Terms and conditions of use

Last update: October 13, 2025

Article 1: Scope of application

The present General Conditions of Use (hereinafter the "GCU") define the rights and obligations of the parties within the framework of the use of the VIBES application (hereinafter the "Application"). They constitute a contract between the Member and the company operating Vibes.

1.1 Conflict of standards

The GCU establish the main rules applicable to the use of the Application. They are supplemented by additional documents, in particular the Privacy Policy, the Cookies Policy and the Vibes Charter, which specify certain terms of use.

In the event of any contradiction or inconsistency between these documents which may affect the clarity, accessibility or predictability of the applicable rules, the present GTU shall prevail over the Privacy Policy, the Cookies Policy and the Vibes Charter.

1.2 Autonomy of stipulations

If any provision of these TOU should be declared invalid, unenforceable or unenforceable pursuant to any law, regulation or court order, such provision shall be deemed unwritten. The other stipulations shall remain in full force and effect, unless their continuation would distort the general scheme of the GCU or create a significant imbalance between the rights and obligations of the parties.

Article 2: Modification of the GCU

2.1 Update

VIBES reserves the right, at any time and unilaterally, to modify, supplement or update these GTU, or to terminate all or part of the Services.

The Member will be informed of any update to the GCU via the Application and/or by e-mail sent to the address he/she has provided. It is the Member's responsibility to keep this address valid and accessible.

It is the Member's responsibility to consult the GCU carefully each time it is modified, so that he/she is aware of them. Continued use of the Application or Services after the entry into force of a new version of the GCU constitutes full acceptance thereof.

In the event of disagreement with the new provisions, the Member may cease to use the Services and delete his/her Account, in accordance with article 14.2.

2.2 Immediate application

Any modified version of the GCU comes into force as soon as it is published and applies immediately to all Members, without prejudice to specific legal provisions applicable to certain changes requiring express consent.

2.3 Language versions

Where the GCU are available in several languages, only the French language version shall prevail in the event of divergent interpretation or dispute. Translated versions are provided for convenience only and have no independent contractual value.

Article 3: Applicable law and settlement of disputes

3.1 Applicable law

These GCU are governed by French law, to the exclusion of any conflict of laws rule that may lead to the application of another law.

3.2 Settlement of disputes

In the event of a dispute, the Member undertakes, prior to any judicial or extra-judicial action, to contact VIBES in writing (by e-mail or post, using the contact details given in article 15) in order to seek an amicable resolution.

If no amicable solution is found, the Member is informed that he/she may have recourse free of charge to a consumer mediation scheme, or make a claim via the European online dispute resolution platform available at the following address: http: //ec.europa.eu/consumers/odr/.

Any dispute relating to the interpretation, performance or validity of these GCU, which could not be resolved amicably, will be submitted to the competent jurisdictions of Paris (France), notwithstanding plurality of defendants or warranty claims.

Article 4 : Registration

4.1 How to access the Application

The VIBES Application is accessible free of charge via the Webapp at https://app.vibes.lgbt, as well as on the legal download platforms of Apple (App Store) and Google (Google Play Store). Downloading and registration are free of charge; however, certain services may be subject to a fee in accordance with Article 9.

4.2 Account creation

Subject to compliance with the conditions of eligibility, VIBES provides the Member with a personal and non-transferable Account giving access in particular to :

• A profile visible to other Members, containing information made public by the Member
• A messaging system enabling exchanges with other Members
• Community features such as events, meeting preferences and personalized suggestions based on interests and identity.

Each Member may create and hold only one Account. The creation of multiple accounts, or the use of an account by another person, is strictly prohibited.

4.3 Eligibility conditions and registration obligations

To register, the Member must :

• Be at least 18 years of age
• Provide a cell phone number or any other means of authentication accepted by VIBES
• Provide accurate, truthful and up-to-date information.

By registering, the Member expressly acknowledges and accepts :

• That VIBES is an application dedicated to the LGBTQ+ community and that, in this context, certain data revealing sexual orientation, gender identity or gender expression may be displayed to other Members, for the essential purposes of making contact, personalizing services and creating a secure space.
• That this data is considered sensitive data within the meaning of the General Data Protection Regulation (GDPR), and that its processing is based exclusively on the Member's explicit consent
• That the Member may modify or delete this information at any time via the Account settings.

Registration implies unreserved acceptance of these GCU, the Privacy Policy, the Cookies Policy and the Vibes Charter.

Article 5: Services and functionalities

5.1 Purpose and access to Services

VIBES is a social network dedicated to the LGBTQIA+ community enabling Members to interact, create links, participate in virtual or physical events, and discover other Members thanks to an algorithmic recommendation system based on their preferences, location, activity and interests.

