The Groupp application (hereinafter the “Application”) is a mobile application available on smartphone via the Apple Store and the Play Store, the purpose of which is to connect “Users” around interests, places and events.

Users under the age of eighteen (18) are not permitted to use the Application's Services.

The Application offers a social networking service based on multidirectional search filters, functioning as a social and business discovery platform allowing users to connect with one another and gather around activities and destinations, in places and/or cities, to communicate with one another, to publish and/or share content, and to discover other Users, alone or in groups.

The Application is neither a dating or matrimonial introduction agency, nor a professional event organizer, nor a physical security provider in connection with meetings between Users. The Company guarantees neither the relevance of meetings, nor compatibility between Users, nor the achievement of any social, relational or professional outcome.

WARNING - FREE VERSION: as of the effective date of these General Terms of Use, the Application is offered entirely free of charge. No subscription, payment, transaction, commission or purchase is required or applicable under this version.

Any reference to additional features or services that may be offered at a later date is provided for information purposes only and will only take effect once the corresponding features are activated, at which point they will be subject to specific terms. Users will be informed at least 15 days before such features are activated.

LEGAL NOTICE

In accordance with articles 1701/1 et seq. of the former Belgian Civil Code, the User is informed that, in the context of the free use of the Application, the consideration for the provision of the Services consists of the communication and processing of the User's personal data under the conditions described in the Privacy Policy, available on the website https://legal.groupp.app/EN/privacy.html/ or via the Application under: Menu > Privacy Policy

These General Terms of Use apply to any User of the Application, whether acting as a consumer, a non-professional or a professional within the meaning of the Consumer Code, subject to the General Terms of Use for Professionals applicable to the latter.

1. Definitions

• Activity: Refers to an activity created in a Place by a User or a group, comprising one or more Users present following their confirmation.

• Application: Refers to the Groupp mobile application published by the Company, available on smartphone via the Apple and Google Stores.

• Archive : Refers to the action of archiving a Group so as to render it inactive and invisible to any User who is not a member of that group, for an indeterminate period.

• User Account: Refers to the personal account created by the User to access the Application's features, associated with a mobile phone number validated by a one-time code (OTP).

• General Terms of Use: Refers to these general terms of use, which must be accepted by the User in order to use the Application, and which govern the terms of use of the Application and the Services.

• General Terms of Use for Professionals: Refers to the specific general terms of use applicable to the use of the Services in a professional capacity.

• Connection: Refers to the mutual relationship established by common agreement between two Users within the Application, granting access to certain interactions, information, features or content.

• Content: Refers to any content published on the Application, whatever its nature (text, image, video, links, etc.) and whatever the medium.

• Creator: Refers to the User who created a Group on the Application, who has specific management rights, particularly with regard to managing members, creating Activities and/or Destinations, and the associated content and communications.

• Destination: Refers to a stay planned in a city by a User or a Group, comprising one or more Users present following their confirmation.

• Personal Data: Refers to all data corresponding to personal data, as defined in the General Data Protection Regulation (“GDPR”).

• Element: Refers to any object created by a User within the Application, such as a Group, an Event, an Activity, a Destination or a Place. Elements contain Content.

• Event : Refers to an event created by a User within the Application, comprising at least one participant and which may be associated with an address or a Place.

• Explore: Refers to the area of the Application allowing the User to search for and/or discover Users, Groups, Events, Cities and Places using filters, distinct from the News Feed area. The detailed operation of this area is described in the Application Guide.

• News Feed: Refers to the personalized area of the Application in which the User views Content published and Elements created by Users with whom they are connected, and entities they follow.

• Group: Refers to the main Element created by a User in the Application, allowing several Users to gather around shared interests, in order to Connect with other Groups, create Activities and/or Destinations, take part in Events and discover Places.

• ID: Refers to the unique identifier automatically generated by the Application when the User Account is created, visible to other Users.

• Place: Refers to a page representing a place, establishment or venue, private or commercial, created within the Application by a User or an Organization.

• Personal Data Protection Laws and Regulations: Refers to European Regulation No. 2016/679 on the protection of natural persons with regard to the processing of personal data (“GDPR”) and all applicable laws and regulations relating to personal data protection.

• Hide : refers to the feature allowing the User to stop displaying a Group, an Activity, a group destination, an Event and/or a Place on their profile, without this resulting in its deletion.

• Messaging: refers to the area of the Application allowing the User to exchange private messages and share content with other Users, in groups, between groups, or with participants in an Event.

• Means of Access: Refers to any IT and electronic communication means required to allow the User to access the Services, such as a smartphone and Internet access.

• Notification : refers to the informational message sent to the User in their Profile's notification center and, subject to their prior authorization, displayed on their smartphone's lock screen.

• Organization: Refers to a legal entity using the Application as part of its professional activity in order to offer and promote services related to an Event or a commercial Place.

• Organizer: Refers to the User who created an Event within the Application, who has specific management rights, particularly with regard to managing participants, and the associated content and communications.

• Referral: Refers to the conditional mechanism for accessing the Application. A User wishing to create a Profile must first have a referral code or referral QR code sent to them by an existing User, or otherwise wait on a waiting list until an access right is granted by the Company. The referral requirement is mentioned in all of the Company's commercial communications relating to the Application. Access to the Services via the waiting list is subject to review and validation by the Company, which reserves discretionary power to accept or refuse, with no obligation of result or of any timeframe other than that set out in the “Retention periods” Article of the Privacy Policy. Failure to validate within a period of one (1) year results in deletion of the Profile concerned. This deletion, resulting from the expiry of the waiting period and not from any failure on the part of the User, constitutes neither a deactivation for breach within the meaning of this Article, nor a ban. The User retains the ability to request access to the Services again following the same procedure, with no waiting period. The Company reserves the right to accept or refuse access after reviewing the request, in particular in the event of failed identity verification or suspected fraud. Details of the various referral arrangements and how the waiting list works are described in the Application Guide. Registration on the waiting list confers no right of access to the Application, no right to Profile validation, and no right to subsequently benefit from the Services. The Company remains free to accept or refuse a request for access in accordance with these General Terms of Use.

