Terms and Conditions of Use for Application Services
Last updated: April 14, 2026 · Version 1.1
Preamble
Tendbble, a simplified joint-stock company with share capital of €40,000, whose registered office is located at Rue Pierre Laffitte – Alpha Sophia Antipolis – 06410 Biot, registered in the ANTIBES Trade and Companies Register under number 944 165 398, represented by Mr. Clément DESPAUX (hereinafter referred to as "Tendbble"), offers digital services and publishes a platform that allows users to create, publish, distribute, comment on, collaborate on, or share content, either publicly or privately, with a view to promoting exchanges, social interactions, the creation of communities, or connections between individuals or interest groups. (hereinafter referred to as the "Application," as this term will be further described below).
Tendbble thus provides its users (hereinafter referred to as the "User(s)," as this term will be further described below) a social network service dedicated to the sharing, assembly, and creation of visual and textual content, including the creation and sharing of personal or collaborative content, comments, or any other messaging-type elements between Users or groups of individuals (short video sequences or photographs).
Tendbble and the User are hereinafter referred to individually as the "Party" and jointly as the "Parties."
These General Terms and Conditions of Use and Service Provision (hereinafter referred to as the "GTCU") are intended to define the conditions of use of the Application by Users, as well as the conditions for subscribing to various subscriptions. They apply, without restriction or reservation, to the use of the Application, as soon as an account (hereinafter referred to as the "Account" as this term will be further described below) is created by the User.
Downloading the Application and subscribing to an Account necessarily implies acceptance of the GTCU, which the User may download at any time in PDF format from the Application in order to keep a copy.
Contact details:
For any comments, questions, or suggestions, Tendbble's postal address is as follows:
S.A.S Tendbble Rue Pierre Laffitte Alpha Sophia Antipolis 06410 Biot – France
The publication director and editorial manager is Mr. Clément DESPAUX.
The Application is hosted by Amazon AWS, whose registered office is located at 26-28 North Wall Quay, Dublin 1, D01 T3X0, Ireland.
Definitions
Each of the terms mentioned above and below beginning with a capital letter shall have the meaning given in its definition, whether used in the singular or plural, namely:
Subscription: refers to the agreement whereby the User may regularly benefit from the Services offered on the Application upon subscription and in accordance with the terms and conditions set out in the Agreement
In-App Purchase: refers to consumable digital content not stored on a physical medium that the User may purchase via the Application, such as gifts, filters, badges, and rewards, which the User may then use exclusively on the Application in accordance with the terms and conditions set out in the corresponding Purchase Confirmation
Third-Party Advertisers: refers to any third party who, on the basis of a contract signed with Tendbble, promotes its advertisements, publicity, and offers on the Application to the User
Application: refers to the mobile application "Tendbble" available online on the App Store (Apple) and Google Play (Android), accessible via smartphones and/or tablets
Account: refers to the interface that allows the User, upon subscription, to access all Services, view and/or modify their personal information, complete and publish their Profile, integrate Content, and interact with other Users
Subscription Confirmation or Purchase Confirmation: refers to the written dematerialized notification confirming to the User their subscription to a Subscription or their request for an In-App Purchase. The Subscription Confirmation or Purchase Confirmation is issued directly on the Application at the end of the corresponding procedure and summarizes the essential elements of the contract, such as the specific terms and conditions applicable to the performance of the Services, including the price, duration, and characteristics thereof.
Content: refers to all data and content entered, created and/or published by a single User in connection with their use of the Application, including, but not limited to, text, photographs or videos.
Collaborative Content: refers to each piece of Content created by a User, assembled/arranged/edited with any other Content created by the User themselves or any other User for the purpose of creating collaborative Content.
Contributions: refers to all content elements, regardless of format (text, photography, video, sound, etc.), entered, created and/or published by a User in connection with their use of the Application. Each Contribution constitutes Content when it is created by a single User and is not integrated into Collaborative Content.
Agreement: refers to all contractual documents binding between the Parties as listed in the "Enforceability of the GTU" section below.
Personal Data: refers to any information relating to an identified or identifiable natural person (data subject), directly or indirectly, by reference to an identification number or to one or more factors specific to that natural person (including, but not limited to, their name, telephone number, date of birth). Information concerning the collection of the User's Personal Data is set out in the Privacy Policy.
Intellectual property rights: refers to all intellectual property rights relating to the development, creation, operation, use, and management of the Application, including, but not limited to: - its computer components (including software and computer developments and web pages, source code and object code programs, preparatory design work, specifications and preliminary studies, user documentation); - its graphic charter (including designs, models, prototypes, and plans); - any content incorporated therein (including, without limitation, the Constituent Elements); - more generally, and without limitation, Trademarks, designs and models, whether registered or not, database rights, copyright, inventions, domain names, sui generis extraction rights relating to databases, know-how, trade names, design, specifications, models, drawings, photographs, works of art and all other intellectual property rights and rights of a similar or corresponding nature in any part of the world (whether or not registered or capable of being registered), as well as all claims and rights to seek protection of any of the above
Constituent elements: refers to all textual, audio, visual, multimedia and graphic elements present on the Application or its components, including, but not limited to, the structure, pages, editorial content, texts, icons, photographs, videos, animations, sections, drawings, illustrations, images, audio clips, software, scripts, source codes, databases, and the features of the Application.
Hosting: refers to the storage and processing of the Constituent Elements, Content, and Collaborative Content, enabling them to be accessed via the Application
Trademarks: refers to all French, European or international trademarks or distinctive signs to which Tendbble holds rights, by any means whatsoever
Privacy Policy: refers to the charter relating to the policy for managing the User's Personal Data implemented by Tendbble and set out in a separate document, which forms an integral part of the Agreement applicable between the Parties
Profile: refers to the interface where the User's information and choices are public. The Profile can be managed from the User's Account.
