YouFiz provides a service using geolocation through the mobile application YouFiz, to easily find friends around the user or discover peoples that have the same habits as the user. The application is available on iPhone and soon on “Android” mobile devices. All use of the application is subject to the acceptance of these Terms and Conditions of Use (here after “the T&Cs”).
By ticking the box “I have read and accept the Terms and Conditions of Use” you are deemed to have read, understood and accepted these T&Cs.
YouFiz is a mobile application using geolocation and real time for which the slogan is “Fiz and see who Fiz”, as the service allows « from virtual to real-life meeting » between its users.
Fiz: the Fiz is an expression that designates a moment when or a place where the user feels the desire to express its good mood. Then all the other users that feel the same mood in a circle of 500 meters radius wide will be notified.
Message: Only people that have met in a 500 meters radius wide can use the “Chat” function and send messages each other. Messages, stored at YouFiz servers, can be accessed via the icon at the top right-hand corner of the screen.
Article 1 – Purpose of the Service
Each user connects using its Facebook profile. There is no other way to connect to YouFiz.
The application provides YouFiz users the ability, in 500 meters radius wide :
- to easily know when Facebook Friends are appearing.
- to discover people that share the same places as the user.
- to recall the places where the user went to and who he crossed.
- to know how many times the user have met people and friends.
- to engage chat only if users were in the same area at the same time.
The restrictions to see other users are :
- 500 meters radius wide from the user.
- Be in the same place in a range of 4 hours.
- or being originally Facebook Friends.
Article 2 – Registration and conditions of access
2.1 – How to download the application
The YouFiz application is available for download from the Apple App Store on iPhones using iOS minimum version 8.1.
2.2 – Connection to the Service
The smartphone needed to access the Services as well as all associated costs, including any telecommunication charges, are the exclusive responsibility of the user.
2.3 – Conditions Necessary for user status
In order to gain user status, it is necessary to meet the following conditions:
- Use the user Facebook Profile to use the application.
- Have not been subject to sanctions resulting in the termination of their YouFiz Account.
- Respect other YouFiz users and particularly not being « reported » : people that will be reported more than three times will be rejected.
- Have read and accepted these T&Cs.
YouFiz has neither the obligation nor the technical and legal means to verify the identity and age of users.
Users discovered using Facebook fake account will be rejected.
For the entire duration of the enquiry, YouFiz reserves the right to suspend the user’s Account under suspicion and the user’s access to the application without prior warning and to carry out necessary checks.
2.4 – User Account
For each new user, YouFiz provides :
- A profile, on which only its first name appears.
- Fiz account : a recall of all the places where the user have « Fiz » and the associated other users he may have met.
- Messaging account.
- Notification account.
The user is responsible for his login information and for their use by a third party. In particular, the user absolves YouFiz of all responsibility for any communication, use or statements made by the intermediary on his account. The user may deactivate his YouFiz profile at any time via the application if he no longer wishes to be visible on it.
From the moment an account is closed :
- The user’s profile will be made invisible to other users.
- The user’s messages will all be deleted.
- The user’s Fiz history will be deleted.
Article 3 – Payment
YouFiz is completely free of charge.
Article 4 – Obligations of users
During the period of Use of the Services, the user undertakes to:
- Be honest and truthful in its statements.
- Refrain from posting any photos of third parties online.
- Refrain from posting any content or photos on the application which are pornographic or which violate human dignity.
- To respect the private nature of content and conversations exchanged with other users through the application and to prohibit their propagation or disclosure.
- To refrain from violating intellectual property laws.
- To refrain from disrupting public order.
- To refrain from committing defamation, and in a wider sense from using insulting language, particularly of a racial or discriminatory nature.
- To respect applicable laws and regulations.
- To refrain from inciting violence or advocating war crimes or crimes against humanity.
- To refrain from breaking rules of good conduct and to behave politely towards other users.
- To refrain from harming the normal running of the application’s Services or infrastructures in any way.
- To refrain from approaching other users with the aim of promoting paid services. In particular, prostitution is strictly prohibited on the application.
- To refrain from using the application with the aim of organising gatherings or protests.
Article 5 – Responsibility of users
5.1 – The user is responsible for his/her actions and the data he/she publishes on the application.
YouFiz does not moderate content published by users and shared via the application in any way: like photos, text and content external to the application. The user may report illegal content using tools provided by the application such as « Report User ».
5.2 – Safety Rules
YouFiz advises users who wish to meet people in real of the risks. It is entirely the responsibility of the users to check the identity of people they arrange to meet. Encounters are organised independently of YouFiz and are the sole responsibility of the users.
YouFiz shall not be implicated in the event of a problem of any nature caused by such meetings.
