FalNow
Terms and conditions
Of the Falnow application
applicable from 04/08/2021
ARTICLE 1. PARTIES
The general terms and conditions are applicable between Can Ibrahim, SASU, share capital: 1 000 €, RCS of Cannes: 840 933 410, head office: 40 route de Breguières, 06110 Le Cannet, France, telephone: +33781810211, email: ibrahimcan@live.fr, intra-community VAT number: FR89840933410, hereafter "Falnow", and any person, natural or legal, of private or public law, registered on the Application to consult the Service, hereafter "the Client”.
ARTICLE 2. DEFINITIONS
"Subscription": temporary access to the Premium Service.
"Device": a mobile device, such as a tablet or smartphone, allowing the use of the Application. "Application": "Falnow" software published by Can Ibrahim SASU, available for download from the Store and usable on Devices.
"Client": any person, natural or legal, private or public, registered on the Application.
"Content of the Application": elements of any kind published on the Application, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"Credit": a voucher allowing access to certain features of the Service. Credits can be purchased directly on the Application.
"Falnow": Can Ibrahim SASU in its capacity as publisher of the Application.
"Service": service offered by Falnow on the Application and consisting of a limited fortune telling service.
"Premium Service": access to the Service without limitation and without advertising.
"Site": the website accessible at the URL www.falnow.com, as well as sub-sites, mirror sites, portals and variations of URLs related to it.
"Store": platforms published by Apple Computer or Google, in particular, which allow publishers to make their applications available to the public online and for Customers to download them.
ARTICLE 3. SCOPE OF APPLICATION
Falnow offers the Client to download the Application from the Store. The download and use of the Application is free of charge. Access to the Application implies the acceptance by the Customer of the present general conditions. When downloading the Application, this acceptance shall be confirmed by downloading the Application from the Store and installing it on a Device. The Customer hereby acknowledges that he/she has fully understood and accepts them without restriction. The Client acknowledges the value of Falnow's automatic recording systems as proof and, unless he/she can prove otherwise, waives the right to contest them in case of litigation. The present general conditions are applicable to the relationship between the parties to the exclusion of all other conditions, and notably those of the Client. Acceptance of these general terms and conditions assumes that the Customer has the necessary legal capacity to do so, or failing this, that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. DESCRIPTION OF SERVICES
4.1 Purpose of the Application
The purpose of the Application is to offer the Services to Clients.
4.2 Downloading and installing the Application
The Customer may acquire the Application from the Store. He must select it on the Store and click on the button provided for this purpose. The ordering process on the Store is governed by the general terms and conditions of the Store publisher.
4.3. Use of the Service
In order to use the Service, the Customer must take a photo of the bottom of his/her Turkish coffee cup, or choose a deck of cards and send it via the Application.
The Application will then establish an artificial intelligence interpretation within approximately 15 minutes, during which time Customers will be able to watch advertisements.
4.4. Purchase of Credits
The Customer may request additional interpretation to that provided free of charge by the Application. To do so, they must purchase Credits and spend them within the Application as part of the Service. An additional interpretation (beyond the free interpretation) costs one Credit.
4.5. Subscription
The Customer may also decide to subscribe to the Premium Service by taking out a Subscription. The Premium Service allows the Customer not to watch any advertisements, to obtain interpretations more quickly and to have more interpretations per day than with the Classic Service.
ARTICLE 5. ORDERS
5.1. Ordering credits
5.1.1. Order
In order to place an order, Customers may select one or more Credits.
5.1.2. Validation of the order by the Customer
If they are satisfied with their order, Customers can validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Application by completing the registration form with their personal details.
5.1.3. Payment by the Customer
Once they have logged in or after they have fully completed the registration form, Customers will be invited to check or modify their billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the words "order with payment obligation" or any similar phrase.
5.1.4. Confirmation of the order by Falnow
Once the payment is received by Falnow, Falnow commits to acknowledge the receipt of the payment to the Customer by electronic means, within a maximum of 24 hours. Within the same time frame, Falnow will send the Client an email confirming the processing of the order, including all related information.
5.2. Subscription to the Premium Service
5.2.1. Subscription to the Premium Service
In order to take advantage of the Premium Service offered by Falnow, Clients must subscribe to a Subscription. In this context, the Client must fill in his billing information on the form provided for this purpose on the Application. The characteristics of the Subscription (notably its price and initial duration) are specified on the Application.
5.2.2. Duration of the Subscription
The Subscription takes effect from the time it is taken out by the Customer on the Application. The duration of the Subscription is that stated on the Application on the day of subscription.
The Subscription is concluded for a fixed term. On expiry, it will not be tacitly renewed.
5.2.3. Early termination of the Subscription
In case of breach by the Client of any of the stipulations of articles 4, 5, 6, 7, 9 and 11 of the present general conditions, Falnow may terminate the Subscription and block, if necessary, the access to the Client's personal space until the said breach is resolved. The termination of the Subscription at the Client's fault is without prejudice to any damages Falnow may claim as a result of the Client's breach.
ARTICLE 6. PRICE - PAYMENT
6.1. Prices
The applicable prices are those displayed on the Application on the day of the order. These prices can be modified at any time by Falnow. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Application are in Euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer may pay by credit card. Payments by bank card are made by means of secure transactions provided by Crédit Lyonnais.
In the context of credit card payments, Falnow has no access to any data related to the Client's payment means. The payment is made directly to the bank.
6.3. Invoicing
Falnow will send or make available to the Client an electronic invoice after each payment. The Client expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext whatsoever, including in case of litigation.
Any sum not paid on the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.