• User Profile or Profile: Refers to the personal space specific to each User, comprising mandatory and optional information voluntarily provided by the User and visible according to the privacy settings defined by the Application and accepted by the User.

• Owner: Refers to the User who created a Place on the Application, who has specific management rights, particularly with regard to managing Events, Content, bookings and the associated communications.

• Services: Refers to all of the services made available to Users via the Application, defined in particular in the “What Services are provided?” Article.

• Company: Refers to the company GROUPP EUROPE SA, registration number 0797.502.722, whose registered office is located at Avenue Louise 231, 1050 Brussels, Belgium.

• Store: Refers to any mobile application download platform operated by a third party, such as Apple's App Store or Google's Google Play Store, allowing the User to download the Application.

• Follow (“Follow”): Refers to the action allowing a User to follow a User or a Group without necessarily establishing a Connection. Following does not confer the same access rights as a mutual Connection.

• User: Refers to any adult natural person (18 years or older) holding a User Account created on the Application.

2. What is the purpose of these General Terms of Use?

• Purpose. The General Terms of Use are a contract entered into between the User and the Company upon access to and use of the Application. The purpose of the General Terms of Use is to define the conditions under which the User is authorized to use these Services.

• Compliance with the rules. The Company grants the User access to the Services on condition that the User complies with all of the provisions set out in the General Terms of Use.

3. For what duration are the General Terms of Use concluded?

These GTU take effect as of the creation of the User Account and remain applicable for as long as the Application is used, including after termination or deletion of the Account for the post-contractual effects expressly provided for herein (in particular the articles relating to intellectual property, personal data and competent jurisdiction).

4. What are the prerequisites for using the Services?

• Referral. In order to create a Profile and access the Services, the User must first be referred by a referral code or referral QR code sent to them by another User, or otherwise wait on a waiting list until an access right is granted by the Company. The referral requirement is stated in all of the Company's commercial communications relating to the Application. Access to the Services via the waiting list is subject to review and validation by the Company, which reserves discretionary power to accept or refuse, with no obligation of result or of any timeframe other than that set out in the “Retention periods” Article of the Privacy Policy. Failure to validate within a period of one (1) year results in deletion of the Profile concerned. This deletion, resulting from the expiry of the waiting period and not from any failure on the part of the User, constitutes neither a deactivation for breach within the meaning of this Article, nor a ban. The User retains the ability to request access to the Services again following the same procedure, with no waiting period. The Company reserves the right to accept or refuse access after reviewing the request, in particular in the event of failed identity verification or suspected fraud. Details of the various referral arrangements and how the waiting list works are described in the Application Guide. Registration on the waiting list confers no right of access to the Application, no right to Profile validation, and no right to subsequently benefit from the Services. The Company remains free to accept or refuse a request for access in accordance with these General Terms of Use.

• Be at least 18 years old: Only adults, aged eighteen (18) or older, are entitled to create a User Account and use the Services. When creating the User Account, the User provides their date of birth and explicitly confirms, by checking a dedicated box, that they are 18 years of age or older. This declaration is stored with a timestamp as documentary evidence. In the event of a false declaration regarding age, the Company reserves the right to immediately delete the User Account and erase all data collected, without prejudice to any available remedies. The Company implements reasonable measures to verify that Users are adults and undertakes to strengthen this verification mechanism prior to any large-scale rollout of the Application.

• Authenticity of information. The User undertakes to provide information that is accurate, truthful, up to date and that does not infringe the rights of third parties when creating and using their User Account. The use of a false identity, identity theft, or the creation of misleading accounts is prohibited.

• Have the necessary skills and suitable Means of Access: The User acknowledges having the necessary skills and suitable Means of Access to access and use the Services. The User is personally responsible for putting in place the Means of Access and knowledge required to use the Services.

• Not having previously held a User Account deactivated by the Company for breach : By creating their User Account, the User declares that they have not previously held a User Account that was deactivated or deleted by the Company due to a breach on their part.

• No professional use. A User wishing to use the Services in a professional capacity undertakes to first connect an Organization to their Account. The General Terms of Use for Professionals apply to the use of the Services in that context.

• Compliance with regulations: The User undertakes to comply with all legislation, regulations and procedures applicable to them, both with regard to access to the Application and use of the Services.

• Sanction for failure to meet the prerequisites: Depending on the severity of the breach, the Company may suspend or delete the User Account under the conditions described below, thereby ending the Services.

5. How do I access the Services?

• Access to the Services: Access to the Services is conditional upon creating a User Account via the Application, available for download on the Apple App Store and the Google Play Store. Under the free version of the Application, no subscription or payment is required.

• Means of Access and downloading the Application: The User accesses the Services using their Means of Access by downloading and installing the latest version of the Application from a Store, with (i) sufficient storage space on their Means of Access and (ii) an up-to-date operating system compatible with the Application.

• Creating a User Account and a Profile. To access the Services, the User must create a User Account and a Profile. The Account is validated by means of a one-time code (OTP) sent to the mobile phone number provided by the User. Certain information is mandatory when creating the Account and Profile, in particular that required to verify the User is an adult and to provide the Services. Other information remains optional and may be provided, changed or deleted by the User depending on the features available in the Application and the settings chosen by the User. Details of the information requested, the associated privacy settings and the visibility arrangements are described in the Privacy Policy and the Application Guide. The information, features and settings available in the User Profile may evolve as the Application is developed.

• Device access permissions. Certain features of the Application may require access to certain features or data on the User's device, in particular geolocation, camera, contacts or calendar, subject to the permissions granted by the User via their device or Application settings. Some permissions are necessary for specific features to work, while others remain optional. Refusing or disabling certain permissions may limit access to certain features of the Application. Further information regarding permissions, their purpose and the data concerned is available in the Privacy Policy and the Application Guide.

