License Agreement

Applicable from 24 January 2023

Software / application: Ivy, the app that brings your desires to life

Software author: Qalisa

Software publisher:

Qalisa, a company by Simplified Joint Stock Company with a capital of 1000 euros, registered with the RCS of Orléans under number 919 856 328, and owner and sole operator of the Application and the IVY brand, whose registered office is located at 14 Avenue de la Marne, 45000 Orléans, France and represented by its President, Mr. Michel Nsenga Pedro. (Here in after referred to as the publisher).

IMPORTANT – Installation or use of the software implies unreserved acceptance of the license agreement. This Agreement also applies to any subsequent updates or new versions of the Software.

The license agreement is concluded between the publisher of the software and the user of this software.

Intellectual Property – License to Use

The publisher is the exclusive owner of the economic intellectual property rights of the software and all the content incorporated into the software, unless otherwise stated.

The publisher retains ownership of the software as well as the contents incorporated in the software and grants the user a non-exclusive license to use the software and content. This license is non-transferable. The user is not allowed to sublicense.

The license is granted for the world. It is valid for a fixed period of two years and is tacitly renewable for one or more periods of indefinite duration. The license will be terminated, immediately and automatically, without formality, in case of breach by the user of this contract.

The publisher reserves all rights not expressly granted to the user by this contract.

Software Description and Purpose – Essential Software Features and Digital Content Functionality

Ivy software is a friendly dating app. His approach is to put envy back at the heart of the meeting by allowing you to discover and share your interests and desires with other members of the community.

The software is intended to be used by natural persons of legal age, as part of a professional use, to share knowledge in a field, discover new interests or meet other members in a friendly atmosphere.

This software is also intended to be used by natural and legal persons, as part of a professional use in order to promote their activity in a specific category (or categories).

The features of digital content are as follows:

- In-app purchases

- Affiliation

- FAQ

- Geolocation

- Instant messaging

- Notifications Push

- Content sharing

The list is not exhaustive.

Warning – Instructions for Use

The software may distribute, include, or make available third-party content (including data, information, services) or provide links to third-party services and sites.

You acknowledge and agree that Publisher shall not be liable for any of these third-party services, including their accuracy, completeness, validity, respect of proprietary rights, legality, decency, quality or any other related aspect. The publisher will be liable to you or any third party or entity for each of these third-party services.

The user is responsible for using the software in compliance with applicable laws and regulations in France and at the place where the software is used.

The Software is not intended for use in situations where malfunctions, errors or inaccuracies in the Software could cause any harm.

Permitted Use

The user is authorized to install the software on a compatible device and to use the features of the software provided by the publisher. Any other use of the software not expressly authorized by the publisher is prohibited. In particular, the following are prohibited: copying all or part of the software, reverse engineering, decompilation, disassembling the software, decrypting or modifying the source code.

The user is authorized to consult the contents (in particular texts, sounds, photographs, videos, drawings, maps and other graphic representations) in the software. Any other use of the content not expressly authorized by the publisher is prohibited. In particular, it is forbidden to extract the contents of the software.

The publisher reserves the exclusive right to correct any errors affecting the software and to determine the special modalities to which the permanent or provisional reproduction of the software, as well as the translation, adaptation, arrangement or any other modification of the software, will be subject. These modalities will be communicated to the user who makes the request at the team@ivy.community address.

Configuration – technical prerequisites

The software is designed to work with the following operating systems: Android and iOS.

The minimum system requirements are as follows: Android 5.1 and iOS 13. An internet connection is required to use the software.

Creating a user account

The operation of the software requires the creation of a user account. The user is required to provide accurate, complete and up-to-date identification information. In case of modification, the user is obliged to update his information without delay.

The mandatory information is as follows:

- Phone number

- Sex

- Nickname

- Photo

Optional information includes:

- Email address

Personal data

Refer to the personal data processing policy.

Paid version – Subscription – In-app purchases

The paid version of the software offers the following features for non-professional use:

- Access to personalization elements

- Increased limits for saving maps

- Possibility of access to his friends

- Limit of participants to an increased activity

- Possibility to add a participation fee

- Premium badge

- Access to Travel Mode

The Premium subscription is available without commitment (€24.99/month) or with a commitment of 3 months (€15.99/month), 6 months (€7.49/month) or 12 months (€4.99/month).