Applicable regulations: refers to all legal and regulatory provisions in force applicable to the protection of personal data, in particular Law No. 78-17 of January 6, 1978 on information technology, files and civil liberties, as amended, its implementing texts, Regulation (EU) 2016/679 of April 27, 2016 on data protection (hereinafter "GDPR") and any legal or regulatory provisions that may be added or replace them at a later date
Community Rules: refers to the rules established by Tendbble to ensure the safety of Users with regard to the types of Content and Collaborative Content authorized for publication on the Application and set out in a separate document that forms an integral part of the Agreement applicable between the Parties
Services: refers to all services offered and published by Tendbble within the Application, such as:
- creating an Account;
- completing a Profile and publishing it for the purpose of connecting and sharing Content between Users;
- editing, co-creating, and publishing Content in the form of photographs, videos, or any other type of content;
- publishing collaborative Content with other Users in the form of montages or any other collective media;
- make In-App Purchases;
- view products or services for marketing or advertising purposes;
- access content for commercial or advertising purposes.
User: refers to any person who uses or wishes to use the Application in order to benefit from the Services offered by Tendbble in this context.
Purpose of the GTU
These GTU aim to define the conditions of use of the Application and the Services resulting therefrom by Users.
Terms of application of the GTU
4.01 Scope of application of the GTU
The SUCS are written in French.
They specify, in particular, the various steps required to open an Account, as well as the terms and conditions of use of the Application and management of the Services.
Except in cases of manifest illegality, Tendbble is in no way responsible for the commercial practices implemented on other sites or by other companies to which the User may have access from the Application via hypertext links, buttons, logos, emanating from any third parties and/or third-party Advertisers of which it is not the author. It is the User's responsibility to refer to the terms and conditions of said websites, applications or companies before contracting with these services.
4.02 Enforceability of the GTU
The contractual documents enforceable against the Parties, to the exclusion of all other documents, prospectuses, catalogs, or photographs, which are for informational purposes only, are as follows, in descending order of priority: - the Subscription Confirmation or Purchase Confirmation; - these GTCU; - the Privacy Policy subject to these GTU and accepted at the same time as these; and - the Community Rules subject to these GTCU and validated at the same time as these.
The GTU are deemed to have been read and accepted by the User prior to their effective validation (checkbox to be ticked when creating the Account).
The GTU replace any previous agreement or contractual document that may bind Tendbble and the User.
The User declares that they have read these GTCU in their entirety and accept the obligations to which they are bound. In the absence of such acceptance, the User may not continue their subscription to the Account and/or use of the Services.
The User may download the GTCU in PDF format or keep a copy by printing them out. They are also available in their updated form and permanently in the Application by clicking on the tab "DOWNLOAD THE GENERAL TERMS AND CONDITIONS OF USE OF THE TENDBBLE APPLICATION SERVICES".
4.03 Modification of the GTCU
Tendbble reserves the right to modify the GTCU as necessary, in accordance with technical developments to the Application and the Services offered, or changes in legislation, at its sole discretion.
Use of the Application and Services is always subject to the most recent version of the GTCU posted on the Application and accessible to the User at the time of such use.
It is the User's responsibility to consult the GTCU as often as necessary. In any event, any significant changes will be notified in writing by any means to the User at least thirty (30) calendar days before they come into effect.
If, following this notification, the User wishes to terminate the Agreement, they may do so at any time prior to the effective application of the said modification: - by sending a letter to Tendbble's postal address as mentioned in the preamble; or
- by clicking on the "DELETE MY ACCOUNT" tab.
Where applicable, Tendbble will close the Account on the effective date of the new GTU.
During the period preceding the effective termination, the User shall continue to benefit from the Services until the end of the Agreement.
If the User fails to express their intention to terminate the Agreement within the period indicated above, and in particular by continuing to use the Application after this period, they will be deemed to have accepted the modification of the UGC.
Tendbble may also make changes and improvements to the editorial content at any time. All such changes and improvements will benefit the User.
When using the Services, the User may be subject to any guidelines or rules posted on the Application and applicable to the Services offered therein. All such guidelines or rules are deemed to be included by reference in the UGC and shall, in any event, be binding on the User upon their entry into force.
Account activation and subscription procedure
5.01 Terms and conditions of access to the Application
Use of the Services, including the creation of an Account, is reserved for any User who is natural persons who are at least fifteen (15) years of age and/or of the legal age required in their country, or who have obtained the authorization of their legal representative, and who are not protected within the meaning of Article 488 of the French Civil Code and/or the article concerning the capacity of persons in force in their country. However, it is specified that minor Users may only use the Services available via the Application to the extent that they are authorized to do so by applicable law or, failing that, must obtain the authorization of their legal representatives.
The User is personally responsible for setting up the IT and telecommunications equipment required to access the Application.
It is the User's responsibility to protect their technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion. Where applicable, unless there is a breach on its part, Tendbble cannot be held liable.
The User remains solely responsible for the installation, operation, and maintenance of the technical equipment necessary to access the Application and Services.
Under no circumstances shall Tendbble be held liable if the features offered prove to be incompatible or malfunction with any of the User's software, configurations, operating systems, or equipment, unless the latter are expressly mentioned as compatible and interoperable with the Application.
The User shall bear the telecommunications costs necessary for internet access during the period of use of the Application.
5.02 Terms and conditions for activating the Account
After downloading the Application, the User may subscribe by clicking on the " " tab provided for this purpose.
To do so, the User must create an Account by entering their phone number and accepting all the documents that make up the Agreement.
The phone number provided is verified and authenticated via the transmission of a verification code (One-Time Password – OTP) to ensure secure authentication of the User.
In the event that the use of an email address becomes necessary to access certain features of the Application, Tendbble will also verify the email address by sending a confirmation code, under the same security conditions.
The User must then provide all the information required to complete the activation of their Account.
The User undertakes to provide only accurate, current, and complete information, which they guarantee to be accurate, truthful, and reliable at all times, and to update this information in order to maintain its accuracy, relevance, and completeness.
Tendbble reserves the right to verify the identity of the User.
Activation entails the publication of the Account and the ability for the User to manage it from the "SETTINGS" tab.
Tendbble reserves the right to suspend or delete the User's Account and their access to the Application and Services if they create more than one (1) Account, or if any information provided during the activation process or thereafter proves to be inaccurate, obsolete or incomplete.
The User undertakes not to use a User name that could be contrary to public order or infringe the rights of third parties (in particular, the use of names, titles or works protected by copyright or related rights, trademarks, company names).