• Sensitive data. Certain information voluntarily provided by the User in their Profile may be likely to reveal sensitive data within the meaning of applicable personal data protection regulations. Conditional visibility mechanisms are put in place to limit the exposure of such data, in particular depending on the relationships between Users and the privacy settings chosen. In addition, certain data not directly visible on the Profile may be subject to indirect visibility as part of how the Application operates, in particular via Notifications sent to connected Users. The User remains free to provide, change or delete this information depending on the features available in the Application. Details of the data concerned, its processing and the associated safeguards are described in the Privacy Policy.

6. What Services are provided?

1. Description of the Services: The GROUPP Application is a social discovery platform allowing Users to connect around interests, Activities, Places, Destinations and Events, interact with one another, share Content and discover other Users, Groups, Events and Places. The Application offers in particular:

• the creation and customization of a User Profile;

• the publishing and sharing of Content;

• connections and social interactions between Users;

• Messaging features;

• the creation, management of and joining of Groups;

• the creation, organization of and participation in Events;

• the creation of Activities and Destinations for a User or a Group

• the creation of a Place

• browsing User Profiles, Groups, Events, Cities and Places via the Application's search and suggestion features.

• the User's agenda

• the User's content and connection management network

• the News Feed of connected Users

Details of how these features work are described in the Application Guide.

The Company provides the User with the Services on a best-efforts basis. The Services offered by the Application may evolve, be modified, suspended or removed at any time, in particular in order to improve the User experience, security, performance or features of the Application.

1. Control tools. The Application provides the User with tools allowing them to manage their interactions and the visibility of their Elements and Content, in particular:

   • the ability to block another User, limiting direct interactions without guaranteeing complete invisibility in the Application's shared spaces;

   • the ability to report another User in the event of inappropriate behavior, suspected malicious use, or failure to comply with these General Terms of Use;

   • the ability to report a Group or an Event in the event of inappropriate content, non-compliance with these GTU, or suspected fraudulent or abusive use;

   • the ability to Hide certain Elements and Content that the User has created.

Details of how these tools work are described in the Application Guide.

2. Freezing the User Profile. The Application offers the User the option to freeze their User Account. Freezing makes the User's Profile and all of their data temporarily invisible within the Application. No data is deleted during the freeze period. The User may unfreeze their Account at any time. Unfreezing makes the Profile visible again and restores access to the associated features. Details of the freezing and unfreezing arrangements are described in the Application Guide. In addition to the User's ability to freeze their own Account, the Company reserves the right to temporarily freeze a User's Profile, in particular as part of a moderation action, an investigation relating to a report, or suspected non-compliance with these GTU. Freezing does not result in any data deletion. The User is informed of the freezing of their Profile by notification, unless doing so is likely to compromise an ongoing investigation.

3. Algorithmic suggestions. The Application offers the User suggestions of Content, Profiles, Groups, Events, Cities and Places via their News Feed, their network and Explore. These suggestions are determined by parameters including in particular the User's interactions, interests, favorite Activities, favorite Destinations, preferred cities and Places, browsing within the Application, geolocation and Connections within the Application. The User may change certain personalization settings from their Account settings. Details of the suggestion criteria and settings options are described in the Application Guide.

4. Status. The Application assigns the User an evolving Status (Blue, Gold, Platinum) reflecting their referral activity, the terms for obtaining which are described in the Application Guide. Status is a recognition and gamification feature; it confers no vested right, contractual benefit or right to compensation. The Company reserves the right to change the thresholds, mechanisms for obtaining or losing Status, at any time, without notice, subject to informing the User via the Application. Statuses are personal, non-transferable and have no patrimonial, financial or monetary value. They do not constitute a vested right to the continuation of any particular feature of the Application. The Company may modify or remove the Status mechanism in accordance with the “Evolution of the Services” Article.

5. Evolution of the services. The Company reserves the right to modify, improve, temporarily suspend or remove all or part of the Application's features, provided such changes are not substantial within the meaning of these General Terms of Use. Such changes are inherent to the development of a digital service and do not constitute a breach of these General Terms of Use. For the purposes of this Article and the “In what cases are the General Terms of Use terminated?” Article, a substantial change means, in particular, any change resulting in the removal of an essential feature of the Services, a change to the business model applicable to the User, or a significant degradation in the quality or availability of the Services.

6. Availability of the Services: The Company makes its best efforts to give the User access to the Application and the Services 24 hours a day, 7 days a week, except in the event of:

• Force majeure as defined in the “Force majeure” Article,

• Unavailability due to maintenance, whether corrective or evolutive, or a security risk,

• An unforeseeable and insurmountable act of a third party to the General Terms of Use,

• An act attributable to the User,

  1. Updates (software). The Company provides the updates necessary to maintain the Services' compliance throughout the period of use of the Services. The User undertakes to install any updates offered to them without delay. Failing this, the Company cannot be held liable for any resulting non-compliance to the extent that the failure to install the update is the cause of the malfunction observed.

7. What are the User's main obligations when using the Services?

At all times, throughout the period during which the Services and the Application are used, the User undertakes to comply with the following commitments:

• Good faith and compliance with regulations: The User undertakes to comply with the laws and regulations applicable to them when using the Application. The User undertakes to act in good faith, with loyalty and respect towards the Company and other Users.

• Accuracy of information: The User undertakes to provide personal information that is accurate and up to date. When registering and at any time while using the Application, the User undertakes to update the data and information concerning them. As such, they guarantee the truthfulness, accuracy and completeness of the information provided and will be solely liable for any error, omission, breach or failure to update.

• Compliance with intended purpose: The User undertakes to use the Services in accordance with the intended and reasonably expected purpose of the Application.

