TERMS AND CONDITIONS

These Terms and Conditions (hereinafter the "Terms") are intended to define the terms and conditions under which the FUSILY application (hereinafter the "Application"), published by the company FUSILY (hereinafter "FUSILY"), a simplified joint-stock company with a sole shareholder (société par actions simplifiée unipersonnelle), registered with the Lyon Trade and Companies Register under SIREN number 988469870, with its registered office located at 16 RUE CUVIER, 69006 LYON, makes available to its users (hereinafter the "User" or "Users") a culinary social network enabling them to share, browse and comment on recipes, as well as interact with the community.

These Terms and Conditions (hereinafter the "Terms") apply to any use of the Application by any natural or legal person.

Access to and use of the Solution by the User is subject to full and complete acceptance of, and compliance with, these Terms.

By checking the box "I have read and accept these Terms and Conditions," the User acknowledges having read, understood and accepted these Terms in their entirety and warrants that they are the holder of the account through which they connect.

FUSILY reserves the right to modify or adapt these Terms at any time, by notifying the User of any new version, who undertakes to review these modifications and to comply with the most recent version available at any time on the Application.

ARTICLE 1 - PURPOSE AND SCOPE

These Terms are intended to define the browsing conditions under which the User may access and use the FUSILY Application and all of its associated services.

THESE TERMS ARE ENFORCEABLE AGAINST THE VISITOR WHO ACKNOWLEDGES HAVING READ THEM AND HAVING EXPRESSLY ACCEPTED THEM, BY THE MERE FACT OF BROWSING THE APPLICATION AND CREATING THEIR USER ACCOUNT.

The Terms apply to any use of the Application, whether access is made via a smartphone, a tablet or any other compatible device.

The content of the Terms may be updated at any time. Any resulting modifications shall be applicable as soon as they are published; it is therefore recommended to regularly check their content.

The Terms applicable to the User are those in force at the date of use of the Application. Use of the Application constitutes acceptance of the updated Terms.

If any clauses of these Terms are or become ineffective in whole or in part, such ineffective provisions shall be voided (without affecting the validity and enforceability of the remaining clauses) and reinterpreted, supplemented or replaced so as to achieve the objective sought by the ineffective provision.

ARTICLE 2 - CONDITIONS OF ACCESS AND REGISTRATION

The Application is accessible free of charge and directly through the App Stores in iOS or Android versions on a smartphone under the name "FUSILY."

The User must have a working Internet connection to access the Platform and the Solution. The User shall be solely responsible for their Internet connection and all associated costs, including telephone charges.

FUSILY may recommend technical prerequisites or certain configurations for using the Solution. The User is responsible for following these technical prerequisites or recommendations, and shall in all cases ensure that their equipment and/or browser version is compatible with the Solution.

Use of the Application is conditional upon the creation of a personal user space (hereinafter "User Account").

To fully benefit from the features of the Application, the User must create a personal account by providing the requested information. The User undertakes to provide accurate, complete and up-to-date information during registration, and to update it regularly through their personal space.

In accordance with CNIL requirements and in order to guarantee an adequate level of security, confidentiality and integrity for the personal data of Users and third parties present on the Platform, the password must include:

• A minimum of 10 characters;
• One uppercase letter;
• One digit;
• One punctuation mark or special character.

Each User, regardless of their status, is responsible for setting and safeguarding their password.

If the User loses their password, they may generate a new one by clicking the "Forgot your password?" link on the Application during login. The User then enters their email address and the verification code sent by email to set a new password.

The User may only log in to their User Account using the email address provided during registration.

The information provided during registration must be accurate, truthful and up to date. The information provided by the User during account creation is binding upon them. FUSILY shall not be held liable for any inability of the User to log in to their User Account due to an error on their part.

The User is solely responsible for the activity on their User Account, the use and confidentiality of their login credentials. Any login to their User Account shall be deemed to have been made by the User.

The User Account is attached to the User on a strictly personal and nominative basis. The User is prohibited from disclosing it to any other person.

Any loss, theft, misappropriation or unauthorized use of the User's access codes and their consequences are entirely the User's responsibility.