Tendbble reserves the right to refuse and/or require the correction of the chosen User name.
5.03 Subscription and In-App Purchases
Once their Account has been created, in order to subscribe to a Subscription, Users must fill in the information required for this purpose on the Application and select the options they wish.
The User has the option to check their subscription before final confirmation.
Upon subscription, the User will benefit from the additional Services included in their Subscription.
The Subscription is concluded for the period specified in the Subscription Confirmation.
In this regard, it is specified that the Subscription may be for a fixed monthly or annual term, renewable by tacit agreement in accordance with the conditions set out in the Subscription Confirmation, where applicable.
Consequently, for the User's full information, the articles of the French Consumer Code relating to this article are reproduced below:
Article L. 215-1 of the French Consumer Code:
"For service contracts concluded for a fixed term with a tacit renewal clause, the service provider shall inform the consumer in writing, by letter or dedicated email, at the earliest three months and at the latest one month before the end of the period allowing for the rejection of the renewal, of the possibility of not renewing the contract concluded with a tacit renewal clause. This information, provided in clear and comprehensible terms, shall mention, in a clearly visible box, the deadline for non-renewal. Where this information has not been provided in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advance payments made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be refunded within thirty days of the date of termination, less any sums corresponding to the performance of the contract up to that date. The provisions of this article shall apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information. By way of exception to the first paragraph of this article, for the pur , contracts for the provision of television services within the meaning of Article 2 of Law No. 86-1067 of September 30, 1986 on freedom of communication and for contracts for the provision of on-demand audiovisual media services, the consumer may terminate the contract free of charge at any time after the first renewal, if they change their place of residence or their tax household changes.
Article L. 215-3 of the French Consumer Code:
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
Article L. 241-3 of the French Consumer Code:
"Where the professional has not made the refund in accordance with the conditions set out in Article L. 215-1, the sums due shall bear interest at the legal rate."
Regardless of any Subscription, the User may also make In-App Purchases in accordance with the procedure provided for this purpose in the Application.
5.04 Account deletion
If the User wishes to terminate the Agreement by deleting their Account, they may do so at any time:
- by sending a letter to Tendbble's postal address as mentioned in the preamble; or
- by clicking on the "DELETE MY ACCOUNT" tab.
Where applicable, Tendbble will close the Account upon receipt of the User's request.
If necessary, during the period preceding the effective termination, the User shall continue to benefit from the Services until the end of the Agreement.
Upon termination, the Content will be stored for a period of twelve (12) months before being permanently deleted.
Terms of use of the account
The User may only access their Account by using their username linked to their personal information, via an authentication system integrated into the Application, based in particular on the transmission of a one-time password (OTP). Access may also be gained via connection APIs and/or account verification and third-party authentication information such as Google, Apple, Facebook, or any other authentication service required by the Application.
The User is responsible for protecting their password or personal verification code (OTP) linked to their Account and undertakes not to disclose it to third parties.
The User acknowledges that actions taken on their Account are attributed to them when their username, password, and/or personal verification code (OTP) have been activated and in the absence of any request to revoke the compromised information. They are therefore solely responsible for any activity or action on their Account, whether or not they have authorized such activities or actions.
The User also undertakes to immediately notify Tendbble in writing of any unauthorized use of their Account.
Tendbble reserves the right to delete or suspend the User's access to their Account in the event of proven or suspected compromise of the password.
Each User may only open one (1) single Account in their name and undertakes not to create or use on the Application any other Accounts that they have not initially created, whether under their own identity or that of a third party. Failure to do so may result in Tendbble suspending or deleting the fraudulent Account and/or the User's Account.
An Account is considered inactive after twelve (12) months without the User logging into the Application.
Tendbble reserves the right to delete the inactive Account after informing the User in advance, who may object to this.
Where applicable, written notification will be sent by any means to the User to warn them of their Account's inactivity and ask them to log in before a pre-determined date.
If the User does not log in within the specified period, Tendbble will act as the agent of the inactive User to take steps to contact them, in accordance with the relevant provisions of the Privacy Policy. As such, in the event of the Account being deleted due to inactivity, the User's Personal Data will be immediately deleted.
Right of withdrawal
7.01 Subscription
When subscribing to a Subscription, the User, insofar as they are acting as a consumer, has a period of fourteen (14) calendar days from the date of subscription to exercise their right of withdrawal, free of charge and without justification.
HOWEVER, IN APPLICATION OF ARTICLE L. 221-25 OF THE FRENCH CONSUMER CODE, BY ACCEPTING THE GTCU, THE USER EXPRESSLY GIVES THEIR CONSENT FOR THE CORRESPONDING SERVICES (SERVICES ARISING FROM THE SUBSCRIPTION, EXCLUDING IN-APP PURCHASES) TO START BEFORE THE END OF THEIR WITHDRAWAL PERIOD.
Consequently, if the User exercises their right of withdrawal after the Subscription date, they will be required to pay Tendbble the amount corresponding to the service actually provided until the date on which they notify Tendbble of their decision to withdraw.
Where applicable, in order to exercise their right of withdrawal, the User must submit a withdrawal request using the template provided in Appendix I hereto.
The User is informed that once the Services have been fully performed, they will no longer have the right to withdraw.
Tendbble will retain all means of proof enabling it to establish the User's explicit request to start the Services before the end of the withdrawal period, such as checkboxes, text messages, and/or emails, which establish the User's express consent on a durable electronic medium in accordance with the "Evidence Agreement" section of these Terms and Conditions.
7.02 In-App Purchases
In the context of In-App Purchases, the User, insofar as they are acting as a consumer, has a period of fourteen (14) calendar days from the date of conclusion to exercise their right of withdrawal, free of charge and without justification.
HOWEVER, IN ACCORDANCE WITH ARTICLE L. 221-28 13° OF THE FRENCH CONSUMER CODE, BY ACCEPTING THE GTCU, THE USER EXPRESSLY CONSENTS TO THE CORRESPONDING SERVICES (IN-APP PURCHASES) STARTING BEFORE THE END OF THEIR WITHDRAWAL PERIOD AND EXPRESSLY ACKNOWLEDGES THAT THEY WAIVE THEIR RIGHT OF WITHDRAWAL.
