Terms and Conditions

version updated on 02/03/2018

Preamble

The Service www.doyoukiss.com (hereinafter referred to as "the Service" or "the service") is published and made available to the public by Bizz Digital Sàrl, whose head office is 4 Avenue d'Ouchy 1006 Lausanne in Switzerland, a limited company with a capital of 20'000 CHF registered in the commercial register of the canton of Vaud under number CHE‑275.933.201

www.doyoukiss.com is an internet service dedicated to virtual meetings between individuals for strictly personal reasons, for a romantic or friendly relationship, but in no case commercial.

Some features of the Service are free and other features are payable. This Service is intended for adults who are courteous and respectful of morality and the laws of their country. This service has been designed to ensure optimal User comfort and confidence in the various exchanges arising as part of its use.

You are kindly requested to read these Terms of Use carefully before using this service. These are intended to accurately define the conditions of use of all the services offered by www.doyoukiss.com and the relations between the Service and its Users. Using this service implies that you have read and understood the content of the Terms of Use of the Service.

Unreserved acceptance of these conditions is indicated by checking the box representing the sentence "I certify that I am an adult, I certify that I have read and accept the general conditions" or any other equivalent text that intends to validate inscription to this Service on the registration form on the Service registration page. You hereby acknowledge that you have read these Terms of Use and state that you have printed them on a durable medium at your disposal.

The Service may modify these terms of use at any time. In this case, you will be notified about the service or by e-mail. As such, you acknowledge and agree that using or simply accessing the service after the date of the changes will imply your acceptance of the modified terms and conditions.

Article 1 - Definitions

In these Terms of Use, the following terms have the following definitions:

"Content" means any information, data, literary and artistic work, message, music, sound, video, photograph, text, image, comment, tag or title that is published in electronic form and / or made available by a user registered with the Service.

"Registration" means the act through which a person accesses the Service for the first time, responds to the form provided to them, validates the regulation of the various functionalities and indicates in particular their identity and contact details, as well as a username and a password.

"You", "User(s)" or "Member(s)" means any individual who accepts these Terms of Use, and who thereby accesses the Service whether creating an account or not.

"Service" means the website accessible through the URL www.doyoukiss.com, directly or through any URL, hyperlink, tab, button or any other means.

"Service(s)" means all services offered by www.doyoukiss.com to its Users.

"Chat" means the chat system that allows live, written interaction between different users connected simultaneously.

Article 2 - Registration & Access to the Service

2.1 Access to the Service

The Service is only accessible to individuals who are adults and is reserved for strictly personal use. Your registration with the Service implies that you are over 18 years old and that you are considered legally fit to use this Service and / or take out a subscription. When you use the Service, you declare that are acting privately.

It is forbidden, without this list being exhaustive:

- To use this Service if you do not accept these Terms of Use,
- Use this Service if you are a minor. This Service is exclusively for adults,
- To communicate your personal details to any other User via messaging, chat, or any other communication function without going through the features of the Service,
- To use this Service for advertising, promotional or commercial purposes (spam, soliciting, prostitution...),
- To harm anyone and in any way by broadcasting messages or content that does not comply with the laws and regulations in force, morality, the rights of third parties, is hurtful or aims to disturb public order,
- To publish content (photos, videos...) that do not respect the editorial code of the Service and do not respect morality,
- To distribute content intended to degrade the Service (viruses, spam, worms, software, etc.),
- To post hypertext links for services that do not comply with the laws in force in your country, which are illegal and contrary to morality,
- To broadcast hypertext links to internet services that are not part of the publishing company's published Services, whatever the subject matter.

2.2 Creating an account

In addition to the acceptance of these terms and conditions of use, access to the Service is subject to the opening of an account with the Service. To do this, you must provide data that identifies you. When you open this account, you guarantee that the data you provide is accurate and up to date, and you agree to inform the Service without delay in the event of a change in the data provided during your registration and, where applicable, to make the changes yourself in your account area of the Service.

2.3 Account security and confidentiality

To use the Service, You must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for access to the Service through your username and password, unless there is evidence of fraudulent use that is not attributable to you

In case of loss, misappropriation or fraudulent use of your username and / or password, you agree to notify customer services immediately. The Service is not obliged and does not have sufficient technical or legal means to ensure the identity of the persons registering with the Service. If you believe that the identity of a person on the Service is inaccurate or that a person is fraudulently using your account or the data you have provided, you must immediately inform customer services.

2.4 Invitation & sponsorship

When a User wishes to invite a friend or an acquaintance to the Service and provides the Service with the details of this friend, the User undertakes to have previously obtained the express consent of this friend to the collection and processing of their data by the Service.

