Table of Contents
PREAMBLE............................................................................................................................ 1
DEFINITIONS............................................................................................................................ 2
1. REGISTRATION AND CONDITIONS OF ACCESS TO APPLICATION SERVICES...... 3
1. Access and registration conditions for services................................................................ 3
1.1 Subscription conditions for services............................................................................ 4
2. DETAILS OF SERVICE FEATURES........................................................... 4
2.1 Description of services.................................................................................................... 4
2.2 Free services................................................................................................................ 5
2.3 Paid services................................................................................................................ 6
3. SERVICES............................................................................................................................... 7
3.1 Our obligations in terms of service levels............................................................. 7
3.2 General and fundamental obligations applicable to the User................................. 7
3.3 User responsibilities........................................................................................ 8
4. RIGHTS GRANTED BY THE USER........................................................................ 8
5. INTELLECTUAL PROPERTY OF VENUS.................................................................... 8
6. PRICING AND PAYMENT TERMS........................................................................... 9
6.1 Payment terms and pricing for paid services........................................................ 9
6.2 Subscription plans and included services....................................................................... 9
6.3 Renewal terms............................................................................................ 9
7. WITHDRAWAL................................................................................................................. 10
8. PERSONAL DATA.............................................................................................. 10
9. ACCOUNT DELETION.............................................................................................. 10
10. SUBSCRIPTION CANCELLATION.............................................................................. 11
10.1 At the User's initiative......................................................................................... 11
10.2 At Venus's initiative................................................................................................... 11
11. ENFORCEMENT OF TERMS.................................................................................................. 11
12. APPLICATION UPDATES....................................................................................... 11
13. UPDATES TO THE TERMS OF USE...................................................... 12
14. COMPLAINTS.............................................................................................................. 12
15. APPLICABLE LAW........................................................................................................ 12
PREAMBLE
These Terms and Conditions of Use (hereinafter the "T&Cs") are entered into between Venus (hereinafter "Venus") and any person having the status of user of the Venus application (hereinafter "the User").
Venus provides a mobile application whose main purpose is to facilitate meetings between people for personal, recreational, and non-commercial purposes through a set of services available within the application.
By creating an account in the Venus application, the User acknowledges having been informed of these T&Cs and agrees to comply with them. They take effect upon validation of the User account and remain applicable throughout its period of validity.
DEFINITIONS
Subscription: A paid service allowing the User to benefit from all the features included in the chosen subscription plan.
User Account: Results from the completion and registration of a set of mandatory information required to create an account on the Venus application.
A User Account is personal and accessible by entering an email address and a password previously set by the User when creating their account.
It allows access to certain features of the application for the purpose of meeting other people.
Profile: A personal space linked to a User containing all information relating to that User. A profile must include a username that distinguishes it from other profiles for other Users.
Username: An identifier chosen by the User at the time of account creation. May refer to a first name, nickname, or any other reference chosen by the User.
A username is unique.
Services: A set of application features allowing interaction with other Users.
User: Any natural person who has agreed to these T&Cs and the Privacy Policy and has certified being of full legal capacity at the time of registration.
REGISTRATION AND CONDITIONS OF ACCESS TO APPLICATION SERVICES
Access and registration conditions for services
Downloading and registering for the Venus application is free. Any fees other than those for Subscriptions are not attributable to Venus and will remain entirely the responsibility of the visitor or User of the application.
Acceptance of these T&Cs by a natural person of full legal capacity, along with the registration of all required information in the registration form, grants that person the status of User of the application.
The User must provide a valid email address and phone number in order to confirm the creation of their User account via an SMS confirmation.
A User may only have one email address and one phone number.
Once the required information has been provided and the User account confirmed, the User may complete their profile by entering additional information about themselves and up to a maximum of 4 photos.
All information entered in the profile is automatically visible to all Users of the application.
The email address, phone number, and date of birth remain confidential and are only visible to the User themselves.
The public disclosure by a User of another User's confidential information mentioned above is prohibited by Venus.
The User can access their account using a personal username and password, which they agree to keep confidential.
A User whose account has been deleted at Venus's initiative for breach of the T&Cs, or who has received multiple reports from other Users for inappropriate behaviour, may not create a new User account using the same credentials as their previous blocked or deleted account.
Identity Theft
Venus does not have the technical or legal means to verify the identity of persons registering as Users.
In the event of suspected identity theft, the person presumed to be a victim must immediately notify Venus via the email address contact@venus-dating.com.
