Terms of Use

Last updated on 01st April, 2025

IT IS EXPRESSLY AGREED THAT ACCESS TO THE WEBSITE HTTPS://SPARKUP.APP AND ANY ACCESS TO ANY OF ITS CONTENTS AND PLATFORMS FOR ANY PURPOSE AND CARRIED OUT IN ANY CAPACITY WHATSOEVER IMPLIES THE USER'S UNRESTRICTED ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS OF USE. THE USER THEREFORE DECLARES HAVING READ AND UNDERSTOOD THESE TERMS OF USE.

IN THE EVENT OF RESERVATIONS OR DISPUTES REGARDING ALL OR PART OF THE PROVISIONS OF THESE TERMS OF USE, THE USER ACKNOWLEDGES THAT THE USER WILL NO LONGER HAVE THE RIGHT TO ACCESS THE SITE AND MORE GENERALLY, THE CONTENTS OF THE SITE.

1. Definitions

For the purpose of these terms of use, words, terms and expressions hereafter, when used in singular or plural with initial capital letters, if not defined elsewhere in these terms of use, shall have the meanings set forth below, or at their first use:

"Browsing Information(s)" or "Browsing": shall mean the information relating to the connection of a Terminal to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which Terminal the User is using, nor who the User is at a given time.

This Browsing Information concerns, in particular:

  • The IP (Internet Protocol) address of the Terminal connected to the Internet;
  • The date and time of connection of a Terminal to an electronic communication service;
  • The URL (/Internet address) of the Internet page from which the Terminal accessing an electronic communication service comes ("referer");
  • The type of operating system used by the Terminal (Windows, MacOS, Linux, Unix, BeOS, etc.);
  • The type and version of the Browsing software used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
  • The language of the Browsing software used by the Terminal;
  • The identifier and content of a Cookie file stored by the Company (and/or authorized service providers and agents) on the Terminal.

"Company": shall mean Meet & Connect, a limited liability corporation ("societe par actions simplifiee") duly organized and existing under the laws of France, registered with the Trade and Corporations Register of Creteil under identification number 895 208 395, having its registered office located at 4, rue de la Pompe, 94410, Saint-Maurice, France.

"Content": shall include, but is not limited to, the structure of the Site, editorial content, pictures, illustrations, images, photos, graphic charts, trademarks, logos, acronyms, corporate names, audio-visual works, multimedia, visual content, audio content, as well as any other content included in the Site and/or all other elements the Site is composed of, including content shared by the participants during a session.

"Cookie(s)": means a text file that may be saved, subject to the User's choices, in a dedicated space on the User's Terminal hard disk when consulting an online service using his or her browser software. A Cookie file allows its sender to identify the Terminal in which it is registered, during the period of validity or registration of the Cookie.

"Personal data": shall mean any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. In the context of the policy on the use of Cookies, this refers to data relating solely to the User at a given moment, independently of the Terminal used.

"Services": shall mean the Services provided by the Company through the platform accessible at the following link: https://sparkup.app

"Site": shall mean the website https://sparkup.app where the Company presents and provides information regarding Services.

"Terminal(s)": shall mean the hardware equipment (computer, tablet, smartphone, telephone, etc.) that the User uses to consult or view a site, Site, advertising content, etc.

"Terms of Use" or "TOU": shall mean all of the stipulations provided for herein, the purpose of which is to define the terms and conditions and rules of access and use of the Site, as well as the information contained therein.

"User": shall mean any user of the Site, including a client or prospect, physical person of full age, or duly organized and existing legal entity which has access to the Site for private and/or professional use under these Terms of use.

2. Purpose of these Terms of use

These Terms of use govern the terms and conditions of use of the Site by any User. As well as the rights and obligations of the parties.

The sole purpose of these TOU is to inform the User of the conditions of access and use of the Site, to promote and inform Users of the Services provided by the Company, and to provide information on all of the Company's activities.

These TOU do not constitute a binding agreement, commitment or acknowledgement of a contractual relationship regarding the Services between the Company and the User.

The actual Services may be subscribed to by the User, from the Company, in accordance with the Company's applicable general terms and conditions of service, accessible at: www.sparkup.app.

3. Access to the Site

To access and use the Site, the User must have an Internet access. To do so, the User must have an Internet content access Terminal and Internet access. The User is personally responsible for the ownership of the said means of access and Internet access, as well as the associated costs, which will be invoiced to the User directly by the operators concerned.

Consequently, the Company cannot be held liable for any damage that may be caused to the User's technical environment, and in particular to his or her computers, software, network equipment and any other equipment used to access or use the service and/or information.

Likewise, the Company shall not be held liable in the event of interruption to the Site access networks, total or partial unavailability of the Site resulting in particular from the telecommunications operator, in the event of transmission errors or problems related to transmission security, or in the event of failure of the User's receiving equipment or telephone line.

To use the Site, the individual User must be at least 18 years of age (or the legal age of majority in his or her country of residence), and be legally capable of contracting and using this Site in accordance with these TOU, for his or her own account as a professional, or on behalf of a legal entity.