• Security of the access code (OTP): The User undertakes to take all necessary precautions to keep it confidential, secure and correctly used, in order to prevent it from being disclosed to or used by unauthorized third parties. In the event of fault or negligence, the User is solely liable for the use by any other person of their OTP access code and, in particular, for all transactions carried out via their User Account. Any connection to the Application via the User Account and/or any data transmission carried out using the User Account will be presumed to have been made by the Account holder and under their sole responsibility. In the event of fraudulent use of their OTP access code, the User undertakes to inform the Company in writing as soon as possible, by email to: support@groupp.app

• Intellectual property: The User undertakes to respect the intellectual property rights relating to the Application (its components, in particular its software elements, its visual identity, and its databases) and to the Services, held by the Company and, where applicable, any other third parties, under the conditions set out in particular in the “How are the Application and its components protected under intellectual property law?” Article.

8. What rules apply to Content?

Users may publish, share, send, store or make accessible various Content within the Application. Each User remains solely liable for the Content they publish, the information they share, the interactions they initiate and, more generally, any activity carried out from their User Account. The Company does not exercise systematic prior control over Content published by Users. Content published by Users does not necessarily reflect the Company's opinions, positions or recommendations.

The applicable terms are described below:

• Publication of Content by the User: Any publication of Content by a User is carried out under their sole responsibility, whether it takes place within the Application or, for Content whose external sharing is made possible by the Application, outside of it. The User is free to publish Content of their choice, subject to complying with the rules set out in the “What are the User's main obligations when using the Services?” and “What uses of the Services are prohibited?” Articles. The User undertakes, in particular, to be the author of the Content published or to hold the required authorizations and rights, not to publish Content infringing the rights of Users, third parties or the Company, in particular intellectual property rights and personal rights, and not to publish Content that is illegal, misleading or fraudulent.

• Visibility of Content by other Users. Content is visible to other Users according to the privacy settings defined by the User. Details of the visibility options are described in the Application Guide.

• License to use Content: The User is deemed to own the Content they publish or to hold the required rights and authorization. By publishing Content, the User grants the Company a non-exclusive, worldwide and royalty-free license to use the Content, for the sole purpose of providing the Services, including the right to host, reproduce, distribute and display the Content to Users of the Application, as well as the right to carry out technical adaptations strictly necessary for such provision (in particular resizing, compression and format conversion). This license does not grant the Company the right to substantially modify the Content, to create derivative works from it for its own editorial purposes, or to transfer this license to third parties other than the Company's technical providers acting on its behalf in connection with the provision of the Services. For the duration during which the Content is online, the license ending when the Content is permanently deleted. The User may delete a piece of Content individually via the Application or all Content by deleting their User Account.

• Ranking of Content in the News Feed: Content appears in the News Feed based on the following parameters, presented in chronological order: (i) the latest posts from connected Users, subject to the visibility settings selected, (ii) posts and updates to photo albums, Activities, group Destinations, Events and Places of connected Users, (iii) the User's geographic location, and (iv) the interests entered in the User's Profile. The User may change certain personalization settings from their Account settings.

• Ranking of Content in Explore: Suggestions appearing in Explore are determined based on the following parameters, presented on the basis of the location or geolocation of Users, Groups, Events, Cities and Places: (i) Users not connected, (ii) Groups the User is not a member of, (iii) Events the User is not attending, all Cities and Places suggested by the application (which will add to these at its discretion), and (iv) the User's geographic location.

• Commercial collaborations by the User : If the User publishes advertising or commercial Content as part of a partnership or collaboration with another entity (in particular influencer activity), they undertake to indicate explicitly, legibly and identifiably on the Content whether it is an advertisement or commercial partnership and the name of the advertiser, whether the image has been retouched to slim a figure or alter a face, and whether it is an image produced by artificial intelligence. Failure to comply with these obligations exposes the User to the penalties provided for by the Belgian Code of Economic Law and applicable regulations on unfair commercial practices and advertising.

• Moderation and delisting of Content: In order to ensure a safe and respectful environment for all Users, in compliance with the General Terms of Use and applicable laws, the Company reserves the right to remove or delist non-compliant Content and to apply sanctions, such as suspension or termination of the General Terms of Use resulting in deletion of the User Account. The User may challenge the Company's decision by sending a request to the Single Point of Contact under the conditions specified in the “Contact us – Single point of contact” Article.

9. What uses of the Services are prohibited?

Generally speaking, the User shall not, in any manner whatsoever, be (or attempt to be) the cause, including through omission or negligence, of any fault, error, failure or unlawful act, of any kind whatsoever, likely to cause or causing harm, of any nature whatsoever, to the Company, Users or third parties.

• Violation of a legal, regulatory or contractual provision: When using the Services, the User shall not, in particular:

• violate, in any way whatsoever, any legal or regulatory provision applicable to them,

• violate, in any way whatsoever, any contractual provision applicable to them under the General Terms of Use.

• Infringement of the rights of others: When using the Services, the User shall not, in particular, in any way whatsoever:

• harm, or attempt to harm, or cause prejudice, or attempt to cause prejudice, to the Company, or, more generally, to a third party (including another User), in any manner whatsoever and in particular via the Application, for example by committing acts of unfair competition, free-riding, harm to reputation or image, disparagement, infringement of third parties' intellectual property rights, or acts infringing privacy,

• publish or attempt to publish private or confidential information about another person without their authorization, or process (including by publishing and storing) another person's Personal Data in a manner that does not comply with the Personal Data Protection Laws and Regulations,

• commit or attempt to commit any criminal offense(s), including without limitation: counterfeiting, identity theft, forgery and/or use of forged documents, etc.,

• transmit, upload to the Application, display, in any manner whatsoever and by any technological means whatsoever, any Content that is illegal, fraudulent, harmful, abusive, threatening, insulting, harassing, disparaging, unfair, tortious, defamatory, racist, antisemitic, vulgar, obscene, revisionist, homophobic, insulting, pornographic, involving child sexual abuse, contrary to public decency, infringing a person's privacy, or hateful, offensive or shocking from a racial, ethnic, religious or other standpoint.

