6.6 Penalties for violations

Any violation of these conditions, particularly those relating to child safety, may lead to the blocking or deletion of a User Account, as well as legal proceedings in accordance with the law in force.

6.7 Resources and education

We encourage parents and guardians to use the resources made available by organizations such as the National Center for Missing and Exploited Children (NCMEC) to learn more about the online protection of children.

For any questions or concerns related to these policies, please contact us directly at contact@feels-app.com.

Article 7: Communication with the User

7.1 Push Notifications

The Application may send Push Notifications to the User so that they are informed of important events, such as:

  • A Reaction received from another User
  • During a Good Vibe event or when a new Conversation with another User is created
  • A new Message in a Conversation
  • A message from the Application relating to the User's Account
  • A message from the Application relating to the Services, such as improvements, offers, products, events, and other promotions

The User can at any time adjust their preferences regarding Push Notifications from their Account.

7.2 Emails and SMS

Upon registration on the Application, the User agrees to receive emails, SMS, alerts, and other messages related to the Application and/or the Services, for informational purposes.

The User can unsubscribe or opt out of these communications either by following the specific instructions appearing in these messages, or by sending us a request by email to contact@feels-app.com

7.3 Advertising and promotional messages

PENGYOU & CO. is free to disseminate, publish, and display, via the Application, advertising and/or promotional messages from advertisers and other partners. The User expressly agrees to receive such messages.

Article 8: Termination of contract

8.1 Account Deactivation by the User

The User can, at any time and without notice, deactivate their Account from the Application if they no longer wish to be visible there. This option is accessible from the Profile section, on the “Settings” screen, where they must activate the “Hide my profile” functionality.

Upon deactivation:

  • The User's Profile will no longer be offered to other Users in the future and will remain only accessible to Users already in contact with the User in question
  • Legal data retention obligations remain unchanged

8.2 Account Disconnection

The User can disconnect from their Account at any time and without notice via the Application. This option is accessible from the Profile section, on the “Settings” screen, where they must choose “Disconnect”.

Upon disconnection:

  • The User's Profile remains visible to other Users
  • After a period of one (1) year without reconnection, the User will have to proceed with a new registration under the same conditions as a first registration
  • Account disconnection does not lead to the cancellation of a current Subscription

8.3 Uninstallation of the Application

The User can uninstall the Application from their device at any time and without notice.

Uninstallation results in the following effects:

  • Access to the Application is no longer possible until it is installed again
  • The Account is not deleted and the Profile remains visible or deactivated, depending on the status of the Profile at the time of uninstallation
  • Legal data retention obligations remain unchanged
  • After a period of one (1) year without reinstallation and reconnection, the User will have to proceed with a new registration under the same conditions as a first registration
  • Uninstallation of the Application does not lead to the cancellation of a current Subscription

8.4 Account Deletion by the User

The User can permanently delete their Account at any time and without notice from the Application, via the Profile section, on the “Settings” screen, where they must choose “Delete my account.” The User can also make this request by email to contact@feels-app.com.

Consequences of deletion:

  • The User's Profile is rendered permanently and instantly deactivated and deleted
  • Purchased DMs, Boosts, or other credits are lost, with no possibility of refund
  • Data linked to the Account is retained for a period of one (1) year in accordance with PENGYOU & CO.'s legal obligations, then definitively deleted at the end of this period, according to the terms described in the Privacy Policy
  • Account deletion does not automatically lead to the cancellation of Feels Infinity or Feels Fastpass Subscriptions. The User must terminate their Subscriptions directly via the management settings of the App Store or the Play Store
  • Deletion is final: any new use of the Application requires new registration

8.5 Blocking or Deletion of the Account in case of breach of the T&C

In the event of suspicion of breach of the T&C and in particular the User's obligations and responsibilities (defined in Article 4), the User's Account may be temporarily blocked to allow PENGYOU & CO. to carry out the necessary checks.

In this context, PENGYOU & CO. may ask the User to provide additional information intended to confirm their identity and compliance with Article 4 of the T&C, such as (non-exhaustive list): telephone number, email address, information and/or content visible on the User's Profile concerned.

In the event of confirmation of a breach, the Account may be deleted automatically and the User banned from the Application.

In all cases, Account deletion entails the same consequences as those described in Article 8.4 above.

8.6 Deletion of inactive Accounts

Any Account that has remained inactive for a continuous period of one (1) year is likely to be deleted.

An Account is considered inactive if:

  • The Application has not established a connection with Feels servers, and
  • The User has not logged into their Account

In this case, the User is informed of the planned deletion of their Account at least thirty (30) days before its execution, by push notification, email, or SMS.

Deletion entails:

  • The same consequences as those provided for in Article 8.4
  • Retention of Account data for a period of one (1) year with regard to PENGYOU & CO.'s legal obligations, then its definitive deletion

Article 9: Protection of personal data

PENGYOU & CO. attaches particular importance to the protection of its Users' personal data and the respect of their private life.

The complete procedures for the collection, processing, and retention of personal data are described in Feels' Privacy Policy.