Tendbble will retain all means of proof enabling it to establish the User's explicit request to start the Services before the end of their withdrawal period, such as, in particular, checkboxes, text messages, and/or emails, which establish their express consent on a durable electronic medium in accordance with the "Evidence Agreement" section of these Terms and Conditions.
Terms and conditions of service provision
8.01 General provisions
The Application offered by Tendbble allows the User to:
- manage their Account and complete their Profile for publication purposes;
- use the tools available on the Application, including the ability to capture a photograph or video of themselves or their environment within a defined time frame;
- share their Content with other Users, either publicly or privately, and also share their location if they wish;
- edit, co-create, and publish collaborative Content with other Users in the form of montages or any other collective media;
- access Content or collaborative Content shared by other Users, as well as their Profile;
- communicate with other Users by sending feedback, comments, or audio, written, and/or photographic or video messages;
- to make In-App Purchases for use exclusively on the Application in accordance with the terms and conditions and within the time limits specified in the corresponding Purchase Confirmation, it being understood that these are for single use only and may, where applicable, be subject to an expiry date.
For any Subscription or In-App Purchase, the User will receive a Subscription Confirmation or Purchase Confirmation.
8.02 Profile creation/online Profile activation
The Profile is automatically activated from the User Account interface once the User has authenticated themselves using their one-time password (OTP), sent by text message or email, for their first use. To this end, either of these pieces of information may be requested by Tenddble from the User.
Activation results in the Profile being published on the Application.
The User is asked to enter the following information:
- phone number;
- password or verification code;
- profile photo and/or profile cover photo;
- first name;
- first name;
- username (unique for identification on the Application);
- gender;
- date of birth;
- phone contacts (list of contacts stored on the phone), collected only with the User's explicit consent, in accordance with the permissions of the mobile operating system (iOS/Android), for the purpose of facilitating contact with contacts already present on the Application.
Tendbble indexes Profiles based on the information entered by the User.
It is expressly agreed between the Parties that Tendbble may verify the Profile and reserves the right to refuse to activate it, in particular if Tendbble finds that the Agreement has been breached.
However, Tendbble's failure to refuse activation does not imply verification of the elements listed above or approval of the Profile.
8.03 Publication of Content or Collaborative Content
(a) Collaborative Content and Contributions integrated into Collaborative Content Users may use the Application to jointly generate Collaborative Content incorporating their respective Contributions.
Without prejudice to the rights that each User retains over their own Contribution, by participating in the creation or publication of Collaborative Content, the User acknowledges that it is the result of collaboration and that they cannot claim exclusive ownership of it or demand its unilateral removal.
When one or more Users publish Collaborative Content, which is by nature a collaborative work within the meaning of Article L. 113-2 of the French Intellectual Property Code, the User: - declares, and personally undertakes in this regard, that they have obtained the authorization of each of the other Users who created and provided their Contribution for the creation of the Collaborative Content that is the subject of this publication; - in this regard, declares and personally undertakes to have been authorized by each of the Users who are authors of a Contribution included in the Collaborative Content, for the purpose of granting and authorising the use, reproduction and distribution by Tendbble of the Collaborative Content and each Contribution concerned on the Application, for the sole purpose of performing the Services, to the exclusion of any use or sharing by other Users outside the Application, unless expressly agreed by the persons concerned.
This authorization to use the Collaborative Content and/or Contributions, granted by the User responsible for publishing the Collaborative Content to Tendbble is valid for the entire duration of the Subscription, as well as for a period of thirty (30) years from the first publication by any of the Users for any reason whatsoever, and is granted free of charge and worldwide. Tendbble cannot be held liable for the failure of any User author of a Contribution to obtain consent prior to the publication of the Collaborative Content.
In view of the authorization granted herein, the User acknowledges that they may not claim compensation for any damage resulting from the use of Contributions included in Collaborative Content.
Under these conditions, the User guarantees to Tendbble that they hold all necessary rights to the Collaborative Content or, where applicable, the Contribution included in Collaborative Content. The User therefore indemnifies Tendbble against any claim, action or demand on the grounds that all or part of the Collaborative Content or, where applicable, the Contribution concerned infringes the rights of third parties, including, in particular, actions for infringement and parasitism, and shall be liable for all damages, costs, fines and sums arising therefrom.
(b) Contributions and Content The User acknowledges that upon publication of Content or, where applicable, Collaborative Content, they grant Tendbble a free, non-exclusive license to use the Content or, where applicable, the Contribution concerned.
Upon publication, the User thereby authorizes Tendbble to use, reproduce, and distribute the Content or Contribution, published independently of any Collaborative Content, concerned on the Application, solely for the purpose of providing the Services, to the exclusion of any use or sharing by other Users outside the Application, unless expressly agreed by the persons concerned.
This authorization to use the Content or Contributions, published independently of any Collaborative Content, granted by the User to Tendbble shall remain in force for the entire duration of the Subscription, as well as for a period of twelve (12) months from the closure of the User's Account for any reason whatsoever, and is granted free of charge and worldwide.
Tendbble expressly refrains from using the Content or Contribution, published independently of any Collaborative Content, in any way that could infringe on the privacy or reputation of the User.
In view of the authorization granted herein, the User acknowledges that they shall not be entitled to claim compensation for any damage resulting from the use of the Content or Contribution, published independently of any Collaborative Content.
Under these conditions, the User guarantees to Tendbble that they hold all necessary rights to the Content or, where applicable, the Contribution, published independently of any Collaborative Content, concerned. The User therefore indemnifies Tendbble against any claim, action or demand on the grounds that all or part of the Content or, where applicable, the Contribution concerned infringes the rights of third parties, including, in particular, actions for infringement and parasitism, and shall be liable for all damages, costs, fines and sums arising therefrom. In accordance with the article "Specific guarantees and obligations relating to Content Hosting" herein, Tendbble reserves the right to remove any Content or, where applicable, any Collaborative Content, or to modify its terms and conditions of publication in the event of a report or breach of the GTU.
Unless expressly consented to by the User(s) at the time of publication, all Content or Collaborative Content is considered private and remains limited to use on the Application.