The sole purpose of the VIBES Services is to facilitate contact between Members in a secure, inclusive and respectful environment. They do not constitute a matrimonial agency service, nor a dating brokerage or guarantee service.

5.2 How the recommendation system works

The presentation of profiles and content is based on a proprietary VIBES algorithm. This algorithm does not use generative artificial intelligence, but classifies profiles according to objective criteria, in particular :

• Member preferences
• geographical location
• recent activity on the Application and interactions between Members

Certain Premium features may influence the order of appearance of a profile or improve its visibility, in accordance with article 9.

5.3 Services available free of charge

Subject to compliance with these GCU, Members may access the following features free of charge:

• Browse other Members' profiles
• Follow other Members and consult those who have followed him/her
• Send and receive messages with Members with whom an initial contact has already been established
• Access community messaging and interest groups
• Create, publish and participate in Outings (real or virtual events)
• Publish Content in compliance with these GCU
• Block and confidentially report another Member
• Configure search, privacy and notification preferences
• Access FAQ, support and tutorials
• Delete messages or modify profile

5.4 Premium services

VIBES also offers a number of paid features, which can be accessed via a subscription or the occasional purchase of options. These Premium Services may include :

• improved profile visibility
• access to advanced search filters
• Boosts
• exclusive social features
• or any of the other benefits described in article 9.

VIBES reserves the right to change the list of free or paid features in order to improve the user experience or to guarantee the security and quality of the Services.

5.5 Continuity of Services in the event of Force Majeure

Neither party may be held liable for failure to meet its contractual obligations if such failure results from an event of force majeure, as defined by article 1218 of the French Civil Code and French case law, as well as by applicable European regulations.

Force majeure events include, but are not limited to, the following

• natural disasters, fires, storms, floods
• pandemics, epidemics, health crises, administrative confinement or prohibition orders
• wars, terrorist acts, riots, social unrest, blockades of means of transport or communication
• widespread power or Internet cuts, failure of telecommunications networks or hosting providers
• cyber-attacks, malicious intrusions or major security incidents beyond the control of VIBES, provided that industry-standard protection measures have been implemented.

In the event of a force majeure event:

• performance of the affected obligations is suspended for the duration of the force majeure event
• no compensation may be claimed from the party prevented from performing
• if the impediment continues beyond a period of 30 days, either party may terminate the contract ipso jure, without compensation, by simple written notification.

Article 6 : Protection of personal data

VIBES attaches the utmost importance to protecting your personal data and respecting your privacy.

We invite you to consult our Privacy Policy, which details the purposes of processing, the rights you have, the security measures implemented and VIBES' specific commitments to the LGBTQIA+ community.

This document can be accessed at any time via the Application or by clicking on the following link: Privacy Policy.

Article 7: Obligations and liability of VIBES

7.1 Technical means and security

VIBES undertakes to implement the technical and organizational means reasonably necessary to provide a quality Service and to ensure the security of the Member's data. The Application is accessible from a compatible terminal running iOS, Android or any browser compliant with recent Web standards.

VIBES shall not be held liable for any malfunction, incompatibility or impossibility of access related to :

• the Member's terminal,
• the version of the Member's operating system,
• or any technical settings outside VIBES' control.

VIBES implements measures to prevent unauthorized access to its system. However, the Member acknowledges that the absolute security of a digital network cannot be guaranteed. VIBES shall not be held liable in the event of malicious intrusion or computer attack, provided that it has implemented security measures in accordance with industry standards.

VIBES cannot be held responsible for breakdowns, service interruptions or degradations in connection quality attributable to the Member's Internet service provider or to any external event, particularly in cases of force majeure.

It is the Member's responsibility to maintain access to a secure e-mail address, and to take all necessary measures to protect his/her Account and personal data. In the event of suspected fraudulent access, attempted fraud or receipt of messages purportedly sent by VIBES, the Member undertakes to inform VIBES immediately via the contact details given in article 15.

7.2 Illegal behavior

VIBES and its partners may not, under any circumstances and for any reason whatsoever, be held liable for any illegal conduct committed by Members in the course of using the Application. Any behavior contrary to the law or to the present GCU is the sole responsibility of its author.

The following in particular are considered illegal - without this list being exhaustive :

• Any form of fraud, extortion or attempted fraud
• Any unauthorized commercial, promotional or professional activity on the Application
• The solicitation, promotion or organization of prostitution, or of any remunerated or assimilated sexual activity
• Impersonation or use of false information to mislead other Members
• infringement of a third party's intellectual property rights
• Infringement of personality rights, including privacy, image rights and outing (non-consensual disclosure of sexual orientation or gender identity).
• Any content inciting hatred, discrimination, harassment or violence towards a person or a group of people, notably because of their sexual orientation, gender identity, physical appearance, origin or any other characteristic protected by law.

