The general terms and conditions are applicable between SASU FLY CAN, share capital: 1 000 €, RCS of Cannes: 840 933 410, head office: 40 route de Breguières, 06110 Le Cannet, France, email: helpdesk@falnow.com, 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”.

"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 SASU FLY CAN, 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. 

"Pyramid": a voucher allowing access to certain features of the Service. Pyramids can be purchased directly on the Application.

"Falnow": SASU FLY CAN in its capacity as publisher of the Application.

"Service": service offered by Falnow on the Application and consisting of a 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.

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.

  4.1 Purpose of the Application

The purpose of the Application is to offer the Services to Clients. 

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.   

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.

To do so, they must purchase Pyramids and spend them within the Application as part of the Service. An additional interpretation costs one Pyramid.

The Customer may also decide to subscribe to the Premium Service by taking out a Subscription. The Premium Service allows the Customer to obtain interpretations more quickly and to have more interpretations per day than with the Classic Service.

  

 

In order to place an order, Customers may select one or more Pyramids.

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.

 

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. 

 

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.  

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.

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.

 

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.

 

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.  

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.

Falnow will send or make available to the Client an electronic invoice after each payment. The Client expressly agrees to receive invoices electronically.  

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.  

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.  

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.

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.

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.

 

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.  

Within the framework of its services, Falnow will have to process personal data of its Clients.  

The person responsible for the collection and processing of data on the Application is Falnow.  

The Data Protection Officer is: The Data Protection Officer is: Email : helpdesk@falnow.com URL : https://www.falnow.com  

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.  

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;  

The legal basis for the data collected is a contractual relationship.  

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.  

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.  

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.  

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.  

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.

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.  

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.  

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.  

Falnow's Clients have the right to receive the personal data they have provided to Falnow in a transferable, open and readable format.   

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.

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.  

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.  

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

… … … … …

 

Clients also consent to Falnow's disclosure of the collected data to any person, upon request of a state authority or judicial decision.   

If Falnow is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the transfer of the collected data by Falnow to this company and to the operation of the personal data processing operations described in these Terms of Service by this company instead of Falnow.  

Falnow undertakes to exercise due care and diligence in providing Services of the quality specified in these Terms and Conditions. Falnow is only responsible for an obligation of means concerning the services which are the object of these Terms and Conditions.

The Client is solely responsible for the use and interpretation of the Services, for the choice of the information he selects, for its conformity to the use for which it is intended, as well as for the use he makes of it. The use of the Services is under the sole responsibility of the Client. 

It is specified for all practical purposes that the Services offered on the Application do not in any way allow for a medical or psychological diagnosis and do not in any way constitute a consultation on romantic relationships or couple therapy. The consultation and the use of the Services proposed on the Application do not replace in any case the consultation of a professional.

Falnow cannot be held responsible for the use of the Services by the Client.

The consultation of the Service must be done in a stable, safe and known environment for the Client and in a calm and serene context.   

Falnow will not be liable in case of force majeure or fault of the Customer, as defined in the present article:  

For the purposes of these terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, will be considered as a case of force majeure opposable to the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, security breach by the Application's host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond Falnow's reasonable control. In such circumstances, Falnow will be excused from performing its obligations to the extent of such impediment, limitation or disruption.  

For the purposes of these Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, failure to follow the advice given by Falnow on its Application, any disclosure or unlawful use of the Customer's password, codes and credentials, as well as the provision of erroneous information or failure to update such information in its personal space, will be considered a fault of the Customer. The use of any technical process, such as robots or automatic requests, which contravene the letter or spirit of these general terms and conditions of sale, shall also be considered a fault of the Customer.  

In the event of impossibility of access to the Application, due to technical problems of any kind, the Customer may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or several online services, cannot be considered as a prejudice for the Clients and cannot give rise to any damages from Falnow. 

The hypertext links on the Site may refer to other websites. Falnow cannot be held responsible if the content of these sites contravenes the laws in force. Similarly, Falnow cannot be held responsible if the Customer's visit to one of these sites causes him/her harm.   