The paid version of the software offers the following features for professional use:

- Realization of Boost promotional campaigns for a period of 3 months

- Realization of sponsored cards with redirection to third-party site

- Map customization

- Proposing maps in the "Discovery" mode

- Support by a partner(s) to improve your copywriting and professional image

Boost Campaign	1250€ HT per quarter
Basic Formula	Annual subscription 2000 € HT
Discovery Formula	Annual Subscription + Personalization Elements +^2nd Circle Promotion 2500€ HT
Expert Formula	Discovery + Accompaniment From 3250€ HT

The subscription is automatically renewed by tacit agreement, unless you cancel before the end of the commitment period. A reminder of this deadline will be notified to you two weeks before the end of the deadline.

The software offers in-app purchases, including Water, which is the token used in the application.

All payments made correspond to a fee for the use of the software or integrated services or the consultation of the contents and in no case to an assignment of rights.

Payment is due in advance, before the use of the services offered. All payments are final and cannot be refunded for any reason.

Payment terms: the payment terms are defined in the terms of use of the platform on which the software can be downloaded.

Terms and time frame for making the software available

The software is made available to the user on the download platform, immediately after i) acceptance of this license agreement and platform terms, ii) download and installation of the software.

Waiver of the right of withdrawal

The user does not have a right of withdrawal, even if this user is a natural person acting as a consumer, in accordance with Article L. 221-28 13 ° of the Consumer Code. BY INSTALLING THE SOFTWARE, THE CONSUMER REQUESTS THE IMMEDIATE SUPPLY OF DIGITAL CONTENT AND EXPRESSLY WAIVES HIS RIGHT OF WITHDRAWAL.

Terms of use of the download platform

The terms of use of the platform on which the software is marketed apply. The user is invited to read it. The installation or use of the software implies acceptance of these conditions.

Third Party Software and Services

- In-app payments via Stripe

- Geolocation via Google Maps (Android) or Maps (iOS)

- NFC

Disclaimer of Warranty and Liability

The publisher takes all care of the software and the content incorporated into the software. However, it does not grant any guarantee as to the software and content. In particular, the publisher does not guarantee that the software and contents are accurate, complete, up-to-date, error-free, adapted to the needs of the user.

To the fullest extent permitted by the applicable provisions, the publisher assumes no responsibility for the consequences that may result from the use of the software or any malfunction of the software, or from any error or omission affecting the contents incorporated in the software.

The publisher ensures the moderation of comments, photographs, videos and other content that may be disseminated via the software by users. However, the publisher is in no way responsible for these contents and its responsibility can not be engaged as a result.

Duration

This contract is concluded for the duration of the license granted to the user.

Changes

The publisher may modify this contract during its execution, subject to notifying the user. Notification may be made by any means, including in the form of a notification in the software. The amendments will enter into force at the end of a period from the notification. The user may object to the changes by uninstalling the software.

Tongue

This contract is written exclusively in French. This language is used during the pre-contractual relationship as well as for the conclusion of the contract.

Complaints processing

Complaints can be addressed to the publisher using the following contact details: team@ivy.community. The publisher will endeavour to deal with such complaints as soon as possible and to provide an appropriate response.

Dispute Resolution

In the event of a dispute, the parties may have recourse to a conventional mediation procedure or any other alternative dispute resolution method. The consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and a professional, under Article L. 612-1 of the Consumer Code. The publisher guarantees the consumer the effective use of a consumer mediation mechanism.

The consumer may refer the matter to the competent French court under Articles 42 to 46 of the Code of Civil Procedure or Article R. 631-3 of the Consumer Code.

If the consumer is not domiciled in France but in another Member State of the European Union, jurisdiction is defined by Articles 17 to 19 of European Union Regulation No. 1215/2012 of 12 December 2012. By way of derogation, the French courts are exclusively competent to hear any dispute that may arise between the publisher and the consumer if the latter has, at the time of the conclusion of the contract, his domicile or habitual residence in France; the consumer expressly consents to this clause conferring jurisdiction in favor of the French courts.

Applicable law

French law governs the pre-contractual relationship between the user and the publisher, as well as this contract.

Conclusion of the contract

The contract is deemed concluded for the publisher at its registered office and for the consumer at his home, when downloading the software, on the date of this download.

Intellectual property

The contract is drawn up on the basis of a model published on idroit.co by FB Juris, a law firm registered with the Hauts-de-Seine Bar, registered under number 511 717 787. The model is the exclusive property of its authors. FB Juris accepts no responsibility for the use of its models. FB Juris grants a license to use its models free of charge, exclusively to end users, for direct use. It is forbidden to use FB Juris templates to provide paid legal services.