IntimApp

1. Definitions of Key Terms

The terms capitalized within these Terms, whether used in the singular or plural form, shall have the following meanings:

• "Application," "the Application," "the Mobile Application," or "the Service": Refers to IntimApp, the mobile application, along with all its features and content developed and operated by Vybees.
• "User," "Your," or "You": Refers to any individual, whether a natural or legal person, who downloads, installs, accesses, or uses IntimApp, regardless of the platform used and whether or not they have created an account.
• "Account": Refers to the personal space created by the user on IntimApp, necessary to access certain features of the application.
• "We" or "Our": Refers to IntimApp and Vybees, the company that develops and operates the IntimApp Application.
• "The Company": Refers to Vybees SARL, the legal entity that develops, manages, and operates IntimApp. Vybees SARL is a company with a share capital of €5,000.00, registered under number 983 446 816 in the National Business Register (RNE), with its headquarters located at 6 rue basse 41350 Montlivault.
• "Third Party": Refers to any natural or legal person other than the user or IntimApp, including business partners or service providers.
• "Cookies": Files or similar technologies used to store information on the user’s device to enhance their experience on the application.
• "Devices": Any Internet-connected device such as a phone, tablet, computer, or any other device that can be used to access IntimApp and use its services.

These definitions apply throughout these Terms and in all communications related to the use of the IntimApp application.

2. License of Use

IntimApp grants you a revocable, non-exclusive, non-transferable, and limited license to download, install, and use the Application strictly in accordance with these Terms and Conditions of Use (hereinafter "Terms"). This license is exclusively intended for your personal, non-commercial use.

These Terms constitute a contract between You and Us, Vybees, the company operating the IntimApp Application. This contract governs all interactions, features, and services accessible via the Application.

By using the Application, You agree to comply fully with these Terms. If You do not accept these conditions, We ask that you refrain from using the Application. Failure to comply with any of the clauses in these Terms may result, at our sole discretion, in the suspension or termination of your Account, as well as the blocking of access to the Application, without prior notice.

You also agree that this license:

• Cannot be sublicensed, sold, or transferred to a Third Party;
• Does not confer ownership rights over the Application or its content, but only a right to use it in accordance with these Terms.

Any violation of the conditions outlined in this section or elsewhere in these Terms may result in the immediate revocation of this license, without prejudice to any other legal remedies We may pursue to protect our rights.

3. Purpose of the Application

IntimApp is a mobile application developed and operated by Vybees with the aim of providing an interactive and private platform dedicated to managing, sharing, and exploring your intimate moments through unique features. The Application allows its Users to:

• Track their intimate moments using interactive geolocation features, including the creation of personal "SweetSpots" on a map. A "SweetSpot" is a specific geographic point placed on the application’s map, either by the User’s exact choice or through the geolocation of the User’s Device. The User can record and view information about their intimate moment, such as duration, date, description, an emoji, or a rating.
• Share and connect with friends in complete confidentiality, within a social experience tailored to each individual’s preferences. Users can add other Users as friends, accept friend requests, and thereby access SweetSpots and associated information.
• Access personalized statistics, allowing them to track and analyze certain aspects of their intimate moments while respecting their privacy.
• Discover random suggestions, such as ideas for positions or moments to explore with their partner. IntimApp provides randomized ideas to enhance your experiences. These suggestions are generated automatically and should not be considered medical or professional advice.

Primary Objectives:

• Provide an innovative and engaging tool for Users to organize and track their intimate experiences privately and securely.
• Enable social interaction among Users while respecting their chosen privacy settings.
• Offer an optimized user experience, enriched with additional features such as statistics or suggested content.

Restricted Use:

• IntimApp is strictly reserved for personal and private use. Any commercial, promotional, or non-compliant use outside the purposes defined here is strictly prohibited without prior express authorization from the Company.
• The Application is not intended to provide medical or therapeutic services, nor to serve as a substitute for professional advice. The information provided on the Application is intended for entertainment purposes only and is exclusively for the use described above and throughout these Terms.

By using IntimApp, the User acknowledges and agrees that the Application must not be used in any context or for purposes contrary to the laws and regulations in force in their country of residence or any other country where they use the Application.

This section clarifies the objectives and limitations of the Application’s use to ensure proper and respectful use in line with the original intentions of Vybees.

4. Access to the Application

4.1 Service Availability

We strive to make the IntimApp Application accessible at all times, subject to interruptions necessary for maintenance, updates, improvements, or other reasons beyond our control, such as technical failures, network outages, or actions by third parties.

