TERMS AND CONDITIONS OF USE

PREAMBLE
The company NAMI DATING (hereinafter referred to as the “Company”) operates a mobile application named “NAMI DATING” (hereinafter the “Application”), which aims to provide matchmaking services between individuals who share similar interests or intentions, whether for casual encounters, non-committal relationships, or long-term connections (hereinafter the “User”).
The Application is available for download via the App Store and Google Play.
These terms and conditions of use (hereinafter the “Terms”) are intended to define the features, terms, and conditions of access to and use of the Application, as well as the rights and obligations of Users.

1. DESCRIPTION OF SERVICES
The Application provides Users with a platform for connecting and interacting with other Users who share a mutual interest, on a personal and voluntary basis.
The purpose of the Services is to facilitate contact and interaction between Users with a view to personal encounters.
The Services offered by the Application are intended solely for personal and private use. They shall in no way be construed as constituting any activity of counselling, mediation, or matrimonial agency.
The Company does not guarantee any particular outcome or actual meeting, and does not intervene in exchanges between Users, which occur at their sole initiative and under their own responsibility.

2. CONDITIONS OF ACCESS TO THE SERVICES
In order to access the Services, the User must meet the following conditions:

These conditions are declarative in nature; the Company does not conduct prior checks on Users’ compliance.
By registering with the Application, the User acknowledges sole responsibility for the accuracy and truthfulness of the information provided upon account creation.
Any breach of the aforementioned obligations constitutes a material breach of these Terms and may result in immediate termination of the account without notice.

3. ACCOUNT CREATION
Access to the Services offered via the Application requires the prior creation of a personal account.
To this end, the User must provide a valid email address and choose a personal and confidential password.
The User undertakes to provide accurate and truthful information, particularly regarding age.
Once the account is activated, the User may complete their profile, including selecting a username and entering any other required information.

Creating an account, whether free or paid, grants access to:

The User accesses their account using the same login credentials entered during account creation.
The User is solely responsible for the safekeeping, use and confidentiality of their login credentials, and undertakes not to share them with any third party.
The User acknowledges that any connection to their account or data transmission from said account will be deemed to have been performed by them.

4. ACCOUNT VERIFICATION
The Company offers Users, upon request, a profile verification service.
This process is intended to confirm that the photos published correspond to the person using the account.
Once successfully verified, the User will receive a blue badge displayed on their profile, visible to other Users.

5. SUBSCRIPTIONS AND FINANCIAL TERMS
Subscription durations are, at the User’s discretion:

Unless cancelled prior to the end of the current subscription period, the subscription shall be automatically renewed for a further term equal to the initial one.
Cancellation must be initiated by the User directly via the Store through which the Application was downloaded.
All subscription prices are inclusive of all taxes and indicated within the Application.
The applicable VAT rate is that in force on the day the Services are subscribed to and is subject to change.
Payments are processed via the App Store or Google Play Store.
As all paid Services are purchased via these platforms, Users must direct any queries relating to purchases or refunds to their respective support services.
Unless revoked by the User, a subscription shall automatically renew at the end of each term for a further identical period.

5.1 For accounts created by users identifying as female or couples
The following features are free of charge for female profiles and couple profiles:

Female profiles may subscribe to a “QUEEN” plan, which grants access to the following premium features:

5.2 For accounts created by users identifying as male
Male profiles have free access to:

Male profiles may subscribe to a “GOLD” plan, which grants access to:

Alternatively, male profiles may subscribe to the “KING” plan, which includes:

5.3 Pearls and Tokens
“Pearls” enable a User to initiate a conversation with another User even without a prior “match.”
“Tokens” enable a User to continue a conversation beyond the limitations applicable to non-subscribed profiles.
Pearls and Tokens remain valid indefinitely, provided the User complies with these Terms.
In the event of account deletion for any reason, any unused Pearls or Tokens will be forfeited, and no refund shall be issued.

6. RIGHT OF WITHDRAWAL

In accordance with the provisions of the French Consumer Code, the User has a period of 14 (FOURTEEN) business days from the delivery date of their order to request a refund from the App Store or Google Store for any unused Paid Services.

Since Boosts and Subscriptions are payable through the App Store and Google Store, the User must exercise their right of withdrawal by informing the latter of their decision to withdraw by sending a withdrawal form or any other unambiguous statement expressing their wish to withdraw.

7. USER COMMITMENTS

7.1 Personal Use of the Application

The User agrees to use the Application solely for personal purposes. The Application may not be used for commercial or promotional purposes, nor for the purpose of organizing gatherings or demonstrations.

