Terms and Conditions ("Terms")

Last updated: April 24, 2019

1 Object

These terms and conditions (hereinafter, "TandC") are intended to govern the access and use of the mobile application LOUNJEE (hereinafter “the Application").

The Application is published by LOUNJEE, a société par actions simplifiée, registered in the Paris Trade and Companies Register under number 818 796 484, whose head office is located at 38 rue Servan 75011 Paris, France, (hereinafter " LOUNJEE ").

Anyone using the App is defined below as a "User".

2 Acceptance and modification of the TandC

Any creation of a Personal Account by a User implies full and complete acceptance of the current TandC.

LOUNJEE reserves the right to modify or adapt these Terms without notice by publishing a new version of them on the Application. These modifications will come into effect as soon as they are posted on the Application and will therefore be binding on any User from that moment. The update date appears at the beginning of these TandC.

The present TandC prevails over all other general or particular conditions of the User.

LOUNJEE advises anyone using the Application to save or print the TandC, without however modifying them.

3 Definitions

"Premium Subscription": designates any form of Subscription allowing the access to the paid features of the User Application.

"Administrator": designates any physical person designated as such when subscribing to the Service “Private Group” Or the creation of an Open Group and responsible for liaison between LOUNJEE and Member Users.

"Application": in general terms, this refers to the mobile application "LOUNJEE" and included the application Lounjee for Groups.

"Group Application": designates the mobile application “LOUNJEE” specifically developed for a group.

"TandC": refers to these Terms and Conditions.

"Personal Account": refers to the free account, that any User must create to access the features of the application.

"Contents": refers to the information that the User and / or the Administrator publishes on the Application in any form whatsoever, including images, texts, information, hypertext links, and other audio and / or video content.

"Event": means the event organized by a Group to which the Administrator may invite Users Members. The event is organized under the sole responsibility of the Group and LOUNJEE cannot be held liable of any kind.

"Group": refers to a group created by a Member User, a company or an organization that has subscribed. For any request to create a Group, contact us.

"Open Group": means a Group whose access conditions are free.

"Private Group": means a Group whose access conditions are defined and managed by the Administrator of this group.

"LOUNJEE": designates the company LOUNJEE, SAS.

"Price": refers to the total price paid by the User corresponding to a Subscription.

"Profile": refers to the personal page of the user accessible by the tab “My profile” in the Application, describing in particular his personal information and displaying, if necessary, photographs.

"Network": means Users who have accepted a connection with another User.

"User": generally denotes the physical person who uses the Application, including the User Member. The User acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity. For any request coming from a legal person, exercising or not a professional activity, contact us.

"User Member": designates the User of the Application and the member of a Group.

“User-Generated Content”: refers to all content generated by the User in using the Application and the Website.

“Website”: refers to www.lounjee.com

4 Required Configuration

Before any use, The Application must be downloaded to a mobile using the iOS system Apple or Android.

The Application is available under the name “LOUNJEE" or under the Group name on the following application download platforms: Apple App Store for the iOS system, Google Play for the Android system.

The mobile must have the following minimum specifications to correctly run the Lounjee application: a mobile phone with a minimum operating system version of Android 5.0 or iOS 9.3

The use, download and update of the Application requires a sufficient internet connection so that the user can use, in optimal conditions, the features that are at his disposal.

5 Access to the Application

5.1 Creating a Personal Account

The use of the Application, and its various features, requires the creation of a Personal Account on the Application.

Creating a Personal Account is open to any person over sixteen (16) years.

The creation of a Personal Account is free.

5.1.1 Creating a Personal Account on a Group Application

The User Member either receives a link from the Administrator to download the Group Application or downloads the Group Application from an app download platform.

After downloading the Group Application, the User Member enters his first name, last name and any other required information; it then clicks on "Validate my membership".

The User Member can create a Personal Account either by filling in his e-mail and choosing a password, or through his LinkedIn account.

In this case, the information of his LinkedIn profile (name, first name, e-mail, title and industry, photography) are automatically taken. It is up to the User Member to proceed to the verification of this information during the creation of the Personal Account.

The User Member Profile is validated against the Members database of the Group Administrator.

5.1.2 Creating a Personal Account on the Application

The User Member can create a Personal Account either by filling in his e-mail and choosing a password, or through his LinkedIn account.

In this case, the information of his LinkedIn profile (name, first name, e-mail, title and industry, photography) are automatically taken. It is up to the User Member to proceed to the verification of this information during the creation of the Personal Account.

5.2 Profile Information

The User connects on his/her Personal Account by entering their username and password or via his/her LinkedIn account. The User may complete or modify his Profile with a brief description of his profile or his expectations.