We do not guarantee that the Application will be error-free or that it will operate without interruption. In the event of downtime or unavailability, we will make every effort to restore access as quickly as possible, but this does not constitute a guarantee of results.

The Application is available for free download from the "Apple Store" and "Google Play Store."

4.2 Technical Requirements for Accessing the Application

Access to the Application does not necessarily require the creation of an Account, but an Account may be required to access certain features. Whether you have an Account or not, you must have a compatible Device with an Internet connection to access the Application and its services.

Using the Application requires:

• An active Internet connection, the costs of which are borne by the User.
• A Device compatible with the Application.
• An operating system version compatible with the one required by the Application.

We disclaim all liability in the event of technical incompatibility between the Application and the User's Device.

4.3 Age Requirements

The Application is strictly reserved for individuals who are at least 16 years old or have reached the legal age of majority in their jurisdiction. By accessing the Application, you represent and warrant that you meet this condition. We disclaim all liability for the use of the Application by individuals who do not meet this requirement.

If you are a parent or legal guardian and believe that your child is using the Application, please contact us immediately at the following address: direction@vybees.com.

Whether you use the Application with or without an Account, access to the Application’s features is restricted to Users who meet the conditions described in these Terms, under their sole responsibility.

4.4 Access Restrictions

We reserve the right to limit or suspend access to the Application at any time, without prior notice, in the following cases:

• Violation of these Terms of Use;
• Fraudulent or abusive use of the Application;
• Attempts to modify, decrypt, or extract unauthorized data or content from the Application;
• Failure to comply with applicable laws or the rights of third parties.

4.5 Termination of Access

In accordance with Article 7 of these Terms, we reserve the right to terminate or suspend your access to the Application, with or without prior notice, in the event of non-compliance with these Terms or if we believe that your use of the Application could harm our interests, those of our Users, or third parties.

The User may request the deletion of their Account at any time via the settings page in the Application or by contacting support. Account deletion will result in the permanent loss of all associated data, except where retention is required by law.

5. Accounts and Authentication for the Application

5.1 Account Creation

To access certain features of the Application, the User must create an Account. Creating an Account requires the provision of accurate, complete, and up-to-date information, including:

• A valid email address.
• A password that meets the security requirements specified by the Application.
• Any other information required by the Application at the time of registration.

The User is solely responsible for the information provided during Account creation and undertakes to provide accurate, authentic, and up-to-date data. Any false statement or omission may result in the suspension or termination of access to the Account, in accordance with Section 7 of these Terms: "Termination, Suspension, and Account Deletion."

Accounts are strictly personal and non-transferable. A single natural or legal person may hold only one Account, except with the express authorization of the Company.

5.2 Account Monitoring

To ensure a safe and respectful experience on the Application, tools for managing interactions between Users have been implemented. These features include, but are not limited to:

• Blocking other Users: Users can block any other User who violates their boundaries or behaves inappropriately. A blocked User will no longer be able to interact with or access the information of the User who blocked them.
• Reporting: Users can report any suspicious, inappropriate behavior, content, or activity using the dedicated functionality in the Application’s settings. Reports will be reviewed by our team, and appropriate measures may be taken, such as the suspension or deletion of the reported User’s Account, in accordance with our Terms.

We reserve the right, at our sole discretion, to deactivate or delete any Account involved in inappropriate behavior or actions contrary to these Terms.

5.3 Account Security

The security of Accounts is a priority for Us. To this end, we recommend the following measures:

• Password Confidentiality: You are solely responsible for the security of your Account and the associated login credentials. We recommend keeping your credentials confidential and not sharing them with third parties. Sharing login credentials with third parties is strictly prohibited. We cannot be held responsible for any unauthorized use of your Account.
• Notifications in Case of Suspicious Login: If the User suspects unauthorized use of their Account or any other security issue, they must inform Us immediately via the following address: vybees@outlook.com.
• Regular Updates: The User must ensure their password remains secure and update it regularly to prevent unauthorized access.

If these security measures are not followed, We cannot be held responsible for the consequences of unauthorized access to the User’s Account.

Any attempt at unauthorized access, modification of features, or disruption of the Application is strictly prohibited and may result in legal action.

Failure to comply with the obligations defined in this section may result in the suspension or termination of the Account, in accordance with the provisions of Section 7 of these Terms: "Termination, Suspension, and Account Deletion."

6. Logout and Uninstallation of the Application

6.1 Logging Out of the Account

The User may log out of their Account at any time and without notice via the Application’s settings.