VIBES reserves the right to automatically detect certain behavior or content that may present a risk to the safety of Members or contravene the law. Such content may be automatically reported to the moderation team without prior notice to the Member, in accordance with the Digital Services Act and applicable security rules.

In the event of illegal or suspicious behavior, VIBES reserves the right :

• immediately suspend or terminate the Account concerned
• retain the necessary data for evidentiary purposes
• and, if necessary, to report the facts and transmit the relevant information to the competent administrative or judicial authorities, at their request or on the initiative of VIBES, if the seriousness of the facts so justifies.

These measures may be taken without prior notice or compensation, in particular when the protection of other Members or the public so requires.

7.3 Community reporting and moderation system

VIBES acts as a content host within the meaning of Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN) and Article 8 of Regulation (EU) 2022/2065 on a single market for digital services ("Digital Services Act" or "DSA").

As such, VIBES is not subject to any general obligation to monitor content transmitted or stored by Members.

However, in accordance with Article 16 of the DSA, VIBES provides an accessible, clear and effective notification and reporting system for reporting any content that may be unlawful, abusive, discriminatory, threatening or infringing on the rights of others.

7.3.a Processing of reports

When content is reported :

• It is automatically or manually analyzed by the VIBES moderation team.
• In the event of manifestly illicit content, VIBES will remove or deactivate it as quickly as possible.
• The Member responsible for the publication may have his or her Account suspended or terminated in accordance with article 14.3.

7.3.b Explicitly prohibited content and behavior

The following, in particular, may be subject to immediate removal:

• Apology for or denial of crimes against humanity
• Incitement to terrorism or promotion of terrorist activities
• Content of a hateful or discriminatory nature based on sexual orientation, gender identity, appearance, origin or any other protected characteristic
• Pornography featuring minors
• Incitement to violence, suicide, self-harm or violence against women and gender minorities
• Any form of outing or endangerment of an LGBTQIA+ Member.

7.3.c Confidentiality and protection of Members

• Members who report content cannot under any circumstances be identified by the author of the content reported.
• The Member may also block another Member confidentially in order to prevent any future interaction. This action is immediate and reversible only by the Member who initiated it.

7.3.d Cooperation with the authorities

Where the facts reported are likely to constitute a serious criminal offence, VIBES reserves the right :

• preserve evidence
• transmit the necessary information to the competent administrative or judicial authorities
• and, if necessary, to cooperate in any investigation.

This reporting procedure does not replace the victim Member's right to file a complaint with the competent public authorities.

7.3.e Abuse of reporting

Any abusive or malicious use of the reporting system (manifestly unfounded reports or reports made in bad faith) constitutes a breach of these GCU and may result in the suspension or termination of the Member's Account, in accordance with article 14.3.

7.3.f Commitment by VIBES

In accordance with its Privacy Policy and Vibes Charter, VIBES implements proactive measures to protect the LGBTQIA+ community, including systems to detect risky behavior, in order to maintain a safe, inclusive and respectful space.

7.4 Artificial intelligence (AI) systems

VIBES provides Members with an AI Charter, a separate document detailing the types of AI systems used, their purposes, their limitations, as well as the technical and ethical safeguards implemented to protect Members' rights and privacy.

The AI Charter supplements these GCU and constitutes a reference document in terms of transparency and information.

In the event of any contradiction between a provision of the IA Charter and a provision of the present GTU, the GTU shall prevail.

The IA Charter is accessible at any time from the Application or at the following address: https: //vibes.lgbt/ai

VIBES may update the IA Charter to take account of technological, regulatory or security developments.

Any substantial modification of the IA Charter having an impact on the rights or obligations of Members shall be notified in accordance with article 2 of these GCU.

Article 8: Member's code of conduct

8.1 Obligation of loyalty and honesty on registration

Membership is conditional upon cumulative compliance with the following criteria:

• Be at least 18 years of age, in accordance with French law and the VIBES Terms of Use.
• Provide accurate, sincere and truthful information at the time of registration, in particular via a cell phone number or any other means of authentication made available by VIBES.
• Provide a valid and accessible e-mail address, enabling you to receive any official communication relating to the Services
• regularly update his/her profile information to ensure its accuracy
• Have read and accepted, without reservation, the present GCU and the Privacy Policy.