The Company reserves the right to modify, correct or delete content or to temporarily interrupt the Site, in particular for maintenance purposes, at any time and without notice, and without compensation.

4. Users' obligations

When using the Site, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties and comply with the provisions of these Terms of use.

Each User has the obligation:

  • To communicate accurate, truthful, up-to-date and complete information during exchanges and contact requests via the Site;
  • Not to use the Site to commit crimes, misdemeanors or contraventions punishable by law;
  • Not to use the information on the Site directly or indirectly for commercial purposes;
  • Not to reproduce in a permanent or temporary way all or part of the Site, by any means and in any form;
  • Not to use the information on the Site for use by a competing site, company or services, or by another site as a comparator site;
  • Not to denigrate the Site, the Company, and/or its products and services;
  • Not to attempt to divert Internet users to another site or a competitor;
  • Not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompiling, assembly, disassembly, transcoding, nor to apply reverse engineering to all or part of the Site and/or Content;
  • Not to export the Site, nor integrate all or part of the Site with other computer programs;
  • Not to make any short quotes, analysis or reproductions for press reviews or any other use explicitly allowed by the law within the limits and conditions established by the law and subject, inter alia, to mentioning the names of the authors and publishers;
  • Not to use any software or devices that may disrupt the orderly functioning of the Site;
  • Not to undertake any actions that may impose a disproportionate burden on the Company's infrastructures;
  • Not to hack, or use any device or system that may hack into the Site and/or Content, or that may violate these Terms of use;
  • To inform the Company as soon as the User learns about an act of hacking and, in particular, about any illegal or unauthorized use of the Site and/or Content, regardless of how they were disclosed;
  • Not to sell, lease, sub-license or distribute, or otherwise make available the Site and/or Content to third parties in any way;
  • To Use the Site and Content in accordance with the purpose described in these Terms of Use.

The Company shall not be held liable for any use of the Site contradictory to the above by the User.

The Company reserves the right, at any time and at its sole discretion, to suspend or remove access to the Site to one or more Users and to take all measures against them, if the Company considers that such User(s) do not comply with the Terms of Use.

5. Hyperlinks

The sites having a hypertext link to the Site are not under the control of the Company, consequently, the latter declines any responsibility (notably editorial) regarding these sites. In order to understand the practices of these third-party sites, the User is invited to consult their general conditions and their privacy policies.

The Site may contain links to other sites. As these websites are published and managed by third parties, and insofar as the Company has no control over the content published on these websites, the User is prohibited from taking any legal action against the Company in relation to the content of these websites or their use.

Furthermore, the existence of a link between the Site and a third-party site does not mean that the Company approves the content of this website and, in particular, the use that may be made of it. These links are made available to Users to facilitate their Browsing.

6. Intellectual property

Access to the Site confers on Users a personal and non-exclusive right to use and access the Site and its Contents.

All the elements contained on the Site and/or the Site itself are protected by copyright, trademark, design and model law and/or any other intellectual property right.

For the purpose of this section "elements" shall mean, notably: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, models, software, etc.

These elements belong to the Company or are used with the agreement of their owners.

Except for consulting or accessing the Site and/or Content, no other right (license, title, other) is granted to User in connection with the Company's intellectual property rights.

Any reproduction, representation, transmission, broadcast, use, adaptation, modification, incorporation, translation, marketing, in whole or in part by any process and on any medium whatsoever (paper, digital, etc.) is prohibited, without the prior written authorization of the Company. Otherwise it shall qualify as infringement of copyright and/or designs and/or trademarks, or unfair competition.

7. Privacy policy

The Company would like to remind the User of its commitment to apply the obligations of the amended Statute 78-17 of 6 January 1978 relating to information technology, files and freedoms and the provisions of EU Regulation 2016/679 of 25 May 2018 on data protection (hereinafter, the "GDPR") regarding the personal information that the User may be led to communicate to it in the context of its Browsing on the Site.

The Privacy Policy, presented at the following address, details the terms and conditions applicable to the collection and processing of Users' personal data on the Site: Privacy Policy

8. Cookies

When consulting the Site, the technical data that may be recorded, in connection with access to or use of the Site, are the User's Internet Protocol (IP) address and information relating to the configuration (type of machine, browser, etc.) and Browsing (date, time, pages consulted, occurrence of errors, etc.) of the User.

This latter information may be stored, via the User's browser software, in short text files (cookies), subject to the Users' choices, in a dedicated space on the Company's disk and/or its partners process this technical data in a completely anonymous manner, not attaching it to any information enabling the User to be identified, and do not transmit it to third parties.

Each cookie is assigned an anonymous identifier. The cookie file enables its issuer to identify the terminal in which it is stored during the period of validity or registration of the cookie concerned.

The User can configure their browser to be notified when a cookie is activated. This allows the User to reject the use of the cookie or to request the browser to delete the cookie at the end of their visit to the Site. Some services or information may not be accessible depending on the chosen cookie management setting.