Article 6 – Responsibilities of YouFiz
6.1 – YouFiz cannot be held responsible for any malfunction of the user’s device or compatibility problem between the application and the device.
6.2 – YouFiz cannot be held responsible for any actions carried out by its users which are illegal or subject to criminal penalties, including but not limited to:
- Any type of scam or unlawful conduct.
- Identity theft.
- Infringement of the intellectual property rights of a third party.
YouFiz reserves the right to keep records of all content or actions likely to fall into this category in order to make them available to the relevant authorities in the event of litigation.
6.3 – YouFiz is not responsible for any equipment failures, breaks in service or poor functioning of the user’s Internet Service.
Committed to protecting the privacy of its users and the information provided by them, YouFiz respects all applicable legislation concerning the protection of privacy.
By collecting information about its users, the application is subject to a prior declaration to the CNIL (French National Commission for Computing and Liberties) registered under the number (on going).
7.1 – CNIL Declaration
In accordance with article 34 of French law 78.17 of the 6th January 1978, known as the ‘Law on Information Technology and Civil Liberties’, each user has the right to access, modify, alter and delete his/her personal data. You may exercise this right by modifying certain information in your application or by sending a letter to:
YouFiz – 15 avenue de Villiers – 75017 Paris – France // firstname.lastname@example.org
7.2 – Personal Data Collected by YouFiz
Upon registering or using the application, users’ personal data are collected by YouFiz after the agreement of users :
- First name : shown to other users.
- Facebook Profile picture : shown to other users.
- Last name : invisible to other users if they were not precedently Facebook Friends.
- Age range given by Facebook, gender, email address : invisible to the users.
- « Fiz » : visible between users that comply the following rules such as :
– having pressed the « Fiz » button (the big orange logo button on the middle of the home screen).
– being in the same area of 500 meters radius wide.
– be in that same area in a range of 4 hours.
- Mobile phone (after the agreement of users) : invisible to other users.
7.3 Data sent and received as part of geolocation
The application records the location of its users in order to determine their proximity to each other.
Users also appear in the list of people “encountered”. The location of users is not divulged to other users at any time.
7.4 Push Notifications
By default, the user can receive Push Notifications through the application in order to be notified of important events, including but not limited to:
- People entering the area of the current user.
- A message received from another user.
- A message from YouFiz relating to the user’s account or a general event.
The user may adjust his/her preferences relating to Push notifications alerts through his/her Device.
7.6 Contact us
Article 8 – Intellectual Property
The YouFiz brand and logos are the exclusive property of YouFiz company registered under the number (on going RCS Paris).
The general structure of the YouFiz application as well as the texts, graphics, images, sounds and videos it comprises, are the exclusive property of YouFiz.
Any representation and/or partial or total reproduction or exploitation of the content offered by the application by any means whatsoever, in any form whatsoever, in any materials whatsoever and by any media whatsoever, without the prior written consent of YouFiz is strictly prohibited and likely to constitute an infringement as specified in articles L335-2 and subsequent articles of the French Intellectual Property Code and may result in legal action.
The user guarantees YouFiz against any court action, appeal or judgement made against it arising from a user’s violation of the intellectual property rights of a third party. The user guarantees YouFiz against any claims or damages which may arise.
Facebook® trademark is owned by Facebook Inc. and they have the exclusive rights on the use of the name.
Article 9 – Sanctions and Termination of account
Community Moderation System
YouFiz has provided the YouFiz application with a community moderation system which allows every user to:
- Block any user whose behaviour does not respect rules of good conduct in order to prevent any communication with the user (it is impossible to send messages to a user who has been blocked).
- Report another user whose conduct is illegal or contrary to the provisions of these T&Cs.
Any abuse of the community moderation system or any unsubstantiated report will be considered a violation of these T&Cs and the user may be subject to sanctions including the suspension of its account.
Article 10 – Modification of T&Cs
We reserve the right to update or change our T&Cs at any time and you should check this T&Cs periodically.
If we make any material changes to this T&Cs, we will notify you either through the email address you have provided us.
Article 11 – Applicable Law and Court with Jurisdiction
Any legal action arising from these T&Cs will be subject to French law, with French being the language of interpretation of these T&Cs.
Any dispute or litigation relating to the interpretation of the present T&Cs, their conditions of fulfilment and their execution will be under the jurisdiction of the Paris Commercial Court alone.
Article 12 – Other Provisions
If one or multiple clauses in this contract should become invalid or cannot be executed in the application of a law, a settlement or following a final decision from a competent court, the validity of the other clauses and the fact that they are legally enforceable will not be affected or compromised in any way.