• Prohibited conduct: When using the Services, the User shall not, in particular, in any way whatsoever:

• fail to comply with the obligations set out in the “What are the User's main obligations when using the Services?” Article,

• publish or relay Content, including via Messaging, that is unlawful, infringes on third parties, is threatening, insulting, discriminatory, contrary to public decency, or contrary to the General Terms of Use, in particular the “What rules apply to Content?” Article,

• impersonate a real or fictitious third party,

• lie about their identity or age,

• disclose their OTP access code to a third party, granting access to their User Account, or otherwise give a third party access to their User Account and the Services.

• Misuse of the Services: When using the Services, the User shall not, in particular, in any way whatsoever:

• misuse or attempt to misuse all or part of: their User Account, the Application, the Services, or any other element to which the User may have access, for purposes other than those for which they are intended,

• attempt to carry out or carry out any action, in any form whatsoever, that is fraudulent and/or unlawful in nature, for example, attempting to make or making, directly or indirectly, fraudulent and/or unlawful use of all or part of: their User Account, the Application, the Services, or any other element to which the User may have access,

• exploit or commercialize all or part of: their User Account, the Application, the Services, or any other element to which the User may have access, in any manner whatsoever (for example: sale, licensing, rental, transfer, etc.), without the Company's express authorization. This prohibition also covers the sale, assignment or transfer, for consideration or otherwise, of the User Account (including the username and login credentials) and/or any data obtained through use of the Services,

• attempt to copy or copy, in any manner whatsoever, without the Company's prior written authorization, all or part of the Application (in particular by scraping), or any other element to which the User may have access,

• collect or attempt to collect information, or access it without authorization, whether in an automated manner or not, in particular by creating multiple User Accounts.

• Harm to the operation of the Application and/or the Services and to security: When using the Services, the User shall not, in particular, in any way whatsoever:

• attempt to carry out or carry out, in any form whatsoever, and whatever technology is used, any action that is malicious in nature and/or poses a risk to the operation and/or security of all or part of: their User Account, the Services, the Application, or any other element to which the User may have access, for example:

  • attempt to breach or breach any procedures or rules governing the operation of all or part of the Application, their User Account, the Services, or any other element related to all or part of the Services,

  • attempt to carry out or carry out any action resulting in saturation, or flooding of the servers used to provide the Services,

  • send to the Application, in any manner whatsoever and by any technological means whatsoever, any item containing a virus, trojan horse, worm, or other spyware or malicious code, files or computer programs, for example designed to interrupt, destroy or limit the functionality of any software or computer hardware or any telecommunications equipment involved in the operation of all or part of: the Application, the User Account, the Services, or any other element related to all or part of the Services,

  • attempt to harm or harm the use by a third party (e.g. in particular another User) of all or part of: the Application, the User Account, the Services, or any other element related to all or part of the Services,

  • attempt to probe, probe, attempt to test, or test the vulnerability of all or part of: the Application, the User Account, the Services, or any other element related to all or part of the Services,

  • attempt to breach or breach the security and/or authentication measures of all or part of: the Application, the User Account, the Services, or any other element related to all or part of the Services,

  • attempt to access or access an area, data, programs or information without being authorized to do so by the Company.

• Fake profiles, social manipulation and misleading AI content. When using the Services, the User shall not, in particular, create or use a fake profile or fictitious identity; use automated accounts or data-scraping scripts; send unsolicited commercial or advertising messages; engage in commercial canvassing, multi-level marketing or investment solicitation; assume a social status, profession or brand identity that is not their own; publish Content generated by artificial intelligence without identifying it as such, in particular deepfakes intended to mislead other Users about the identity or physical appearance of their author; create fake Events or fake Places with the aim of misleading or manipulating other Users; or collect or aggregate other Users' personal data for any unauthorized purpose.

• Fraudulent referrals. The User shall not create, have created, or use fictitious, multiple or artificial User Accounts or Profiles for the purpose of obtaining benefits linked to the referral system or to the Application's Statuses. The Company reserves the right to refuse, cancel or withdraw any referral, progression, Status or benefit obtained fraudulently, abusively or contrary to the spirit of the referral mechanism, as well as to suspend or delete the User Account concerned.

• Off-platform conduct. Where the Company becomes aware of abusive or unlawful conduct by a User towards another User met via the Application, including on other platforms or in a physical setting, it reserves the right to review the situation and, where applicable, to take precautionary measures such as suspending or deleting the User Account. This right is exercised proportionately and in compliance with the principle of due process, with the User concerned being given the opportunity to submit their observations before any measure is taken, except in cases of urgency or imminent risk, in accordance with the arrangements set out in the “In what cases are the General Terms of Use suspended?” Article.

The User acknowledges that a violation of the “What are the User's main obligations when using the Services?”, “What uses of the Services are prohibited?” and “What rules apply to Content?” Articles is likely to cause harm to the Company and to any third party concerned, and may result in the suspension or permanent deletion of their User Account.

10. How do I report unlawful Content?

In accordance with Article 16 of the DSA Regulation (EU) 2022/2065, any User or third party may notify the Company of the presence of Content they consider to be unlawful, via:

• The Application:

• By email:

The notification must include: (a) a sufficiently reasoned explanation of the reasons why the Content is considered unlawful; (b) the precise indication of the electronic location of the Content (URL); (c) the name and email address of the notifying party; (d) a statement confirming the notifying party's good faith.

The Company acknowledges receipt of any notification without undue delay. After review, if the Content is deemed unlawful, the Company removes or delists it promptly and informs the notifying party as well as the User concerned, specifying the available remedies (“Contact us – Single point of contact” Article). Any abusive or bad-faith notification engages the liability of its author.