THE APPLICATION IS RESERVED FOR PERSONS WITH LEGAL CAPACITY TO CONTRACT AND WHO ARE AT LEAST 15 YEARS OF AGE. Users who are minors over the age of 15 must obtain prior authorization from their legal representatives to create an account.

ARTICLE 3 - USE OF THE APPLICATION

The FUSILY Application is accessible free of charge by download from official platforms (App Store, Google Play). The User must have a smartphone, Internet access and, where applicable, an account on the download platform (App Store or Google Play) in order to download and use the Application. All costs related to these means (Internet subscription, equipment costs, etc.) remain exclusively at their expense.

The User undertakes to use the Application fairly and not to use the Application for illegal purposes, contrary to public morality and/or public order, or not in accordance with these Terms. In particular, the User undertakes to comply with the rules of conduct and moderation as set out in Article 4 below.

The User is solely responsible for the use they make of the Application, as well as the data and information they transmit or publish, and the consequences that may arise, including in the event of non-compliance with these Terms.

The User must take care not to communicate sensitive or confidential information whose disclosure could be detrimental to them.

ARTICLE 4 - USER CONTENT AND MODERATION

4.1. Nature of authorized and prohibited content

The Application allows Users to publish and share various content, including:

• Culinary recipes;
• Photographs, videos or illustrations related to their creations;
• Comments and contributions within the community.

The User must ensure that the content complies with applicable laws and regulations and these Terms.

As such, the following content is strictly prohibited within the Application:

• Content contrary to public order and public morality;
• Content of an insulting, defamatory, discriminatory, hateful, violent, obscene or pornographic nature;
• Content inciting hatred, violence, racism, intolerance or any form of discrimination;
• Content infringing on privacy, image rights or intellectual property rights of third parties;

To access the Solution, the User is prohibited from any behavior that could harm the image of FUSILY and/or one or more other Users.

Content published by the User on the Application is solely in their own name and cannot bind FUSILY in any way. Use of the Application is therefore at the User's own risk and responsibility.

As such, the User is specifically prohibited from:

• Impersonating another User or posing as an employee or representative of FUSILY;
• Attempting to obtain from another User information relating to their User Account, such as their login credentials and/or passwords, or information relating to their personal life;
• Publishing on the Application insulting, hateful, racist, revisionist, discriminatory, disparaging, obscene, vulgar, defamatory content, or content that violates any legal, regulatory or contractual provision, or that encourages reprehensible behavior under the law;
• Inciting suicide, inciting the commission of a crime or offense, or glorifying war crimes or crimes against humanity;
• Threatening a person or group of persons;
• Publishing pornographic or pedophilic content;
• Publishing on the Application content that infringes the rights of third parties (intellectual property, image rights, etc.);
• Publishing on the Application content unrelated to the purpose for which FUSILY makes it available;
• Engaging in hacking, spamming, phishing, flooding (saturation) or any other malicious action against FUSILY and/or other Users;
• Violating legislation on the confidentiality of correspondence, or, more generally, acting contrary to any applicable regulation or law.

In case of non-compliance with this article, FUSILY may delete the User Account of the User, when it is notified under the conditions set out in Article 5 of these Terms below.

4.2. Moderation and reporting procedure

FUSILY implements a content moderation system, either post-publication or pre-publication, as needed.

As such, FUSILY reserves the right, at its sole discretion, to remove or render inaccessible any content that contravenes these Terms, the law, or that is deemed inappropriate, without prior notice or compensation.

Any User may also report illegal content or content contrary to these Terms via the dedicated feature or by direct contact with FUSILY. In accordance with the law, any report must be substantiated and specific. Upon receipt of a report, FUSILY undertakes to examine the reported content within a reasonable time and to take appropriate measures (removal, account suspension, referral to competent authorities, as applicable).

FUSILY may retain deleted content and User identification data, in compliance with applicable regulations, in order to fulfill its legal obligations or in the event of litigation.

ARTICLE 5 - REPORTING OF ILLEGAL ACTIVITIES AND CONTENT

Pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (the "DSA") and Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN), FUSILY has the status of a hosting provider and solely provides hosting services to its Users.

If a User becomes aware that another User is in breach of any of the rules of conduct set out in Article 4 above, and/or more generally if a User becomes aware of any illegal activity or content, the User must immediately inform FUSILY.