(c) Visibility of Content The visibility (public or private) of each piece of Content published by the User can be configured in the "SETTINGS" tab.
(d) Image rights The User acknowledges that the Content or, where applicable, the Collaborative Content, of any nature whatsoever, may contain photographs and videos in which they are identifiable and recognizable.
Under these conditions, in order to allow the publication of such Content or, where applicable, such Collaborative Content on the Application, upon publication, the User expressly authorizes Tendbble to reproduce and distribute, on a non-exclusive basis, the photographs and videos representing them, in whole or in part, in any form and on any media published on the Application.
This authorization is valid for the entire duration of the Subscription, as well as for a period of twelve (12) months from the closure of the User's Account for any reason whatsoever, and is granted free of charge and worldwide.
Tendbble undertakes to ensure that the use of such photographs and/or videos does not exceed the authorization thus granted, while strictly respecting the dignity, privacy, and rights of the User concerned.
In the event that the Content or, where applicable, the Collaborative Content allows a third party to be identified and recognized, the User undertakes to obtain the authorization of the person concerned for this purpose, without Tendbble being held liable in this respect.
8.04 Sharing and connecting Users
The Application allows Users to view their Account information, complete their Profile for publication purposes, communicate and interact with other Users, and share Content or Collaborative Content. Tendbble connects non-professional Users only.
In particular, without this list being exhaustive, the User is informed that they are strictly prohibited from:
- use the Application and/or its Components in an unauthorized or fraudulent manner for illegal purposes or effects;
- access or attempt to access restricted resources or areas of the Application without complying with the conditions required for such access;
- introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the owner of the Application, its suppliers, other Users or any third party;
- introduce Content or Collaborative Content that may constitute a press offense under the law of July 29, 1881 on freedom of the press;
- to disseminate any Content or Collaborative Content that is defamatory, abusive, obscene, racist or xenophobic, shocking, inciting hatred or violence, threatening, constituting harassment, and in general any Content or Collaborative Content that is contrary to the laws and regulations in force, morality or public order;
- in any way infringe on the right to privacy and image rights of other Users or any third party;
- to distribute photographs or images showing third parties in a recognizable manner without their consent or the consent of their legal representative, under penalty of infringing their image rights;
- download, send, distribute or transmit any Content or Collaborative Content that could constitute corruption of minors;
- download, send, distribute or transmit any Content or Collaborative Content that could constitute a false statement, an attack on the authority of the courts or that contains confidential information;
- download, send, distribute or transmit any Content or Collaborative Content intended to display or sell prohibited items and/or works;
- impersonate another User, or for any other person that they are not, or communicate under a false name, a false status or a User name that they are not authorized or entitled to use;
- lie about their age (whether they are an adult or a minor);
- download, send, distribute or transmit any Content or Collaborative Content that infringes any patent, trademark, trade secret, copyright, intellectual property right or any other property right belonging to others;
- harass, persecute, or embarrass, in any way whatsoever, and in particular through any inappropriate comments on Content or Collaborative Content published on the Application, another or several other Users, or any other person;
- solicit the exchange, sale or purchase of items of a pornographic and/or illegal nature, including, but not limited to, photographs, films, videos, recordings and images, whether realistic or not.
Tendbble reserves the right to remove the Profile of any User who provides inaccurate and/or illegal information, or to partially or totally withdraw access to any illegal Content or Collaborative Content in accordance with the article "Specific guarantees and obligations relating to Content Hosting" herein. Tendbble may use internal and external tools for the automatic or manual detection of illegal and/or inappropriate Content or Collaborative Content.
When a Profile is delisted or access to Content or Collaborative Content is withdrawn, Tendbble will notify the User concerned via the Application and/or by interactive message sent via the internet (Rich Communication Services – RCS), provided that it has the necessary information to contact them, indicating the reasons for its decision, the internal and legal remedies available to them, and the civil and criminal penalties incurred.
Each User may contact Tendbble to request the removal of another User's Profile or the removal of Content or Collaborative Content if they consider that it contravenes this article. Such requests must be reasoned and justified. Tendbble reserves the right to refuse such requests.
The User acknowledges and accepts that Tendbble excludes all liability for the User's compliance with any agreements or obligations entered into with it or through third parties, as well as compliance with applicable laws, rules, and regulations.
8.05 Advertising and referencing
The use of the Services implies express authorization granted by the User to Tendbble to display advertisements from third-party Advertisers.
By signing up for an Account to use the Services, the User expressly consents to Tendbble using their information for automated referencing and to personalize their experience on the Application, including to display advertisements, offers, announcements, and other types of sponsored content related to the information provided by the User.
In this regard, the User is informed that third-party Advertisers may provide Tendbble with their commercial objectives and the type of audience they wish to target in order to display their advertisements to people who, in Tendbble's opinion, may be interested.
Tendbble also sends third-party Advertisers reports on the performance of their ads. These reports may include general demographic information related, for example, to Users' interests.
In this context, however, Tendbble does not share any information with third-party Advertisers that could be used on its own to contact or identify the User, such as their name or phone number. To this end, any Personal Data of the User thus transmitted is anonymized and subject to obtaining their prior written consent.
The referencing of third-party Advertisers depends in particular on the demographic (interests, age group, etc.) and geographical (location, travel, etc.) targeting of the User, as well as the duration and budget allocated to the advertising campaign by the third-party Advertisers. All of these criteria are analyzed using ranking and optimization algorithms designed in accordance with the current state of the art.
However, the User may withdraw their consent to the processing of their Personal Data for targeted advertising purposes at any time by clicking on the tabs provided for this purpose. In this case, non-targeted advertisements may continue to be offered to them.
To find out more about how their Personal Data is used in this context, Users may consult the Privacy Policy that they accept at the same time as accepting these terms and conditions, which is available under the "PRIVACY POLICY" tab.
8.06 Pricing
(a) Price determination The price of the Subscription and Services is indicated on the Application and then definitively determined in the Subscription Confirmation or Purchase Confirmation corresponding to the User's choices.
Unless otherwise agreed by the Parties, the price of the Services is deemed to be in US dollars, including all taxes.
The User may not under any circumstances offset, reduce or modify the price, or suspend payment in advance.
