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Last update: 11.09.2023
1. Purpose and Scope
Aara, the brand incorporated as trotty, a simplified joint-stock company (“société par actions simplifiée”) with a share capital of 18,700.00 euros, with its head office at 9 rue des Colonnes, 75002 Paris, registered in the companies register of Paris under the number 922 435 516 (“Aara (inc. trotty)”, “we”, “us”, “our”), is the publisher of Aara (inc. trotty) application accessible on the Apple store (the “App”), on which users access lifestyle & travel recommendations in cities and are connected to curated providers (“Services”).
Also, a “creative outlier” is a user who creates an account on the App in order to benefit from our recommendations, book from our providers and access our content.
We have drafted these Terms and Conditions of Use ('Terms and Conditions' or 'T&Cs') so that you are aware of the rules of the Website and how it works. These Terms and Conditions constitute a legally binding contract between you and Aara (inc. trotty). Please read them carefully.
By using the Website, you accept the T&Cs without reservation. You are bound to refer to the version of the T&Cs available online at the time of your access and use of the Services.
2. Access to the website and description of the services
2.1 Access to the App
To access and use the Services provided by the App, you confirm that :
you have the capacity to engage with Aara (inc. trotty);you are 18 years of age or older. If you are under 18 years of age, you confirm that you have the prior permission of the person with parental authority to use this Website. This permission may be requested by our services;you agree to comply with these T&Cs and all applicable local, national and international laws, rules and regulations.
2.2 Service Descriptions
The App is a recommendation platform, and more precisely, the Services are:
consultation of the App;creation of a Personal Profile for creative outliers (“Personal Profile”);Personal Profile configuration;recommendations based on creative outliers’ expressed preferences through their use of the app;
connection between creative outliers and lifestyle & travel providers and possibility to bookThe Services are free for providers.Creative outliers and Aara (inc. trotty) enter into a distinct agreement as defined by the Aara (inc. trotty) subscription terms in the Apple Store.
3. Conditions of Access and Use of the App
3.1 Access to the Services
You may access and use the App only after the creation of a Personal Profile or after logging in.
You are responsible for the purchase of an internet subscription and other charges associated with your use of our App.
3.2 Creation and access to the Personal Profile
To access the App and benefit from Services, creative outlier will need to create a Personal Profile. This Personal Profile is personal and password protected via their Apple or Google accounts. The Personal Profile is entirely created based on the link to their Apple or Google sign-in.
The creation of a Personal Profile implies that the creative outlier provides personal information such as civil status, first name, last name, date of birth, location, phone number and email address, which are subject to data processing as provided for in the Privacy Policy.
Any loss, misappropriation or unauthorized use of a creative outlier's ID and their consequences are the sole liability of that creative outlier. In all the cases abovementioned, the creative outlier is required to inform Apple or Google, without delay, according to their processes in place for these cases.
3.3 Rights granted to Users
Aara (inc. trotty) grants the User a personal, non-transferable, non-exclusive, revocable and non-sub licensable licence to access and use the App. The sole purpose of this licence is to allow you to use the App in accordance with these Terms and Conditions.
Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, or illegal downloading or copying constitutes an act of infringement. The User undertakes not to use or implement a robot or any other automated means to access the App and/or the content, and more generally, not to attempt to interfere with the operation of the App.
Except as expressly permitted by law, the User shall not, nor shall the User permit others to, modify, adapt, translate, reverse engineer, decompile or disassemble the App or any of its components or create derivative works.
We inform creative outliers that they can delete their Personal Profile at any time by e-mail. The email shall specify their login details, first name and last name and be sent at the following address che@aara.app so that Aara (inc. trotty) can proceed with the reset of the Personal Profile. The user can also delete their account at any time using the functionality available to that effect in the settings of the app.
3.4 Obligations of Users
The User is solely responsible for providing information in his Account, and Aara (inc. trotty) can under no circumstances be held liable for erroneous information. In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, Aara (inc. trotty) may, immediately and without notice or compensation, suspend or terminate the Account and refuse access, temporarily or permanently, to all or part of the Services provided on the App.
Aara (inc. trotty) supports and promotes the values of tolerance, diversity and respect for others.
The User thus undertakes to respect these values when using the App. In particular, the User undertake:
not to make any discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, illicit or other violent or pornographic comments, nor to publish any content contrary to public order or morality in any way whatsoever while browsing and using the App; not to publish any content that may be harmful, defamatory, unauthorised, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or which may be described as gross indecency or incitement to commit certain crimes or offences; not to impersonate any person or entity or misrepresent your affiliation with another person or entity; not to use the App for political, propaganda or proselytising purposes; not to infringe Aara (inc. trotty) and its partners’ intellectual property rights on the App and its components; not to spam, intimidate, solicit or otherwise misuse the App; not to carry out illegal activities, by publishing content (photographs, images, texts, videos) involving minors in any way whatsoever; to notify Aara (inc. trotty) of any inappropriate content.You remain solely liable for your use of the App, submit or store through the App. Aara (inc. trotty) cannot be held responsible for any loss or damage resulting from the use of the App by the User, or any third party (authorised or not).
