Terms and Conditions

Terms of Use

These Terms of Use apply to all websites that are owned, operated, and maintained by or for S.A.S Ochy, a France corporation, and its affiliates (collectively, “we,” “us,” or “our”) including [ochy.io], and other websites on which these Terms of Use are linked (“Sites”) as well as your use of the services we provide, our mobile application, and other transactions and engagements you might have with us including interactions via social media (collectively, “Services”).

1. General Provisions

THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY, AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITES AND SERVICES (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE AND SERVICES.

By entering the Sites or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Sites or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Sites and Services are intended for use only by citizens and legal permanent residents of France residing within the France 13 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Sites or using the Services.

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Sites or Services. If a change is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior to the effective date of the change via a post on the Sites and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you will be bound by the updated Terms and/or Sites or Services. We suggest periodically visiting this page of the Sites to review these Terms.

You represent and warrant that you are the person you claim to be in your interactions with us, the Sites, and Services. You will use the Sites and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.

1.1 Password and Account Security

You may create your own login information by completing the online or in-app registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation

If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Sites or Services if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Sites or Services.

1.2 Device Requirements

To utilize our app on your smartphone or other device, your device must meet the specific system requirements outlined on in the Apple App Store or Google Play Store descriptions of the app

2. User Guidelines

You agree that you will not use the Sites or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Sites or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Sites or Services to commit fraud, engage in criminal activity, or interfere with the use of the Sites or Services by others. You will not tamper with, interfere with, or otherwise hinder anyone’s use of the Sites or Services. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Sites or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines. Further, you will not reproduce, decompile, reverse engineer, or otherwise engage in any activity with the intent or effect of recreating or transferring to yourself or any third-party all or a portion of the Sites or Services.

3. User Data

We will maintain certain data that you transmit as part of the Services for purposes of managing the Services and providing the Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we will have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Services.

4. Termination

We may suspend or terminate your use of the Sites or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Sites or Services. If we terminate your use of the Sites or Services due to a violation of these Terms by you, as determined by us in our sole discretion, you will not be entitled to a refund of any fees paid by you to us.

4.1 Disclaimer of Warranties

The Sites and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Sites or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.

We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Sites or Services or any website linked to the Sites or Services.

4.2 Our Intellectual Property

All copyrights, trademarks, trade dress, other intellectual property and materials, including images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, video clips, and written and other materials on or part of the Sites and Services (collectively, the “IP”) are owned, controlled or licensed by us and are protected by France and international trademark and copyright laws. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites or Services may be the trademarks and the property of their respective owners. Software used as part of the Sites and Services is our property or our suppliers’ property and is protected by France and international copyright laws.

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, view, download, and print the materials displayed on the Sites and Services for your use and access only; provided, however, that you (i) retain all copyright, trademark or other proprietary designations or watermarks contained on all IP; (ii) do not modify or alter the IP in any way; and (iii) do not provide or make available the IP to any third party in a commercial manner. Other than this limited license, no license, right, title, or interest in any IP is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, reverse engineer, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the IP, the Sites, Services, or any related software.

4.3 Force Majeure

We will be excused from failures or delays in delivery or performance of the Sites and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

4.4 Feedback

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

4.5 Miscellaneous

The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Sites or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) will be deemed to survive. Headings are provided as a convenience and should not be used as interpretive aids. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.