8.1.a Verification and control

VIBES is under no legal obligation to systematically verify the identity or age of Members. However, in the event of serious doubt, reporting or detection of an anomaly, VIBES reserves the right :

• suspend access to the Account concerned immediately and without notice
• ask the Member to provide proof of identity or legal majority
• carry out any verification necessary to ensure the security of the community.

Any false declaration concerning the Member's age will result in immediate suspension of the Account, and may lead to its definitive termination in accordance with article 14.4.

8.1.b Account uniqueness

The Member undertakes to create and hold only one personal Account. In the event of multiple creation, additional Accounts may be deleted without notice.

8.2 Obligation of honesty, loyalty and respect when using the Services

In order to maintain their Member status and access to the Services, Members undertake to behave honestly, respectfully and in accordance with the law and these GCU. In this respect, the Member undertakes in particular to:

8.2.a Profile authenticity and integrity

• Provide accurate and truthful information about themselves
• Only upload personal photos that enable them to be identified, with a photo of their face clearly visible in the first position.
• Not to publish photos or content showing third parties without their consent, or photos unrelated to their real identity (landscapes, animals, unrepresentative drawings, etc.).
• The use of photos generated by an artificial intelligence system or modified to deceive other Members is strictly forbidden.
• Not to usurp the identity of a third party, nor to falsify information relating to age, gender or orientation with deceptive intent.

8.2.b Respect for the rights of others and confidentiality

• Not to divulge personal or confidential information concerning other Members.
• Respect the private nature of exchanges made within the Application (written messages, voice messages, images, videos).
• Not to record, copy, rebroadcast or publish any content exchanged on VIBES without the explicit consent of the Member concerned.

8.2.c Prohibited content

The Member undertakes not to publish or transmit :

• pornographic or sexualized content involving minors or infringing on human dignity
• comments or content that are violent, hateful, discriminatory, humiliating, defamatory or incite violence or hatred, in particular on the grounds of sexual orientation, gender identity or expression, origin or any protected characteristic
• content glorifying crime, terrorism, prostitution or illegal activities.

8.2.d Proper use of Services

The Member agrees not to:

• using the Application for commercial, promotional, professional, escorting or similar purposes
• disrupting the proper functioning of the Application, hijacking its functions or attempting to access VIBES systems (reverse engineering, scraping, hacking, unauthorized data collection)
• use scripts, automated software, robots or AI systems other than those provided by VIBES to interact with other Members
• organize or promote competing services, or divert Members to other platforms

8.2.e Abuse of function

In the event of misuse of the free features in order to circumvent the purchase of Premium Services, or in an excessive or fraudulent manner, VIBES reserves the right to suspend or terminate the Member's Account in accordance with article 14.3.

Article 8.3: Member's liability

The Member is solely responsible for the use he/she makes of the Application, the actions he/she carries out and the data, content or information he/she publishes, distributes or transmits via the Application.

In the event of a breach of the law or of these GCU by the Member, and if VIBES is held liable, the Member undertakes to hold VIBES harmless against any claim, sentence, loss or damage resulting directly or indirectly from his/her actions.

This guarantee includes in particular defense costs, legal fees and any compensation that VIBES may be required to pay.

The Member is encouraged to report any content that is illicit or contrary to these GCU by means of the reporting tool integrated into the Application, as defined in article 7.3.

Article 8.5 : Photos

The publication on the Application of photos or content :

• of a pornographic or sexually explicit nature
• showing intimate parts in a suggestive or degrading manner
• offending human dignity or modesty
• or contrary to public decency, current legislation or the present GCU, is strictly forbidden.

Any such publication constitutes serious misconduct liable to result, without prior notice :

• immediate suspension of the Member's Account
• or its definitive termination in accordance with article 14.3.

Article 8.6 : Private meetings between Members

Meetings between Members organized outside the Application are entirely private initiatives, undertaken under the sole responsibility of the Members concerned.

• It is the sole responsibility of the Member to verify the identity and intentions of the person met.
• VIBES is not involved in the organization or running of these private meetings, and cannot be held responsible in any way whatsoever for any incident or damage occurring before, during or after a meeting carried out as a result of using the Application.
• Members are expressly requested not to divulge sensitive personal information (telephone number, address, legal identity, financial details) to people they do not know well enough.

VIBES strongly recommends :

• prefer to meet in busy public places for the first time
• tell someone close to you the time and place of the meeting
• only share personal contact details once a minimum level of trust has been established.

Article 8.7 : Outings organized via the Application

Outings published on VIBES are events put online by Members or partner establishments. VIBES acts exclusively as a technical intermediary for their publication and visibility.