4. Obligations of Aara (inc. trotty)
Aara (inc. trotty) undertakes to use its best efforts to ensure permanent access to the App and its Services.However, Aara (inc. trotty) cannot be held liable for the unavailability of the App or a Service in case of events such as :
the maintenance of the App, including when the maintenance is carried out by third parties; the occurrence of an of unforeseeable event which is beyond the control of such Aara (inc. trotty) and which circumstances would have been unavoidable (force majeure pursuant to art. 1218 of the French civil code);internet network failure.The User is furthermore informed of the risks inherent in the use of the Internet, in particular in terms of security defects in the transmission of data and of non-guaranteed availability of access to the App and its content. Under no circumstances, can Aara (inc. trotty) be held liable for these risks and their consequences, regardless of their extent, for the User.
It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from viruses or other forms of attack that may circulate on the App.
Aara (inc. trotty) may, at any time, modify all or part of the App and its functionalities, modify or suggest new content and Services. In particular, Aara (inc. trotty) may update the content according to the evolution of legal provisions or good practices in force.
Any new functionality will be subject to these Terms and Conditions.
Aara (inc. trotty) informs the User, who accepts it, that the App is hosted by a provider with whom Aara (inc. trotty) has concluded a subcontracting agreement: fly.io whose servers are located worldwide.
In the event that a security breach detected by Aara (inc. trotty) is likely to seriously compromise the security of the Site, Aara (inc. trotty) may, without notice, temporarily interrupt access to the App in order to remedy the security breach as soon as possible. In this case, the User will not be entitled to claim any compensation or to hold Aara (inc. trotty) liable for any reason whatsoever.
5. Intellectual Property
5.1 Our intellectual property rights
All intellectual property rights related to the App and its content (texts, images, pictures, videos, databases, sounds, photographs, logos, trademarks, etc.) are and remain the property of Aara (inc. trotty), or are subject to licences and/or authorisations granted to us by third parties such as partners to display and publish their content). The User undertakes to respect our intellectual property rights and the rights of third parties.
The User is only authorized to use the App and its contents in accordance with the T&Cs. Apart from the User Content, the User may not reproduce, make available to the public, execute, publish or modify any part of the App and its content without the prior written consent of Aara (inc. trotty).
5.2 Third party rights
You are reminded that you must obtain all necessary permissions and rights from all relevant rights holders in respect of any User Content that you wish to publish via the App, including all intellectual property rights, and rights of publicity (including rights of image), to enable you to use such content in peace.
6. Links to Third Party Websites
Our App may contain links to third party websites or apps. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions contained in these Terms and Conditions. We expressly disclaim any liability for these websites or apps. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
7. Liability
7.1 General
Aara (inc. trotty) makes its best effort to keep the App up and running without interruption or suspension. However, we cannot promise that the Website will continue to run without any problems.
The User also acknowledges that the Website is provided 'as is' and 'as available' without warranty of any kind. In addition, while Aara (inc. trotty) makes its best effort to provide a good User experience, we cannot represent or warrant that: (a) the App will always be secure or free from errors or alterations; (b) the App will always operate without delay, disruption or imperfection.
7.2 Exclusions
To the extent permitted by applicable law, the User expressly acknowledges that Aara (inc. trotty) cannot be held liable in any way for :
suspension of access to the Site for maintenance purposes; reduced performance or temporary or permanent unavailability of the App; interruption of the App; the occurrence of defects; inaccuracies or omissions in the information available on the App; damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the App; the occurrence of any damage resulting from a fault, misuse of the App or negligence on the part of the User; and more generally for the inability to access the App, Internet network malfunctions, defects, viruses or the credit given to any information coming directly or indirectly from the App.
Aara (inc. trotty) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES. IN THE EVENT OF A BREACH OF THESE TERMS AND CONDITIONS, Aara (inc. trotty)'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL BE LIMITED TO 1,000 EUROS.
Aara (inc. trotty)’s LIABILITY SHALL NOT BE LIMITED TO DEATH, PERSONAL INJURY RESULTING FROM THEIR OWN ACT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
IF THE LAW OF THE COUNTRY IN WHICH YOU RESIDE DOES NOT PERMIT THE EXCLUSIONS OF LIABILITY SET OUT IN THIS CLAUSE, THESE EXCLUSIONS DO NOT APPLY.
8. Applicable Law and Jurisdiction
These T&Cs, their conclusion, interpretation, execution, termination or expiration are governed by French law.
In the event of a dispute, please contact Aara (inc. trotty) to the following email address: che@aara.app. Any dispute between Aara (inc. trotty) and User arising from the interpretation, execution or termination of these T&Cs which cannot be resolved amicably will be settled by the competent courts within the jurisdiction of the French Court of Appeal of Paris, notwithstanding any claim or incidental warranty, or in the event of multiple defendants.
9. Miscellaneous
9.1 Entire agreement
These T&Cs constitute the entire agreement between you and us with respect to the provision of the Services. In the event of a conflict between these T&Cs and any other agreement or policy, these T&Cs will prevail on the subject matter of these T&Cs.
Except as expressly provided herein, these T&Cs describe our entire liability to you and your exclusive remedies with respect to your access and use of the Services. If any provision of these T&Cs is held to be invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The rights conferred upon us in these T&Cs are not intended to be exclusive of each other or of any other rights and remedies we may have at law or in equity.
9.2 Assignment
These T&Cs, and any rights and/or obligations thereunder, may not be transferred or assigned by you without our prior written consent, but may be transferred and assigned by us without your consent or other restrictions.
9.3 Survival
Any provision that is reasonably necessary to accomplish or enforce the purpose of these T&Cs will survive and remain in effect in accordance with its respective terms upon the termination of these T&Cs.