This data will then be used to send an e-mail presenting the Service to the "sponsored" friend on behalf and in the name of the User providing the contact details to the Service. Where applicable, the User knowingly provides this information under their exclusive responsibility and undertakes to assume all the consequences.

Article 3 - Operation of the Service

Once their account has been created, the User can access the Service. By default, the User has access to limited services. To gain access to more extensive services, each User can opt for a paid service, for which it is necessary to take out a subscription. There may also be paid functions to which the User subscribes by a fee-for-service payment.

Article 4 - Subscription to paid services & payment methods

4.1 Subscription to paid services

Once an account has been created for them, the User can, if they so wish, subscribe to the service. Subscription has the advantage of access to more extensive services and opportunities of the Service. Each type of subscription is detailed on the payment page that accompanies it: price, available features, duration. The prices indicated for the Service are in Euros, including VAT, for the Euro zone countries.

4.2 Payment of the subscription

Payment of the subscription is made by credit card through our payment provider, who is responsible for receiving your payment. By using our payment provider, you must accept the terms of use of our payment provider. In addition, any subscription period started is due in full.

4.3 Renewing a subscription

To avoid any interruption of service, your subscription will be renewed automatically for a new period of duration identical to that which you chose during your subscription to the paying service. Thus, unless requested by you, you will continue to benefit from the service based on the price of your current subscription. Your subscription will be automatically renewed until you expressly notify your wish to cancel your current subscription under the conditions described in this article, under the heading "Cancellation of your subscription".

4.4 Cancellation of your subscription

You can cancel your subscription at any time before the subscription period expires by clicking the "Stop my subscription" link located on your account management page.

After this you will still be able to use the Service until your subscription expires. Note that there will be no refund if you decide to discontinue your subscription, because the service will remain available until the end of the subscription period. Any request for cancellation will be deemed made the working day after its receipt.

Notwithstanding the provisions hereof, the Service may terminate your account without notice in the event of your breaching the various conditions for discretionary termination according to the severity of the breach. This termination shall be without prejudice to any damages that may be claimed by the Service from the User for damages suffered as a result of such breaches.

Termination for simple breach: A simple breach is constituted when the user does not respect or has not complied with any provision of these terms of use excluding those contained in Articles 2 and 7 (serious breach).

In this case, the Service will first send an email to the User who is guilty of the breach. If the User does not provide an answer to the email and / or persists in their breach, their account will be terminated within 2 working days.

Termination for serious breach: A serious breach is constituted when the user does not respect or has not complied with one of the provisions of Articles 2 and 7 of these terms of use.

In this case, the termination is immediate and the user is not entitled to claim any refund for the period remaining of the subscription term.

The publisher of the Service reserves the right to sue any person who has caused harm (of any kind) to another user of the Service or to the company itself.

Article 5 - Service pricing and customer services

To use all or part of this Service, in certain cases members must subscribe to a paid access which, irrespective of duration, gives access to the whole of this Service without restriction for the total duration of the access. When you perform this transaction, your credit card will be charged the amount of your subscription. Transactions are handled by our payment provider. Each client can freely consult their transaction history by going to the provider's website.

5.1 Subscription offers available

Various subscriptions are offered for unlimited access to the extended features of the Service. The list of available subscription offers and the conditions of these offers may be modified at any time without changing the subscription conditions of a User who is already subscribed. The offers available are:

- Monthly subscription:
€ 49.90 every month, with tacit renewal.
- Bimonthly subscription:
€ 89.90 every 2 months, with tacit renewal.
- 6 month subscription:
€ 29.90 per month in a single payment of € 179.40
- 12 month subscription:
€ 19.90 per month in a single payment of € 238.80

In addition, some offers provide a trial period during which the User can try the Service. The trial period gives unlimited access to the entire Service (excluding paid options). Any subscription to a trial offer implies that you have fully understood and accepted the pricing conditions.

- Discovery Offer € 3.90 for 24 hours:
Subscription to this offer allows you to take advantage of our entire service for 24 hours for € 3.90. Unless you cancel before the end of the trial period, it will be extended to a monthly subscription at the price of € 39.90 with tacit renewal.
- Discovery Offer € 6.90 for 5 days:
Subscription to this offer allows you to take advantage of our entire service for 5 days for € 6.90. Unless you cancel before the end of the trial period, it will be extended to a monthly subscription at the price of € 39.90 with tacit renewal.
- Discovery Offer € 0 for 30 minutes:
Subscription to this offer allows you to take advantage of our entire service for 30 minutes for € 0.00. Unless you cancel before the end of the trial period, it will be extended to a bimonthly subscription at the price of € 89.90 with tacit renewal.

