ARTICLE 1. LEGAL NOTICES
1.1 Publisher
You are currently connected to the website https://spiitz.com; information regarding the publisher is available upon request at support@spiitz.com.
1.2 Hosting provider
The Site is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France (RCS Lille Metropole 424 761 419).
1.3 Site Content
Data, including information, comments, ads, places, reviews, chat room messages, private messages, private photos, voice messages and videos posted or transmitted on the Site by an Internet user are posted or transmitted under that user's sole responsibility.
In this context, Spiitz.com benefits from the status of data host provider within the meaning of Article 6-I-2 of the French Law for Confidence in the Digital Economy of 21 June 2004.
In accordance with paragraph 3 of the same article, Spiitz.com may not incur civil or criminal liability for such information, comments, ads, places, reviews, chat room messages or private messages unless, from the moment it becomes aware of the unlawful activity or information, it fails to act promptly to remove such information or make access to it impossible.
Any person may report content they consider unlawful by sending an email to support@spiitz.com or to moderators freely selected by Spiitz.com. Any notification that is incomplete or does not satisfy the conditions imposed by Article 6-I-5 of the LCEN cannot be considered valid. It is recalled that abusive notifications may engage the liability of their author and are notably punishable by one year of imprisonment and a fine of 15,000 euros (Art. 6-I-4 LCEN).
ARTICLE 2. DEFINITIONS
"Subscriber": Member over 18 years old who has purchased a Subscription on the Site allowing unlimited access to Site Services.
"Subscription": temporary right of access to Site Services.
"Ad Boost": one-off paid option allowing, for a limited period (generally 24 hours), an ad to be highlighted in results displayed to Members located near the ad's geographic area, with a distinct visibility badge.
"Personal Information": data of any kind published by the Member on the Site.
"Registered User": Member registered free of charge on the Site, without a paid Premium Subscription, and using the Services then available to free accounts.
"Internet User": any natural person or legal entity, private or public, over 18 years old connecting to the Site.
"Member": Internet User over 18 years old with access to Site Services (Subscriber or Registered User).
"Chat Room": real-time discussion space (public, private, or linked to a place) accessible from the Site, allowing the exchange of text messages and, where applicable, multimedia content between Internet Users or Members.
"Private Multimedia Content": photos, voice messages, videos or any other file transmitted or stored by a Member in a non-public context (private gallery, private messaging, restricted albums), access to which is limited to persons authorized by the Member or by the Site.
"Services": all features offered by the Site to Members, namely personal area, member profiles, ads, Ad Boost option, listing and reviews of meeting places, chat rooms (public, private or linked to a place), private messaging (text, voice messages and videos), geolocation (with consent), public and private photo gallery, private albums and Premium options where applicable.
"Site": website accessible at https://spiitz.com, as well as related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and publicly accessible to any Internet User. Browsing the Site implies acceptance by every Internet User of these general terms and conditions. Simply connecting to the Site constitutes full and unconditional acceptance of these general terms and conditions.
When registering on the Site, this acceptance is confirmed by ticking the box corresponding to the following statement: "I accept the terms of use and GDPR". By doing so, the Internet User acknowledges having fully read and accepted them without restriction, including the privacy policy accessible from the Site.
Ticking the aforementioned box is deemed to have the same value as a handwritten signature by the Member. The Internet User acknowledges the evidentiary value of Spiitz.com's automatic recording systems and, unless they provide proof to the contrary, waives the right to challenge them in the event of a dispute.
These general terms and conditions apply to relations between the parties to the exclusion of any other terms, including those of the Member.
Acceptance of these general terms and conditions requires that Internet Users have the necessary legal capacity, or failing that, authorization from a guardian or curator if legally incapable, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
Spiitz.com provides Internet Users with an online social-network-type platform dedicated to adult dating, including in particular ad posting (including the paid Ad Boost option), listing of meeting places, community reviews, live chat rooms, private messaging (including voice messages and videos), and controlled sharing of private photos. Internet Users and Members have access to different Services depending on their status (free Registered User, Premium Subscriber, or former Basic+ Subscriber where applicable) and according to the access conditions in force at the time of use (see in particular Articles 5.2.4 and 5.2.10).
ARTICLE 5. PERSONAL AREA
5.1 Creation of the personal area
Creating a personal area is an essential prerequisite to participating on the Site as a Member. Creating a personal area allows the Member to interact with other Members from their personal area.