• Reporting a profile suspected of belonging to a minor. Any User who suspects that another User is a minor may report this to the Company via the Application's reporting mechanism or by email to support@groupp.app. The Company conducts a diligent review of the report and may, if the information gathered justifies it, suspend or delete the Account concerned under the conditions set out herein. This mechanism forms part of the child protection obligations imposed by the DSA Regulation (EU) 2022/2065.

11. How does the Application protect minors against sexual exploitation and abuse (CSAE)?

The Application is strictly reserved for adults, in accordance with the “What are the prerequisites for using the Services?” Article. Independently of this access restriction, the Company applies a zero-tolerance policy towards any form of child sexual exploitation or abuse (“CSAE”), including in particular the solicitation or enticement of a minor for sexual purposes (“grooming”), sexual extortion of a minor, trafficking or sexual exploitation of a minor, as well as the production, possession, distribution or promotion of any content constituting child sexual abuse material (“CSAM”), whether or not the person(s) concerned are Users of the Application. This prohibition is in addition to those set out in the “What uses of the Services are prohibited?” Article.

• Reporting. Any User or third party aware of CSAE/CSAM content or conduct within the Application, or a profile suspected of belonging to a minor, may report it to the Company via the Application (Menu > Support > Need help > Report a profile) or by email to support@groupp.app, under the conditions set out in the “How do I report unlawful Content?” Article.

• Handling of reports. Any report or detection of CSAE/CSAM content or conduct is given priority review by the Company. Where the information gathered confirms or makes it likely that CSAE/CSAM content or conduct exists, the Company proceeds, without delay and without prior notice to the User concerned, to: immediately remove the content in question, immediately suspend the User Account concerned, and then, after review, terminate these General Terms of Use and permanently delete the Account, in accordance with the “In what cases are the General Terms of Use terminated?” Article. No prior formal notice or opportunity to remedy applies to these situations, by way of exception to the “In what cases are the General Terms of Use suspended?” Article.

• Reporting to the competent authorities. In accordance with its legal obligations, the Company reports any confirmed CSAM content to the competent authorities, in particular to the dedicated Belgian contact point for combating illegal content online (eCops, Belgian federal police, www.ecops.be), as well as, where applicable, to Child Focus, a Belgian foundation specializing in child protection and a member of the international INHOPE network. Where the information gathered points to a foreign jurisdiction as competent or concerned, the Company cooperates with the authorities or equivalent bodies applicable in that jurisdiction (such as the National Center for Missing & Exploited Children in the United States).

• Dedicated point of contact. The Company has designated a dedicated point of contact for CSAE-related notifications, reachable at support@groupp.app with “CSAE” in the subject line, under the responsibility of its Publication Director. This point of contact is authorized to receive notifications, coordinate enforcement and takedown measures, and liaise with the Stores and competent authorities on child protection matters.

• Data retention. Data strictly necessary for the investigation, judicial proceedings or cooperation with the competent authorities is retained separately and beyond the usual periods, for the duration of the investigation, the proceedings or the applicable legal obligation, in accordance with the “Retention periods” Article of the Privacy Policy.

• Cooperation with the authorities. The Company cooperates with any competent judicial or administrative authority in connection with an investigation relating to a CSAE matter, within the limits and in accordance with the arrangements provided for by applicable regulations.

12. How are Users' Personal Data protected?

In order to use the Services, the User provides Personal Data which is processed by the Company in accordance with the Privacy Policy and the Personal Data Protection Laws and Regulations, which can be consulted on the website https://legal.groupp.app/EN/privacy.html/ or via the Application under: Menu > Privacy Policy

When creating the User Account, the User undertakes to read the Privacy Policy before checking the box confirming their acceptance of the Privacy Policy, which describes the terms of processing of their Personal Data and privacy settings.

13. How are the Application and its components protected under intellectual property law?

• Protection of the Application and its content: The User acknowledges that the following elements, without this list being exhaustive, are protected by intellectual property rights (the “Protected Elements”):

• the Application,

• everything it contains, and in particular:

  • software elements, including source code,

  • interfaces, design and visual identity,

  • content,

  • databases, as well as their presentation, structures, filter systems and data. Databases, as Protected Elements, are protected by copyright and database rights,

  • works (text, graphs, graphics, logos, drawings, images, sound and music, etc.), in any format whatsoever;

  • trademarks.

The Protected Elements are, as the case may be, the exclusive property of the Company or of a third-party rights holder (for example, a third-party service provider or another User).

The User acknowledges that they chose to contract with the Company on account of the originality of its Application, Services and Protected Elements. The User acknowledges the scale of the investments made by the Company to develop the Application, the Services and the Protected Elements, in particular the databases, developments of which it is the initiator. The User acknowledges that, with regard to the databases making up the Application, the Company holds the status of author and producer, and has the rights conferred on it in that capacity by intellectual property law.

• Prohibitions: The User shall not, without this list being exhaustive, in particular:

• reproduce, copy, modify, create a derivative work from, assemble, recreate, distribute, present, perform, broadcast, publicly display, transfer, transmit, publish, sell, assign, sublicense, transfer, make available to a third party, or commercialize, in any manner whatsoever, all or part of the Protected Elements,

• reverse engineer, decompile, adapt, translate, arrange, disassemble or attempt in any way whatsoever to discover the source code of the Protected Elements,

• modify or alter, in whole or in part, the Protected Elements, for example with a view to obtaining unauthorized access to the Services and accessing all or part of the Application by a means other than the dedicated login interface,

• extract, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the databases making up the Application, onto another medium, by any means and in any form whatsoever,

• reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of these databases, in any form whatsoever,

• repeatedly and systematically extract or reuse qualitatively or quantitatively non-substantial parts of the content of these databases beyond normal conditions of use.