When it has not been taken from his LinkedIn profile, the User can download a photograph in profile.

5.3 User-Generated Content

The User is solely responsible for all User-Generated Content provided or generated through the use of the Application. It is the User’s responsibility to ensure that the User-Generated Content does not infringe or violate any rights, including, but not limited to, trademarks, copyrights, and other intellectual property rights of LOUNJEE or any third party.

LOUNJEE does not claim any ownership in the User-Generated Content. However, the User hereby grants LOUNJEE a worldwide, royalty-free, non-exclusive, perpetual and transferrable right and license to use, reproduce, distribute and display this User-Generated Content within the Application and the Website (unless removed from Lounjee by the User and/or Admin)

By accessing and using the Application and the Website to distribute and share User-Generated Content, the User hereby grants each User of the Application a non-exclusive license to access, retrieve, and share the User-Generated Content through the Application and the Website.

LOUNJEE does not monitor, review, or edit User-Generated Content, but reserves the right to take down, remove, or disable any User-Generated Content for any reason, including, but not limited to, any User-Generated Content that, in LOUNJEE’s sole discretion, violates the terms of this Agreement. LOUNJEE may take this action without prior notice to the User.

6 Application Features

6.1 Purpose of the Application

The Application aims to connect Users based on common interests and depending on their industry, their professional goals, interests and location. Each User is free to discuss and build relationships with other Users in accordance with these TandC.

The creation of a Personal Account allows the User to access the various features of the Application.

The App includes features available for free (excluding connection’s costs) and features which are only accessible to Users who have subscribed to a Premium Subscription, under the conditions determined by these TandC.

6.2 List of Application Features

The Application offers the features below. However, these features do not bind LOUNJEE, which reserves the right to add, delete or modify, temporarily or permanently, and without the consent of the User.

6.3 Features accessible to all Users

The User who has not subscribed Premium Subscription will have free access (excluding connection’s costs) to all the features mentioned in the article “Application Features" , Within the following limits :

6.4 Features available to users who have subscribed to a Premium Subscription

Following the subscription of a Premium Subscription or if the User Member benefits from a Premium Subscription, the User will have access to all the features mentioned in the article "Application Features" within the following limits:

7 Rules of use of the Application

In the context of a good use of the Application, the User is prohibited to:

In general, the User agrees in particular to:

In case of breach of these TandC, in addition to the right of LOUNJEE to suspend / terminate the User's Personal Account, LOUNJEE reserves the right to exercise any action, including judicial action against the User.

8 Application Security

The User agrees to:

9 Subscription to a Premium Subscription

9.1 Subscription Types

Subscription to a Premium Subscription allows the user to access features only available after payment of the Price.

The Premium Subscription is personal to the User and non-transferable.

The User is informed that in the event of deletion of his Personal Account, the Price paid for the Premium Subscription is definitively lost.

The User has the possibility to choose between several types of Subscription:

9.2 Tacit Agreement

The Premium Subscription can be tacitly renewed in all its terms and conditions by the end of the term for a further period determined as follows:

The tacit renewal may be expressly denounced by the User in accordance with the procedure imposed by the Apple Store or the Google Play Store and their respective Terms and Conditions, even if the User has deleted his Personal Account or deleted the Application of his mobile. The User declares to have read these conditions and to accept them.

10 Prices and Payments

10.1 Price

LOUNJEE freely determines the price corresponding to the different Premium Subscriptions.

LOUNJEE reserves the right to change the Prize at any time for any reason applicable to the renewal of the Subscription, subject to having previously informed the User at least one (1) month before the date expiry date of the Subscription.

In the event of non-acceptance of the evolution of the Prize, the User will have the possibility to cancel the Subscription under the conditions defined in these TandC.

The article L. 215-1 of the Consumer Code states:

"“For service contracts entered into for a fixed period with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by registered letter or by e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract it has concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in an apparent box, the deadline for non-renewal. Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the last renewal date or, in the case of open-end contracts, after the date of conversion of the initial fixed-term contract, are reimbursed within 30 days from the date of termination, less the corresponding sums, up to this one, in the performance of the contract. The provisions of this article shall be without prejudice to those which legally subject certain contracts to specific rules as regards consumer information."

The prices displayed on the Application are in euros and include taxes in effect on the day of payment, unless otherwise indicated.

10.2 Payments

Paid features (Subscription Premium) are securely paid according to the payment terms provided and imposed by the Apple Store and the Google Play Store.

As a result, the User agrees to :

The Apple Store or the Google Play Store is solely responsible for the terms and payment process in which LOUNJEE is not intended to operate under the conditions imposed by the Apple Store or the Google Play Store. Any claim or claims related to the payments, should be made directly to the Apple Store or Google Play Store.

