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Purpose of the Terms of Use and the Application
The purpose of these general terms and conditions (hereinafter the "Terms of Use") is to govern the conditions of access to the "AMATA" dating application (hereinafter the "Application") implemented by WINGMATE (hereinafter the "Company"), as well as the rights and obligations of any person using the Application (hereinafter the "User(s)").
The Application is a mobile application that offers a dating service for strictly personal purposes (hereinafter "the Service") using an artificial intelligence tool (hereinafter "AI").
Acceptance of the Terms of Use by the User
By registering to the App according to the details described in article 2, and by using all or part of the Application, the User indicates his unreserved acceptance of these Terms of Use, which constitute a contract between the Company and the User. The latest version of the Terms of Use is always available on the Application.
If the User refuses to be contractually bound by these Terms of Use, he must not finalize his registration and, in any case, use all or part of the Application and its Service, as set out above.
The User is therefore requested to read these Terms of Use carefully before visiting the Application and/or using the services offered therein.
Modification of the Terms of Use
The Company reserves the right to modify and update the present Terms of Use at any time and without prior notice in the light of changes to the Application and/or changes to the applicable regulations in force.
Consequently, it is the User's responsibility to consult these Terms of Use regularly. Any use of all or part of the Application following modifications to these Terms of Use will constitute acceptance by the User of these modifications.
The User is therefore requested to consult these Terms of Use regularly when using the Application.
Last update: January 25th, 2024
Prior and compulsory registration for access to the Service
In order to use the Application and benefit from the Service, the User must have a smartphone, Internet access and a personal account (referred to as "the Account"). Access to the Application is subject to the conditions described in these Terms of Use. Any costs associated with connection to the Application and use of the Service, as invoiced by access providers or telephone operators, remain the sole responsibility of the User.
Access to and use of the Application implies that the User has first read and accepted these Terms of Use without reservation before registering.
The User must be a natural person who has reached the age of 18 and, if applicable, have parental authority if required by the country where you use the Application.
Given the nature and purpose of the Application, the User undertakes to use the Service for strictly personal purposes only, to the exclusion of any commercial use whatsoever or, more generally, any use contrary to its purpose. This is an essential and determining condition of these Terms of Use.
Any registration not complying with this condition may be cancelled immediately and without notice.
In order to create an Account and benefit from the Service offered by the Application, the User must register directly using the form available on the Application, by filling in the registration form, validating it and accepting the Terms of Use. The User will then be asked to provide certain information to enable the Application to function properly, and in particular to offer the best possible Service. In order to confirm the User's identity, and in particular to ensure that the Account is being used on his or her smartphone, the User will be asked to provide contact details (telephone number and/or email address), to which an identification code can be sent.
The Company reserves the right either not to create the User's Account if any of the required information is not provided or if the User has not accepted the Terms of Use, or to delete the Account without notice if any of the aforementioned requirements are subsequently found not to have been met.
When using the Application at a later date, the User can access his/her Account by entering his/her email address and password.
The User undertakes to create only one Account, the Company reserving the right to delete any additional account created by the same User.
The User whose Account has been deleted is prohibited from creating a new Account. The Company reserves the right to delete any Account created́ in violation of the present prohibition or more generally of the present Terms of Use.
Accuracy of information provided by the User
The User guarantees that the information the User provides, directly or indirectly, is accurate, up-to-date and complete concerning his/her identity and contact details. In particular, the User undertakes to ensure that the User is the owner of the e-mail address communicated as part of his/her registration, that it is valid and that the User consults it regularly. The User also undertakes to update the information communicated on his Account as soon as any of it is modified, in order to maintain the accuracy of the information.
The User undertakes to regularly update all information relating to his/her profile, in order to maintain its accuracy, and in his/her own interest, given the purpose of the Service. Users may modify their personal data at any time by logging directly into their Account. In addition to the information provided at registration, the User understands that, due to the nature of the Service, the User may communicate other personal information in the course of exchanges with the AI, in order to optimize the matchmaking process and to benefit from the best possible Service, under the conditions described in article 3.2.3 of these Terms of Service.
The Company reserves the right to verify compliance with these Terms of Use and, in this respect, to request from the User all information and verifications necessary to attest to the accuracy of the information provided by the User.
In the event that it is suspected for legitimate or proven reasons that the User has provided false, inaccurate, out-of-date or incomplete data, the Company shall be entitled to suspend or terminate these Terms of Use and his Account and to refuse him future access to all or part of the Service.
Under no circumstances may the Company be held liable for any error, omission or inaccuracy in the information provided by the User under his or her responsibility.
User Account Identifiers
The User's identifier and password enabling him/her to access the Account and its data are strictly confidential and personal.