We therefore cannot guarantee the actual identity of Users and cannot be held responsible for any harm or fraud resulting from identity theft or any related damage.
Disclosure of Confidential Information
The User consciously defines the scope of visibility to other Users of their personal and/or sensitive information.
If the User discloses their confidential information, they remain solely responsible for any use that may be made of it by third parties.
Venus may only be held responsible for the disclosure of confidential information in cases of technical failure attributable to Venus and where that failure is the direct cause of the data breach.
Subscription Conditions for Services
The User has the option to subscribe to a subscription plan that provides access to features that a non-subscribed User would not be able to benefit from.
They will thus benefit from the features specific to the chosen plan, the details of which are shown for each subscription plan prior to subscription.
In order to subscribe to one of the subscription plans, the User must first log in to their account and select the plan of their choice, then enter their payment details to validate the payment.
After confirmation of receipt of payment by one of our service providers, the User instantly and without delay benefits from the features included in the chosen subscription plan.
Payment validation formalises and validates adherence to the paid services and unconditional acceptance of these T&Cs.
Payment is made through one of our payment service providers (Apple or Google depending on the User's OS). By using their services, the User accepts their respective terms and conditions.
Subscriptions are fixed-term contracts renewed under the same conditions at the end of their initial term, unless terminated by either party under the conditions set out in Article 10 "Cancellation".
Subscriptions are paid according to the terms and conditions imposed by our service providers.
The User may not hold two subscription plans simultaneously; they must first cancel their current plan before subscribing to a new one.
DETAILS OF SERVICE FEATURES
Description of Services
Venus offers an application designed to facilitate meetings between people for personal, recreational, and non-commercial purposes through a set of available services.
The services made available by Venus to all its Users, whether subscribed or not, are not intended to organise real-life meetings between Users, offer seduction advice, or organise matrimonial services aimed at establishing a lasting union or marriage.
In the event that the Venus application is used by certain Users as a means of arranging physical meetings, phone calls, or events of a similar nature, Venus expressly disclaims any liability that may result from such meetings or events.
If a physical meeting between two Users is planned through our services, we recommend that Users choose a public meeting place and consider bringing someone along.
Any collective gathering or public demonstration organised by Users through our services is strictly prohibited.
Venus cannot be held responsible for any disturbance to public order and its consequences resulting from gatherings or collective events organised by its Users.
We also cannot exhaustively control, moderate, and therefore be held responsible for all information and content of any nature that Users may publish or share.
We do, however, review and validate each photo addition as well as the content of the "About Me" section for each User.
Free Services
Once registered, the User can access a number of services allowing them to view other Users' profiles and show their interest by sending a "Like" represented by a heart, as well as view Users who have visited their own profile.
Registration alone, free without a subscription, does not allow the User to benefit from all services.
These services may differ depending on the subscription plan and may evolve over time.
Instant messaging services are reserved exclusively for subscribed Users.
Users can freely view their theoretical compatibility score with other Users.
As this score is theoretical and calculated based on certain criteria selected by Venus, it does not guarantee that a high compatibility score will allow Users to establish any kind of relationship with other Users.
Likewise, a low compatibility score does not necessarily mean that two Users could not engage in a harmonious and pleasant relationship that may prove fruitful in the future.
Photos
Adding photos to the User profile is optional; however, we strongly recommend that Users add at least one photo in order to increase their chances of being matched.
To ensure a certain quality of service, Venus reviews each photo addition to ensure compliance with the following rules: identification of the User's face only, good quality photo (no blur), non-pornographic and non-exhibitionist photos.
Like
Each User has the ability to send an unlimited number of Likes to express their interest in a profile. A User may not send multiple Likes to the same profile.
Paid Services
Paid services are available immediately after the User's subscription payment has been validated.
Each subscription plan allows the User to benefit from the features described in the subscriptions available within the application.
These services include, among others, instant messaging and the ability to engage in multiple conversations with other users.
When a User sends a message to another User who is currently in an exclusive conversation on Venus, they are informed that the User in question is currently on Venus and will read their message(s) upon their return to Earth (end of exclusivity).
Venus cannot be held responsible for messages sent to one or more Users that go unanswered, except in cases of technical malfunction attributable to Venus.
Users must remain courteous at all times and must not engage in any form of harassment or intimidation towards other Users, under penalty of unilateral account deletion by Venus.
SERVICES
Our Service Level Obligations
Venus commits to making its best efforts to provide Users with a service that complies with industry standards and applicable legislation.