In addition, any delay in payment will result in the invoicing to the defaulting Client of collection costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract at the Client's expense. This clause falls within the scope of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
Customer service for the Application is available from xxx to xxx from xxh to xxh on the following toll-free telephone number: xxx, by e-mail to : xxx or by post at the address indicated in article 1 of these terms and conditions. In the latter two cases, Falnow commits to provide a response within xxx working days.
7.2. Right of withdrawal - Distance selling
7.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period referred to in the previous paragraph shall run from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a physical medium.
Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The decision to withdraw must be notified to Falnow at the address indicated in article 1 of the present general conditions by means of an unambiguous statement. The Client may, for example, use the standard form provided at the end of these terms and conditions. In any case, Falnow will send to the Client, as soon as possible, an acknowledgement of receipt of the said retraction by e-mail.
7.2.2. Effects of the right of withdrawal
When the right of withdrawal is exercised, the professional is obliged to reimburse the Customer for the totality of the sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Beyond this period, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.
Where applicable, the trader shall make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur costs for the Customer.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
- the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior express agreement and express waiver of his right of withdrawal;
- the supply of digital content not supplied on a physical medium, the performance of which has begun after the Customer's prior express agreement and express waiver of his right of withdrawal.
Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for digital content independent of any material support before the expiry of the withdrawal period, the Customer's waiver of the right of withdrawal will be manifested by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the Credits ordered". The Client will then receive confirmation by email of his waiver of the right of withdrawal.
When validating the order for a service, the Customer's waiver of the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: "I expressly waive my 14-day right of withdrawal for the services I will receive before the end of this period". The Customer will then receive confirmation by email of his waiver of the right of withdrawal.
The Customer who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until the communication of his decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.
ARTICLE 8. COMMENTS
Clients are offered the possibility to contribute to the content of the Application by publishing comments on their use of the Services and their relationship with Falnow. Comments must be made in French. They will be subject to validation by Falnow or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the Client grants a non-exclusive copyright license to Falnow for free, regarding the said comment. As such, the Client authorizes Falnow to communicate to the online public, in whole or in part, his comment on the Application, Falnow's newsletters and the Applications of Falnow's partners. The Client authorizes Falnow to reproduce his or her commentary for the purpose of communicating it to the online public and to create communication and promotional materials for the Application. The Client authorizes Falnow to translate his commentary into any language for the purpose of communicating it to the online public and to reproduce it in its commercial and promotional materials. The right to adapt also includes the right to make any changes technically necessary to exploit the commentary in other formats. This licence is granted for commercial and advertising use. It is granted for the entire duration of the rights, for exploitation in France and abroad.
The Client declares that he/she has the intellectual property and authorisations necessary to publish his/her commentary. The Client commits to intervene on any request from Falnow in any proceedings initiated against the latter because of his comment and to guarantee him for any costs and sentences pronounced against him because of this, including any legal fees.
ARTICLE 9. PERSONAL DATA
Within the framework of its services, Falnow will have to process personal data of its Clients.
9.1 Identity of the data controller
The person responsible for the collection and processing of data on the Application is Falnow.
9.2 Identity of the Data Protection Officer
The Data Protection Officer is: The Data Protection Officer is: Email : helpdesk@falnow.com Phone number : +33781810211. URL : http://www.falnow.com
9.3. Data collected
9.3.1. Data collected from customers
Within the framework of its contractual relations, Falnow may collect and process information from its Clients, namely: surnames, first names, job title, company name, telephone number, postal addresses, email addresses, bank details, contract history.
9.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of
- executing the contractual commitments;
- contact the Clients;
- avoid any illicit or illegal activity;
- to ensure compliance with the general conditions;
- to initiate legal proceedings;
- verify the identity of Clients;
9.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
9.3.4. Recipients of the data
The data collected are only available to Falnow within the limits strictly necessary for the execution of the contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party.
9.3.5. Duration of storage of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which Falnow's responsibility may be engaged.
After the retention period, Falnow commits to permanently delete the data of the concerned persons without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to Falnow's premises is also secured.
9.3.7. Data minimisation
Falnow may also collect and process any data voluntarily submitted by its Clients.
Falnow directs its Clients to provide personal data strictly necessary for the execution of the contractual commitments.
Falnow undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
9.4. Respect of rights
Falnow's Clients have the following rights concerning their personal data, which they can exercise by writing to Falnow's postal address or by filling in the online contact form.
9.4.1. Right to information, access and communication of data
Falnow's Clients have the right to access their personal data.
Due to Falnow's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Clients provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of written request), both of which must be accompanied by the words "I certify on my honour that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Customers will find here a model letter drawn up by the CNIL.
9.4.2. Right to rectify, delete and forget data
Falnow's Clients have the possibility to ask for the rectification, the update, the blocking or the deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
Falnow's Clients may also define general and specific directives regarding the fate of their personal data after their death. If necessary, the heirs of a deceased person may require that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in their request, Customers will find here a model letter drawn up by the CNIL.
9.4.3. Right to object to the processing of data
Falnow's Clients have the possibility to object to the processing of their personal data.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
9.4.4. Right to data portability
Falnow's Clients have the right to receive the personal data they have provided to Falnow in a transferable, open and readable format.
9.4.5. Right to limit processing
Falnow's Clients have the right to request that the processing of their personal data by Falnow be limited. Thus, their data will only be kept and not used by Falnow.
9.4.6. Response time
Falnow undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable timeframe which shall not exceed 1 month from the receipt of the request.
9.4.7. Complaint to the competent authority
If Falnow's Clients consider that Falnow is not respecting its obligations regarding their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the Cnil, to which they may address a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
Falnow uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.
Falnow has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
Falnow uses the following subcontractors:
| Partner | Quality | Country recipient | Treatment carried out | Guarantees |
| … | … | … | … | … |