However, upon logging out, the User’s profile, as well as certain public data they have shared (such as SweetSpots or details), will remain visible to other Users in accordance with the Account’s settings.

Logging out of an Account does not suspend or terminate an ongoing subscription, and any associated fees will remain due until the subscription expires or is terminated in accordance with the Terms and Conditions of Sale.

6.2 Uninstalling the Application

The User is free to uninstall the Application from their smartphone or any other compatible Device at any time and without prior notice.

It is specified that uninstalling the Application:

• Does not automatically delete the User Account: The Account and its associated data remain stored on our servers, in accordance with our Privacy Policy.
• Does not cancel ongoing subscriptions: Payments will continue to be processed until the formal termination of the subscription.

Uninstalling the Application does not constitute an explicit request for the deletion of personal data or termination of the Account. To permanently delete their Account, the User must follow the procedure described in the Article regarding Account Deletion.

7. Termination, Suspension, and Account Deletion

We reserve the right, at Our sole discretion, to terminate or suspend Your access to all or part of the Application, Your Account, or any associated services, at any time and for any reason, including, but not limited to, the following:

• 1. Violation of the Terms: If You fail to comply with these Terms and Conditions of Use or any other applicable rules or policies regarding the use of the Application.
• 2. Fraudulent or Abusive Behavior: In the event of fraudulent, abusive, or improper use of the Application or its features.
• 3. Voluntary Deactivation: At Your explicit request, if You wish to close or deactivate Your Account.
• 4. Legal Obligation or Administrative Decision: If a law, regulation, or judicial or administrative decision requires the suspension or termination of Your access to the Application.

In the Event of Termination or Suspension, you agree that:

• You will no longer have access to Your Account or certain features or content of the Application.
• All data, files, content, or information associated with Your Account may be permanently deleted in accordance with Our Privacy Policy.
• No refunds, compensation, or indemnification will be due to You for services or features that You can no longer access as a result of termination.

Termination Notification

Whenever possible, We will attempt to notify You of any decision to terminate or suspend Your access via email or other appropriate means, unless prevented by law or an emergency situation.

Termination by the User

You may request the termination of Your Account at any time and stop using the Application by contacting Us at the following address: vybees@outlook.com. Once Your request has been processed, You will no longer have access to Your Account or its associated data.

Limitation of Liability

We shall not be held liable to You or any Third Party for any termination or suspension of Your access to the Application or any related content or services.

By continuing to use the Application after being notified of a suspension or termination, You expose Yourself to additional penalties, including, but not limited to, legal action.

Inactive Account Deletion

Any Account inactive for a continuous period of 1 year is subject to deletion. An Account is considered inactive if all of the following criteria are met:

• No Contact with Application Servers: The User’s Application has not established contact with IntimApp servers (due to the absence of an Internet connection, for example).
• Prolonged Inactivity: The User has not used the IntimApp Application for a continuous period of 12 months.
• Non-Premium Status: The User does not have any active subscriptions granting access to additional features on IntimApp.

In such cases, the User will be notified of the intended deletion of their Account with 30 days' notice via a push notification or email.

The consequences of Account deletion are as follows:

• Permanent loss of access to the Account and its associated data.
• Inability to recover information or content linked to the Account after deletion.
• Deletion will be performed in accordance with the Privacy Policy and applicable laws concerning the management of personal data.

8. Financial Terms, Free and Paid Features

Access to the Application is provided free of charge to Users, excluding subscription costs with mobile operators, Internet connection fees, and any additional charges for data usage.

8.1 Free Features

The IntimApp Application offers several features accessible free of charge (excluding hardware, software, connection, and telecommunication costs) to all Users. These features include, but are not limited to:

• Creation and Management of SweetSpots: Add your intimate moments to an interactive map for easy retrieval, including a description, date, location, duration, an emoji (3 emojis are available for free), and a rating.
• Starting a SweetSpot.
• Position Suggestions: Access a limited number of position suggestions to try with your partner. The number of free suggestions may change over time.
• Basic Statistics: View general information about your activity.
• Limited Social Features: Share your SweetSpots with friends and view those they choose to make public. Search for and add friends.
• Access to the Interactive Map: Navigate the map to see your SweetSpots or those shared by your friends. Access details of your SweetSpots and those of your friends if permitted by their settings.

These features are offered without any financial commitment. However, their availability may change over time, and We reserve the right to modify or remove free features at any time, in accordance with Section 13: "Modifications and Updates to the Application."