Site Members must be at least 18 years old or meet the age-of-majority conditions set by their state of nationality if they are not French nationals.
To create their personal area, the Internet User will be asked to provide certain Personal Information. Some of this information is deemed essential to creating the personal area. Refusal by an Internet User to provide such information will prevent creation of the personal area.
The Member undertakes that the Personal Information provided when creating their personal area is strictly accurate; Spiitz.com reserves the right to verify said Personal Information before validating the personal area.
When creating the personal area, the Internet User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The Internet User therefore undertakes not to transmit or disclose it to any third party. Failing this, Spiitz.com cannot be held liable for unauthorized access to an Internet User's personal area.
5.2 Content of the personal area
5.2.1 Ads, chat rooms, comments and public reviews
The Member undertakes to comply with the code of conduct set out in these general terms and conditions, both in their ads and in chat rooms, reviews posted on meeting places, and any content made public on the Site.
Spiitz.com and its moderation team may moderate, without prior notice, statements and content posted by Members, including in chat rooms.
5.2.2 Chat rooms
Spiitz.com provides Internet Users and Members with live chat rooms, which may be public, private, password-protected, or linked to a meeting place listed on the Site.
Messages posted in a chat room are visible to participants in that chat room and, where applicable, to visitors authorized to access it. The Member acknowledges that these exchanges do not benefit from the confidentiality of correspondence applicable to private messaging.
Creation of certain chat rooms (notably private rooms or rooms reserved for Premium Subscribers) may be subject to conditions and to purchasing a Subscription. Spiitz.com reserves the right to close, suspend or moderate any chat room whose content breaches these general terms and conditions.
The content of chat room messages is not guaranteed by Spiitz.com; it is the Member's responsibility not to publish information they would not wish to be shared with other participants. Chat room messages are automatically deleted after 30 calendar days, in accordance with Article 5.3.
5.2.3 Meeting places and reviews
Members may view, suggest or comment on meeting places listed on the Site and post reviews there. Such content is published under the sole responsibility of its author.
Nature of the service: Spiitz.com is only a listing and community information exchange platform. Spiitz.com does not own, operate, manage, control or monitor any place listed on the Site, does not systematically verify the information published there, and does not organize meetings on site.
Accuracy of information: descriptions, contact details, categories, opening hours, attendance levels, photos, reviews and any other information displayed regarding a place come from Members or community sources. They are provided for guidance purposes only, without any guarantee of accuracy, completeness, timeliness or reliability. Spiitz.com cannot be held liable for inaccurate, incomplete, outdated, misleading or erroneous information regarding a place (including its location, accessibility, legality or availability), whether published by a Member or modified by the community, except in case of gross negligence or breach of a specific legal obligation attributable to Spiitz.com.
Meetings and events on site: any visit or meeting at a place listed on the Site takes place under the sole and entire responsibility of the persons concerned. Spiitz.com does not intervene in the organization, conduct or safety of such meetings. Consequently, Spiitz.com cannot be held liable, within the limits permitted by law, for acts, behavior, damage, theft, assault, accidents, disturbances, offenses, disputes or any other event occurring at a listed place or in connection with a meeting facilitated by the Site, whether such place is public, private, open or closed, and whether or not it meets the Member's expectations.
Member caution: each Member must exercise judgement, verify by their own means the situation of the place (local regulations, authorized access, safety conditions, third-party consent, etc.), and visit only with full awareness of the risks. Spiitz.com recommends that Members prioritize their safety and report any content or place that is clearly unlawful or dangerous.
Spiitz.com does not guarantee the accuracy, availability or legality of places listed by Members. It reserves the right to remove or moderate any place or review reported as contrary to these general terms and conditions or to the law.
5.2.4 Internal messaging and private multimedia content
Spiitz.com provides Members with an internal private messaging service allowing exchange of text messages and, depending on features available on the Site, voice messages and videos. Confidentiality of correspondence applies within private messaging.
Messaging access and traffic: depending on period and Site load, private messaging may be accessible free of charge to registered Members, or partially/totally reserved for paying Subscribers (notably Premium). Spiitz.com reserves the right to change at any time the access conditions to private messaging (sending, receiving, number of conversations, authorized media types), in particular based on traffic levels, technical constraints, moderation, or service quality. Any substantial change will be brought to Members' attention by notification on the Site, upon login, or by updating these general terms and conditions.