5.2 Description of services and content included in the subscription

Through the payment of a fixed price, the User has unlimited access for a given price and for a given period to a dating service. This fixed price also includes unlimited access to website content such as, but not limited to, eBooks that the user can consult online and download as soon as the user subscription is active. The publisher of the service specifies that the contents of the catalog of eBooks as well as the number of accessible eBooks are likely to be modified over time. Such changes do not entitle the user to request any form of compensation such as reimbursements or change of the original global subscription price. The User is informed that the price of the subscription is broken down as follows: 33.26% of the price of the subscription covers access to the dating service, 66.74% of the price of the subscription covers access to unlimited eBooks.

5.3 Rejection of payment for insufficient funds

In the event that your banking institution rejects payment due to insufficient funds, the Service publisher may have to divide your billing and debiting period into two equal periods, the sum of which is identical to the initial subscription period.

Thus, a bimonthly subscription may be automatically switched to a monthly subscription, under the same pricing conditions and with a commitment equal to the initial subscription period.

Example :

You have an initial bi-monthly subscription at the price of € 89.90. In case of rejection of payment for insufficient funds at the time of one of your contractual deadlines, you will be charged € 44.95 per month for two months.

Also, in case of rejection of payment for insufficient funds, the payment request will be presented to your bank a maximum of 10 times over a maximum period of 60 days. Beyond that, your subscription will be automatically stopped and your access suspended.

5.4 Right to withdraw

The right of withdrawal cannot be exercised for contracts for the supply of services that are fully executed before the end of the withdrawal period and whose execution began after consent of the User. The User is informed that logging in with their username and password constitutes their full and complete use of the Service, and that in this case it constitutes a voluntary execution of the contract between the Service and the User. And in the case of a virtual service, the User cannot exercise a right of withdrawal to request the reimbursement of their subscription. That said, the ability to reimburse a User who is not satisfied with the proposed Service is left to the discretion and decision of customer services, and this beyond the legal period usually allowed for the right of withdrawal of a consumer.

5.5 Contact the Customer Service Department

Customer services are open 24 hours a day, 7 days a week. You can reach customer services by phone or email. To contact customer services by email, write to customer@doyoukiss.com

To contact customer services by phone, call:

In France, le 01 86 61 33 76 (price of a local call)
In Belgium, 028 99 32 25 (price of a local call)
In Switzerland, le 031 520 81 68 (price of a local call)

Do you live in another country?
Call : +41 31 520 81 68

Article 6 - Liability & Obligations of the Service

6.1 - Liability & Obligations of the Service

The Service is an internet service dedicated to virtual meetings between individuals for strictly personal reasons. The company provides this remote service, expressly pointing out that the Service is a simple intermediary between its Users, and that it provides its Users means of communication and features that allow them to meet more easily

The Service is in no way bound or committed to any result on this point. The virtual and automated nature of the service cannot guarantee or attest to the real intentions between Users or even the veracity of the information they provide or their real identity

Whether it is a romantic relationship, a friendship, or an entertaining and rapid encounter, in no case does the Service engage in any counseling or matrimonial brokerage activity. The Service is thus not an organizer of "real" meetings, an internet service or telephone subscription provider.

In no case can the publishing company be held responsible for messages or information exchanged through the Service. Each User expressly acknowledges that by merely using the Service they may be potentially exposed to inaccurate, shocking, indecent or negative content. As a mere host, the Service cannot be held responsible for the distribution of this type of Content.

Similarly, the Service disclaims any responsibility for meetings between Users, whether they take place on the Service or during "real" meetings outside the Service.

Physical meetings between Users: Users are recommended to take utmost caution regarding the first physical meetings between users. It is strongly recommended it occur in a public place rather than a private one, and to be accompanied during the first meeting where possible.

Solicitation of other Users: great vigilance is also recommended regarding any request for money or solicitation from unscrupulous Users of this Service. We especially appeal to Users to not respond to this type of request. We also invite our Users to report any request that seems abnormal and that might have escaped the vigilance of our team of moderators.

6.2 Technical Responsibility

Hardware equipment allowing access to the Service is the sole responsibility of the User, as well as telecommunications costs (internet and telephone subscriptions...) necessary for the use of the Service.

The connection, use and participation in the Service imply that the User is completely aware and understands the limits of the internet with respect to the technical aspects of data transfer, protection against viruses and other internet constraints.