This Policy is accessible at any time:

  • Via the link: https://www.feels-app.com/feels-privacy-policy
  • From the Feels website
  • On the download Stores
  • As well as directly in the Application, Profile section > “Settings” screen > Privacy Policy

Article 10: Intellectual Property

The Feels brand, as well as all distinctive signs, logos, slogans, and other associated elements, are the exclusive property of PENGYOU & CO. and are subject to national and international protections. Any use, reproduction, modification, or deletion of these elements without the prior written authorization of PENGYOU & CO. is strictly prohibited and exposes the author to prosecution.

In general, PENGYOU & CO. is the exclusive holder of all intellectual property rights relating to the Services and their components, including – without limitation –: trademarks, logos, graphics, animations, videos, images, texts, data, databases, software, source codes, and all other content disseminated within the Application.

PENGYOU & CO. grants the User, for the whole world and for the entire duration of these T&C, a personal, free, non-exclusive, and non-transferable license to access and use the Services, strictly for private use and in accordance with their purpose. This license does not involve any transfer of intellectual property rights. Any reproduction, representation, distribution, exploitation, or derivation of the elements of the Services without authorization is prohibited and liable to prosecution, particularly for infringement.

The User remains the owner of the content and personal data they provide.

The User guarantees PENGYOU & CO. against any legal action, recourse, or conviction pronounced against it originating from the User's violation of any intellectual property rights or personality rights of third parties. The User guarantees PENGYOU & CO. against all claims or damages such as, but not limited to, claims for compensation that may result therefrom.

Article 11: Infringement, Unfair Competition, and Parasitism

It is strictly forbidden to design a product similar to the Application, to develop a derivative version, or more broadly to engage in acts of parasitism, imitation, disparagement, unfair competition, or infringement. In such a hypothesis, PENGYOU & CO. reserves the right to sue the User in order to obtain full compensation for the damage suffered.

Furthermore, the User is exposed to heavy legal penalties if they attempt or manage to grant licenses or sub-licenses, sell, resell, transfer, assign, distribute, or commercially exploit the Services or the Application in any manner whatsoever, or make them available to third parties.

Article 12: Scope of Application

These T&C frame the access and use of the Feels Application, as well as all associated websites, content, services, functionalities, and products (together referred to as the “Services”).

By accessing or using the Services, the User acknowledges having read these T&C and undertakes to comply with them. The User also confirms having read and accepted the Privacy Policy and the Cookie Policy, which supplement these conditions.

12.1 Conflict of Standards

These T&C constitute the main contractual framework governing the use of the Services. They are supplemented by the additional policies and charters mentioned above, intended to specify certain specific rules.

In the event of contradiction between the T&C and these complementary documents, the provisions of these T&C will prevail, unless mandatory legal provisions dictate otherwise.

12.2 Autonomy of Stipulations – Partial Nullity

If a provision of these T&C were to be declared null, inapplicable, or unwritten pursuant to a law, regulation, or final judicial decision, only this provision will be deemed discarded, without affecting the validity and binding force of the other stipulations.

However, if the deletion of this provision had the effect of distorting the general economy of the T&C or creating a significant imbalance between the rights and obligations of the parties, all of the T&C could then be considered null.

Article 13: Applicable Law and Dispute Resolution

13.1 Applicable Law

To the extent permitted by law, these Conditions are governed by French law and interpreted in the French language.

13.2 Dispute Resolution and Competent Jurisdiction

If the User is not satisfied with our Services or in the event of a dispute, please primarily contact the Feels Customer Service at the email contact@feels-app.com so that we can try to resolve your problem amicably, without external recourse.

In such a context, these conditions will apply.

If no solution is found, the User is informed that they can have free recourse to a mediation service and submit their complaint via the online dispute resolution platform made available by the European Commission at the following address: https://consumer-redress.ec.europa.eu/index_en.

Article 14: Modification of the T&C

14.1 Update

PENGYOU & CO. reserves the right, at any time and unilaterally, to supplement or modify these T&C if it deems it necessary or useful, notably in order to adapt them to changes in the Application, legislation, or the Services.

PENGYOU & CO. also reserves the possibility of terminating the Services.

The User will be informed within a reasonable time of the posting of each new version of the T&C via the Application and must express their express, unconditional, and unreserved acceptance of the modified version. Continued use of the Services after the posting of the updated T&C constitutes unreserved acceptance of these modifications.

It is the User's responsibility to carefully read each update and to become fully aware of the modifications it entails.

In the event of disagreement with the new T&C, the User may terminate the use of the Services and delete their Account in accordance with Article 8.4 of these T&C.

14.2 Immediate Application

Any new version of the T&C is immediately applicable to Users.

Article 15: Contact

PENGYOU & CO. can be contacted by mail at the following address:

9 place du Maréchal Leclerc
89000 Auxerre
France

The User can also contact PENGYOU & CO. by email at: contact@feels-app.com

Article 16: Confidentiality Clause

Neither PENGYOU & CO. nor the User are authorized to disclose information relating to the contract binding them in the event of a dispute. Each party undertakes to respect an obligation of confidentiality and to favor confidential resolution of disputes before any public communication or disclosure of sensitive information.

Date of update of the T&C: February 3rd, 2026