Inbox and sent-box content (texts, voice messages, videos) is retained for a maximum period of 30 calendar days from sending or receipt, in accordance with Article 5.3. After this period, it is automatically and permanently deleted. It is the Member's responsibility to save content they wish to keep. Automatic deletion or loss of such content, whatever the cause, cannot constitute damage to the Member, who may not claim any compensation on this basis.
The Member undertakes to send through private messaging only content for which they hold rights or authorization, compliant with the code of conduct and applicable law. Any unlawful content may result in deletion of the message, suspension of the account and, where applicable, transmission to competent authorities.
5.2.5 Private photos and albums
Members may create a private photo gallery and organize albums with restricted visibility. Access to this content is controlled by the Member, in particular through privacy settings and permissions granted to other Members.
Private photos are not intended to be publicly distributed on the Site, except by express decision of the Member or through a feature voluntarily activated by the Member. Spiitz.com implements technical measures intended to limit unauthorized access, without however guaranteeing absolute confidentiality: the Member acknowledges that an authorized recipient could, by means external to the Site (screenshot, recording, copy), retain or redistribute content. Spiitz.com cannot be held liable for such abusive use by a third party, subject to Spiitz.com's legal obligations.
Spiitz.com reserves the right to remove any private content reported as unlawful or contrary to these general terms and conditions, including in case of report by a Member or by a competent authority. Private photos and albums are retained as long as the Member does not delete them and their account remains active, in accordance with Article 5.3.
5.2.6 Voice messages and videos
Spiitz.com may offer sending of voice messages and videos in private messaging, chat rooms, or via other Services, depending on features activated on the Site at a given time. Such content is subject to the same retention rules as text messages in private messaging and chat rooms (Article 5.3).
The Member shall in particular refrain from sending unlawful, non-consensual, secretly recorded voice messages or videos, or content infringing privacy, image rights, or third-party rights. Spiitz.com may limit the duration, size or format of accepted multimedia files.
Video features may be rolled out progressively; their availability may vary depending on account type, device used, or Site updates.
5.2.7 Creation of a public profile
Members have the option of creating a public profile on the Site. In this context, Members may provide certain Personal Information about themselves. It is expressly understood that by completing the form related to their public profile, the Member acknowledges that this data may be published on the Site and disseminated to Internet Users accordingly. The mere act of providing this information and completing the fields in the public profile creation form constitutes express manifestation of the Member's willingness to publish such information on the Site.
Members may stop the dissemination of their public profile. To do so, they must follow the procedure provided for this purpose. Suspension of dissemination of the public profile will be effective within a maximum period of 7 working days from receipt of the request by Spiitz.com.
5.2.8 Geolocation
With explicit consent, the Member may activate a geolocation feature allowing display of approximate position or search for other Members nearby. This feature is optional and may be disabled at any time from account settings.
5.2.9 Deletion of personal area
Spiitz.com and freely selected moderators reserve the right to delete the account of any Member who breaches these general terms and conditions, notably where the Member provides inaccurate, incomplete, misleading or fraudulent information, as well as where a Member's personal area has been inactive for at least one year. Such deletion cannot constitute a fault by Spiitz.com or damage for the excluded Member, who may not claim any compensation on this basis.
This exclusion is without prejudice to Spiitz.com's possibility of undertaking legal proceedings against the Member where justified by the facts.
5.2.10 Ad Boosts
Spiitz.com offers a paid Ad Boost option, separate from Subscriptions, allowing temporary enhancement of visibility of an ad posted on the Site. Subject to features then available, the Boost is intended notably to place the ad at the top of lists and searches displayed to Members located near the geographic area associated with the ad, and to display a highlighted badge on the map and ad page.
Order and beneficiary: the Boost may be purchased by the Member who authored the ad or, where applicable, by another Member wishing to offer temporary visibility for that ad. The Member validating payment accepts the displayed price before confirmation.
Duration and effect: unless otherwise stated at checkout, the Boost is activated for a period of 24 hours from payment confirmation by Spiitz.com. At the end of this period, the ad returns to its usual ranking and presentation, with no tacit renewal or automatic renewal.
Technical and geographic limits: the number of simultaneously active Boosts may be limited by geographic area to avoid saturation of highlighted placements. If the limit is reached, purchase may be refused or postponed; Spiitz.com informs the Member on the checkout interface.
