Terms of Use

Last updated: 25 September 2026

This is a translation of the French version. In the event of any discrepancy, the French version shall prevail.

FRENDE

These Terms of Use (the "Terms") govern access to and use of the bpm application ("bpm", the "Application" or the "Service"), published by BPM, a French simplified joint-stock company (société par actions simplifiée, SAS) with a share capital of €100.00, registered with the Paris Trade and Companies Register under SIREN number 993 678 648, whose registered office is located at 24 bis rue de Téhéran, 75008 Paris, France, and whose email address is [email protected] ("bpm").

bpm is a themed digital matchmaking platform intended for adults who share an interest in sport and who may wish to meet, talk or practise a sporting activity together. bpm provides a technological matchmaking and digital intermediation service between its Members. bpm is not a party to the relationships formed between Members and does not, unless expressly stated otherwise, organise the meetings, sporting activities or other interactions that take place between them.

These Terms constitute the contract between bpm and each Member. Creating an Account, registering or using the Application implies full and unreserved acceptance of these Terms. The Member acknowledges having read them before creating their Account and undertakes to comply with them. These Terms are supplemented by the Privacy Policy and, where applicable, by the Cookie Policy, as well as by any specific terms applicable to certain features or paid offers.

Article 1 — Purpose and scope

The purpose of these Terms is to set out the conditions and procedures for accessing and using the Service, as well as the respective rights and obligations of bpm and its Members.

They apply to any person who creates an Account or uses the Service, regardless of the download platform (App Store, Google Play or other).

Article 2 — Definitions

For the purposes of these Terms:

• "Application" means the bpm mobile application and any associated versions or interfaces.
• "Service" means all the features offered by bpm through the Application.
• "User" or "Member" means any adult natural person who has created a bpm Account.
• "Account" means the personal space created by a Member in order to use the Service.
• "Profile" means all the information, photographs, preferences and Content associated with a Member's Account.
• "Content" means any item published, transmitted, shared or made accessible by a Member through the Service, including photographs, texts, messages, Profile information and other content.
• "Match" means the connection resulting from a mutual interest between two Members, according to the features offered by bpm.

Article 3 — Access and registration requirements

3.1 General requirements

Use of bpm is strictly reserved for natural persons aged at least 18. Minors may not create or use a bpm Account. Use of the Service requires compatible equipment, Internet access and a telephone number or any other authentication method offered by bpm (including sign-in with an Apple or Google account).

3.2 Information required at registration

The Member must provide at least the following information, the list of which may change with the registration flow: their first name, gender, date of birth, height, city, relationship intention, the sports they practise and how often, at least three photographs and two answers to questions, as well as any other information indicated as mandatory in the Application. Downloading the Application is free; certain features may be offered for a fee under the pricing conditions displayed in the Application (see Article 16).

3.3 No automatic right to register

Meeting the technical registration requirements does not confer any vested right of access to the Service. Within the limits of applicable law, bpm may refuse a registration, request additional information or verification, delay the activation of an Account or take any necessary measure where it has evidence justifying such a measure, in particular with regard to security, fraud, identity theft or compliance with these Terms.

3.4 Verification and identity documents

In order to preserve the security of the Service and its Members, bpm may implement mechanisms to verify the identity, age or authenticity of the Profile or of certain information provided by a Member, under the conditions laid down by applicable regulations and set out in Article 8. For this purpose, bpm may require a Member to provide a valid identity document (national identity card, passport or any other equivalent document), in particular in the event of doubt as to identity, age or the authenticity of the Profile, following a report, or as a random check. Refusal to provide such a document within the time limit indicated by bpm may lead to the restriction, suspension or termination of the Account, under the conditions of Article 13. The documents provided are used solely for verification purposes and are processed in accordance with the Privacy Policy. For security reasons, bpm is not required to disclose the detailed characteristics of its internal detection, scoring or abuse-prevention mechanisms, subject to the rights granted to Members by applicable regulations.