LOUNJEE cannot be held responsible for errors or malfunctions in the Apple Store or Google Play Store payment procedure or.

Any purchase or Premium Subscription purchase is final once the purchase has been validated under the legal conditions and the download has begun.

11 Duration - Uninstalling the Application - Termination

11.1 Duration of Subscriptions

The purchased Subscriptions are valid for the duration of the chosen time (1, 6 or 12 months)

11.2 Suspension / Termination by LOUNJEE of a User's Personal Account in the event of a User's breach of the TandC

In the event of a breach of these TandC by the User, LOUNJEE reserves the right to suspend and then terminate the User's Personal Account without refund of the User's Subscription.

LOUNJEE sends to the e-mail address entered by the User an e-mail notifying the breach. If the breach is capable of remediation and failing remediation within a period of ten (10) days, the Personal Account will be terminated to the solely fault of the User.

In addition, LOUNJEE reserves the right to prohibit any re-registration of a User whose Personal Account has been terminated under the conditions defined herein.

When the Personal Account is suspended or terminated, the User Profile is made unavailable on the Application.

LOUNJEE will retain the User's data for twelve (12) months from the date of termination to comply with its legal obligations.

11.3 Uninstalling the Application by the User

The User can uninstall the Application from his mobile device at any time without notice. The User will no longer be able to access the Application unless they download and install it again.

The User acknowledges that the uninstallation of the Application has no effect on the renewal of the Subscription if the User has chosen this option. Consequently, it is up to the User to terminate the under the conditions defined in the article “Tacit agreement". Similarly, the User Profile remains accessible on the Application.

The data entered and kept in the Application will be retained. If the User downloads the Application again, the retained data will be accessible again on his Profile.

11.4 Deletion of the Personal Account by the User

The User can permanently delete his/her Personal Account by sending a letter to LOUNJEE (38 rue Servan 75011 Paris, France ) or an email to support@lounjee.com at any time without notice. The Profile will be deleted permanently and some of the data kept for one year.

The User acknowledges that the deletion of the Personal Account will not result in a refund of the Subscription that may be in effect on the day of the deletion of the Personal Account.

11.5 Termination of Inactive Accounts by LOUNJEE

LOUNJEE reserves the right to delete inactive Personal Accounts, i.e. Personal Accounts whose User has not used the Application for a continuous period of 3 years.

The User will be informed by e-mail, at the address he/she has entered in the Application, the deletion of his Personal Account with reasonable notice. The Personal Account is not terminated if the User logs in within this time.

12 Intellectual Property

The Application and software, database structures, texts, information, analyzes, programs, images, photographs, graphics, logos, sounds and any other non-user-generated data on the application remain the exclusive property of LOUNJEE or, where applicable, of their respective holders with whom LOUNJEE has concluded usage agreements. They can in no case be reproduced, used or represented without the express written consent of e LOUNJEE, under penalty of law.

LOUNJEE grants the User a non-exclusive and non-transferable right to use the Application as well as original works of art and data contained on the Application. The right thus granted consists of (i) a right to consult on-line the original works of art and data contained in the Application and (ii) a reproduction right consisting of an impression and/or a safeguard of these original works of art and data consulted. This right of use is intended for strictly private use only. All other rights are expressly reserved by LOUNJEE.

Any other use of the application from the User is prohibited without the express written consent of e LOUNJEE.

The User is prohibited in particular, non-exhaustively, for a use other than private, reproduce and/or represent, download, sell, distribute, transmit, translate, adapt, exploit, distribute, distribute and communicate fully or partially under in any form, whether commercial or not, any work of the original or given spirit contained on the Application.

The User is also prohibited from introducing data on the Application that modifies or may modify the content or appearance of the data, the presentation or the organization of the Application or the works appearing on the Website. Application, and by any process whatsoever.

The brand "LOUNJEE" is a registered trademark. Any use, representation and/or reproduction and/or partial or total exploitation of the mark "LOUNJEE” of any nature whatsoever, is totally prohibited without the prior written authorization of its owner.

13 Hypertext links

The Application may contain hypertext links to other sites on the Internet. The User acknowledges that the links to these other resources make him/her leave the Application. LOUNJEE cannot be held responsible for the content of these sites.

Any hypertext link to the application is forbidden without express permission of LOUNJEE. LOUNJEE is not responsible for hypertext links pointing to the Application.

14 Personal Data

Please refer to our Privacy Policy to learn how LOUNJEE handles and secures your personal data.