Price: the Boost price is displayed in euros including all taxes on the checkout screen at the time of payment. It may vary depending on demand in the relevant area (dynamic pricing). The applicable price is the one confirmed by the Member before payment (see Article 7.1).
Results and commercial communication: visibility, views, contacts or response probability indications (including percentages or multipliers that may be displayed on the Site) are indicative estimates for commercial purposes. Spiitz.com does not guarantee a minimum number of views, clicks, messages or meetings, nor any specific result. The Boost constitutes a technical and graphical highlighting service performed under an obligation of means.
Ad content: the Boost does not exempt the Member from compliance with these general terms and conditions and the code of conduct. Spiitz.com reserves the right to remove or interrupt a Boost, without refund, if the related ad is unlawful, reported, moderated or deleted.
5.3 Retention and automatic deletion of content
To limit risks related to data retention and to ensure a service compliant with the minimization principle, Spiitz.com applies an automatic deletion policy after 30 calendar days for the following content, counted from the date of sending, publication or posting on the Site:
- private messages (text, voice messages, videos and associated attachments in messaging);
- messages posted in chat rooms.
This deletion is automatic, permanent and irreversible. Spiitz.com is under no obligation to restore, archive or back up such content beyond the 30-day period.
The following content is not subject to this 30-day period and remains available as long as the Member does not delete it and their account remains active: profile photo, private photos and albums, public gallery, ads, place reviews and account information.
Spiitz.com may retain certain elements beyond 30 days where required by law (judicial proceedings, reports, anti-fraud measures) or for technical security logs, within strictly necessary limits.
The Member acknowledges being informed of this policy and waives any claim against Spiitz.com resulting from automatic deletion of content upon expiry of the 30-day period.
5.4 Deletion of account by the Member
The Member may request deletion of their account from the "Edit my account" section. The request causes immediate deactivation of the account (profile hidden, inability to use Services).
Permanent deletion of personal data is scheduled after a 7-calendar-day grace period, during which the Member may cancel the request by logging back in with their credentials.
At the end of this period, Spiitz.com anonymizes or deletes identifiable data (username, email, profile, associated content), subject to legal retention obligations (in particular accounting evidence, security, litigation) for a maximum period of 6 months.
Spiitz.com cannot be held liable for loss of content linked to deletion requested by the Member or expiry of retention periods provided by these general terms and conditions.
ARTICLE 6. SUBSCRIPTION
6.1 Subscription order
6.1.1 Choice of Subscription
Internet Users may select the desired Subscription. Internet Users then have the option to review the selected Subscription, as well as its price and duration.
If their order suits them, Internet Users may validate it. They will then access a form on which they may either enter existing login credentials, or register on the Site by completing the registration form with their Personal Information.
6.1.2 Payment by the Subscriber
Once logged in, or after correctly completing the registration form, Subscribers will be invited to make payment by being redirected to the secure payment interface.
6.1.3 Order confirmation by Spiitz.com
Once payment is effectively received by Spiitz.com, it undertakes to acknowledge receipt to the Subscriber electronically within a maximum of 24 hours.
6.2 Subscription duration
Spiitz.com offers Subscriptions whose duration is that stated on the Site on the order date. The Subscription takes effect on the date Spiitz.com validates the Subscriber's registration for the subscribed period.
6.2.1 Available offers
Only the Premium SPIITZ Subscription is offered for sale on the Site as of the date of these terms. The "Basic+" offer is suspended for new subscriptions; Members already holding an active Basic+ retain their rights until the end of the paid period.
6.3 Early termination of Subscription
In case of breach by the Subscriber of any provision of these general terms and conditions, Spiitz.com may terminate the Subscription and suspend access to the Subscriber's account automatically and without court intervention. Termination of the Subscription due to the Subscriber's fault is without prejudice to any damages Spiitz.com may claim as a result of such breach. Such deletion cannot constitute a fault by Spiitz.com or damage for the Subscriber, who may not claim any compensation on this basis.
ARTICLE 7. PRICE - PAYMENT
7.1 Price
Prices for paid Services are shown in euros, inclusive of all taxes (VAT included), for metropolitan France, unless otherwise stated at checkout.
Site registration: free (creating a Member account without a paid Subscription).
Basique+ offer: suspended for new subscriptions. Only the Premium SPIITZ Subscription is currently offered; Members with an active Basique+ subscription retain their rights until expiry.