The User acknowledges that a violation of the “How are the Application and its components protected under intellectual property law?” Article is likely to:

• constitute an act of infringement and/or unfair competition and/or free-riding causing serious harm to the Company and to any third-party rights holder, and engages the User's liability,

• result in suspension of the User Account or termination of the General Terms of Use leading to deletion of the User Account.

14. In what cases are the General Terms of Use suspended?

Depending on the severity of the breach observed, the Company may, at its discretion: (i) invite the User, via the Application's Support or by email, to modify or delete Content deemed inappropriate, unlawful or dangerous, without suspending the Account; or (ii) directly suspend the User Account, in particular where the severity of the facts, a risk to the safety of others, or the needs of a moderation investigation justify it, without a prior request to remedy the situation being a mandatory precondition.

• Suspension of the User Account: The User's Account may be temporarily suspended in the following cases:

  • In the event of a breach by the User of the General Terms of Use,

  • In the event of use of the Services presenting a significant risk, in particular to the Application, security, other customers and Users, or to the rights of third parties (in particular intellectual property rights),

  • In the event of use of the Services for fraudulent or illegal activities,

Except in cases of urgency or imminent risk, the Company informs the User prior to any suspension, by sending them, on a durable medium, a statement of reasons including: (a) a precise description of the restriction imposed and its scope; (b) the facts and circumstances on which the decision is based; (c) where applicable, an indication that automated tools contributed to the decision; (d) the available remedies (“Contact us - Single point of contact” Article). In the event of urgency or imminent risk, the Company informs the User without delay after the suspension is implemented, with the same information.

Effects of the suspension of the Services: Suspension results in the suspension of all or part of access to the User Account and to the Services for the duration of the suspension.

Duration of the suspension of the Services: Suspension of the Services is temporary and is lifted as soon as the event giving rise to the suspension has been resolved or in the event of termination. Where the suspension occurs as part of a moderation investigation or the resolution of a dispute, only the data strictly necessary for the investigation or dispute concerned is retained beyond the usual periods, for the duration of the investigation or proceedings.

Termination. If the breach continues or is serious, the Company may terminate the General Terms of Use, resulting in deletion of the User Account and the end of the Services.

• User's objection. The User may request information or challenge the Company's decision by sending a request to the Single Point of Contact under the conditions specified in the “Contact us – Single point of contact” Article.

15. In what cases are the General Terms of Use terminated?

• Termination by the User. The User may terminate these General Terms of Use at any time by deleting their User Account from the Application's settings. Termination takes effect on the date the Account is actually deleted.

• Termination by the User for breach: In the event of a breach of these General Terms of Use by the Company, the User must give the Company formal notice to remedy the breach within fifteen (15) days. Formal notice may be sent:

• by email to the address: ;

• by registered letter with acknowledgment of receipt to the address of the Company's registered office indicated at the top of these terms.

If the breach persists upon expiry of this period, the User may terminate these General Terms of Use and proceed to delete their User Account.

• Termination by the Company: In the event of a breach of these General Terms of Use by the User, the Company gives the User formal notice, by any means allowing acknowledgment of receipt, to remedy the breach within fifteen (15) days. If the breach persists, the Company may terminate these General Terms of Use and proceed to delete the User Account.

• Termination for serious breach. In the event of a serious breach by either party, the other party reserves the right to terminate these General Terms of Use automatically, without notice, resulting in deletion of the User Account and the end of the Services. The following will in particular be considered a serious breach by the User:

• registering on the Application while being a minor;

• attempting to misuse the Services or transfer the Services to third parties;

• any illegal or fraudulent use of the Services, or use likely to create a risk for third parties.

• Termination in the event of a substantial change to the General Terms of Use or the Services: The Company reserves the right to evolve the Services and these General Terms of Use in order to improve their operation, security or quality, or to comply with a legal or regulatory obligation. Minor or technical changes do not give rise to a right of termination provided they do not affect the User's essential rights and obligations. On the other hand, where the Company makes a substantial change to the General Terms of Use or the Services significantly affecting the essential characteristics of the Services, the Company informs the User by any appropriate means on a durable medium, at least thirty (30) days before such changes take effect. In this case, the User may refuse the changes and terminate these General Terms of Use free of charge and without penalty before the effective date of the new terms. Failing termination within this period, the User will be deemed to have accepted the new terms.

Confirmation of termination. Where the User has given notice of termination, the Company confirms receipt of the notice and informs the User, on a durable medium and within a reasonable time, of the date on which the General Terms of Use end and of the effects of termination.

• Effects of termination regardless of who initiated it: Deletion of the User Account results in the end of access to the Services as well as to all Content published and exchanges via Messaging. The User shall not attempt to circumvent, by any means whatsoever, a decision to delete their Account, in particular by creating a new Account with different credentials. In accordance with article 1701/13 of the former Belgian Civil Code, the User is informed of the consequences of termination on their personal data under the conditions described in the Privacy Policy. The User may retrieve the data they published on the Application before the Account is actually deleted, in accordance with the arrangements specified in the Privacy Policy under Articles 9 and 9bis.

16. What is the Company's status with regard to Content published on the Application?

• Content edited and published by the Company. The Company is liable for the Content it publishes on the Application in its capacity as publisher of the Application.

• Content published by third parties. With regard to Content edited and published by third parties, the Company acts as a hosting provider and is not subject to a general obligation to monitor hosted Content.

• Intermediation. The Company acts as a publisher for Content it publishes directly on the Application. With regard to Content published by Users or third parties, the Company acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 on a single market for digital services (the “DSA”). As such, the Company is not subject to any general obligation to monitor the information it transmits or stores, nor to any general obligation to actively seek facts or circumstances indicating unlawful activity. The Company benefits from the liability regime applicable to hosting service providers, subject to acting promptly to remove or disable access to unlawful Content as soon as it becomes actually aware of it, in accordance with applicable regulations.

17. What is the scope of liability and what warranties does the Company provide?

• General principle: The Company is responsible for fulfilling its obligations, in particular under the conditions set out and defined in the Articles:

• “What Services are provided?”

