End User License Agreement

The FlashFlash App is managed by the company

FlashFlash, 5 bis Villa Emile Bergerat 92200 Neuilly-sur-Seine APE : 5814Z SIRET : 853 766 111 00019

Before subscribing to the Application, each User must carefully read this End User License Agreement ("EULA"). Use of the FlashFlash App assumes that the User has accepted this entire EULA, including the General Terms and Conditions. Such acceptance is deemed to be as valid as the User's handwritten signature.

The EULA and its appendices are written in French and English. In case of divergence of interpretation, only the French version shall prevail.

Contact email : hello@flashflash.app

Definitions

The following terms have the definitions given:

App: the application FlashFlash and all of its pages and screens.

Database : the database of products used in the App.

Service : selection of fashion and accessories items.

Feature : the digital content or service that can be purchased or subscribed to through an in-app purchase in the App, corresponding to the "premium" version.

Publisher : the artificial or natural person responsible for publishing the App and for its content.

User : the mobile device user using the App.

Client : refers to the mobile device user purchasing a Feature in the App.

Store : refers to the online application downloading platform used by the Publisher to publish the App, and used by the User to download the App, namely Apple Store.

Purpose

The main purpose of the Application is to provide users with up-to-date selections of fashion items, accessories and cosmetics. It's an inspirational shopping magazine.

Premium version

The Application offers the integrated purchase of a "premium" version integrating the following Products:

  • The unlimited flow of selections: it allows the user to scroll through all the product selections in preview.
  • the "Search" functionality: it allows the User to search referenced products into the database by using keywords (product name, brand, etc.).
  • Premium content: it allows the User to have access to additional content, produced by fashion professionals.

Account in the Application

Using or purchasing the "premium" subscription in the FlashFlash application does not require the creation of an account. The App uses the user's Apple ID by default.

Rights and obligations of the Publisher

Access to the App

The Publisher hereby informs you that the information entered into the App is hosted on the servers of an outside service provider to which the Publisher subcontracts its hosting.

The Publisher may not be held liable for technical unavailability of the connection, regardless of whether this is due to an event of force majeure, maintenance, an update, a change, an intervention by the hosting company, an internal or external strike, a network failure, an electrical power outage, or misconfigured settings or misuse of the User's device.

The User acknowledges that they are familiar with the limitations and constraints specific to the Internet, and as such recognizes that it is impossible to fully guarantee that data exchanges are secure. The Publisher may not be held liable for damages resulting from the App, such as lost data, intrusion, virus, service breakdowns, or otherwise.

Total or partial inability to use the App and the Features, particularly owing to hardware incompatibility (iphone 6+ with IOS14 required) may not give rise to any compensation, indemnification, or holding the Publisher liable, except in the event of a proven hidden defect, non-compliance, or malfunction. If a purchase made in the App is not provided, the User has up to three months (from the date of purchase) to object. Once that period has passed, no complaint will be accepted.

Liability

The Publisher may not in any event be held liable:

  • for any direct or indirect damages, particularly with regard to lost profits, lost income, lost clients, or lost data that may, inter alia, result from the use of the App, or the inability to use it;
  • for a User device malfunction, downtime, misuse, or improperly configured settings, or for the use of an uncommon or obsolete device by the User;
  • for the content of links or outside sources accessible by the User from the App;
  • for the content of the information related to the products.

The User recognizes that the Publisher may not be held liable for the provision of data about the analyzed products, and may not be held liable for their content.

The User expressly agrees that it is using the App at its own risk and under its own responsibility alone. The App provides the User with information as an example. The Publisher does not guarantee the accuracy, completeness, or exhaustiveness of the information and data found in the App. The Database changes, particularly when products are added and/or edited by the User and Publisher. The User alone is responsible for choosing a purchasing a Feature.

The Publisher may not be held liable for errors in the Database, particularly with respect to information about product.

The Publisher cannot guarantee the usefulness of the App's information and recommendations.

Hyperlinks relayed on the App may redirect to other applications or websites, and the Publisher of the App may not be held liable if the content of those applications and sites violate the law. Likewise, the Publisher may not be held liable if the use of those applications or sites by the user causes it any harm.

Intellectual property rights

The exclusive use of the FlashFlash, logos, software, recommendations, graphical elements, databases, and more generally, all content offered by the App is reserved for the benefit of the Publisher, or potentially its partners. Anyone who communicates, represents, reproduces, embeds, distributes, or redistributes them may face penalties as provided in particular in the Intellectual Property Code, Civil Code, and Commerce Code of France.

Any member who violates the protected items in this way may have their account deleted without prior notice or compensation, and without that deletion constituting damages, without prejudice to potential subsequent legal proceedings against them, at the initiative of the Publisher of the App or its agent.

Applicable law, mediation, and competent judge

This EULA is subject to French law. The Publisher reserves the right to edit it at any time.

Any disputes that may arise in the performance of these terms and conditions shall be settled as a priority by amicable means. If no amicable resolution can be reached, the parties, whether consumers or professionals, are bound to enlist a mediator prior to entering legal proceedings.

If no agreement can be reached by the parties, the Tribunal de Grande Instance of Paris (France) alone has jurisdiction to settle the dispute.


Last updated 02/09/2021