8.2 Paid Features

Certain premium features require a subscription or a one-time payment. These features include, but are not limited to:

• Advanced Suggestions: Full list of intimate position recommendations to enrich your moments.
• Map Markers: The ability to customize all markers displayed on your interactive map with a unique marker. This element can be customized from the user profile page.
• Emojis: Access to an expanded panel of emojis usable when adding a SweetSpot.
• Removal of Certain Ads: A reduced-ad experience with fewer interruptions. Some advertisements will remain visible even with a subscription.
• Application Customization: The ability to customize the application's main color from your profile page.

Access to these features is subject to fees, the details of which are outlined in Our Terms and Conditions of Sale (TCS). The TCS also provide information about pricing, payment terms, subscription renewal conditions, and withdrawal rights.

8.3 Withdrawal Rights and Refunds

Withdrawal rights and refund requests for paid features are governed by the laws applicable in your jurisdiction. For more information about your rights, please refer to our Terms and Conditions of Sale.

8.4 Feature Modifications

We reserve the right to modify, add, or remove free and paid features at any time to improve the user experience or address technical, commercial, or legal requirements. Users will be informed of these modifications through the version history available on the Application's page in the Apple Store and Google Play Store.

9. Application of the Terms and Conditions of Use (TCU)

9.1 Acceptance of the TCU

By downloading, installing, or using the IntimApp Application, You acknowledge that You have read, understood, and unreservedly accepted these Terms and Conditions of Use. These TCU constitute a contract between You and the Company, Vybees, governing all interactions with the Application and associated services.

If You do not accept the terms of these TCU, We invite You to immediately uninstall the Application and cease all use of the services.

9.2 Modification of the TCU

We reserve the right to modify, supplement, or update these Terms and Conditions of Use (TCU) at any time to reflect legislative, technical, or functional changes to the Application. The modifications will be published directly on this page, and the modification date will be explicitly displayed at the beginning of these TCU. The updated TCU will also be accessible from the Settings page of the Application.

Any modification will take effect upon its publication, unless otherwise stated. By continuing to use the Application after the modifications are published, You agree to the updated TCU.

If You do not accept the updated TCU, You must stop using the Application. We reserve the right to deactivate or delete Your Account in the event of non-compliance with the TCU.

9.3 Compliance with the TCU

The User agrees to comply with all the provisions set out in these TCU while using the Application. In particular, You agree to:

• Not use the Application for purposes contrary to applicable laws or regulations.
• Not attempt to alter, modify, copy, or extract the Application’s source code, in whole or in part.
• Respect the rights of other Users, especially regarding confidentiality and the protection of personal data.

In the event of a violation of these TCU, We reserve the right to:

• Suspend or delete Your access to the Application, with or without prior notice.
• Take any necessary legal action to protect Our rights and interests.

10. User Obligations

As part of the use of the IntimApp Application, the User agrees to comply with all obligations defined below and throughout these TCU. Failure to comply with these obligations may result in the suspension or deletion of the User’s Account, as well as legal action if necessary. Under no circumstances shall the Company or Vybees be held liable for the situations described below or for any other cases, regardless of their nature.

10.1 Compliance with Laws and Regulations

The User agrees to use the Application in accordance with all applicable laws and regulations, including, but not limited to:

• Laws related to privacy and the protection of personal data;
• Laws prohibiting the dissemination of illegal, offensive, defamatory, hate-inciting, or public order-disrupting content;
• Intellectual property laws, particularly by refraining from reproducing, modifying, or distributing protected elements without authorization.

10.2 Accuracy of Information Provided

The User guarantees that all information they provide on the Application, particularly during the creation of their Account, is accurate, complete, and up to date. The User agrees to:

• Not impersonate another person or entity;
• Update their personal information in the event of any changes.

10.3 Protection of Login Credentials and Account

The User is solely responsible for the confidentiality and use of their login credentials for the Application. The User agrees to:

• Not share their login credentials with third parties;
• Immediately notify the Company in case of loss, theft, or unauthorized access to their Account via the following address: vybees@outlook.com.

10.4 Respect for Other Users

The User agrees to respect the rights and dignity of other Users of the Application, particularly by refraining from:

• Sending unsolicited messages (spam), abusive messages, or any inappropriate content;
• Harassing, threatening, intimidating, or harming the moral or physical integrity of other Users in any way;
• Sharing or disseminating confidential or personal information about other Users without their express consent.

10.5 User-Generated Content

The User is solely responsible for the content they publish or share on the Application. Under no circumstances shall the Company be held liable for content generated by Users. The User specifically agrees not to post:

• Illegal content, content inciting violence or hatred, or content infringing on the rights of third parties (intellectual property, privacy, etc.);
• Fraudulent or misleading content intended to manipulate other Users;
• Malicious software or viruses.