Paid subscriptions — prices in effect on 24/10/2026:
- Premium SPIITZ
- 1 month : €14,99 incl. VAT
- 3 months : €34,99 incl. VAT
- 12 months (1 year) : €89,00 incl. VAT
The applicable price is the one displayed on the “My subscription” page, on the ad boost screen, or on the associated payment screen when the Member confirms the order, before payment. If a valid promo code is used, the final amount reflects the displayed discount.
Price changes: Spiitz.com reserves the right to change its prices at any time, particularly to reflect changes in costs, features, or commercial offers. New prices apply to Subscriptions purchased after they take effect. A Subscription already paid for remains at the agreed price for the full paid period. Before any new payment (voluntary renewal), the Subscriber will see the current price and may accept or decline to continue.
No tacit renewal: no automatic renewal is applied at the end of the subscribed period, unless explicitly accepted by the Subscriber under a future service update.
Ad boost (24 h): base price €10.00 incl. VAT for 24 hours of enhanced visibility, subject to dynamic pricing based on demand in the ad’s geographic area (the final amount is displayed and confirmed before payment). Available from the ad boost screens on the Site.
An ad boost is a one-off purchase, separate from a Subscription: no automatic renewal applies when it expires.
7.2 Payment terms
The weekly Subscription is processed via a micropayment platform.
Longer-term Subscriptions are paid by the Subscriber through Stripe's electronic payment terminal, by credit card or by NEOSURF.
The Ad Boost is paid by the Member via the SumUp electronic payment terminal, by credit card or any other method offered on the checkout interface on the payment date.
7.3 Invoicing
Spiitz.com will send or make available to the Member or Subscriber an invoice or proof of payment electronically after each payment (Subscription or Ad Boost). The Member expressly accepts receiving these documents electronically.
ARTICLE 8. MEMBER OBLIGATIONS
8.1 Connection to the Site
The Internet User may connect to the Site through an Internet connection. Spiitz.com does not provide the Internet User with any hardware, telephone installation, terminal equipment, consumables or other items, nor software. The Internet User acknowledges being solely responsible for installation, maintenance and control of the technical configuration required to connect to the Site.
Whatever connection mode is chosen, connection and data transmission costs from the Internet User's device to the Site server are borne by the Internet User, as are any amounts, royalties, registration fees, taxes or other charges that may be required by telecom network providers linking the Internet User to the Site.
8.2 Code of conduct
The Member undertakes not to:
- infringe public order or make statements contrary to morality or decency;
- infringe in any way the rights to reputation, privacy, rights or image of a third party;
- be denigrating, defamatory, insulting, racist, sexist or homophobic;
- harm the image or reputation of a brand or of a natural or legal person in any way;
- make statements or upload content of a pedophilic nature;
- undermine the security or integrity of any state or territory whatsoever;
- allow third parties to obtain pirated software, software serial numbers, or any software likely to harm or infringe, in any way, third-party rights or property;
- infringe anyone's intellectual property rights;
- incite hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity;
- incite the commission of a crime, offense or act of terrorism;
- incite discrimination against a person or group because of ethnicity, religion, race, sexual orientation or disability;
- recommend dubious or fraudulent practices;
- insert a hyperlink, email address, phone number, or advertise/promote a company (outside a listed place), brand, website, blog or forum in an ad or its description;
- organize profit-making events;
- post ads for profit-making purposes;
- publish in a chat room, ad or private messaging unlawful or harassing content, or content contrary to the code of conduct;
- distribute, reproduce or share outside the Site any private photos, voice messages or videos received through Spiitz.com without explicit agreement of their author;
- record, film or photograph a third party without their knowledge or against their consent via Site Services;
- impersonate a third party or create multiple personal areas.
Any illegal use or, more generally, unauthorized use of Site Services will result in immediate deletion of the Member's account, without prejudice to Spiitz.com's right to take legal action, including claims for damages.
8.3 Use of Services
Any processing, transmission, publication, dissemination or representation of Services by the Member is carried out under the Member's sole and entire responsibility. The Member undertakes, in particular, to process, disseminate, upload or transmit through the Site only data whose use does not infringe any intellectual or industrial property right or any other exclusive right, and does not constitute commission of a criminal offense.
The Member also undertakes not to hinder or disrupt the Site and Spiitz.com servers and to comply with required conditions, procedures and general rules communicated by Spiitz.com for proper implementation of the Site.