Under current IT conditions, the Service especially cannot be held responsible in case of (non-exhaustive list):

- failure of computer connections or networks related to the use of the internet,
- temporary or permanent failure of computer or telephone networks,
- temporary or permanent failure of the User's computer equipment,
- temporary or definitive failure of the User's software,
- temporary or permanent failure of the User's Internet Service Provider (ISP),
- damage to the User's computer equipment,
- internet network malfunctions leading to failures in the administration, security, integrity or management of the services offered by the Service,
- programming changes to the Service resulting in an update and / or temporary unavailability of the Service,
- any loss of data or User settings,
- consequences and damage caused by a computer virus,
- problems of the participant to connect to the Service,
- external advertising URLs found on the pages of the Service,
- content of the various Services related to the Service,
- force majeure as recognized by case law.

In addition, the Service cannot be held responsible in the case of (non-exhaustive list):

- modification, suspension, cancellation or delay of one or more features offered on the Service without notice or justification on its part. In such a case, the Service cannot in any way be held liable as a result and the Users cannot claim any compensation,
- behavior of one of the Users contrary to law, morality and public order.

In any case, the Service can only be held responsible to the User for facts directly attributable to it and is in any case limited to the amount corresponding to the subscription paid the month preceding the fact in question. It cannot be held liable for consequential damages. In addition, the Service cannot be held responsible for the User's misuse of the Service.

Article 7 - Responsibility & obligations of Users

7.1 General Responsibility

First and foremost, each User agrees to comply with the laws, regulations and international conventions in force and undertakes that the content they decide to bring to the attention of other Users (photos, videos, images, texts...) respects these Terms of Use as well as the laws and regulations in force, and will not affect public order, morality or the rights of third parties. In particular, and without this list being exhaustive, the User agrees:

- not to mention in their profile their name, address, telephone number, domain names or email addresses,
- not to distribute documents, photos or information concerning a third party without the express authorization of the latter
- not to harass any other Member in any way or to divulge information that could harm them or threaten their security,
- not to impersonate another person, Member or staff member of the Service,
- not to provide another Member or any other person with information provided by a Member and collected by the Service
- not to use the Service for commercial activities, in any form whatsoever, including spam, selling, lottery, contest, advertising, prostitution,...

7.2 Responsibility for content broadcast

The information provided to the Service by a User must be accurate. The user grants the Service a free, non-exclusive license to use the intellectual property rights attached to the content (photos, videos, images, texts, etc.) provided by them through the Service.

The Service does not undertake to verify the identity of the Users or the veracity of the Content (photos, videos, images, texts...) that they provide, these being provided under their entire and exclusive responsibility. Such content is considered nonconfidential. Any consequences of disclosure regarding their lives and / or Content are the sole responsibility of the Users concerned. Therefore, each User waives all recourse against the Service, in particular on the basis of the possible infringement of their right to image, honor, reputation or intimacy of their private life resulting from the dissemination or disclosure of information concerning them.

In addition, the User is informed that, given the characteristics of the internet, the data transmitted is not protected against the risk of misappropriation and / or piracy, for which the Service cannot be held responsible. It is therefore the sole responsibility of each User who shares content to take all appropriate measures to protect such content. Thus, any User who makes their content available to other Users acknowledges that the Service does not guarantee the confidentiality of the content, whether or not it is disseminated.

In particular, and without this list being exhaustive, the User agrees that no content provided by them:

- Is pornographic, pedophilic, of child pornography or violent
- Incites violence or crime, including sexual assault, suicide, acts of terrorism, theft and damage,
- Advocates war crimes, crimes against humanity or acts of terrorism,
- Incites racial discrimination, hatred or violence against a person or group of persons because of their origin, ethnicity or nonethnicity, or nation or to a particular religion,
- In any way affects the honor or the esteem of a person or a body against whom the fact is alleged,
- Contains any offensive expression or insult to third parties,
- Infringes upon the privacy, image and intimacy of a third party's private life,
- Infringes property rights, including intellectual property,
- Affects the security or integrity of any state,
- Proposes the sale, donation or exchange of property resulting from the commission of an offense or crime (swindle, misappropriation, breach of trust, etc.).

In case of failure of a User to the obligations contained in this article and those of Article 2 of these terms of use, or more generally to one of the obligations discretionarily deemed essential, the Service may terminate the contract and will permanently delete the account of the User concerned.

Without prejudice to the foregoing provisions, the User guarantees and indemnifies the Service at first request against any damage suffered and against any action for damages that may be brought against the Service as a result of the User's breach of any third party right, including another User of the Service.