For detailed information about cookies used on this site and to manage your preferences, please see our Cookie Policy.

9. Limitation of liability

Users shall access the Site and Content, and use the same to their own risk.

The Site and Content provided "as is" and "as available" without any warranty.

It is the responsibility of the Users to take all the appropriate measures to protect their personal data and/or software saved on their computer equipment or phone device against any infringement.

Each User declares having acknowledged and accepted the characteristics and limitations of the Internet network and, in particular: the functional characteristics and technical performance of the Internet network; problems related to the connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, accessing information made available online, response time required to display, consult, make a query or transfer data in any other way; risks of interruption; lack of protection of certain data against possible misuse or hacking; risks of possible contamination by viruses circulating in the abovementioned networks, etc., for which the Company shall not be held liable.

The Company undertakes to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the Content of which it reserves the right to correct at any time and without notice.

The Company shall not be held liable:

  • In case of interruption, loss, delay or error during data transmission, which are beyond the Company's control;
  • In case messages and/or data are sent to a wrong or incomplete address;
  • In case the Company does not receive data, for whichever reason, or if the data it receives is illegible or impossible to process;
  • In case the User for any reason whatsoever cannot access or use the Site and/or Content;
  • In case connection is interrupted for any reason whatsoever;
  • In case of malfunctions attributable to software, whether or not it is incorporated into the Site or provided with it;
  • In case of improper use of the Terminal and/or in the event of an incident related to the use of the Terminal while using the Site.

The Company shall in no case be held liable for any direct or indirect damage of any nature whatsoever resulting from any use of the Site by Users.

The Company shall in no case be held liable for any damage of any kind caused to Users, their terminals, computer equipment or phone devices, or any data that was saved on them, or any consequences thereof that may affect the Users' personal, professional or commercial activity.

10. Entry into force - Duration

These Terms of use are concluded for an indefinite period from the first access to the Site and for as long as they are applicable under the conditions specified in article 11 below.

11. Modification of the Terms of use

The Company reserves the right to modify, at any time, in full or in part, the provisions of the Terms of use without warning or informing the Users in advance, to adapt them to the modifications of the Services, changes in technology, legislation and caselaw, or when implementing new Services.

Revised Terms of use bearing the modifications shall be made available online. They shall be considered fully accepted by all Users who access the Site after their publication. Therefore, the Company invites all Users to consult the Terms of use on a periodic basis.

Any new Service integrating new technologies or new characteristics that improve the quality of the existing Services shall be subject to these Terms of use, unless expressly provided otherwise.

The continued use of the Site by the User, once informed, after the date of publication of the modified TOU, will be deemed to constitute consent to the new version of the TOU.

12. Confidentiality

Users acknowledge that, in the course of using the Site, they may have access to certain information and documents regarding the Company's activities, projects, technologies, know-how, and/or Services. These confidential information and documents (the "Confidential Information") are of considerable value to the Company; this value would be jeopardized if their content were disclosed to third parties, particularly to competitors of the Company.

Users agree to: (i) not use said Confidential Information in any way, for their own benefit and interest or for the benefit and interest of any third party, except with the express prior agreement of the Company; (ii) protect the confidentiality of said information with the same care as for their own confidential information; and (iii) ensure that all of their employees, collaborators, and any subcontractors comply with this confidentiality obligation.

These obligations of use and non-disclosure do not apply to information:

  • That was already lawfully known to the User before the communication of such information under these terms;
  • That is part of the public domain without a breach of these TOU or fault on the part of the User;
  • That was lawfully received from a third party not subject to a confidentiality obligation;
  • Whose disclosure has been authorized in writing by the Company;
  • That was independently developed by the User; or
  • That must be disclosed by law or by a court decision.

This obligation will remain in effect for a period of three (3) years after the User's first login to the Site, unless the information becomes public through no fault of the User, in violation of this confidentiality obligation.

13. Force majeure

The Company offers no guarantee as to the uninterrupted operation and/or continuity of the Site in the event of force majeure or fortuitous events as defined by the regulations in force, and by the jurisprudence of the French courts.

14. No Assignment

Neither Party may assign any of its rights and obligations under these Terms of Service to any third party except with the other Party's prior written consent.

15. Severability

If any court of competent jurisdiction finds any provision of these Terms of use to be unenforceable or invalid, then the provision shall be ineffective to the extent of the finding, without affecting the enforceability or validity of these Terms of use's remaining provisions.

The Parties shall negotiate in good faith a replacement clause achieving practically the same result.

16. No Waiver

In no event should any failure by either Party to raise a claim in connection with any terms or condition of these Terms of Service or any breach thereof, in any one or more instances, shall be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof.

17. Governing law - Jurisdiction and Venue

These Terms of use will be governed by and interpreted in accordance with the substantive laws of the Republic of France.

Absent an amicable resolution, the competent courts under the appellate jurisdiction of the Court of Appeal of Paris (France) shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.

18. Contact

All questions regarding the Site and/or Content should be sent by email to the following address: data@sparkup.app.