The User is solely responsible for any use that may be made of his/her Account. The User undertakes to inform the Company immediately of any unauthorized use or any breach of confidentiality or security of his/her identification data.
The User undertakes to inform the Company immediately of any use or risk of unauthorized use of his Account, and of any breach of confidentiality or security of his means of identification, using the contact form available on the Application.
If the Company has legitimate reason to believe that the security of the Service is being violated or that it is being misused due to unauthorized use of the User's means of identification, it may temporarily suspend the Account in order to preserve the integrity of the Application and the data, and, if deemed appropriate, require the modification of these means of identification.
Insofar as the User's means of identification come into the hands of third parties through the User's fault or as a result of the User's actions, the User shall be solely responsible for any use of these means of identification and for any use of the Service made as a result.
Service description
The purpose of the Service is to put Users in contact with each other for personal and dating purposes. As such, the User interacts with the AI in order to enable the AI to refine its knowledge of the User and to introduce the User to other Users for whom such a matchmaking appears relevant.
As such, the Service constitutes an AI exchange service with one or more Users in the event of a match.
Good conduct of the User in the use of the Application and AI
The User declares and acknowledges that the User is solely responsible for the Use of the Application and the messages the User sends in the context of his/her use of the Service and makes accessible to other Users. The User assumes full responsibility for the content the User places online, ensuring that it complies with current regulations and morality and does not infringe the rights of third parties.
The User undertakes in particular to ensure that his conduct within the Application complies with the principles described above and in particular that the content and messages:
in no way infringe the rights that third parties, individuals or legal entities, may hold, particularly in terms of intellectual property (including but not limited to copyright and related rights, rights to registered and/or well-known trademarks, etc.);
in no way infringe the image rights, privacy and intimacy of third parties, whether natural persons or legal entities;
are not messages (i) likely to constitute or which constitute so-called "press" offences under the French law of July 29th, 1881 on freedom of the press (such as, in particular, insulting, defamatory or racist), (ii) offensive to public decency, (iii) of a violent or pornographic nature or subject to restrictions linked to the age of the public authorized to view them, (iv) likely by their nature to undermine respect for the human person and its dignity, equality between women and men, the protection of children and adolescents (v) or more generally, contrary to the regulations in force, good morals;
under no circumstances encourage the commission of crimes and/or offences or incite the consumption of prohibited substances, incite discrimination, hatred or violence;
do not contain viruses or programs of any kind that may cause damage to persons or property;
do not contain hypertext links to sites that do not comply with current regulations or are likely to harm the interests or image of the Company
do not constitute unsolicited messages of an advertising nature (e.g. SPAMS), provide advertising on the Application's expression spaces, or in any way encourage or offer products or services, with or without financial consideration. Similarly, Users undertake not to use any robot, spider, collector, search or extraction application designed to obtain all or part of the information available on the Application. Moreover, given the nature of the Service, Users undertake not to use any tool, technique or, more generally, perform any operation intended to divert, bypass or alter in any way whatsoever the AI from its initial function, in particular by means of "prompt injection" operations ;
do not constitute messages inviting the organization of public gatherings of any kind (demonstrations, meetings, etc.);
be respectful of other Users, in particular by refraining from any message of any kind whatsoever of a sexual nature or which would be contrary to their expressed wishes,
The User understands and acknowledges that the Service uses an AI whose objective is to provide the most appropriate user experience with respect to its Users and, in particular, to put them in contact with each other.
As such, the Service requires the User to ensure the sincerity and veracity of the information the User communicates within the Application, in order to be taken into account by the AI. Failing this, the User understands and acknowledges that the relevance of the Service provided may be altered.
Consequently, and in addition to the behavioral commitments that the User undertakes to make when using the Application, the User undertakes in particular to make appropriate use of the Service and AI, in particular by providing relevant, real and accurate information. In particular, the User undertakes to be the author of all content made available on the Application, and in particular not to use another artificial intelligence service to write content for him/her or to use any tool designed to divert its function.
In particular, the User undertakes to use the AI in good faith when operating the Service, and in particular not to provide any information that would result, whether intentionally or not, in distorting the operation of the AI, in particular by means of false declarations, and therefore to allow contact to be made with other Users under conditions contrary to these Terms of use and, more generally, contrary to the purpose of the Service.
Messages accessed by AI
The User understands and acknowledges that due to the very nature of the Service, all messages sent by the User in the course of using the Service are visible to AI, including in the event of contact with another User, and that AI analyzes all messages for the purposes of :
enable the User to benefit from the most suitable experience possible, as described in particular in these Terms of Use;
allow the Company to test its AI in order to improve its operation and relevance in the interest of the provision of the Service and of all other users.
In this respect, the User understands and acknowledges that the Application does not in any way offer a messaging service ensuring the confidentiality of exchanges, as the Company, through its AI, is likely to become aware of them.