Access to services can only be achieved via a suitable mobile device such as a smartphone with a stable internet connection (Wi-Fi or mobile network) and a minimum required Android or iOS operating version to use the services.
In the event of an internet connection malfunction or a technical hardware failure attributable to the User, we cannot guarantee access to our services and cannot be held responsible for the inability to access them.
Venus may temporarily suspend access to services in order to carry out maintenance, updates, or service improvements.
Where possible and depending on the nature of the work, Venus will inform Users in advance of any planned maintenance that may render services inaccessible for a set period of time.
General and Fundamental Obligations Applicable to the User
By validating the creation of their account, the User agrees to comply with applicable laws, respect the rights and freedoms of other Users, and abide by these T&Cs, under penalty of cancellation and deletion of their account by Venus.
Failure to comply with any of the rules set out below by the User constitutes a contractual breach, giving Venus the right to terminate, without notice, unilaterally, the contract with the User and delete their account:
Respect the intellectual property rights of Venus and those of other Users;
Not to use our services for commercial, propaganda, associative, or professional purposes, but solely for personal or leisure purposes to meet other Users and interact respectfully;
Not to use our services to offer Users acts or services of prostitution or solicitation;
Not to make racist, xenophobic, sexist, insulting, offensive, obscene, or violence- or hatred-inciting statements targeting a community or specific individuals;
Not to copy and distribute the content of all or part of a User profile (personal information, sensitive data, and photos) without their express prior consent and under the sole responsibility of the User who transmitted or granted their authorisation;
Remain courteous in all circumstances and not engage in any acts of harassment or intimidation towards other Users;
Not to send mass messages with the intent to disrupt the proper functioning of the application. In such cases, the User account of the sender will be deleted for violation of the usage rules.
Not to distribute in any manner whatsoever hyperlinks intended to redirect other Users to sources external to the application.
Not to post or distribute photographs of other persons, whether adults or minors, even with their consent. Each User agrees to post only their own photos featuring themselves alone.
User Responsibilities
The User remains solely responsible for the data they publish, view, or transfer through the Venus application.
We cannot be held responsible for content published by Users that redirects to other websites or external sources (hyperlinks in particular).
We ask Users who witness or receive such content to alert Venus directly so that we may intervene as quickly as possible.
RIGHTS GRANTED BY THE USER
The User grants Venus a non-exclusive, royalty-free, worldwide licence to use the intellectual property rights associated with their User account and information disclosed to the public (other Users) for the purposes of the application's services or sub-licensing.
Subject to the provisions of Article 7.1, this licence includes the right for Venus to save, reproduce, represent, adapt, and translate the User's public information for the purpose of providing application services on all digital communication media (application promotion, presentation pages, mailings, etc.).
The User authorises Venus to make modifications to their profile content in cases where such information does not comply with the graphical guidelines of the services or any other communication medium or technical performance requirements.
These rights are granted to Venus for use worldwide and for the entire duration of the T&Cs between the User and Venus.
The User declares and confirms that they hold all the rights and authority required to grant the rights set out in these conditions.
INTELLECTUAL PROPERTY OF VENUS
The following elements are the exclusive property of Venus and, where applicable, its partners: the brand, logos, service names, graphic elements, photographs, animations of the application, as well as the texts included in the application.
The elements listed above may not, without prior agreement from Venus, be used, reproduced, represented, copied, or transmitted, under penalty of legal proceedings.
The rights of use granted by Venus to the User are reserved for exclusively private and personal use and only for the duration of their User account validation.
PRICING AND PAYMENT TERMS
Payment Terms and Pricing for Paid Services
All pricing related to the various subscription plans is described within the application under the "Subscription" section.
Payment is made exclusively by valid credit or debit card, through our application in accordance with the payment methods offered within the application.
Prices are displayed in euros inclusive of all taxes (VAT included). For countries outside the eurozone, a conversion to the currency selected by the User will be applied automatically at the time of payment.
Subscriptions are payable in accordance with the payment terms set and defined by our service providers (Google or Apple depending on the User's OS), who remain solely responsible for the entire payment process.
As such, any request for a refund or query relating to the payment of a subscription must be addressed directly to our service providers.
The User may not hold two subscription plans simultaneously. If they wish to change their subscription plan, they must first cancel their current subscription under the conditions set out in Article 10 "Cancellation".
Subscription Plans and Included Services
The Gold 1, 3, and 6 month plans include the following services:
Unlimited profile visits
Unlimited conversations
Unlimited "Like" sending
View profiles that have sent you a heart
Users who have not subscribed to a plan will not be able to engage in conversations with other users.