(b) Billing and payment terms The billing terms are set out in the Subscription Confirmation or Purchase Confirmation, it being specified that the price to be paid in consideration for the Subscription is due for any future Subscription period (term to expire).
The User is required to pay the net price, without discount.
Unless otherwise agreed by the Parties, prices are invoiced in US dollars, including all taxes.
Each invoice is sent to the User in PDF format via their Account.
Payment can be made by credit card, ApplePay (Apple) or GooglePay (Google).
(c) Price indexation Tendbble reserves the right to modify the amount of the Subscription once (1) per year according to the following formula: R1 = R0 x S1/SO, where:
- R0 is the original remuneration;
- R1 is the new price charged or the revised remuneration;
- S1 is the latest SYNTEC index published on the date of the price revision;
- S0 is the SYNTEC reference index published on the date of the previous revision or on the date of subscription to the service.
If, for economic reasons, S1 is lower than S0, the ratio S1/S0 will be considered equal to 1.
Compliance
Insofar as they are acting as a consumer, the User is entitled to the implementation of the legal guarantee of conformity in the event of a lack of conformity within a period of two (2) years from the supply of the digital content or digital service. During this period, the User is only required to establish the existence of the lack of conformity and not the date on which it occurred.
The legal guarantee of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the guarantee period mentioned above.
The legal guarantee of conformity entitles the User to have the digital content or digital service brought into conformity with the contract by Tendbble without undue delay following their request, free of charge and without significant inconvenience to them.
The User may obtain a price reduction while retaining the digital content or digital service, or may terminate the Agreement and receive a full refund in exchange for waiving the digital content or digital service, if:
1° Tendbble refuses to bring the digital content or digital service into conformity;
2° The compliance of the digital content or digital service is unreasonably delayed;
3° The digital content or digital service cannot be brought into conformity without costs being imposed on the User;
4° The compliance of the digital content or digital service causes a major inconvenience to the User;
5° The non-compliance of the digital content or digital service persists despite Tendbble's unsuccessful attempt to bring it into compliance.
The User is also entitled to a price reduction or termination of the Agreement when the lack of conformity is so serious that it justifies immediate price reduction or termination of the Agreement. In this case, the User is not required to request compliance of the digital content or digital service in advance.
In cases where the lack of conformity is minor, the User is only entitled to cancel the Agreement if the latter does not provide for payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity shall suspend the warranty that remained to run until the digital content or digital service is provided again in conformity.
These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
The User also benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the User to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for waiving the digital content or digital service
Customer Service
For any information or to report a complaint, Tendbble's customer service is available to the User by clicking on the "SUPPORT" tab, or via the Tendbble website, which can be viewed and accessed online.
Obligations of the parties
11.01 General obligation to cooperate and provide information
Each Party undertakes to communicate to the other Party any useful information and any warnings about risks of any kind that may affect the Services.
In the context of the performance of the GTCU or an amendment thereto, each Party undertakes to cooperate actively and regularly with the other Party and any third party designated by one of the Parties.
To this end, the Parties shall provide each other, within a reasonable time, with all documents or information necessary for the performance of the GTCU that are requested in writing by one of the Parties or any designated third party.
11.02 Tendbble's warranties and obligations
(a) General warranties and obligations in respect of the Services Tendbble undertakes to implement the technical and human resources necessary to ensure the availability of the Services it provides.
Tendbble undertakes to use all reasonable diligence to limit the risks associated with a breach of the security of the Services (intrusions, hacking, viruses, cyber-attacks).
As the internet is an open network and therefore susceptible to a number of risks, Tendbble cannot guarantee unlimited access to and availability of the Services, even if all measures are taken to ensure that the Application can function even in degraded mode. The User declares that they accept these risks.
Tendbble undertakes to implement the technical measures, including security measures, and the necessary resources to preserve the integrity and availability of the Content or Collaborative Content posted by the User on the Application.
However, Tendbble reserves the right to suspend access to the User's Account when it deems that an event likely to affect the functioning or integrity of the Services so requires or in the event of force majeure in accordance with the GTCU.
The suspension shall apply for the duration necessary for the planned intervention.
In the event of a scheduled intervention, Tendbble undertakes, to the extent possible, to inform the User as soon as possible by any means at its convenience, as soon as it becomes aware of the dates of this intervention.
Unless otherwise required by law, it is expressly agreed between the Parties that a suspension inherent to an intervention, whether scheduled or not, shall in no event engage the liability of Tendbble and shall not give rise to any right to compensation.
(b) Specific guarantees and obligations relating to Content Hosting Tendbble complies with the legal provisions mentioned in Articles 9 to 18 of Regulation (EU) 2022/2065 of October 19, 2022 on a single market for digital services (hereinafter "DSM"). Thus, the User, who is solely responsible for the Content recorded and stored on the Application, formally undertakes to: - Not engage in any acts, statements, or behavior that are punishable by law. - Not to use the Application for illegal purposes or activities, or in any way that may cause harm to third parties. - When publishing Content, of any kind, refrain from any illegal content, namely any content directly or indirectly related to the glorification of crimes against humanity, incitement to commit acts of terrorism and their glorification, incitement to racial hatred or hatred against persons on the grounds of their gender, sexual orientation or identity, or disability, as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, offensive, defamatory, abusive or prejudicial comments, including attacks on human dignity.
In accordance with Article 8 of the RSN, it is understood that Tendbble does not exercise any prior control over Content and Collaborative Content, and undertakes to host it, subject only to compliance with public order.
Consequently, Tendbble reserves the right to promptly remove or restrict access to any illegal Content or Collaborative Content upon receipt of any alert concerning such illegality, in accordance with Article 16 of the RSN.
In the event of partial or total removal caused by a valid complaint, Tendbble will inform the User as soon as possible of the subject of the complaint and the reasons for the partial or total removal prior to the actual removal.
Where applicable, Tendbble shall notify the User concerned via the Application and/or by interactive message sent via the internet (RCS), provided that it has the necessary information to contact them, indicating the reasons for its decision, the internal and legal remedies available to them, and the civil and criminal penalties incurred.