7.2 Commitments regarding the use of the Application

The User agrees not to publish or disseminate content that is illegal, harmful to minors, violent, or degrading, or that violates the rights of third parties or the personal data of third parties without their consent.

The User is expressly prohibited from making abusive, defamatory, hateful, sexist, racist, homophobic, or discriminatory comments against other Users.

The User agrees not to harass, threaten, intimidate, or annoy other Users in any way whatsoever.

The User shall refrain from any attempt to circumvent the moderation rules implemented by the Company. The Application must not be used for purposes other than those provided for in these Terms of Use,

including fraudulent purposes, by disseminating content related to scams, or any other activity that diverts the purpose of the Application.

The User is prohibited from copying or using the content of other Users.

The User is responsible for their own content and their interactions with other Users.

7.3 Breaches of Commitments

Any breach of the aforementioned obligations constitutes a serious breach of these Terms of Use, which may result in the deletion of the Account in accordance with Article 10 of these Terms of Use.

8. DISCONNECTING AND UNINSTALLING THE APPLICATION

The User may log out of their Account or uninstall the Application at any time.

The Account remains visible to other Users.

Disconnecting or uninstalling does not terminate the subscription.

9. RESTRICTION OF ACCESS TO SERVICES

9.1 Reporting by another User

Any content that does not comply with these Terms of Use may be reported by a User.

The User who is the subject of a report is not informed of the identity of the User who made the report.

The report is made directly via the Application using the dedicated function.

Each report is processed as quickly as possible by the Company, which reserves the right to suspend or delete the Account of the User who has been the subject of a report. Any abusive or malicious use of this feature may also result in the suspension of the author's Account.

In accordance with Article 6-I-4 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, reporting content or activity to the Company as illegal, with the aim of obtaining its removal or ceasing its dissemination, while knowing this information to be inaccurate, is punishable by a one-year prison sentence and a fine of €15,000.00.

9.2 Blocking by another User

The Application allows each User to block one or more other Users with whom they no longer wish to be connected or communicate.

Blocking results in the removal of any possibility of interaction between the Users concerned, including sending messages or viewing their profiles. This blocking is discretionary and may be exercised at any time, without justification, via the

functionalities provided for this purpose within the Application.

9.3 Account Suspension

The Company reserves the right to temporarily suspend access to any User's Account in the event of suspected non-compliance with these Terms of Use or in the event of serious and repeated reports from other Users.

The purpose of this suspension is to allow the Company to carry out any necessary verifications

regarding any possible violation of the Terms of Use.

Account suspension temporarily blocks the User's access to the Application, without deleting their data.

The User will be informed of the suspension as soon as possible, upon their express request by email to contact@nami-dating.com.

The duration of the suspension is at the Company's discretion, depending on the seriousness of the facts and the context. The Company reserves the right to lift the suspension, extend it, or permanently delete the Account in accordance with Article 7 of the T&Cs.

10. ACCOUNT DELETION

10.1 Deletion Procedures

The Account may be deleted:

- at the User's initiative. The User may delete their Account at any time via the Application settings, without reason or notice,

- at the Company's initiative in the event of a serious or repeated breach of these T&Cs.

The Account is deleted without reason or notice. The Company will inform the User at the time of deletion.

10.2 Effects of Deletion

Deletion of the Account at the User's initiative results in the loss of access to the Services until the User creates a new Account.

The User's profile is immediately deleted and made invisible to other Users. The User's data is permanently deleted, subject to applicable legal retention obligations.

Deletion of the Account at the Company's initiative does not result in termination of the Agreement.

Deletion of an account, for any reason whatsoever, does not give rise to any full or partial refund for the period already started.

Similarly, Pearls and Tokens purchased by the User are non-refundable under any circumstances.

11. LIABILITY

11.1 Company's Liability as Host

The Company is a content host within the meaning of the Digital Services Act. As such, it is not bound by any obligation to monitor or moderate Content disseminated via private messages or in the public section of the Application. Notwithstanding, and in order to improve the quality of its services, the Company reserves the right to exercise a priori moderation of publicly accessible content (biographies, profile photos, etc.) without this constituting a general obligation on its part to

moderate content a priori. The Company therefore makes its best efforts to ensure rapid and effective moderation via an algorithmic filter accompanied by human verification when necessary.

The Company does not control a priori the content published by Users.

The Company does not control the content published by Users a priori and only exercises control in the event that published content is reported.