Pricing is set freely by Venus and may vary over time.
Renewal Terms
The subscription is automatically renewed for the same duration as the initial period chosen by the User if they do not cancel their subscription from their User account, under the conditions set out in Article 10 "Cancellation".
In accordance with Articles L 215-1 and L241-3 of the French Consumer Code, Venus will inform the User by email of the renewal of their subscription no earlier than three months and no later than one month before the end of the initial Subscription period, including the renewal conditions and the cancellation terms set out in Article 10 of these conditions.
The User may at any time view the expiry date of their current subscription in the "Subscription" section available from their profile.
WITHDRAWAL
Any subscription immediately activates the paid services linked to the selected subscription plan, such as instant messaging, the ability to engage in an exclusive conversation, etc.
This constitutes a provision of services whose performance begins with the consumer's agreement before the end of the statutory 14-day withdrawal period.
The User therefore expressly waives their right of withdrawal in accordance with Article L221-28 paragraph 1 of the French Consumer Code.
PERSONAL DATA
The information provided in the User profile and during registration must be accurate, reflect reality, and relate only to the User who created their account and completed their profile. The User expressly acknowledges full responsibility for the disclosure or dissemination, by them, of their own personal data or that of other Users.
We remind Users that we cannot be held responsible for the accuracy or inaccuracy of the information provided by the User for their own account or on behalf of another person or another User.
We also cannot be held responsible for the consequences resulting from the use of such information.
For more information regarding the use of your personal data, please refer to our Privacy Policy available from the User profile page.
ACCOUNT DELETION
The User may at any time delete their account directly from the application by visiting their profile page.
The User may also request account deletion by sending a request by email to support@venus-dating.com.
In the case of an account deletion request by email, Venus reserves the right to request proof of identity for security reasons.
Account deletion is immediate if initiated from within the application and may take up to 5 business days if the request is made by email and the User's identity is duly confirmed.
After confirmation of account deletion, the User will no longer be able to log in using the credentials of the deleted account. Any active subscription will be automatically cancelled, and no refund can be made following the deletion of the User account.
SUBSCRIPTION CANCELLATION
At the User's Initiative
The User may cancel their plan and stop automatic renewal at any time after subscribing and up to 48 hours at the latest before the expiry date of their current subscription.
The User may do so by going to their profile page, in the "Settings" section and then "My Plan".
The cancellation will only take effect on the expiry date of their current subscription; during this time, they may continue to use the paid services included in their subscription.
A confirmation email will be sent to the User informing them that their cancellation request has been duly processed.
At Venus's Initiative
Venus reserves the right to cancel and permanently delete from the application the account of any User who has not complied with or has breached these T&Cs, without prior notice or entitlement to a refund of their subscription.
The User will be notified by email of the account deletion.
The deletion of the User account shall be without prejudice to any claims for damages that may be made against the User or their successors and legal representatives in compensation for the harm suffered by Venus as a result of such breaches.
ENFORCEMENT OF TERMS
In the event that one or more articles of these terms of use are found to be null and void in light of applicable law, or following a final judicial decision, the remaining articles and provisions shall retain their applicability.
APPLICATION UPDATES
Venus reserves the right to modify its services with the aim of evolving and improving the User experience, whether in terms of features, graphical interface, or bug fixes.
Depending on the settings of the User's Google Play or Apple Store account, our application updates may be automatically installed on Users' devices following their publication on these two platforms.
Otherwise, the User will need to manually approve the download and installation of the update from their Google Play or Apple Store account.
UPDATES TO THE TERMS OF USE
Venus reserves the right to modify these T&Cs in order to adapt them to applicable legislation.
Users will receive an email notification at least thirty days before the publication of the new conditions on the application, in cases where these modifications affect their rights and obligations.
Users who create an account after the publication of the updated T&Cs will be subject to this updated version.
Users who already have an account before the new T&Cs come into force will be required to accept the new T&Cs in order to continue using the application's services.
As the T&Cs are available from the User's profile page, it is the User's responsibility to consult them regularly to stay informed.
COMPLAINTS
Any request relating to the management of the User account or subscription management must be addressed to Venus support at support@venus-dating.com.
For prompt processing of the request, the User must provide all information necessary for the review of their request (identity, dates, facts, evidence if necessary).
APPLICABLE LAW
These T&Cs are governed by French law, without prejudice to the provisions on conflict of laws.
The French language is the language of interpretation.
The User is invited to contact Venus first by email in the event of a dispute, in order to reach an amicable agreement.