In accordance with Articles 9 and 10 of the RSN, the User is also informed that upon receipt of an injunction to act against one or more elements of illegal Content or Collaborative Content, issued by the competent judicial or administrative authorities, Tendbble shall inform the authority that issued the injunction, or any other authority specified in the injunction, of any action taken in response to the injunction.
In connection with these obligations, the single point of contact designated by Tendbble is as follows: [email protected] .
For more details on the rules relating to the hosting and publication of Content and Collaborative Content, the User may consult the Community Rules by clicking on the tab provided for this purpose.
11.03 User warranties and obligations
The User undertakes to use the Application and Services in accordance with their intended purpose, excluding any use for commercial purposes.
The User shall refrain from any action, statement and/or behavior of any kind that may damage the image, reputation, proper functioning of the Application and/or the interests of Tendbble, as well as its distinctive signs (including Trademarks, logos, name, or any other component of its visual, functional or commercial identity).
Tendbble reserves the right to refuse or suspend any Account for legitimate reasons and, in particular, in the event of:
- abnormal or abusive complaints;
- existing dispute(s) with the User;
- fraud or attempted fraud relating to the use of the Application;
- payment incidents in connection with the payment of the Subscription and/or In-App Purchases.
Where necessary, the User acknowledges that the right to use the Application and the Services is personal.
The User undertakes to make normal use of the Services and to be courteous in all telephone exchanges and communications by any other means.
In any event, Tendbble reserves the right to monitor the User's compliance with the GTU at any time and to terminate the authorization to use the Application and the Services offered therein in the event of non-compliance with any of the provisions of the GTU.
Users who have created an Account can view the status of their Subscription at by clicking on the "YOUR PROFILE" or "ACCOUNT" tab.
Responsibility of the parties
12.01 Tendbble's liability
Tendbble is liable, within the framework of a simple obligation of means, in the event of a breach of its obligations under the Agreement.
- Tendbble, in its capacity as an intermediary service provider within the meaning of the RSN, and more specifically in its capacity as host of the Content and Collaborative Content appearing on the Application and provided by the User, shall only be held liable on the basis of Article 6 of the RSN.
- Tendbble shall not be held liable in the event of use of the Application and Services that does not comply with the GTU or in the event of errors, omissions or delays resulting from a fault or omission on the part of the User, in the event of an unforeseeable and insurmountable event caused by a third party, or in the event of force majeure in accordance with the GTU.
Tendbble cannot be held liable for any action or recourse by third parties or for the suspension of the Account for legitimate reasons as provided for in the Agreement.
12.02 User liability
The User is liable in the event of a breach of their obligations under the Agreement.
The User is responsible for complying with applicable regulations relating to the Content that they post on the Application.
The User is liable for any damage caused by them to another User or to Tendbble.
The User agrees to indemnify Tendbble in the event of any claim, demand or judgment for damages against Tendbble arising from the User's breach of this Agreement.
The User indemnifies Tendbble against any claim, demand or requirement from third parties who allege a violation of their rights as a result of the User's use of the Application and Services or as a result of measures taken by Tendbble to put an end to the violation of third-party rights.
Collection of personal data
Tendbble collects Personal Data from the User when browsing the Application or using the Services offered therein.
This Personal Data is necessary for this use and will be processed in accordance with this purpose.
The User has the right to access, rectify, oppose, and limit the processing of their Personal Data. They also have the option of giving instructions regarding the fate of their data after their death.
These rights may be exercised at any time by providing proof of identity and a legitimate reason if required by the applicable Regulations, by sending a simple request to: - from the "PERSONAL DATA" tab; - by registered letter with acknowledgment of receipt to the following postal address: S.A.S Tendbble Rue Pierre Laffitte Alpha Sophia Antipolis 06410 Biot – France - by email to the following email address: [email protected].
FOR FULL INFORMATION ON THE COLLECTION AND PROCESSING OF PERSONAL DATA, TENDBBLE'S OBLIGATIONS AND RIGHTS, THE USER MAY CONSULT THE PRIVACY POLICY AT ANY TIME, WHICH THEY ACKNOWLEDGE HAVING READ AND ACCEPTED THE TERMS OF WHEN VALIDATING THIS DOCUMENT. TO THIS END, THE PRIVACY POLICY IS REPRODUCED IN ANNEX II HERETO.
Force Majeure
The Parties shall not be held liable for any delay in the performance of their obligations or for any failure to perform their obligations under the Agreement when the circumstances giving rise thereto are force majeure within the meaning of Article 1218 of the French Civil Code.
In addition to those usually recognized by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or unforeseeable circumstances: total or partial strikes, lockouts, riots, civil unrest, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, and theft. civil unrest, insurrections, wars, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer or power failures or server failures, blockages of electronic communications, including wired or wireless telecommunications networks, as well as any questioning of the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures, and any other case beyond the control of the Parties preventing the normal performance of the Agreement.
In the first instance, cases of force majeure shall suspend the performance of the Agreement. If the cases of force majeure last for more than sixty (60) calendar days, the Agreement shall be automatically terminated, unless otherwise agreed by the Parties.
Suspension of account
Tendbble reserves the right to suspend the Account, and consequently access to the Application and the Services offered therein, in the following cases:
- If the User fails to meet their payment obligations.
- If the User creates a fraudulent Account.
- In the event of proven or suspected compromise of the User's password.
- In the event of an existing dispute with the User.
- In the event of an abnormal or abusive complaint.
- In the event of a report of illegal Content or Collaborative Content, or an injunction from the competent authorities in this regard, in accordance with the GTCU.
- In the event of fraud or attempted fraud relating to the use of the Application.
- In the event of force majeure in accordance with the GTU.
Where applicable, Tendbble may proceed with said suspension after giving prior notice in writing, which, if not followed by action within fifteen (15) calendar days of receipt by the User, shall result in the suspension until the situation that justified the suspension has been resolved, for example through full payment of the price, and without Tendbble being held liable for any reason whatsoever.
Termination Clause
Any breach by either Party of any of its obligations that continues for more than thirty (30) working days following formal notice given by registered letter with acknowledgement of receipt, or which cannot be remedied, may also result in the termination of the Agreement as of right without legal formalities and without prejudice to any damages and/or penalties or other rights and remedies that the non-defaulting Party may claim from the defaulting Party.