The User therefore undertakes not to transmit any confidential information via the Application, in particular any banking, medical, political or religious information, or any information likely to be considered as sensitive data.
Should Users wish to exchange private correspondence, they are invited to use another technical means of their choice.
Under no circumstances shall IA's acknowledgement of messages transmitted by a User constitute validation or agreement of any kind whatsoever as to the content of the messages, which are drafted under the User's sole control and responsibility, and shall not entail any obligation on the part of the Company as to any follow-up action that may be taken.
Safety and security
Due to the nature of the Service, the User may interact with other Users on the basis of information provided by all Users.
Despite its best efforts to provide the best possible Service, in particular by ensuring that Users agree to the terms and conditions of their use of the Application, the Company has no control over the information transmitted.
The User is invited to take all necessary precautions to guarantee his security and to avoid any interaction, within or outside the Application, which might in any way harm him or any third party.
Users are solely responsible for all content transmitted to other Users directly or that AI communicates to other Users on the basis of information provided by a User.
Moreover, the User understands and acknowledges that the Service is provided by means of an artificial intelligence tool whose operation is proposed exclusively on the basis of information sent by other Users. In this respect, the User understands and acknowledges that the User is the sole master and decision-maker of his/her decisions in the context of the interactions he/she undertakes with other Users, including when the connections have been made via the Service. In this respect, the User understands and acknowledges that connections are made on the basis of suggestions, and that the User remains solely responsible for deciding at any time whether or not to pursue them, and that it is the User's responsibility to decide in full knowledge of the facts how to use the Service, independently of the AI's suggestions, whose technical operation remains limited and cannot in any way take precedence over the decisions made by the User.
The Company is the owner of all intellectual property rights (i) on the Content that it puts online and produces on the Application by itself (in particular these Terms of Use as well as the notices relating to the protection of users' personal data) or by its partners (and in particular by third-party content providers and advertisers), (ii) the distinctive signs of the Company (in particular brands, logos, etc.) and (iii) any software used on the Application (hereinafter the "Properties").
The Contract does not transfer ownership of any kind to the User.
It is therefore forbidden to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sub-license, give as security, transmit in any other way the elements of the Application or to carry out reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Application and/or AI, without the express authorization of the Company or the holder of the rights.
User liability
The User undertakes to use the Service exclusively for personal purposes. He also undertakes not to allow third parties to access the Service via the User's personal Account. In this respect, any unauthorized use of the results of the Services by any third party will be considered as misuse of the Application and fraudulent exploitation of the Services.
The User undertakes to cooperate with the Company to enable it to perform its obligations under the Terms of Service. In particular, the User undertakes to notify the Company of any malfunction affecting the Application as soon as possible, and to provide the Company with all information enabling it to reproduce the malfunction and thus facilitate its correction.
Company liability
The Application provides a platform for offering the Service described in these Terms of Use and, in particular, for enabling contact to be made via an AI. In this respect, the User understands and acknowledges that the proper provision of the Service depends on the information the User communicates when using the Application.
The User understands and acknowledges that despite the efforts made by the Company to ensure its proper operation, the Application is provided "as is" and the Company provides no warranty other than those expressly provided for in these Terms of Use.
The Company shall not be liable for any fraudulent use, in particular as a result of violation of the regulations in force and/or the present Terms of Use, which may be made by any User or, more generally, by any third party, of the information, any content found on the Application or of its functionalities. The User understands and acknowledges that he/she remains the sole master of the decisions he/she makes via the Application, particularly in the context of other interactions with other Users. Under no circumstances, given the applicable technical constraints, shall the use of AI to establish contact prevent the User from taking any measures that it is deemed necessary when using the Service. Furthermore, the Company shall not be held liable in the event of non-performance attributable to force majeure.
The Company may not be held liable, in particular, for the loss of data or information stored on the Application, nor for any indirect loss or damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the Application.
The Company declines all responsibility for any errors, inaccuracies or omissions contained in the information feeds. The Company shall not be held liable in the event of force majeure or any other event beyond its control, in particular in the event of interruption of the Application and/or all or part of the services resulting from a failure of the User's telephone network or Internet access provider.
In view of the technical, computer and telecommunication constraints involved in using the Application, the Company may not be held liable for any damage caused by temporary unavailability or malfunction, not exclusively attributable to the Company, of one or more of the stages of access to the Application and/or the Service offered, due in particular to the inconveniences inherent in the use of the Internet network, such as disruption of service, external intrusion, presence of computer viruses or malfunction of any kind whatsoever.
If the Company has legitimate reason to believe that the security of the Application has been compromised or that misuse of the Services is due to unauthorized use of the User's identification data, the Company may temporarily deactivate the User's Account in order to preserve the integrity of the Application and the User's Account data. The User agrees to cooperate with the Company and in particular to modify his identification data.