The Company cannot be held responsible for the comments, images, videos, or any other content

distributed by Users on the Application.

As such, it draws Users' attention to the risks associated with the distribution of textual or photographic content that may reveal sensitive data, including sexual or intimate information.

The User assumes full responsibility for the distribution of such content on the Application.

The Company has implemented an anti-screenshot algorithm; however, it cannot be held responsible for the capture of a photo, of any kind, including through another telephone or camera device.

The Company declines all responsibility for the veracity, legality, or relevance of the shared content. Likewise, the Company declines all responsibility for the use that other Users may make of the data freely communicated on the Application.

11.2 Availability and Proper Functioning of Services

The Company makes every effort to ensure continuous access to the Services and the proper functioning of the Application.

However, access may be temporarily suspended without notice in the event of force majeure, events beyond its control, or for technical reasons related to the maintenance, updating, or development of the Application.

The User remains solely responsible for their use of the Application, the security of their equipment, and the protection of their data. It is their responsibility to take the necessary precautions to prevent any damage to their computer system.

The Company cannot be held responsible for the use that other Users may make of the information freely communicated by a User on the Application. 

11.3 Relationships between Users

The Company does not guarantee the success of connections or the compatibility between Users.

The Company does not intervene at any time in the conduct of messaging or physical meetings between Users, which are the sole responsibility of the persons concerned.

More generally, since no background checks or verifications are performed, the Company cannot be held responsible for the conduct of Users, nor for any actions, incidents, or damages that may occur during meetings organized outside of the Application.

12. MODIFICATION OR DELETION OF THE APPLICATION

The Company reserves the right to modify or improve the Application at any time if it deems it useful or necessary. The Company expressly reserves the right to withdraw the Application for any reason whatsoever, subject to providing reasonable notice to the User, and to refund any unused Paid Services.

13. INTELLECTUAL PROPERTY

13.1 Company Intellectual Property

All intellectual property rights relating to the Application, its software, databases, user interface, texts, images, whether animated or not, photographs, sounds, and any other elements comprising the Application, remain the exclusive property of the Company.

The logos, graphic and textual elements, photos, videos, and slogans are also the exclusive intellectual property of the Company. Any exploitation, whether commercial or non-commercial, including any copying, reproduction, distribution, transmission, dissemination, adaptation, translation, or representation, in whole or in part, of these elements, by any means or process, whether current or future, on any medium, whether current or future, without the prior written authorization of the Company is prohibited and may give rise to legal action.

13.2 User License Granted to the User

The Company grants the user a personal, non-exclusive, non-transferable, non-assignable, worldwide license, revocable at any time, to use the Services for the duration of the Account.

Any other use by the user is prohibited without the Company's authorization.

The user is specifically prohibited from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting, or distributing in any way the Services, the pages of the Application, or the computer code of the elements comprising the Services and the Application. 

13.3 License to Content Published by the User

To provide and improve the Services, the User grants the Company a royalty-free, transferable, worldwide license to the intellectual property rights associated with the Content they publish on the Application.

This license allows the Company to host, use, copy, distribute, perform, translate, modify, and create derivative works, in whole or in part.

This license terminates upon deletion of the Account.

14. MISCELLANEOUS PROVISIONS

14.1 Proof

The User agrees to enter into the contract electronically. The Parties acknowledge that an electronic or digital signature has the same value as a handwritten signature. 14.2 Nullity

If any of the provisions of these General Terms and Conditions are found to be invalid under a rule of law in force or a final court decision, it shall be deemed unwritten, without thereby rendering these General Terms and Conditions invalid or altering the validity of its other provisions.

14.3 Force Majeure

Any event of force majeure shall release the Parties from their obligations, except for the obligation to pay a sum of money, without compensation, for the entire duration of the event.

If the force majeure event continues for more than thirty (30) days, the contract in question may be terminated automatically without compensation for either Party.

14.4 Applicable Law and Dispute Resolution

These General Terms and Conditions are subject to French law. To exercise your rights or for any questions about the processing of your data, you can contact us:

- By email: contact@nami-dating.com

- By post: 202 bis, Rue de Paris, 95150 Taverny, France

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the User may contact a consumer mediator free of charge within one year of submitting a written complaint.

The Company has designated the Consumer Mediation Center of Justice Conciliators (CM2C), which consumers may contact:

- by mail: CM2C, 49, rue de Ponthieu, 75008 Paris;

- by email: cm2c@cm2c.net;

- by completing the referral form directly on the website www.cm2c.net.

‍