Article 8 - Right of access and rectification of data

In order to allow Users to interact with each other, the Service collects, stores and archives personal information about its Users. This data can be: their name, postal and / or electronic address, fixed and / or mobile telephone number, information on their physical appearance, information on their interests, photographs and IP (Internet Protocol) address of their computer.

The Service may share parts of this information with some of its partners, it being understood that no information that can identify a particular User will be communicated.

Each User has a right of access, rectification and deletion of personal data concerning them. To exercise this right, the request must be made by mail with the details of the applicant and their username, to the address below:

Bizz Digital Sàrl
4 Avenue d'Ouchy
1006 Lausanne in (Switzerland)
Email : privacy@doyoukiss.com

Any User registered on the Service therefore has the right to require that information concerning them be rectified, completed, updated or deleted. If the request to delete information concerns elements necessary for the proper functioning of the User's Account, the account must be deleted.

The User acknowledges having been informed that the Site may implement "cookies" to record certain information on their computer and that it is possible to refuse the registration of these "cookies" by setting their Internet browser accordingly. The term "cookie" defines an information file stored on the hard drive of the User's computer so that it is recognized when they next visit the Site.

The Service may need to offer Users participation in loyalty programs, marketing or any other activities occurring on a website or a third party program. In this case, the Service is not responsible for the actions or activities of these third parties and urges its visitors to carefully read the terms and conditions offered by them

Article 9 - Advertising actions

In the context of advertising or promotional actions and in order to increase the efficiency of the service it offers to its Users, the Service reserves the right to exploit some of the content entered by Users, such as their photo, nickname, age, city of residence, search criteria and ad text.

Therefore, the information provided by the Users (except for personal details) is accessible via the Service in the visitor area and in the User area, and via newsletters distributed by email.

They are also accessible via any means of electronic (SMS, Email, Internet, MMS) or traditional communication (Press, Radio, Television) worldwide, provided the User has not expressed disagreement or terminated their access to the service.

The personal details of the User are in no case and no way whatsoever disseminated to anyone. Users may request the Service to no longer use their content for their advertising / promotion actions either by mail, by hiding their information in the User area, or by canceling their account.

Article 10 - Probative force

It is agreed between the participant and the Service that only the data saved on the computer systems of the publishing company have probative force with regard to the connection elements and the information resulting from processing of data relating to the service. Accordingly, it is expressly agreed that in the event of litigation or disagreement the Service may rely on these elements for the purposes of proof of any act, fact or omission in order to assert its rights in court. These different elements constitute admissible, valid and enforceable evidence between the parties regardless of their form or presentation.

Similarly, any operation performed using the username and password assigned to a User following their registration, is irrefutably presumed to have been carried out under the responsibility of the User.

Article 11 - Intellectual property

The Service and all rights attached to it are the exclusive property of the Service's publishing company. Consequently, and without this list being exhaustive, all the programs, brands, logos, illustrations, games, distinctive signs, texts, sounds, videos, images, interfaces, screens, as well as these terms of use visible on the Service are protected by Copyright Law, Intellectual and Artistic Property Law and by International Copyright Conventions.

Thus, any reproduction or representation of these elements without express authorization constitutes an infringement punishable by criminal penalties. The reproduction, disclosure, dissemination, use, representation, reproduction, modification or any other form of unauthorized and / or unlawful exploitation, in whole or in part, directly or indirectly, by any and all similar or different media, of the elements listed above, is subject to the prior authorization of the Service.

Otherwise, any offender is liable to the company for the relevant legal actions taken by the Service, the holders of exclusive rights assigned to the Service, or of third parties concerned, against the offender(s).

For its part, the User expressly authorizes the Service to reproduce and disseminate the information they provide on their page, account, ad, search criteria and presentation (information, description, images, etc.) on any or part of the Service and / or on any electronic communication medium, worldwide and for the entire duration of these terms of use between the User and the Service.

Article 12 – Right of assignment

The publisher of the Service reserves the right to assign or transfer to any company of its choice, the rights and obligations contained in these terms of use.

Article 13 - Severability

If one or more articles of these general conditions of use are adjudged to be invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other articles will maintain their full force and scope.

Article 14 – Applicable Law and Jurisdiction

The Service and these conditions are subject to Swiss law. In case of dispute the parties will firstly endeavor to make every effort to find an amicable solution. In the absence of an amicable agreement between the parties mentioned, the courts of the place of the registered office of the Service's publishing company shall have exclusive jurisdiction without exception, notwithstanding the plurality of defendants or third party claim.