The Member therefore guarantees Spiitz.com against any damage that may be caused by their use of the Site, including any attorney and procedural costs, and undertakes in this regard to intervene in any legal proceedings brought against Spiitz.com due to their use of the Site.
8.4 Confidentiality of usernames and passwords
The Member undertakes in particular not to disclose to third parties information related to their login credentials and password. The Member acknowledges the confidentiality of the password allowing access to Services. Under these general terms and conditions, the Member acknowledges full responsibility for use of username and password and assumes all consequences of fraudulent or unlawful use thereof. In case of password loss, the Member undertakes to inform Spiitz.com immediately in writing.
8.5 Account security
The Member is solely responsible for securing access to the Site (strong password, personal device, logout on shared terminal). The Member undertakes to inform Spiitz.com without delay at support@spiitz.com in case of suspected unauthorized access, account compromise or credential impersonation.
ARTICLE 9. CUSTOMER SERVICE
The Site's customer service is available 24/7 by email at support@spiitz.com. Spiitz.com undertakes to respond within 48 business hours.
ARTICLE 10. SPIITZ.COM NEWSLETTER
By ticking the dedicated box or expressly giving consent for this purpose, Internet Users accept that Spiitz.com may send them, at a frequency and in a format determined by Spiitz.com, a newsletter that may include information related to its activity.
When the Internet User ticks the dedicated box, they accept receiving commercial offers from Spiitz.com for products and services similar to those presented on the Site. Members may unsubscribe from the newsletter by clicking the dedicated link included in each newsletter.
ARTICLE 11. DATA PROTECTION AND FREEDOMS
11.1 CNIL declaration - Data controller
The Spiitz.com file containing personal data of Internet Users and Members has been declared to the CNIL under number XXX.
11.2 Optional nature of data provision
Internet Users are free to provide Personal Information about themselves. Providing Personal Information is not essential for browsing the Site.
11.3 Mandatory data provision for registration
However, registration on this Site implies collection by Spiitz.com of certain Personal Information concerning Internet Users. Internet Users unwilling to provide information required for registration cannot become Members on this Site.
11.4 Compliance with purpose of personal data collection
Collected personal data is subject to computer processing and is exclusively reserved for Spiitz.com. Collected data is necessary for proper administration of the Site, as well as compliance by Spiitz.com with its contractual obligations. This data is retained by Spiitz.com in this sole capacity. Spiitz.com undertakes not to use it in any other context, nor to transfer it to third parties, except with express agreement of Internet Users or in cases provided by law. Collected personal data is not transferred abroad.
11.5 Right of access, rectification and objection
Private messages, voice messages, videos and chat room exchanges are retained for a maximum period of 30 calendar days, in accordance with Article 5.3. Profile photos, private photos, albums, public gallery, ads and account data are retained for the duration of registration, then archived or deleted for a maximum period of 6 months after account closure, a reasonable period required for proper administration of the Site, unless contrary legal obligation applies. This data is processed under secure conditions, according to current technical means, in compliance with GDPR provisions and the French Data Protection Act of 6 January 1978.
In accordance with applicable regulations, Internet Users have rights of objection, inquiry, access and rectification regarding data they have provided. To do so, they simply need to send a request to Spiitz.com at the following email address: cnil@spiitz.com, or by postal mail to the address mentioned in Article 1 of these general terms and conditions. The detailed privacy policy (GDPR) is accessible from the Site.
ARTICLE 12. COOKIES AND IP ADDRESSES OF INTERNET USERS
12.1 Cookies
12.1.1 Purpose of cookie placement
To enable all Internet Users to browse this Site optimally and to ensure better functioning of different interfaces and applications, Spiitz.com may place a cookie on the Internet User's computer.
12.1.2 Purpose of cookies
Cookies store information related to browsing on the Site (date, page, time), as well as any data entered by Internet Users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet User's computer for a variable period of up to 1 month and may be read and used by Spiitz.com during a later visit by the Internet User to this Site.
12.1.3 Right of the Internet User to object to cookie placement
The Internet User may block, modify retention duration, or delete these cookies via their browser interface (generally: tools or options / privacy or confidentiality). In such case, browsing on this Site will not be optimized. If systematic cookie deactivation in the Internet User's browser prevents use of certain Services, this malfunction cannot in any case constitute damage for the Internet User, who may not claim any compensation on this basis.