This obligation applies, but is not limited to, profile photos and descriptions of SweetSpots created or used by the User.

By submitting content suggestions to Our team, You grant us a non-exclusive license to use this content within the Application's features.

10.6 Personal and Responsible Use of the Application

The User agrees to use the Application responsibly and exclusively for personal and non-commercial purposes. In particular, the User expressly agrees not to:

• Use the Application to transmit illegal, harmful, abusive, threatening, defamatory, obscene, or indecent content;
• Disrupt or attempt to disrupt the normal functioning of the Application, including hacking attempts or unauthorized access to the Company's systems;
• Circumvent security measures or exploit any vulnerabilities or flaws in the Application;
• Use automated programs, scripts, bots, or any other mechanisms to interact with the Application in an unauthorized manner.

10.7 Prohibition of Misuse

The User agrees not to use the Application for purposes other than those outlined in the Application’s Objective, specifically for:

• Unauthorized commercial purposes;
• Dissemination of unsolicited or unauthorized advertisements;
• Collection of personal data from other Users without their consent.

10.8 Reporting Abuse

The User agrees to report to the Company any illicit content, behavior, or activity or any non-compliance with these TCU that they may observe on the Application, via the following email address: vybees@outlook.com.

10.9 Acceptance of Risks

By using the Application, the User accepts the inherent risks of using a digital platform, including potential service interruptions, incompatibilities, or malfunctions. The Company shall not be held liable for any indirect damages, loss of profit, or harm resulting from the use or inability to use the Application.

10.10 User Responsibility

The User is solely responsible for the consequences of their actions on the Application, particularly for the content they publish, share, or transmit. The Company shall not be held liable for the actions or statements of Users on the Application.

Vybees reserves the right to suspend or terminate the User's access to the Application in the event of non-compliance with these obligations, without prejudice to any action for compensation for any damage suffered.

11. Limitations and Exclusions of Liability

In addition to the provisions stated in these TCU, Vybees shall not be held liable in the following circumstances:

11.1 Responsible Use and Risk Limitation

The IntimApp Application is designed solely for recreational, personal, and reasonable use. Vybees disclaims any liability for abusive, reckless, or excessive use of the Application by a User, particularly in cases of:

• Attempts to surpass other Users or achieve results deemed excessive, dangerous, or harmful to their physical, mental, or emotional health;
• Actions endangering the physical or mental integrity of the User or third parties.

Challenges, statistics, or rankings offered within the Application should under no circumstances be interpreted as incitements to endanger oneself or engage in risky behaviors. Each User is responsible for ensuring that their activities comply with applicable laws, safety rules, and personal limits.

In case of doubt about their physical or mental ability to participate in an activity, the User is encouraged to consult a qualified healthcare professional.

11.2 Disclaimer for Physical or Mental Consequences

Vybees and the IntimApp Application disclaim all liability for bodily injuries, property damage, emotional distress, or death resulting directly or indirectly from the use of the Application, including but not limited to:

• Participation in activities inspired or motivated by challenges, rankings, or activity suggestions within the Application;
• Risky behaviors or irresponsible actions initiated by the User;
• Overuse of the Application's features leading to physical, emotional, or mental exhaustion.

The User acknowledges that using the Application is solely at their own risk and that they are fully responsible for their decisions and actions. Vybees encourages Users to adopt a moderate approach and respect their personal limits.

11.3 Consultation of Professionals

IntimApp does not replace the advice or recommendations of a qualified healthcare professional or counselor. If a User experiences negative effects, such as physical injuries or emotional distress, related to the use of the Application, it is their responsibility to immediately consult a competent professional. Vybees disclaims all liability for negligence in this regard.

12. Geolocation

12.1 Geolocation Functionality

The IntimApp Application includes geolocation features that allow Users to locate and record their SweetSpots on an interactive map.

These features require access to the location services of the Device used by the User. This consent is explicitly requested during the installation or initial use of the Application.

12.2 User Consent

By enabling geolocation, the User consents to the Application collecting, processing, and using their real-time location data as part of the offered services. If the User disables geolocation via their Device or Application settings:

• Certain features of the Application, such as adding SweetSpots, may be limited or inaccessible.
• Previously recorded location data will remain accessible in the User's Account unless explicitly requested for deletion.

12.3 Management of Location Data

The location data collected by the Application is used solely to provide and enhance the services offered by IntimApp. We are committed to:

• Protecting this data in accordance with our Privacy Policy.
• Not sharing or selling location data to third parties without the User's explicit consent, except as required by law.