Article 4 — Account creation, accuracy of information and Account management

4.1 Accurate information

When registering and throughout their use of the Service, the Member undertakes to provide truthful, accurate, complete and up-to-date information, and to keep it up to date. In particular, the Member undertakes not to:

• use a false identity, or impersonate or adopt the characteristics of a third party;
• use a photograph of a third party, or a photograph generated or substantially modified by artificial intelligence, to represent their Profile;
• knowingly provide information intended to mislead other Members, or falsify their age;
• use a third party's Account or allow a third party to use their Account.

4.2 Personal nature of the Account

The Account is strictly personal. The Member is responsible for keeping their access credentials confidential and must inform bpm as soon as possible of any unauthorised use of their Account of which they become aware. bpm cannot be held liable for the consequences of any use of the Account attributable to the Member or to a person who had access to their authentication credentials.

4.3 Single Account

Unless expressly agreed by bpm, a Member may only hold one Account. Creating several Accounts, in particular in order to circumvent a suspension, termination or restriction, is prohibited.

Article 5 — Description and operation of the Service

Depending on the features available, bpm allows Members in particular to: create and view Profiles; express interest in other Members; obtain Matches; communicate with other Members; suggest or organise meetings or sporting activities directly with other Members.

The features offered by bpm may change. bpm may add, modify, suspend or remove certain features where necessary, in particular for technical, security, regulatory or commercial reasons or reasons related to the development of the Service, subject to the mandatory rights of consumers.

5.1 No guarantee of results

bpm does not guarantee: any minimum number of Matches; any reply from another Member; any meeting; any romantic relationship; any actual compatibility between Members; any sporting level; any availability of other Members; or any particular result from using the Service. This absence of guarantee also applies, without exception, to Members who have taken out a paid subscription or made a purchase within the Service (visibility feature, credit or any other paid feature): payment gives access to a specific feature but in no way constitutes a guarantee of obtaining a like, a Match, a reply or any other particular result.

5.2 Ranking and visibility of Profiles

bpm alone determines, according to its own criteria which it may change at any time, the order, frequency and visibility with which Profiles are presented within the Service, including in connection with paid visibility features ("Boost", "Superlike", "bpm Pro" and "bpm Elite"). bpm does not guarantee any specific level of visibility, ranking or exposure, including for Members who have purchased a paid visibility feature, the effect of which depends in particular on the behaviour of other Members and on factors beyond bpm's control.

Article 6 — Rules of conduct and prohibited behaviour

The Member undertakes to use bpm fairly, respectfully and in compliance with applicable laws and regulations. The following are prohibited in particular:

6.1 Harm to persons

Threats, violence, harassment, intimidation, stalking or any abusive monitoring, blackmail, extortion, hateful or discriminatory remarks, insults or behaviour intended to humiliate or degrade a person, attacks on human dignity, incitement to commit an offence.

6.2 Sexual misconduct

Pornographic or sexually explicit content, sending unsolicited sexual content, any non-consensual sexual solicitation, distributing or threatening to distribute intimate content without permission, using the Service for the purposes of prostitution or sexual exploitation, any activity involving a minor.

6.3 Fraud and deception

Fake Profiles, catfishing, identity theft, falsification of information, creating an Account in the name of a third party, scams and attempted scams, fraudulent requests for money or financial benefits, manipulation intended to obtain a financial or personal advantage, using bpm to organise or facilitate an unlawful activity.

6.4 Unauthorised commercial use

Using the Service for commercial, advertising or prospecting purposes, to promote a product or service, to recruit customers or prospects, for pyramid selling or network marketing, or to collect contact details for commercial purposes.

6.5 Collection and exploitation of data

Mass collection of information about Members, extracting or copying Profiles, scraping, using unauthorised bots or scripts, building a database from information available on bpm, exploiting Members' data for commercial or advertising purposes without authorisation.

6.6 IT security

Circumventing security measures, introducing viruses or malicious code, disrupting the operation of the Service, searching for vulnerabilities without authorisation, reverse engineering where prohibited by applicable regulations, unauthorised reproduction or redistribution of the Application.