15 Responsibility

15.1 Illegal behaviors

LOUNJEE will in no way be held responsible for illegal or e criminalizes actions committed by Users or Administrators including:

15.2 Liability of the Hosting Service: Reporting

According to Article 6.I-2 of the “Loi pour la confiance dans l’économie numérique” dated June 21, 2004 called “LCEN", LOUNJEE provides a technical hosting service for the Content provided by Users and Administrators. LOUNJEE does not carry out any control, supervision or prior selection of the Content and has the possibility of intervening on the said Content before it is published. Therefore, LOUNJEE declines all responsibility in this regard. As the User and the Administrator are exclusively responsible to third parties for the legality of the said Content, they must ensure that it does not infringe the rights of third parties.

LOUNJEE can be obliged to withdraw the Content or the information published on the Application according to the conditions laid down by the regulations in force, in particular by article 6.I-2 of the LCEN , in case of violation of the rights of third parties or of the regulations. As such, Users and Administrators may send a report for a behavior or a Content on the Application obviously illicit and/or contrary to these TandC by e-mail to support@lounjee.com by specifying the following elements:

The User or the Administrator responsible for the publication of the disputed Content may have his/her Personal Account suspended/terminated under the conditions provided for in the article 11.2, on the basis of the evidence provided by the issuer of the report and this, to ensure the withdrawal of the disputed content in accordance with the legal obligations of LOUNJEE.

The User or the Administrator whose published contents are the subject of a report will be informed of the suspension and then the cancellation of his Personal Account via the Application and/or by e-mail to the address he communicated. He will in no way be informed of the identity of the User who made the report.

LOUNJEE recalls that the fact, for any person, to present a Content or an activity as being illegal for the purpose of obtaining the withdrawal or to stop its diffusion, while it knows this information inaccurate, is punished with one year imprisonment and a fine of € 15,000 (Article 6 I-4 of the LCEN). In no event shall LOUNJEE be liable to Users or Administrators whose Content has been deleted or made inaccessible as a result of such notification.

In addition, LOUNJEE may suspend / terminate the Personal Account of the User who made an unfounded or bad faith report, in accordance with the article 11.2.

15.3 Careful use of the Application

LOUNJEE cannot be held responsible for the use made by Users of the Content published on the Profile or in a Group by another User, including personal information embedded in this Content. LOUNJEE cannot be held responsible for any connection or event that is organized under the sole responsibility of the Group.

Without assuming any responsibility as such, LOUNJEE strongly advises Users to:

LOUNJEE will in no way be held responsible for any consequences that may occur during the course of meetings, events or contacts with third parties, Users or not, following the use of the various services of the Application.

15.4 Organized public assemblies

The User and the Administrator acknowledge that it is strictly forbidden to use the Application for the purpose of public assemblies.

The responsibility of LOUNJEE cannot be sought in this respect.

15.5 Content of the Application

LOUNJEE indicates that the Content of the Application may contain errors or omissions, and may be modified or updated. The User who notices a broken link, an omission or an error, is invited to report it by sending an email to support@lounjee.com.

LOUNJEE cannot be held responsible for other facts than those relating to the edition of the Application. LOUNJEE cannot however guarantee the completeness of its Contents or the absence of modification by a third party (intrusion, virus).

LOUNJEE does not guarantee the availability or performance of the Application.

The User cannot seek LOUNJEE's liability for lost profits, loss of luck or turnover.

LOUNJEE cannot be held responsible for non-functioning, impossibility of access or malfunctions of the Application attributable to non-adapted equipment, malfunctions of the services of the access provider of Users, to those of the Internet network.

LOUNJEE reserves the right to interrupt access to all or part of the Application, to all or part of the Users, temporarily for reasons of maintenance for the proper functioning of the Application, without notice and without this interruption may give the right to any compensation for the User.

The User declares to accept the characteristics and the limits of the Internet, and recognizes that the data circulating on Internet are not protected against the diversions possible.

16 Various

In the event that one of the terms of the TandC would be considered illegal or unenforceable by a court decision, the other stipulations would remain valid.

The computerized registers of LOUNJEE will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

17 Applicable Law - Litigation

The contract is concluded in English. The present TandC and all the resulting situations are subject to French law subject to the rules of public order relevant to the applicable law.

In the event of a dispute, the User agrees to contact LOUNJEE directly and to submit a written dispute to resolve it amicably.

In the event of failure, the User may make free use of a mediator and may submit any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the event of a dispute between the parties arising from the training, the interpretation, performance and/or termination of the contract, and after an attempt to find an amicable solution, and subject to the rules of public order applicable in jurisdictional jurisdiction, express jurisdiction is attributed to the competent court of Paris, notwithstanding plurality of defendants or appeal in warranty, even for emergency procedures or precautionary procedures or in summary or by motion.

Contact Us

If you have any questions about these Terms, please contact us.