Location data is retained only for the duration necessary to perform the services or as required by applicable legal obligations.

12.4 User Responsibilities

The User is responsible for:

• Enabling or disabling geolocation features as needed.
• Ensuring the accuracy of location settings on their Device.

By using the geolocation features, the User acknowledges that:

• The accuracy of location data depends on the quality of GPS services and the network connection of their Device.
• IntimApp cannot be held responsible for any damage, errors, or inaccuracies in location data caused by technical limitations or improper use. The User has the right to modify the position when adding a SweetSpot to correct any inaccuracies in their Device's geolocation.

12.5 Limitations of Liability Related to Geolocation

While we strive to always provide accurate geolocation information, we do not guarantee absolute accuracy of the geographical information collected or displayed by the Application. We cannot be held liable for:

• Geolocation errors caused by technical limitations, Device malfunctions, or interruptions from third-party services (such as GPS, mobile operators, or Internet networks).
• The improper use of location data by the User or by third parties with whom the User has shared this information.

In the event of geolocation services being disabled, IntimApp disclaims any responsibility for limitations or interruptions to the services resulting from such deactivation.

13. Modifications and Updates to the Application

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Application, its features, or any associated services, with or without notice, without any liability to You or any third party. These modifications may include, but are not limited to, changes in design, features, or access to the offered services.

We may, from time to time, provide updates to improve or fix existing features of the Application. These updates may include, among other things, patches, enhancements, upgrades, or additions of new features (hereinafter referred to as "Updates").

You acknowledge and agree that:

• 1. No Obligation to Update: We have no obligation to provide You with these Updates or to continue supporting a specific version of the Application.
• 2. Integration into the Application: All Updates will be considered an integral part of the Application and will be subject to these Terms of Use.
• 3. Compatibility: You are responsible for maintaining a device and operating system compatible with the Application and any potential updates.

By using the Application after the implementation of these modifications or updates, You expressly accept the new terms associated with them. If You do not agree to the changes, You must immediately cease using the Application.

14. Communication with the User

14.1 Push Notifications

Users may receive push notifications through the Application to stay informed about important events related to the services. These notifications may include, but are not limited to:

• A notification signaling a new event on the interactive map;
• A notification about a new friend request or acceptance;
• An alert with personalized suggestions or recommendations;
• An important update regarding the functioning of the Application;
• Reminders or invitations to explore new features or content.

Users can adjust their preferences for push notifications at any time from their Account settings. This includes enabling, disabling, or limiting the receipt of notifications.

14.2 Informational or Promotional Emails

Users may receive informational or promotional emails related to the Application, including but not limited to:

• Activity reminders or performance tracking updates;
• Announcements about new features, updates, or promotions;
• Invitations to participate in events or surveys organized by the Company.

Users can unsubscribe from these communications by clicking on the unsubscribe link included in each email.

14.3 Protection Against Unwanted Communications

The Company strives to secure communications with the User. However, in the event of receiving unwanted or fraudulent emails purportedly sent by IntimApp:

• The User is advised to remain vigilant and not provide personal or sensitive information in response to such emails.
• The User must immediately report any suspicious communications to the following email address: vybees@outlook.com.
• The Company disclaims any responsibility for the fraudulent use of its contact details by malicious third parties.

14.4 User Commitment

The User agrees to provide valid contact information and to update it in the event of any changes. The Company cannot be held liable if the information provided is inaccurate, preventing the User from receiving necessary communications.

15. Intellectual Property of the Application

15.1 Ownership of Rights

The IntimApp Application and all of its components, including but not limited to texts, graphics, user interfaces, photographs, videos, sounds, logos, databases, algorithms, designs, trademarks, features, and any other content or information (hereinafter referred to as the "Protected Elements"), are the exclusive property of the Company, Vybees, or its potential partners or licensors.

All intellectual property rights related to the Application and the Protected Elements are reserved. Their use is strictly governed by these Terms of Use.

15.2 License

Using the Application does not grant the User any ownership rights to the Protected Elements. The User is granted a personal, non-exclusive, non-transferable, and revocable license strictly limited to the use of the Application within its functionalities and for personal, non-commercial purposes.

Any use not compliant with this license constitutes a violation of these Terms of Use and may result in the suspension or deletion of your Account, without prejudice to any legal actions We may take.