12.1.4 Deletion of placed cookies
Internet Users may also delete cookies placed on their computer by going to the corresponding menu in their browser (generally tools or options / privacy or confidentiality). Such action causes Internet Users to lose the benefit provided by cookies.
12.2 IP addresses
12.2.1 Definition and collection of IP addresses
An IP address is a series of numbers separated by dots enabling unique identification of a computer on the Internet network. Spiitz.com reserves the right to collect the public IP address of all Internet Users. Collection of this IP address will be carried out anonymously. Internet Users' IP addresses will be retained for the period required by law.
12.2.2 Communication of IP addresses
Spiitz.com must communicate all personal data related to an Internet User to Police authorities upon judicial requisition or to any person by court order. The IP address may be matched with the Internet User's effective identity in case this information is provided by an Internet access provider.
ARTICLE 13. LIABILITY OF SPIITZ.COM
13.1 Nature of Spiitz.com's obligations
13.1.1 Provision of Services
Spiitz.com undertakes to perform Services in accordance with these general terms and conditions. Spiitz.com is bound only by an obligation of means regarding the Services covered hereunder.
13.1.2 Providing an online platform
Spiitz.com undertakes to provide an online platform to Members. Spiitz.com plays a fully neutral role regarding data published by Members. Data of any kind published on the Site by Members, including Personal Information, is published under Members' sole responsibility.
In this context, Spiitz.com benefits from data host provider status within the meaning of Article 6-I-2 of the French Law for Confidence in the Digital Economy of 21 June 2004. In accordance with paragraph 3 of the same article, Spiitz.com may not incur civil or criminal liability for such Personal Information unless, from the moment it becomes aware of unlawful activity or information, it fails to act promptly to remove such information or make access to it impossible.
Meeting places: without prejudice to provisions of Article 5.2.3, Spiitz.com reminds users that it carries out no activity at listed places and guarantees neither listing content, nor published reviews, nor consequences of a visit or meeting there. Any claim relating to inaccuracy of a place listing or incident occurring at a listed place must, where applicable, be addressed to the content author or competent authorities; Spiitz.com cannot be held liable for indirect or consequential damage linked to use of information relating to places, subject to legal obligations incumbent upon it in its capacity as host provider.
13.2 Force majeure - Member fault
Spiitz.com shall not incur liability in case of force majeure or Internet User fault, as defined in this article:
13.2.1 Force majeure
Within the meaning of these general terms and conditions, any prevention, limitation or disruption of service resulting from fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider or host provider (notably OVH), transmission network failure, collapse of installations, unlawful or fraudulent use of passwords, codes or references provided to the Internet User, hacking, denial-of-service attack (DDoS), ransomware, zero-day security flaw, intrusion or data leak despite implementation of reasonable security measures, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond Spiitz.com's reasonable control shall be considered force majeure enforceable against the Internet User. In such circumstances, Spiitz.com will be released from performance of its obligations to the extent of such prevention, limitation or disruption.
13.2.2 Member fault
Within the meaning of these general terms and conditions, any misuse of the Site, fault, negligence, omission or failure by the Member or by persons under their authority, non-compliance with advice given by Spiitz.com on its Site, any disclosure or unlawful use of the Member's password, codes and references shall be considered Member fault enforceable against the Member. Use of any technical process such as robots or automated requests whose implementation breaches the letter or spirit of these general terms and conditions shall also be considered Member fault.
13.3 Technical issues - Hyperlinks
The Internet User acknowledges having verified that the Site's computer configuration contains no viruses and is in perfect working order. Spiitz.com excludes any guarantee relating to security of the Internet User's equipment in connection with Site access. Spiitz.com's liability may under no circumstances be sought, on any basis whatsoever, for any loss of information, machine time, or loss of use of any hardware or software.
In case of inability to access the Site due to maintenance operations or technical issues of any kind, the Internet User may not claim damage or compensation. Unavailability, even prolonged and without any time limit, of one or more online services cannot constitute harm to Internet Users and cannot in any way give rise to damages from Spiitz.com.
Hyperlinks present on the Site may redirect to other websites. Spiitz.com cannot be held liable if content of such sites breaches applicable laws. Likewise, Spiitz.com cannot be held liable if visiting one of these sites causes harm to the Internet User.