• VIBES is not the organizer of the Outings and has no control over their content or progress.
• Participation in an Outing is entirely the responsibility of the Members or third-party organizers.
• Consequently, VIBES cannot be held responsible for any incident, damage or prejudice occurring before, during or after an Outing, whether public, private, virtual or physical.

VIBES recommends that you only take part in Outings organized in appropriate, public and secure locations, and that you adopt the same precautionary measures as for private meetings.

Article 8.8 : Account maintenance

The Member undertakes to regularly consult the notifications of the Application as well as the e-mails sent to the address he/she has provided, which may contain important information relating to his/her Account, the evolution of the Services or modifications to the present GCU. These communications have contractual value and may include technical, legal, security or service messages.

Access to the Member's Account is by means of his/her personal identifiers, in particular via his/her telephone number or any other means of authentication made available by VIBES. The Member is solely responsible for the confidentiality and security of his or her login and password, and undertakes :

• not to communicate them to third parties
• take all necessary precautions to prevent unauthorized access to his/her Account
• notify VIBES immediately in the event of suspected fraudulent access or compromise of his/her login details.

Any action carried out via the Member's Account is deemed to have been carried out by the Member. The Member guarantees VIBES against any abusive or fraudulent use of his or her Account resulting from a breach of his or her security obligations.

Article 8.9 : Equipment

The equipment (hardware or software) required to access the Services as well as all other related costs, including telecommunication costs, shall be borne exclusively by the Member. The Member is solely responsible for the equipment used in connection with the Service.

Article 8.10 Professional and associative use

The VIBES Application is exclusively reserved for personal and non-commercial use.

It is strictly forbidden to use VIBES, directly or indirectly, for the purposes of :

• commercial prospecting
• promotion of services, products or events
• recruiting, collecting or monetizing audiences
• professional or associative networking
• or any other profit-making, associative or institutional purpose, without the express prior authorization of VIBES.

Any use for professional or associative purposes must be made via the dedicated VIBES BACKSTAGE platform, accessible at the following address

https://backstage.vibes.lgbt

Only partners who have entered into a written contractual agreement with VIBES may benefit from visibility, publish content for professional purposes or interact with the community in this capacity. Any breach of this provision constitutes a serious breach. It may result, without notice :

• temporary or permanent suspension of the Member's Account
• deletion of published content
• and, where applicable, civil or criminal proceedings.

Article 9: Paid services

9.1 VIBES subscriptions and boosts

VIBES offers paying features that can be accessed by purchasing Boosts or subscribing to a membership.

9.1.a Boosts

Boosts are available individually or in the form of packs, and are used to temporarily increase the visibility of a Member's profile or of an Outing.

Their price, duration and terms of use are indicated in the Apple App Store and Google Play Store.

Payment for Boosts is made via the billing systems of the platforms concerned, in accordance with their general terms and conditions.

9.1.b VIBES subscriptions

The Member may take out a paid subscription to VIBES at any time.

The subscription gives access, for the chosen duration, to additional functionalities reserved for Subscribing Members, in addition to the free services. These features may include :

• increased visibility in the recommendation algorithm
• access to advanced search filters
• unlimited or prioritized interactions
• any other advantage presented at the time of subscription

9.1.c Promotional offers

For certain eligible Members, VIBES may propose a promotional offer at the time of registration or at other times. This offer :

• is valid for a limited period, as indicated at the time of its presentation
• is strictly personal
• can only be used once per Member, and only on the first subscription, and for a single Apple or Google Play ID, depending on the device and platform used.

Any attempt to circumvent this (multiple account creation, change of store, identity theft, etc.) may result in cancellation of the offer and suspension of the Account concerned.

9.2 Payment terms

The price of the subscription or of paid features (such as Boosts) is due as soon as the subscription is taken out, for the entire period chosen.

Purchases made within the Application are processed exclusively through Apple's App Store or Google's Play Store, depending on the operating system of the terminal used.

Consequently:

• Payment, currency conversion, invoicing and any associated additional charges are handled entirely by the distribution platform concerned.
• VIBES does not intervene in the payment process and has no access to the Member's bank details
• Bank details and payment data are collected and processed directly and exclusively by Apple or Google, in accordance with their own conditions and privacy policies.

As VIBES cannot intervene in the management of payments, no refund can be made by VIBES directly. Any request for billing, double payment, change of currency, direct debit or refund must be addressed directly to the App Store or Play Store, as the case may be.

9.3 Contract duration and VIBES subscription renewal

When the Member takes out a subscription to VIBES Premium, the contract takes effect immediately upon validation of payment by the relevant platform (App Store or Play Store) and remains in force for the duration of the subscription chosen.