15.3 Usage Restrictions

Unless prior written authorization is obtained from the Company, You agree not to:

• Copy, modify, reproduce, publish, display, transmit, distribute, sell, assign, lease, or commercially exploit, in any way, all or part of the Protected Elements;
• Disassemble, decompile, or reverse-engineer all or part of the source code or algorithms of the Application;
• Use the Protected Elements to create derivative works or directly or indirectly compete with the Application.

15.4 Reporting Violations

Any unauthorized use of the Protected Elements may constitute a violation of the intellectual property rights of the Company or its partners. If you observe any unauthorized use or violation of the Protected Elements, you are encouraged to report it to us at the following email address: vybees@outlook.com.

15.5 Trademarks and Logos

The trademarks, logos, trade names, and other distinctive signs used in the Application are the exclusive property of the Company or its partners. Their use without prior written authorization is strictly prohibited.

15.6 User-Generated Content

If you publish or share content via the Application (such as reviews, descriptions, suggestions, or comments), you:

• Guarantee that this content complies with third-party rights and applicable laws;
• Retain ownership of your content while granting us a global, free, non-exclusive, and transferable license to use it in connection with the operation, promotion, or improvement of the Application.

15.7 Sanctions for Non-Compliance

Any violation of the provisions of this article exposes the User to legal action, including but not limited to copyright infringement, and may result in the suspension or termination of their access to the Application.

Vybees reserves the right to take legal action to protect its intellectual property rights and seek compensation for any damages incurred.

15.8 Credits

The Application uses emojis and other icons created by third parties, including those available on Flaticon, in accordance with their license. The copyrights for these elements belong to their respective creators. You can find the Application Credits on our website or via the settings page of the Application at any time.

15.9 Copyright Infringement Notification

If you are a copyright holder or an authorized agent acting on their behalf and believe that content on our Application constitutes a violation of your copyright, please contact us and provide the following information so we can process your request:

• 1. A physical or electronic signature of the copyright owner or the person authorized to act on their behalf.
• 2. A detailed description of the copyrighted work that you believe has been infringed.
• 3. A clear identification of the content you believe is infringing or violating your rights, including its precise location within the Application (e.g., a link or screenshot).
• 4. Your complete contact information, including: o Full name; o Postal address; o Phone number; o Email address.
• 5. A statement made in good faith indicating that You believe the use of the content in question is not authorized by the copyright owner, their agent, or applicable law.
• 6. A declaration confirming that the information provided in the notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the copyright owner.

Where to Send Your Notification?

Notifications can be sent to the following address:

• Email Address: vybees@outlook.com

Once your notification is received and validated, we will conduct a thorough review and, if necessary, remove or disable access to the content in question. At our sole discretion, we may also suspend or disable the account of the user responsible for the alleged violation.

16. Protection of Personal Data

We place the utmost importance on protecting our Users' personal data. We are committed to complying with applicable data protection regulations, including the General Data Protection Regulation (GDPR) for users located in the European Union, as well as any other data protection regulations applicable in your jurisdiction.

If you notice a potential breach of data protection regulations on our part, you agree to contact us at vybees@outlook.com to report the potential breach. We will make every effort to address and correct this issue as quickly as possible, though no specific timeframe can be guaranteed.

For complete information about the collection, processing, and storage of your personal data, we invite you to consult our Privacy Policy, which is directly accessible through the Application or on our website. The Privacy Policy outlines your rights as well as the measures we have implemented to ensure the confidentiality and security of your data. By using IntimApp, you accept our Privacy Policy.

17. Limitation of Warranty

The Application and its contents are provided "as is" and "as available", without any express or implied warranties of any kind. To the extent permitted by applicable law, we disclaim all express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that:

• The Application will meet your expectations perfectly;
• Access to the Application will be uninterrupted, secure, error-free, or bug-free;
• The information provided through the Application will be accurate, complete, reliable, or updated in real time;
• Any defects will be corrected.

You acknowledge and agree that your use of the Application is at your own risk. You are responsible for any damage to your device or loss of data that may result from your use of the Application, except in cases of willful misconduct on our part.

We cannot be held liable for any direct or indirect harm resulting from:

• Access to or the inability to access the Application;
• Use of or the inability to use the Application;
• Decisions made or actions taken based on the information contained within the Application;
• Technical failures, interruptions, or defects related to the Application or any third-party service.

Users are also informed that certain features or information within the Application may depend on services or content provided by third parties. In such cases, we cannot guarantee the continuity or quality of these third-party services and disclaim any responsibility for their failure or malfunction.

If you experience any issues or have questions about using the Application, we encourage you to contact us directly at vybees@outlook.com for assistance.