13.4 Damages payable by Spiitz.com
In the absence of contrary legal or regulatory provisions, Spiitz.com's liability is limited to direct, personal and certain damage suffered by the Member and linked to the relevant failure. Spiitz.com may in no case be held liable for indirect damage such as, notably, data loss, order loss, harm to Members' image, loss of opportunity or loss of profit.
Spiitz.com cannot be held liable for automatic deletion of content at the end of the 30-day period provided in Article 5.3, nor for disclosure of content by another Member or third party (capture, copy, sharing outside the Site), where Spiitz.com has not committed gross negligence.
In case Spiitz.com's liability is recognized, and subject to applicable mandatory legal provisions, the only financial compensation that may be due to the Member consists, where the Member is a Subscriber, of reimbursement of the current or unused Subscription at the date of the triggering event. In the absence of a subscribed Subscription, the Member may not claim any financial compensation from Spiitz.com, except in case of breach attributable to Spiitz.com in relation to a paid and unperformed Ad Boost; however, Spiitz.com does not guarantee any commercial result (contacts, messages, meetings) related to the Boost, in accordance with Article 5.2.10.
13.5 IT security, vulnerabilities and incidents
Spiitz.com implements reasonable technical and organizational measures to protect the Site and hosted data (authentication, password encryption, secure hosting, access control, monitoring). However, Spiitz.com is bound only by an obligation of means regarding security and does not guarantee absolute Site security or total absence of vulnerabilities, intrusions, viruses or cybersecurity incidents.
Spiitz.com cannot incur liability, within limits permitted by law, notably in case of:
- intrusion, cyberattack, data leak or data loss resulting from a third-party act, zero-day vulnerability or force majeure event, where Spiitz.com implemented protection measures compliant with state of the art;
- Member account compromise due to voluntary or negligent disclosure of credentials, failure to update password, or use of an unsecured device;
- fraudulent or abusive use of Services by a third party who gained access to the Member account;
- temporary unavailability or service degradation attributable to the host provider, a subcontractor or the Internet;
- damage resulting from Member's non-compliance with these general terms and conditions or the code of conduct;
- inaccuracy, obsolescence or incompleteness of information related to a meeting place listed on the Site, or any damage, harm or dispute occurring in connection with a visit, meeting or behavior at such place, Spiitz.com neither operating nor controlling such places (Article 5.2.3).
In case of a security incident likely to affect personal data, Spiitz.com will endeavor to limit consequences and, where required by regulations, inform affected persons and/or the CNIL within legal time limits. Such notification does not constitute an acknowledgment of liability.
The Member acknowledges that use of the Internet and an online service involves inherent risks and agrees not to attribute to Spiitz.com consequences not directly attributable to Spiitz.com in case of gross negligence or willful misconduct.
ARTICLE 14. INTELLECTUAL PROPERTY
Spiitz is a trademark registered with the French National Institute of Industrial Property (INPI), registration No. 4692581.
Content (texts, images, design, diagrams...), structure and software used for operation of the Site are protected by copyright and database rights. Any full or partial representation or reproduction made without consent of Spiitz.com or its successors in title constitutes an infringement of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Information published on this Site is provided for guidance only, without guarantee of accuracy. Spiitz.com may in no case be held liable for omission, inaccuracy or any error contained in such information and causing direct or indirect damage to the Internet User.
ARTICLE 15. GENERAL PROVISIONS
15.1 Applicable law
These general terms and conditions are governed by French law.
15.2 Amendments to these general terms and conditions
These general terms and conditions may be amended at any time by Spiitz.com. General terms and conditions applicable to Members are those in force on the day of their order or connection to this Site; any new connection to the personal area constitutes acceptance, where applicable, of new general terms and conditions.
15.3 Amicable settlement of disputes
Except for mandatory public policy provisions, all disputes that may arise in connection with performance of these general terms and conditions must, before any legal action, be submitted to Spiitz.com for consideration with a view to amicable settlement.
15.4 Entire agreement
Nullity of one clause of this agreement shall not result in nullity of other clauses of the agreement or of the agreement as a whole, which shall remain in full force and effect. In such case, parties shall, as far as possible, replace the canceled provision with a valid provision corresponding to the spirit and purpose hereof.
15.5 No waiver
Failure by Spiitz.com to exercise rights recognized under these terms shall in no case be interpreted as a waiver of its right to enforce such rights.