As such, the notification must comply with the requirements of the DSA and the User must therefore provide FUSILY with all necessary information, including:

• The date of the notification;
• If a natural person, their surname, first names, profession, domicile, nationality, date and place of birth; if a legal entity, its form, name, registered office and the natural person who legally represents it;
• A description of the disputed facts and their precise location on the Platform;
• The reasons why the content should be removed, including a reference to the applicable legal provisions and factual justifications;
• A copy of the communication sent to the author or publisher of the disputed content requesting its discontinuation, removal or modification, or justification that the author or publisher could not be contacted.

In the event that the content is illegal and upon verification of the truthfulness of these elements, FUSILY will remove the disputed content as promptly as possible or render it inaccessible.

It is expressly stated that presenting content to FUSILY as illegal while knowing this information to be inaccurate may engage the User's criminal liability.

FUSILY shall in no event be held liable for illegal content available on the Application that has not been brought to its attention in accordance with the above provisions.

Similarly, in the event that reports constitute repeated illegal activity on the part of a User, FUSILY reserves the right to suspend or delete the User Account of the concerned User under the conditions set out in Article 6 below.

ARTICLE 6 - SUSPENSION AND TERMINATION OF ACCOUNT

6.1. Suspension or termination at FUSILY's initiative

FUSILY reserves the right to suspend or delete, as of right and without prior notice, a User's account in the following cases:

• Violation of these Terms, particularly in the case of publication of illegal, inappropriate content or content contrary to the spirit of the community;
• Provision of false, incomplete, outdated or fraudulent information during registration or use of the Application;
• Fraudulent, abusive behavior or behavior infringing third party rights;
• Use of the Application for purposes other than those intended (for example, unauthorized commercial solicitation, spam, etc.);
• Breach of the security or proper functioning of the Application.

Depending on the severity of the facts, FUSILY may decide on:

• Temporary suspension of the User Account consisting of a temporary limitation (the duration of which will be communicated to the User upon notification) of the User's access to their Account and/or to certain features of the Application. It may be decided in particular in the event of an isolated or occasional breach of these Terms, behavior deemed inappropriate but not justifying permanent exclusion, dissemination of disputed content requiring verification before deletion or reactivation of the Account.

  The suspension may last as long as necessary for FUSILY to carry out the necessary verifications, stop the breach or prevent any recurrence.

• Permanent termination of the User Account resulting in the definitive deletion of the Account and the inability for the User to create a new account, unless expressly authorized by FUSILY. It may be decided in the event of a serious and manifest violation of these Terms or applicable legislation, recurrence after temporary suspension or warning that has had no effect, identity theft, fraud, abusive or misappropriated use of the Application, publication of particularly illegal content or content harmful to the rights of third parties (hateful, violent, defamatory, discriminatory content, content inciting hatred or violence, etc.) or breach of the security, proper functioning or integrity of the Application (e.g., hacking, distribution of viruses or malware).

The User will be informed of the decision by any appropriate means, in particular through a notification in the Application or by email to the address provided during registration.

In the event of suspension or termination decided by FUSILY, the User may submit a substantiated complaint by contacting support at contact@fusily.com. FUSILY undertakes to examine the request and provide a response within a reasonable time.

6.2. Termination at the User's initiative

Of their own free will, the User may, at any time and without particular reason, request the permanent deletion of their account from their User Account (icon at the bottom right of the application) or by contacting FUSILY at the contact details indicated in these Terms.

Account deletion automatically results in:

• Loss of access to all features of the Application;
• Deletion or anonymization of the User's personal data under the conditions set out in the Privacy Policy;

• Deletion, anonymization or deactivation of content published by the User, subject to:

  • Temporary retention of certain data if required by law (e.g., legal retention obligations),
  • Retention of certain collective contributions or interactions (e.g., comments, reactions) to ensure the coherence of exchanges within the community.

ARTICLE 7 - INTELLECTUAL PROPERTY

7.1. FUSILY's intellectual property rights

The Application, its features and the elements published by FUSILY are protected by intellectual property rights, including but not limited to copyright and/or trademark rights and/or design rights and/or patent rights, and are the exclusive property of FUSILY or, at the very least, FUSILY holds the rights thereto.