18. Third-Party Services

The Application may integrate, display, or provide access to content, services, or products provided by third parties, such as, but not limited to, data, information, applications, or services offered by external platforms (hereinafter referred to as “Third-Party Services”). These Third-Party Services may also include links to third-party websites or applications. Examples of these Third-Party Services include, but are not limited to:

• Google Maps: Used to provide the interactive map and its associated features.
• Google AdMob: Used to display advertisements within the Application.
• Firebase: Used for authentication management, data storage, and other infrastructure-related services for the Application.
• RevenueCat: Used to manage subscriptions and payments within the Application.

Responsibilities Related to Third-Party Services

1. We do not guarantee nor are we responsible for the quality, accuracy, completeness, legality, timeliness, validity, or compliance of the content and services provided by third parties.

2. You acknowledge and agree that we disclaim all liability regarding:

• Malfunctions, interruptions, or errors related to the use of Third-Party Services;
• Losses, damages, or harm resulting from your interaction with these Third-Party Services;
• Third-party content or practices, including their compliance with applicable laws.

Use and Sharing of Data with Third Parties

By using the Application, you agree that some of your data may be transmitted to or used by these Third-Party Services in accordance with their respective policies. We encourage you to review their terms and privacy policies:

Google Maps:

• Terms of Use: https://cloud.google.com/maps-platform/terms
• Privacy Policy: https://policies.google.com/privacy

Google AdMob:

• Policies: https://admob.google.com/home/policies/
• Privacy Policy: https://policies.google.com/privacy

Firebase:

• Privacy Policy: https://firebase.google.com/support/privacy

RevenueCat:

• Privacy Policy: https://www.revenuecat.com/privacy
• Terms of Use: https://www.revenuecat.com/terms

Use at Your Own Risk

Your access and use of Third-Party Services are at your own risk and subject to the terms and conditions of those third parties. We are not responsible for any limitations or restrictions imposed by these services, nor for updates or changes to their terms. We recommend reviewing their terms of use and privacy policies before using them.

External Links

The Application may contain links to external websites or services. These links are provided for convenience and do not constitute an endorsement or recommendation by us. We have no control over these websites or services and cannot be held responsible for their content, security, or use.

Removal of Third-Party Services

We reserve the right to modify, suspend, or remove any content or service related to third parties at any time and without notice, without incurring any liability on our part.

19. Disclaimer

The IntimApp Application offers recreational features, such as performance statistics or position suggestions. These features are provided "as is," without any guarantee of suitability for your physical or mental capacities. Users should interpret these suggestions with discretion and in consideration of their own limits and those of others.

Vybees does not provide any guarantees or professional advice regarding physical or mental health. For any health-related concerns, it is recommended to consult a qualified professional.

20. Severability

If any provision of these Terms and Conditions of Use (TCU) is deemed invalid, void, or unenforceable for any reason by a competent court, that provision will be considered severable from the other provisions of the TCUs.

The invalidity of this provision will not affect the validity or enforceability of the other provisions of these TCUs, which will remain in full force and effect.

In such a case, the invalid or unenforceable provision will be replaced by a valid, legal, and enforceable provision that reflects as closely as possible the original intent of the invalidated provision, in accordance with the purpose and structure of these TCUs.

21. Contact

For any questions, complaints, or requests regarding these Terms and Conditions of Use or the use of the IntimApp Application, you can contact us at the following address:

• Email: vybees@outlook.com

We are committed to responding to your requests as quickly as possible, though we cannot guarantee a specific processing time.

If you wish to report a technical issue, malfunction, or submit your suggestions, please use the aforementioned contact methods. We are also available to answer any questions regarding privacy and data protection.

Please contact us before taking any legal action, so that we may attempt to resolve your issue amicably and promptly.

22. Governing Law and Jurisdiction

These TCUs are governed by French law.

In the event of a dispute regarding the interpretation, execution, or validity of these TCUs, the parties agree to seek an amicable resolution before initiating any legal proceedings. To do so, you may contact us at direction@vybees.com.

Any dispute or claim relating to the enforcement or interpretation of this regulation that cannot be resolved amicably will be submitted to the competent court within the jurisdiction of the Court of Appeal covering the location of Vybees’ registered office.

This clause does not deprive users of their right to benefit from the protective legal provisions applicable in their country of residence, particularly for consumers residing within the European Union.

By using the IntimApp Application, you expressly agree to these stipulations and acknowledge their binding nature.

23. Language

In the event of any discrepancies between the English and French versions of these Terms and Conditions of Use, the French version shall prevail.

Made in VINCENNES, on November 30, 2024.