Subscriptions are for a fixed term, and cannot be terminated early. In the event of early termination by the Member, the sums paid for the current subscription period shall remain the property of VIBES and shall not give rise to any reimbursement, even partial, as the Digital Service is fully accessible from the time of subscription.

9.3.a Automatic renewal

Unless previously deactivated by the Member, the subscription is renewed automatically on expiry, for successive equivalent periods, in accordance with the conditions of the App Store or Play Store.

The Member may object to this automatic renewal at any time via the subscription management function available directly in his App Store or Play Store account.

9.3.b Effects of renewal

In the event of renewal of the subscription :

• renewal takes effect on the initial due date
• payment is debited automatically by the purchasing platform (Apple or Google)
• once payment has been validated, the Member's Account is updated and he/she once again benefits from VIBES Premium functionalities for the duration of the subscription.

9.4 Right of withdrawal

In accordance with the legislation applicable to digital content and services and the rules of application distribution platforms, all payments made for the purchase of a subscription or paid features (such as Boosts) are processed in full by the Apple App Store or the Google Play Store.

Consequently, VIBES is not in a position to make a refund directly, nor to process a request for the right of withdrawal.

9.4.a Exercising the right of withdrawal

Where the right of withdrawal is applicable, the Member must exercise it directly with the platform (Apple or Google) used at the time of purchase, via the procedures provided by the latter.

9.4.b Google Play Store

The terms and conditions for exercising the right of withdrawal and the standard form are available at the following address: https: //support.google.com/googleplay/answer/7205930

Play Store support can be contacted at: https: //support.google.com/store/answer/6178715

9.4.c Apple App Store

The right of withdrawal, the related conditions and the form to be used are detailed by Apple at the following address: https: //www.apple.com/legal/internet-services/itunes/fr/terms.html

Notification should be sent to

Apple Distribution International

iTunes Store Customer Support

Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland.

9.5 Early termination of the contract by the Member or by VIBES

In the event of a breach by the Member of these GCU or of any applicable legal or regulatory provision, VIBES reserves the right to suspend or terminate access to the Member's Account and all associated Services immediately and without notice, without compensation or reimbursement, including where the Member benefits from a current subscription or has purchased Boosts.

Such termination may be initiated by VIBES as a protective, security or compliance measure, with no obligation to justify its decision, provided that it is based on an observed, presumed or reported breach.

Termination of the contract automatically entails :

• deletion or deactivation of the Member's Account ;
• the definitive loss of benefits linked to the subscription and paid features;
• the impossibility of obtaining total or partial reimbursement of sums paid for digital Services already provided.

Article 10: Communication with the Member

10.1 Push Notifications

As part of their use of the Application, Members may receive push notifications to inform them of events relating to their activity, in particular and without limitation :

• when another Member follows them or interacts with their profile
• when an Output is published or updated by a Member or group followed
• when a message (text, voice or other content) is received
• or in the event of a community event, security information or Service update.

The Member may, at any time, activate, deactivate or modify his Push notification preferences within his Account or device settings.

10.2 Newsletter and e-mail communications

Upon registration, the Member may receive, at the e-mail address provided, periodic communications from VIBES concerning news about the Application, its features, the community, events and occasionally sponsored articles. The Member may unsubscribe at any time:

• by clicking on the "unsubscribe" link present in each e-mail received
• or by exercising his right to object by e-mail to the address given in article 15.

10.3 Advertising and promotional messages

In connection with the performance of the contract and the use of the Application, VIBES may display sponsored content, promotional messages or advertisements from advertisers or partners within the Application.

VIBES does not sell or transfer Members' personal data to third parties for commercial or advertising canvassing purposes.

Sponsored content is disseminated without the sharing of information that could directly identify a Member, unless the Member has given his or her explicit consent.

Advertisements published on the Application comply with :

• the Privacy Policy
• the regulations applicable to digital advertising
• VIBES' ethical principles towards the LGBTQIA+ community.

Article 11: Intellectual property and license granted to the Member

11.1 Property of VIBES

The VIBES Application, its trademarks, logos, commercial names, interfaces, algorithms, databases, graphic charters, editorial content, functionalities and any other original elements constitute the exclusive property of VIBES or its contractual partners and are protected by French and international laws relating to intellectual property.

11.2 License of use granted to the Member

VIBES grants the Member a personal, non-exclusive, non-transferable and revocable license, strictly limited to private and non-commercial use of the Application in accordance with these GCU.

This license does not grant the Member any intellectual property rights.

Any other use is strictly prohibited without the prior written consent of VIBES.