FUSILY grants the User only a non-exclusive right of use, solely for the duration of use of their User Account, worldwide, of the Application. Any other use of the Application by the User shall be deemed to constitute an act of infringement and shall be sanctioned under the French Intellectual Property Code, unless prior and express authorization has been given by FUSILY.

Accordingly, Users are prohibited, without the prior express consent of FUSILY, and subject to civil and criminal penalties, from:

• Reproducing or having reproduced the Application and its content, in whole or in part, temporarily or permanently, in any manner whatsoever, on any medium, in any format, by any process, whether known or unknown to date,
• Recording or digitizing the content distributed by FUSILY, in whole or in part, temporarily or permanently, in any manner whatsoever, on any medium, in any format, by any process, whether known or unknown to date,
• Representing or having represented the Application, its features and elements published by FUSILY, in whole or in part, in full or in extract, in any way whatsoever, by any process, any mode of distribution, any mode of communication whether known or unknown to date,
• Adapting or having adapted the Application, its features and elements published by FUSILY, in whole or in part, temporarily or permanently, and in particular creating any derivative work, producing new versions or new developments from the elements belonging to FUSILY, maintaining, modifying, arranging, assembling, digitizing all or part of the foregoing,
• Decompiling, disassembling the Application, creating derivative works from it or attempting to discover or reconstruct the source code, the underlying ideas, the algorithms, the file formats or the programming or interoperability interfaces, except within the limits of the right granted by Article L.122-6-1 of the French Intellectual Property Code, in any manner whatsoever,
• Making copies, whether provisional or permanent, of the Application, its screen pages, their sequencing, its content or any element of the Application,
• Distributing, renting, marketing, sublicensing, assigning, making available, directly or indirectly, the Application, copies thereof or its content, whether for free or for a fee, to third parties,
• Using the specifications of the Application to create or enable the creation or marketing of an application, program, software, or derivative whose purpose, function or expression would be substantially or formally similar to the Application, as well as any other act infringing the rights of FUSILY.

Users therefore acknowledge that, in the absence of prior, express and written authorization from FUSILY, any total or partial reproduction and any distribution or exploitation of one or more elements of the Application, even modified, may give rise to legal proceedings against them.

In general, the User undertakes not to infringe in any way upon the Application or the business of FUSILY, nor to make improper use thereof that would directly or indirectly discredit or devalue FUSILY and/or its services and/or its image.

The Terms shall not be interpreted as transferring to the User any intellectual property rights whatsoever over the Solution beyond the right of use granted.

7.2. Content published by the User

The User retains all rights to the content (recipes, photos, videos, comments, etc.) that they publish via the Application.

However, by publishing content on the Application, the User grants FUSILY a free, non-exclusive, worldwide and transferable license authorizing it to:

• Store, host, reproduce and display the content as part of the operation of the Application,
• Adapt, translate or technically modify it for compatibility purposes,
• Distribute it to the public and make it available to other Users of the community,
• Use certain content (notably photos and videos) for promotional purposes of the Application and external communication, subject to respect for the User's moral rights.

This license is granted for the entire duration of the User's registration and will automatically terminate upon deletion of the User Account, unless the content has already been shared or integrated by other Users.

Furthermore, the User warrants that they hold the necessary rights to publish the content they distribute on the Application and that it does not infringe the rights of third parties (including copyright, neighboring rights, image rights, trademarks, etc.). In the event of a violation of these rights, the User is solely liable toward FUSILY and third parties.

ARTICLE 8 - SECURITY AND LIABILITY

FUSILY guarantees the proper functioning of the Application within the framework of normal and intended use. FUSILY undertakes to maintain the Application so that it remains compliant with the technical specifications required by the app stores.

FUSILY provides the Application under a best-efforts obligation and uses processes and techniques consistent with the state of the art. However, given the current state of knowledge, testing and experiments cannot cover all possible uses.

Thus, FUSILY makes every effort to ensure the proper functioning of the Application but provides no guarantee regarding technical defects or the fact that it would be operational at all times.

Use of the Application implies fair conduct by the User, in compliance with the Terms, at the risk of incurring liability. The User undertakes not to commit any act that could compromise the security of the Application.