In the absence of legal or regulatory provisions to the contrary, Falnow's liability is limited to the direct, personal and certain prejudice suffered by the Client and linked to the failure in question. Falnow will not be held responsible for indirect damages such as, but not limited to, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly and within the same limits, the amount of damages for which Falnow is liable cannot exceed the price of the Credit purchased or the Subscription subscribed.  

The Contents of the Application are published for information purposes only, without any guarantee of accuracy. Falnow cannot be held responsible for any omission, inaccuracy or error contained in this information, which could cause direct or indirect damage to the Customer.  

The data, including comments, published on the Application by the Client are under its own responsibility.

In this context, Falnow will benefit from the status of data host as defined in article 6-I-2 of the Law for Confidence in the Digital Economy of June 21st 2004. In accordance with paragraph 3 of the same article, Falnow will not be held civilly or criminally liable for these comments, unless, as soon as it has become aware of the illicit activity or information, it has acted promptly to remove this information or to make access impossible.    

The Content of the Application may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Falnow or its assignees or beneficiaries constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to legal proceedings for counterfeiting.   

The Client contractually commits to Falnow not to use, reproduce or represent, in any way whatsoever, the Contents of the Application, whether or not they are protected by an intellectual property right, for any other purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Application for indexing purposes.

Falnow offers the Customer to download the Application from the Store. The download of the Application is free. In this context, Falnow grants to the Client, on a non-exclusive basis, an end-user license to the Application. The license is granted for the whole world and for all languages. The license only covers the right to reproduce the Application, for the sole purpose of downloading the Application and its execution, as well as the right to use the Application, excluding :

• any reproduction with a view to marketing, putting into circulation, re-broadcasting, distributing, publishing the Application or installing the Application on a computer other than those of the Client;

• any representation, even partial, of the Application, in particular by means of communications to the public online or public projections;

• any translation, adaptation, arrangement or modification of the Application, as well as any export or merger of the latter with other computer applications.

• any compilation, decompilation, disassembly, translation, analysis, reverse engineering of the Application.

The rights to use the Application are personal and non-transferable. The rights granted to the Client are exclusively for a single user, for its own needs, to the exclusion of any form of supply to third parties, even to a subsidiary company or a Client of a legal or de facto group. The Client may not transfer all or part of the rights and obligations resulting from this contract, either within the framework of the material existence of the rights that are the subject of this licence.

The present general conditions are subject to the application of French law.   

The present terms and conditions may be modified at any time by Falnow. The terms and conditions applicable to the Customer are those in force on the day of his order or his connection to the present Application, any new connection to the personal space implying acceptance of the new terms and conditions.   

Pursuant to Order No. 2015-1033 of 20 August 2015, any dispute that may arise in the context of the performance of these general terms and conditions and for which a solution has not been found amicably between the parties shall be submitted to XXX: [URL of your mediator].

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.

The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this agreement.

Falnow's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.  

The Customer is informed that he/she has the possibility to register on the telephone canvassing opposition list at http://www.bloctel.gouv.fr/.   

The present general conditions are offered in French.  

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.  

In the case of distance selling, as defined by article L. 221-1 of the French Consumer Code, within fourteen days, including public holidays, from the date of the order or the commitment to purchase, the Customer has the right to cancel the order by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

Any clause in the contract by which the customer waives his right to renounce his order or purchase commitment is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 221-2.  

If you cancel your order

you can use the detachable form opposite.  

===================================================================  

ORDER CANCELLATION

Consumer Code art. L. 221-5  

Conditions:

∗ complete and sign this form

∗ send it by registered letter with acknowledgement of receipt

∗ use the address given in Article 1

∗ send it at the latest on the fourteenth day from the day of the order or, if this period normally expires on a Saturday, a Sunday or a public holiday, on the first working day thereafter.  

I, the undersigned, hereby declare that I cancel the following order:  

∗ Nature of the goods or service ordered: ......................................................................................  

.......................................................................................................................................................  

∗ Date of the order: ........................................................................................................................  

∗ Date of receipt of the order: ........................................................................................................

  ∗ Name of the customer: ...............................................................................................................  

∗ Customer's address: ....................................................................................................................  

.......................................................................................................................................................  

Customer's signature :