General Conditions of Use of the NextoYou application

Effective date: November 18, 2019

Last update: 10 December 2019

1 – Purpose

The NextoYou Mobile Application enables Users who are available, in a given place and at a given time, to be able to connect and exchange information around common interests or to respond to a current need.

The purpose of these General Terms and Conditions is to define the terms and Conditions of Use of the ser- vices offered by the Application as well as to define the rights and obligations of the parties in this context.

These Terms and Conditions of Use are accessible and printable at any time via the application menu as well as via the associated website.

2 – Application and Services Operator

Mr Jérôme Alexandre acting in the name and on behalf of NextoYou SAS.

NextoYou SAS was registered on 17/05/2019 at the Registry of the Rennes Commercial Court under SIRET 850 908 765 000 17.

The NextoYou company can be contacted at the following address:

Postal address: 2 rue de la Mabilais 35000 Rennes E-mail address: hello@nextoyou.org

3 – Access to the Application and Services

The Application and the Services are accessible to any natural person aged at least 16 years old and having full legal capacity to enter into a commitment under these General Terms and Conditions.
A natural person who does not have full legal capacity cannot access the Application.

The Application and Services are intended for individuals as well as professionals.

4 – Registration on the Application

To use the Services, Users must register on the Application.

Thus, the User is able to enter a valid e-mail address, a pseudonym of his/her choice and to protect his/her account with a secure password.

The User must accept access to the camera as well as to the gallery in order to best illustrate his/her profile.

The User must accept the principle of being geolocalised, out of a service necessity, when declaring his avai- lability.
Geolocation enables NextoYou to propose to the user the people available around him.

The User has the possibility to accept notifications from the Application.
Notifications allow you to be informed of a request for contact as well as of the acceptance of the request in question.

5 – Description of services

5.1 – Filling in the profile

In order to make the most of the opportunity for mutual aid :

The User is able to fill in his or her current « Needs« . These Needs represent the expression of the needs of the moment.

Also with the aim of enhancing the sharing of knowledge:

The User can then fill in his « Skills« . The Skills express the passions around which he enjoys sharing.
Finally, the User has the possibility to fill in his « 
Curiosities« . The Curiosities are the centres of interest around which the User would be enthusiastic to be able to exchange.

5.2 – Declaring yourself available

Once the profile has been filled in, the User has the possibility of declaring himself/herself « Ready to connect« .

The User, once Ready to connect, is then located.
He can, from that moment, choose the
proximity of the other users he wishes to meet. He can choose from the following proximity: 100m, 500m, 1km or 5km.

The « Ready to Connect » User will then be able to see other Users, also ready to connect, in his vicinity.

5.3 – Status of Users

Available, with a flash displayed above the profile photo of the potential contact person. Already logged in, stipulated above the profile picture of the potential contact person.

If no mention is made above the photo of the potential contact person, the User has already made a re- quest.
Indeed, only one meeting request can be made at a time.

5.4 – Triggering the meeting

The User can thus send an invitation to meet to the User of his choice.

The invited User is notified and is also informed about the Application of this invitation. The invited User has the possibility to accept or decline this invitation.

If the invited User accepts, an instant messenger opens and allows both Users to greet, introduce them- selves, locate and describe themselves so that they can meet in real life.

Once the two Users are face to face, the Application asks for confirmation of the meeting and then of- fers to close the e-mail.

5.5 – Reporting a user

If a user notices another user posting or stating abusive or offensive content, he or she has the opportunity to report it.
Once reported, the user is then deactivated and no longer appears.
The Administrator has the right to reactivate or delete the user in question within 24 hours.

5.6 – No longer declaring themselves available

Once the Ready to Connect status is deactivated, the User is no longer located and no other person can see him/her in the list of possible matches.

5.7 – Disconnection

The User also has the possibility to completely exit the application by selecting the logout feature accessible on the profile page.

6 – Free service

The acquisition of the Application and access to the Services provided by NextoYou are free of charge for Users.

7 – Data

As part of their registration, Users provide NextoYou with personal data. This data is managed within the framework of the Privacy Policy, in accordance with the legal provisions in force.

NextoYou undertakes to take all reasonable measures necessary to secure and protect personal data collected and processed by it.

NextoYou databases are hosted and secured in Europe, at Google in Frankfurt.

8 – Obligations of Users

Without prejudice to the other obligations set out herein, Users undertake to comply with the following obli- gations:

Users undertake, in their use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

Users acknowledge that they are aware of the Application of the characteristics and constraints, particularly technical, of all the Services.

They are solely responsible for their use of the Services and in particular for the relations they may establish with other Users and the information they communicate to them within the framework of the Services. It is up to them to exercise the appropriate prudence and discernment in these relations and communications.

Users also undertake, in their exchanges with other Users, to respect the usual rules of politeness and courte- sy. They also refrain from any inappropriate behaviour towards other Users.

Users undertake to make strictly personal use of the Services. Consequently, they shall refrain from assi- gning, conceding or transferring all or part of their rights or obligations hereunder to a third party in any way whatsoever.

Users are informed and accept that the implementation of the Services requires them to be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.

9 – Prohibited behaviour

9.1 – NextoYou Users are strictly prohibited from using the Services for the following purposes:

For commercial purposes if it has no commercial partnership contract with Nextoyou. All descriptions, or highlighting of its activity (logo, website, mobile application, email address, postal address, facebook groups, groups on any social network) this content will be automatically deleted by our team. The person will then be notified by email. If the user does not respect this choice he can be banned from the Nextoyou application.

the exercise of activities that are illegal, fraudulent or infringe the rights or safety of third parties, breach of public order or violation of the laws and regulations in force.

Intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,

the sending of unsolicited emails and/or canvassing or commercial solicitation, manipulations intended to improve the referencing of a third party site,

aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities descri- bed above,

the sale of services,
the distribution of advertising content,

and more generally any practice that diverts the Services for purposes other than those for which they were designed.

It is strictly forbidden for Users to copy and/or hijack the concept, technologies or any other element of the Nextoyou site for their own purposes or those of third parties.

9.2 – The following are also strictly prohibited:

Any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services,

any intrusion or attempted intrusion into Nextoyou’s systems,

any diversion of the site’s system resources,

any action likely to impose a disproportionate burden on the latter’s infrastructure,

any breaches of security and authentication measures,

all acts of a nature to infringe the financial, commercial or moral rights and interests of Nextoyou or the users of its site, and more generally,

any breach of these terms and conditions.

9.3 – It is strictly forbidden to monetize, sell or concede all or part of the access to the Services, as well as the information hosted and/or shared therein.

9.4 – It is strictly forbidden to register on Nextoyou if the user is under 16 years of age. Our team gives itself the right to delete the account in the opposite case. An email will be sent to the user to inform him/her that his/her account has been deleted.

10 – Penalties for non-compliance

10.1 – In the event of failure to comply with any one of the provisions of these General Terms and Conditions of Use or more generally, infringement of the laws and regulations in force by a User, Nextoyou reserves the right to take all appropriate measures and in particular to :

10.2 – Suspending or terminating access to the User’s Services, who committed or participated in the breach or infringement, delete any content posted on the site,
publish on the site any information message that Nextoyou deems useful, notify any authority concerned, 
initiate any legal action.

11 – Acceptance of the T&Cs

Your access to or use of the Application, whether as a private individual or as a professional, implies Your express and unreserved acceptance of: the present GCU, all of NextoYou’s other policies, including but not limited to Nextoyou’s policies concerning privacy, accessible at all times from the home page of the Nextoyou website.

If You do not accept the Conditions, You simply must not use the Nextoyou Service.

You acknowledge and accept that Nextoyou considers Your use of the Nextoyou Service as an acceptance of the Conditions.

Nextoyou may, at its sole discretion, modify the Conditions at any time. Although we try to advise You in the event of major changes to these Conditions, it is Your responsibility to regularly read the latest updated ver- sion, which will always be accessible from the home page of the Nextoyou website. If You disagree with the modified Conditions, Your only recourse is to no longer use the Nextoyou Service. Your use of the Nextoyou Service after the date of publication of the modified Conditions will constitute Your acceptance of the latter.

You must not use the Nextoyou Service if You are not of legal age to contract with Nextoyou, or You are an individual who is prohibited or otherwise legally deprived from benefiting from or using the Nextoyou Ser- vice under the laws of the country in which You reside or from which You access or use the Nextoyou Service.

If You are not a private individual, You guarantee Nextoyou that You hold all the rights, authorisations and powers necessary to accept the Terms, in the name of the company, society, association or any other entity on whose behalf You use or access the Service.

12 – Intellectual property

All elements of the Site and the Application are protected by copyright, trademark law and/or any other in- tellectual property rights. These elements are the exclusive property of NextoYou.

The name and brand NextoYou, the logos, designs and models, stylised letters, figurative marks, and all the signs represented on the Site and the Application are and will remain the exclusive property of Nextoyou.
No title or right whatsoever to any element of the Site and the Application shall be obtained by downloading or copying elements of the Site and the Application.

It is strictly forbidden for the User to reproduce, publish, edit, transmit, distribute, display, remove, delete, add to, modify or do any work based on the Site and the Application, the elements of the Site and the Appli- cation or any related software, nor to sell or participate in any sale related to the Site and the Application.

Nextoyou grants the User a non-exclusive licence to use the Site and the Application. This licence is strictly personal and can in no case be assigned or transferred to any third party whatsoever.

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) used by Nextoyou within the site and the Applications are protected by all intellectual property rights or the rights of the database producers in force.

All deciphering, decompilation, extraction, reuse, copy and more generally, all acts of reproduction, repre- sentation, distribution and use of any of these elements, in whole or in part, without the authorisation of Nextoyou are strictly forbidden and may be the subject of legal proceedings.

13 – Our responsibility as a service provider

By virtue of its status as Service Provider, Nextoyou is not bound by any general obligation to monitor the content put online on the Nextoyou Service, and is not subject to any obligation to actively search for facts or circumstances showing the illicit nature of a content.
You accept that your Use of the Nextoyou Service is at Your sole risk and remains under Your exclusive res- ponsibility.

Nextoyou can in no case be held responsible for malfunctions, inherent to the nature of the Internet, in the access and/or use of the Nextoyou Service, for any breach of its obligations caused by a case of force majeure or by a fortuitous cause. Unless explicitly indicated otherwise in the present document, Nextoyou does not grant You any guarantee of any kind, express or implicit, in any field, including and in particular as regards the guarantee of suitability for a particular use or others.

14 – Applicable law and jurisdiction

The present general conditions are, for their validity, interpretation and execution, subject to French law.

Any disputes to which the GCU may give rise, or which may be the result or consequence thereof, and which cannot be settled by a transaction will be subject, to the extent permitted by the applicable legal provisions, to the exclusive jurisdiction of the competent courts.