The following shall be the sole responsibility of the User:

• Implementing useful processes and measures to protect their equipment, software, passwords, including against any virus and intrusion;
• Complying with technical prerequisites to enable optimal use of the Application;
• Choosing the access provider or telecommunications medium, the User having to handle administrative requests and subscribe to the necessary subscriptions at their own cost;
• Using their login credentials;
• Statements made by the User when using instant messaging with other Users and/or other interactive features.

FUSILY shall in no event be held liable, for any reason whatsoever, for any direct or indirect loss or damage suffered or incurred by the User as a result of:

• Any difficulty in accessing the Application resulting in particular from the poor quality and reliability of the Internet connection and/or the User's equipment;
• Any service interruption due to a technical failure, whether temporary and/or partial, breakdown, repair, update, improvement or maintenance of the Application;
• Any service interruption due to hacking or sabotage of the Application, network or computer equipment, or any other force majeure event;
• Any service interruption due to a failure or breakdown of the Application's hosting provider;
• Any handling error on the Application by Users and any intervention by an unidentified third party on the Application;
• Any accidental destruction of User data, errors, security failures, viruses and/or any other consequences caused by the User, without fault on their part;
• Inability to use the Application due to force majeure;
• Non-compliance by the User with the Terms;
• Malfunction of the Application due to the User themselves;
• Inaccuracy of information and statements provided by the User;
• Or any infringement upon the Application or its elements, including but not limited to loss of information, loss of data, loss of clientele, loss of revenue.

In any event, the User acknowledges that the use of the Application implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misuse, and the risks of contamination by potential viruses circulating on the network. FUSILY shall not be held liable in any capacity in this regard.

ARTICLE 9 - PERSONAL DATA PROTECTION

FUSILY attaches great importance to the protection of Users' personal data and complies with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR"), and with the provisions of French Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties (the "Data Protection Act").

For further information regarding the processing of their personal data, Users are invited to consult FUSILY's Privacy Policy accessible at: Privacy Policy.

ARTICLE 10 - MAINTENANCE, MALFUNCTIONS AND UPDATES OF THE SOLUTION

FUSILY may deem it necessary to update or reset certain parameters of the Application and/or its elements.

Thus, FUSILY reserves the right, at any time, to carry out regular or one-off maintenance on the Application in order to ensure its proper functioning and improve its performance, develop the Application, maintain an appropriate level of security, comply with a specific regulatory requirement by making new features available or by modifying or removing certain features.

These updates, maintenance operations, resets and developments may temporarily prevent the User from accessing the Application to which they are linked, and/or result in a modification of its architecture and its elements, which the User expressly acknowledges; FUSILY shall not be held liable in this regard.

Where possible, FUSILY will endeavor to inform the User in advance of any planned maintenance likely to disrupt access to the Solution, except in cases of emergency.

Each User may report any malfunction directly to FUSILY by contacting it at the contact details set out in Article 13.

ARTICLE 11 - FORCE MAJEURE OR UNFORESEEABLE EVENT

All circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered grounds for exemption from each party's obligations and shall result in their suspension.

The Party invoking the above-mentioned circumstances must immediately notify the other Party of their occurrence, as well as their cessation.

The following shall be considered as force majeure events: all facts or circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and that cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers, pandemics.

ARTICLE 12 - APPLICABLE LAW AND COMPETENT COURTS

These Terms are governed by and interpreted in accordance with French law.

In the event of any dispute arising from, but not limited to, access to and browsing of the Site, or relating to the validity, formation, interpretation or performance of these Terms, the User undertakes to first seek an amicable solution by contacting FUSILY at the email address: contact@fusily.com or by post at: 16 RUE CUVIER, 69006 LYON.

If the dispute is not resolved, or if the User is not satisfied with the outcome, they may use alternative dispute resolution methods such as mediation or conciliation. Failing amicable agreement, the dispute shall be submitted to the jurisdiction of the courts within the jurisdiction of the COUR D'APPEL DE LYON.

ARTICLE 13 - CONTACT

For any questions, notifications or complaints, the User may contact FUSILY:

At the address: 16 RUE CUVIER, 69006 Lyon.
At the email address: contact@fusily.com

The official language for communicating with FUSILY is French.