Reversibility
The User must back up the Content imported into the Application themselves. At any time during the term of the Agreement, the User may download and save all stored Content. In the event of termination of the contractual relationship, for any reason whatsoever, Tendbble shall retain the Content for twelve (12) months from the closure of the Account. During this period, the User may ask Tendbble, at no additional cost, to recover their Content, provided that they can prove that it belongs to them and is linked to the Account they held.
Intellectual Property
It is expressly agreed between the Parties that all Services provided by Tendbble remain the property of Tendbble. Tendbble is therefore the owner of the intellectual property rights relating to the Application and the Services, including all the components and features of the Application. The GTU do not transfer any ownership to the User, who is prohibited from infringing upon them in any way whatsoever. The User is granted only a simple, non-exclusive, personal, and non-transferable license to use the Services within the United States for the entire duration of use of the Application. Consequently, the User may not, at any time, distribute, license, or exploit in any way, by any me r means, the Application, the Services, the Brand, the Constituent Elements, or any elements attached thereto. By accessing the Application, the User acknowledges that the Constituent Elements and/or the data comprising it are legally protected and, in any event, whether or not such protection is recognized, that they are prohibited from extracting, reusing, storing, reproducing, representing, or retaining, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part of the content of the databases appearing within the Application to which they have access, in a qualitatively or quantitatively substantial manner, or to extract or reuse repeatedly and systematically qualitatively and quantitatively insubstantial parts of the Application, when these operations clearly exceed the conditions of normal use. The creation of deep hypertext links to the Application is subject to the express prior consent of Tendbble. Violation of this article may result, at Tendbble's discretion, in the termination of the Agreement and/or Tendbble's refusal of any further use by the User, without prejudice to its right to take legal action against the User for infringement of its Intellectual Property Rights.
General Provisions
19.01 Waiver
Any tolerance or waiver by either Party in the application of all or part of the commitments or obligations provided for in the GTCU, regardless of the date, frequency or duration, shall not, in the absence of a written agreement to that effect, constitute a modification of the GTCU, generate or impede any right whatsoever.
19.02 Continuity of the GTCU
The invalidity of any clause of the GTCU shall not affect the validity of the other clauses, and the present GTCU shall continue in force in the absence of the invalid provision, unless the invalid clause renders the continuation of the GTCU impossible or unbalanced in relation to the initial agreements.
19.03 Headings of clauses
The headings at the beginning of each article are for convenience only and may not be used as a basis for interpreting or misrepresenting the clauses to which they refer. In the event of any difficulty in interpreting or any contradiction between the content of a clause and its heading, the heading shall be deemed not to have been written.
19.04 Entire agreement
The Parties acknowledge that the GTCU and any amendments thereto constitute the entire agreement between them with regard to the fulfillment of the purpose hereof and supersede all prior agreements and proposals with the same purpose, regardless of their form.
19.05 Language
Unless otherwise required by law, in the event of a translation of this English version of the GTC into a foreign language and of any contradiction between the said versions, it is understood that the English version shall prevail.
19.06 Evidence agreement
In accordance with the provisions of Articles 1366 of the French Civil Code, the information provided by the Application shall be binding between the Parties.
In accordance with Article 1368 of the French Civil Code, the Parties agree to set out, within the framework of the Agreement, the rules relating to the evidence admissible between them in the event of a dispute and its probative value.
The following provisions therefore constitute the agreement on evidence entered into between the Parties, who undertake to comply with this Article.
The Parties agree that in the event of a dispute, email addresses, emails exchanged, and text messages shall be admissible in court and shall constitute evidence of the data and facts they contain, and shall be given priority as proof, unless the User provides written evidence to the contrary.
The Parties agree that in the event of a dispute, the data from any computer records of Tendbble shall, unless proven otherwise, constitute proof of: - of acceptance of these GTU; - of the electronic acceptance of any offer, the Subscription and the Services arising therefrom; and - the materiality of the Services used by the User via remote services, namely the internet, telephone, SMS, and mail.
The Parties agree that in the event of a dispute, the scope of these documents and information shall be that accorded to an original in the sense of a written document signed by hand.
Settlement of disputes
20.01 Applicable law
The GTU are subject to French law.
However, if the User is established in a country other than France, the mandatory rules of their country of residence may apply.
20.02 Mediation and competent court
For any dispute or litigation relating to the formation, validity, interpretation, execution, termination, and termination of the Agreement, an amicable solution shall be sought before any legal action is taken. Tendbble and the User agree to submit any disputes arising from their relationship to the jurisdiction of the French courts.
In accordance with Articles L. 616-1 and R. 616-1 of the French Consumer Code, Tendbble has set up a consumer mediation system for disputes that may arise from the performance of the Agreement.
Prior to this, the User undertakes to inform Tendbble, by any written means at their convenience in accordance with Article L. 612-2 of the French Consumer Code, of their complaint and the reasons for the dispute. If, within two (2) months, no solution can be found between the Parties, the attempt to resolve the dispute shall be deemed to have failed.
In accordance with Article L. 612-1 of the French Consumer Code, any consumer dispute or litigation, subject to L. 612-2 of the French Consumer Code, may be settled amicably through mediation, within a period of one (1) year, at the Consumer Mediation Center of Conciliateurs de Justice (CM2C) (hereinafter referred to as the "Mediator").
To submit a dispute to the Mediator, the User may: - fill in the form on the Mediator's website (https://www.cm2c.net/); - write to the Mediator by registered letter with acknowledgment of receipt to the following postal address: CMC2 – 49, rue Ponthieu – 75008 PARIS; or - send their request by email to the following email address:[email protected] .
Regardless of the means used to contact the Mediator, the User's request must contain the following information in order to be processed quickly: their postal address, email address and telephone number, as well as the full name and address of Tendbble, a brief statement of the facts and proof of the steps taken previously with Tendbble.
The User is also informed that the European Commission has set up an online dispute resolution (ODR) platform to collect any complaints from consumers following an online purchase, which are then forwarded to the relevant national mediators. The ODR platform can be accessed at the following URL: Online dispute resolution | European Commission (europa.eu).