11.3 Prohibitions

In particular, the Member is prohibited from :

• reproducing, copying, modifying, translating, adapting or distributing all or part of the Application or its components
• reverse engineer, decrypt, scrap or extract any data
• use the Services for professional, commercial, promotional or competitive purposes
• infringe VIBES' intellectual property rights in any way whatsoever.

Any violation exposes the perpetrator to civil and criminal prosecution.

Article 12: License of use granted by the Member to VIBES

12.1 Ownership of the Member's content

The Member remains the full owner of the content he/she publishes on the Application (texts, photos, videos, audio recordings, profiles, descriptions, etc.).

12.2 License granted to VIBES

In order to enable the use of the Services, the Member grants VIBES, for the duration of his/her registration and throughout the world, a free, non-exclusive license limited to the following use:

• to host, store, reproduce, technically adapt (compression, automatic translation, formatting) and display published content
• to make such content visible to other Members according to the privacy settings chosen by the Member
• distribute such content in public or shared areas of the Application (profiles, outputs, groups, publication feeds).

This license is strictly limited to the operation of the Application and does not authorize any external commercial use without the express consent of the Member.

12.3 End of license

The license terminates automatically upon deletion of the content or closure of the Member's Account, subject to the legal retention obligations defined in the Privacy Policy.

12.4 Member's liability

The Member guarantees :

• that he/she holds all necessary rights to the content he/she publishes
• such content complies with the law and these GCU
• it does not infringe the rights of third parties

The Member undertakes to indemnify VIBES against any claims or damages resulting from content published in violation of the rights of third parties.

Article 13: Unfair competition, parasitism and specific prohibitions

The VIBES Application, its community model, its recommendation algorithms, its LGBTQIA+ identity and its functionalities are the result of investments protected by law.

It is strictly forbidden for any Member or third party to :

• reproduce or attempt to reproduce all or part of the Service in order to create a competing platform
• divert the functionalities of the Application to collect data, recruit members or promote a third-party service
• use the image, brand or reputation of VIBES to create confusion or gain undue economic advantage (parasitism)
• imitate or disorganize the Service in any way.

Any violation will be prosecuted and may result in :

• permanent deletion of the Account
• a ban on new registrations
• legal action to obtain full compensation for the damage suffered.

Article 14: Termination of contract

14.1 Uninstalling the Application

Members may uninstall the Application from their terminal at any time.

However :

• Uninstalling the Application does not automatically delete the Member'sAccount.
• To definitively terminate his or her use of the Services, the Member must delete his or her Account in accordance with article 14.2.
• De-installation of the Application does not prevent the application of legal obligations to retain certain data, within the limits provided by law and explained in the Privacy Policy.

The Member may download the Application again at any time and reconnect to his or her Account, as long as it has not been deleted.

14.2 Account deletion by the Member

The Member may permanently delete his/her Account at any time, without prior notice, in one of the following ways:

• Directly from the Application in Settings > Delete my account
• By sending a request by e-mail or post to the address given in article 15.

Effects of deletion :

• The Member's Account and profile become immediately inaccessible and invisible to other Members.
• All data associated with the Account is permanently deleted, subject to legal retention obligations.
• Boosts, credits, Premium benefits or any other paid services linked to the Account are permanently lost, with no possibility of refund or transfer.
• The Account cannot be reactivated: any new use of the Application will require a new registration.

If the Member is a VIBES Premium subscriber, it is his or her responsibility to cancel his or her subscription at the Apple App Store or Google Play Store in order to avoid any automatic renewal. Deletion of the Account on the Application does not automatically result in termination of the subscription with the Store.

14.3 Suspension and termination of the Account by VIBES in the event of a breach of the GCU

In the event of a presumed or proven breach by the Member of these GCU or of any applicable legal provision, VIBES may suspend or terminate the Member's Account at any time.

14.3.a Temporary suspension

VIBES may temporarily suspend the Member's Account, without prior notice or warning, in particular :

• following a report in accordance with article 7.3
• in the event of reasonable suspicion of infringement, dangerous or fraudulent behavior or behavior contrary to community ethics
• in the event of a breach that can be remedied by the Member.

Suspension is a provisional measure allowing VIBES to carry out the necessary checks.

14.3.b Evaluation criteria

In its decision to suspend or terminate an Account, VIBES takes into consideration :

• the seriousness of the breach and its consequences on the safety or experience of other Members
• whether the behavior is repeated or isolated
• the proportion of abusive content or actions in relation to the overall use of the Application
• the Member's intention, where this can be reasonably determined.

14.3.c Appeal procedure

During the period of suspension, the Member may contact VIBES customer service in order to :

• obtain information on the reasons for the suspension
• make observations
• provide evidence justifying the remedying of the breach.