• “How do I report unlawful Content?”

The Company's liability may only be engaged in the event of damage caused by proven fault on the part of the Company, outside the cases of exclusion of liability set out below. The limitations and exclusions in this Article are not intended to limit liability or alter the rights of consumers, which cannot be excluded in accordance with applicable legal provisions.

• Exclusions of the Company's liability and warranties: Except where a breach by the Company is the cause of the damage, the Company's liability may not be engaged in the following circumstances (and subject to any contrary legal provisions applicable to the case in question):

• in the event of a breach or negligence on the part of the User regarding the confidentiality of their OTP access code, the User then remaining solely liable for any use, fraudulent or otherwise, by a third party of their Means of Access, their User Account and the Services made by that third party,

• in the event of failure, defect, non-compliance, anomaly, error or malfunction affecting the User's Means of Access and/or communication networks, in particular the communication and telecom networks enabling the User to use the Services,

• in the event of suspension of the Services in accordance with the General Terms of Use,

• in the event of unavailability of the Services under the conditions set out in the General Terms of Use,

• in the event of force majeure and/or circumstances beyond the Company's reasonable control,

• with regard to Content edited or published by the User or another User,

• with regard to messages exchanged via Messaging,

• with regard to infringements of third-party rights arising from Content and messages published, relayed, written, etc. by the User and/or other Users,

• with regard to the content and/or quality of third-party products or services offered to Users on the Application,

• with regard to commercial or other relationships formed between Users through the Services.

• Physical meetings

The Application facilitates interactions between Users, including in a physical setting. Such meetings take place entirely on the initiative of Users. The Company does not physically organize meetings, does not select participants, does not guarantee Users' behavior and does not guarantee any social, relational or professional outcome. The User remains solely liable for their decisions, behavior and interactions outside the Application. The Company recommends that each User exercise their usual caution during any physical meeting with another User, in particular by favoring public places for first meetings and informing a friend or relative of their movements.

• The Company's essential liability. The Company remains liable for the proper performance of the essential obligations set out in the contract.

• Survival. This Article remains fully applicable and survives any nullity, lapse or termination of these General Terms of Use, for any reason whatsoever.

18. Contact us - Single point of contact

• INTERNAL COMPLAINT-HANDLING SYSTEM (Article 20 of the DSA):

In accordance with Article 20 of the European Digital Services Regulation (EU) 2022/2065, the Company provides Users with an internal complaint-handling system, accessible free of charge and electronically.

This mechanism allows the following to be challenged:

• decisions to remove or delist Content;

• suspensions and terminations of User Accounts;

• refusals to act on a notification of unlawful Content.

Complaints should be addressed to the Single Point of Contact:

• Via the Application: Menu > Support > Need help

• By email: support@groupp.app

The Company handles complaints diligently, without discrimination, and communicates its reasoned decision to the User within 15 working days of receiving the complaint.

• OUT-OF-COURT SETTLEMENT (Article 21 of the DSA):

If the internal complaint does not lead to a satisfactory resolution, the User may refer the matter to a DSA-certified out-of-court dispute settlement body.

• TRANSPARENCY REPORT (Article 15 of the DSA)

In accordance with Article 15 of the DSA Regulation (EU) 2022/2065, the Company publishes an annual transparency report on its Content moderation activities.

The first transparency report will be published in accordance with the applicable obligations as soon as the Company is required to prepare such a report.

19. Disputes – Consumer mediator

In the event of a dispute, the User is free to contact the Company in order to seek an amicable solution.

The User may also refer the matter, free of charge, to the consumer mediator with jurisdiction over the Company, namely:

Consumer Mediation Service (SMC)

Boulevard du Roi Albert II, 8 bte 1 — 1000 Brussels
contact@mediationconsommateur.be
mediationconsommateur.be
Referral form: mediationconsommateur.be/introduire-un-dossier

The mediator may be referred to within one year of the first written complaint sent to the Company that has not received a satisfactory response within two months.

Referral to the mediator does not preclude legal action, within one year of the written complaint sent to the professional.

The consumer mediator must be referred to either:

• by completing the form provided for that purpose on the website of the Consumer Mediation Service: mediationconsommateur.be/introduire-un-dossier;

• or by post to Consumer Mediation Service, Boulevard du Roi Albert II, 8 bte 1, 1000 Brussels.

20. Governing law – Jurisdiction

These General Terms of Use are governed by Belgian law, subject to the mandatory consumer protection provisions applicable in the User's state of residence within the European Union.

In the event of a dispute, the Belgian courts have jurisdiction, without prejudice to the mandatory jurisdiction rules provided for by European consumer law allowing the consumer to bring proceedings before the courts of their place of residence.

21. Final provisions

• Severability: If one or more word(s), sentence(s) or Article(s) of the General Terms of Use is/are held to be invalid, null, inoperative or deemed unwritten, or declared as such pursuant to a law, regulation or court decision, then the other words of the sentence concerned, the other sentences of the Article concerned, and, more generally, the remaining provisions of the General Terms of Use, will retain their full force and effect.

• Force majeure: The Company is not liable for any failure to provide or use the Services resulting from a case of force majeure as defined under general law.

• Evidentiary agreement: Acceptance of the General Terms of Use by electronic means has, between the User and the Company, the same evidentiary value as an agreement on paper. More generally, the User acknowledges and agrees to communicate with the Company, in particular by email, for example for information that may be sent to them in connection with the performance of these General Terms of Use.

• Headings: In the event of any interpretive difficulty arising from a contradiction between any heading appearing at the top of an Article and the content of one or more Articles, the headings concerned will be deemed non-existent.

• Tolerance: The User acknowledges that the Company's tolerance of a situation does not have the effect of granting the User any vested rights. Furthermore, such tolerance may not be interpreted as a waiver of the right to assert the rights in question.