The User undertakes to use the Application in accordance with its purpose and not to carry out any illegal, unfair, dishonest or fraudulent action of any kind whatsoever.
Without prejudice to the exclusions of the Company's liability set out in the Contract, the Company may only be held liable for direct, real, foreseeable and certain prejudice suffered by the User, provided that the User proves that the Company's contractual fault is the direct cause of the prejudice. Subject to any applicable regulations, the Company's liability shall not exceed 1,000 euros for use of the Service by the User.
In addition, the Company shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses arising from the present contract.
Responsibility for hosting Service
Where the Application is limited to the role of hosting content and making it accessible to Users without carrying out an a priori control or moderation procedure, the Company will be subject to the reduced liability regime for hosts provided for in articles 6.I.2. et seq. of French law no. 2004-575 of June 21st, 2004 for confidence in the digital economy and article 93-3 of the French law of July 29th, 1982 in their current versions.
The Company therefore accepts no responsibility and gives no warranty, express or implied, in respect of such content.
The Application is not required to exercise any control over the quality, lawfulness, veracity or accuracy of the content published. Nevertheless, if the User transmits or publishes content on the Application that is illicit or manifestly illicit, as soon as the Company becomes aware of it, the Company reserves the right to delete it in accordance with the conditions laid down by the regulations in force, without prior notice or compensation, and without prejudice to any other right that the Company may invoke.
The Company reserves the right at any time to modify or interrupt the Application or all or part of the Services following prior notification by any means. The Company shall not be held liable for any interruptions or modifications to the Application and Services, and Users are responsible for taking all necessary precautions to preserve the Content they publish on the Application.
Proof agreement
In order to facilitate their exchanges, Users accept that the Company's computer systems and files will be considered as proof between them unless the Company provides proof to the contrary of at least identical value.
Consequently, the computer files and registers stored in the computer systems operated by the Company or on its behalf with reasonable security and reliability, may be validly used and produced as proof of the execution of these Terms of Use, and more generally of any event, communication or relationship occurring between the Parties in connection with the use of the Application.
Thus, the Company may validly produce in any proceedings, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on any digital or analog media, and rely on them, except in the case of obvious error.
Users are required to communicate their personal data to the Company when using the Application (opening an Account, interacting with the AI and other Users, etc.). The Company undertakes to comply with the regulations applicable to personal data, and in particular with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended.
For more information on the conditions under which Users' personal data is processed and the rights they have in this respect, Users are invited to consult the notices relating to the protection of their personal data, detailed in the notices relating to the protection of Users' personal data [Put a link to the Privacy Policy].
Contract duration
These Terms of Use are subscribed to for an indefinite period from the date of their first acceptance by the User under the conditions described in article 1.
Termination of relations by the Company
The Company may immediately suspend access to the Application and the Service in the event of non-compliance with these Terms of Use by the User. In such a case, the Company will notify the User of the suspension by e-mail, and will give the User formal notice to cease the violation.
At the end of a period of eight (8) days from the date of such notification which has remained without effect, the Company may automatically terminate the contractual relationship with the User, without formality and without prejudice to any damages it may claim as compensation for the loss resulting for it from this situation. Such termination may be effected without notice in the event of a serious breach by the User of its obligations under the present Terms of Use, as notably referred to in article 7.3.
The Company reserves the right to deactivate the User's Account after a period of total inactivity equal to or above twelve (12) months.
Finally, and in general, the Company may terminate any Account by electronic notification subject to one (1) week's notice.
Termination of relations by the User
The User may terminate these Terms of Use at any time by following the procedure provided for this purpose on the Application.
Within forty-eight (48) hours of such de-registration, which implies termination of the contractual relationship with the User, all or part of the User's data may be deleted from the Company's databases and the User will no longer have access to the Application or the Service, with the exception of data which the Company is required by law to retain, or under the conditions set out in the Privacy Policy.
In the event of the User's death, and upon production of the relevant supporting documents, the Account will be deactivated. The contents of the Account may only be transferred to heirs by court order or under the conditions described in the Privacy Policy.
The Contract is governed by French law, without prejudice to applicable conflict of law rules.
In accordance with article L.152-1 of the French Consumer Code, the User is offered free recourse to a mediator with a view to amicably resolving any dispute between him/her and the Company. The User is invited to contact the Company to inform it of his request, so that the Company can inform him of the precise conditions of such a request for recourse to this mediation procedure. The User may also use the dispute resolution platform set up by the European Commission at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
In the event of failure or refusal of mediation as referred to in article 8.2, any legal action shall fall within the exclusive jurisdiction of the French courts, without prejudice to the applicable conflict of law rules.