If, within 30 days of notification of suspension, the Member has not contacted VIBES or provided proof of restoration of compliance, then VIBES may permanently terminate the Account.

14.3.d Effects of suspension

Upon suspension :

• the Member's Account is closed and his or her Profile made invisible
• access to the Application and Services is permanently interrupted
• Boosts, subscriptions and Premium Benefits are automatically cancelled, with no possibility of refund or transfer.
• the Member will not be able to re-register to the Application for a period of up to 2 years, unless otherwise indicated by VIBES.

14.3.e Serious breach

In the event of behavior constituting a serious breach of the security, dignity or integrity of Members (e.g. harassment, incitement to hatred, attempted fraud, identity theft), or in the event of a criminal offence, VIBES may immediately and permanently terminate the Account, without notice, and inform the relevant authorities.

14.4 Termination of inactive Accounts by VIBES

VIBES reserves the right to delete inactive Accounts in order to guarantee the quality of the Service, the security of the platform and the relevance of the data.

14.4.a Definition of an inactive Account

An Account is deemed inactive when, for a continuous period of 12 months, the following two criteria are cumulatively met:

• the Application has not established a connection with the VIBES servers (no opening, synchronization or active geolocation)
• the Member has not carried out any action within the Application (login, profile consultation, interaction or modification of his/her Account).

Accounts with an active Premium subscription are not considered inactive, regardless of how long they have been inactive.

14.4.b Notification and notice period

Before any definitive deletion :

• the Member will be informed by e-mail to the address associated with his/her Account
• 8 days' notice will be given to reconnect and reactivate the Account.

Reactivation of the Account during this period suspends the deletion procedure, and all data and associated elements (profile, messages, preferences) are retained.

14.4.c Effects of deletion

On expiry of the notice period, and in the absence of reactivation by the Member :

• the Account is automatically deleted
• the profile becomes invisible and inaccessible
• all data associated with the Account is deleted, subject to legal retention obligations
• any associated Boosts, credits and Premium benefits are permanently lost, with no possibility of refund or transfer.

The Member will not be able to request the reactivation of his/her old Account and will have to register again to use the Services.

Article 15 : Contact

VIBES can be contacted by post at 60 RUE FRANCOIS 1ER, 75008 PARIS, France.

The Member may also contact VIBES by e-mail at the following address: hey@vibes.lgbt

Article 16: Confidentiality clause

The parties agree that all information exchanged in the context of the execution of these GCU, including that relating to any dispute or disagreement, is strictly confidential.

Neither VIBES nor the Member is authorized to disclose, publish or communicate, directly or indirectly, to third parties or to the public, any information relating to :

• the terms of the contract binding them
• the nature of a potential or actual dispute or disagreement
• exchanges that have taken place as part of an amicable settlement or mediation procedure.

Any dispute resolution must be sought in strict confidence, through negotiation, mediation or amicable procedure, in accordance with these GCU.

This obligation of confidentiality shall apply throughout the term of the contract and shall survive its termination, for whatever reason.

Article 17: Internal complaints handling system

The VIBES Application is considered an "intermediary service" within the meaning of Regulation (EU) 2022/2065 on a single market for digital services ("Digital Services Act" or "DSA"), which came into force on February 17, 2024.

In accordance with Article 20 of the DSA, VIBES has set up an internal Complaints Handling System enabling Members to contest :

• a measure taken against them following a report or suspected violation of these GTU (suspension, removal of content, limitation of features, termination of Account, etc.)
• or a decision taken by VIBES following a report made by the Member.

17.1 How to access the complaints handling system

Any Member wishing to contest a decision taken by VIBES may send a reasoned complaint by e-mail to the following address: hey@vibes.lgbt

The request will be examined within a reasonable time by the dedicated team, which may request additional information and will notify the Member of the reasoned decision (confirmation, modification or cancellation of the initial measure).

In the absence of a response from us within 30 days, the member may consider that his or her complaint has received an unfavorable response.

17.2 Additional remedies

If the member is not satisfied with the response or outcome of the internal procedure, he/she may :

• refer the matter to a DSA-certified alternative dispute resolution body: https: //digital-strategy.ec.europa.eu/en/policies/dsa-out-court-dispute-settlement
• or appeal to the competent court, in accordance with article 3 of these GCU.

17.3 Abuse of the complaints system

Any abuse or bad faith use of the system (complaints that are manifestly unfounded, repeated or intended to disrupt the operation of the Service) constitutes a breach of these GCU and may result in the suspension or termination of the Member's Account in question, in accordance with article 14.4.