This list is not exhaustive.

Article 7 — Profiles, photographs and content published by Members

7.1 Member's responsibility

Each Member is solely responsible for the information and Content they publish, transmit or make accessible through bpm. The Member warrants that they hold the rights necessary to publish the Content concerned and ensures that it does not infringe the rights of third parties, intellectual property rights, privacy or a third party's image rights, and that it is neither unlawful nor misleading.

7.2 Photographs

Photographs published on bpm must show the Member concerned and reasonably allow them to be identified. It is prohibited to publish photographs that mainly show another person, that are used without the required permission, that are misleading, that are generated or substantially modified by artificial intelligence without saying so, that are pornographic, that undermine human dignity, or that are unlawful. bpm may remove or make inaccessible any photograph that does not comply with these Terms or that raises a security, legal or compliance issue.

7.3 Messages

Members are responsible for their conversations. The private nature of conversations between Members is respected, without prejudice to the processing or intervention necessary for the security of the Service, the prevention or detection of fraud, the handling of reports, combating unlawful behaviour, compliance with a legal obligation, responding to a request from a competent authority, or the exercise or defence of bpm's rights. The conditions for processing data relating to messages are set out in the Privacy Policy.

Article 8 — Profile verification and combating fake profiles

8.1 Automated analysis of photographs

In order to combat fake profiles, bpm carries out an automated analysis of Profile photographs to check that a human face is present on the photographs published. The corresponding processing of personal data is described in the Privacy Policy.

If no face is detected on at least one photograph, the Account may be created, but the Member cannot connect with other Members: they can view and skip Profiles, but cannot send a like or a Superlike, obtain a Match or exchange messages until a photograph on which a face is detected has been added to their Profile.

8.2 Additional verification

bpm may ask a Member to carry out an additional verification of their identity or age where a particular situation justifies it (report, suspicious behaviour, suspected fake profile, legal obligation). The procedures and technical means used for this purpose may change.

8.3 Confidentiality of detection systems

In accordance with Article 12, and in order to preserve the effectiveness of its systems, bpm is not required to disclose the details of its technical detection criteria, subject to the rights granted to Members by applicable regulations.

8.4 Security verification

In order to protect the community against fake Profiles, scams and abusive behaviour, bpm may, as a preventive and temporary measure, place an Account under security verification. During this verification, the visibility of the Profile and certain interactions with other Members may be limited.

Security verification is a precautionary measure and does not constitute a sanction. It may be triggered automatically and is reviewed by a member of the bpm team, following which the verification is lifted or a measure is taken under Article 13.

In order to preserve the effectiveness of this system and to prevent perpetrators of fraud from circumventing it, in particular by creating new Accounts, the Member is not informed at the time the verification begins. The Member may at any time ask bpm, at [email protected], whether their Account is or has been subject to a security verification; bpm will then provide the reasons, within the limits set out in Articles 8.3 and 12, and the Member may use the means of redress provided for in Article 13.5.

A security verification does not give rise to any refund or compensation in respect of the current subscription or paid features, without prejudice to the Member's mandatory rights and to Apple's and Google's own rules described in Article 16.

Article 9 — Licence relating to Members' content

9.1 Licence necessary for the operation of the Service

The Member retains their rights to the Content they own. In order to enable the Service to operate, the Member grants bpm a non-exclusive, worldwide, royalty-free licence, limited to the period necessary for operating the Service, to host, store, reproduce, display, technically adapt and show the Content they publish, solely for the purpose of providing, maintaining, securing and improving the Service and enabling them to connect with other Members. The Member warrants that they hold the rights necessary to grant this licence.

9.2 External promotional use

The above licence does not cover the use of a Member's Content (photographs, testimonials, Profile elements) in bpm's external communication materials (advertising, social media, Application presentation visuals). Such use may only take place with the prior, specific and separate consent of the Member concerned, obtained separately for each intended use, in writing or by any other means leaving a record, and which may be withdrawn at any time without affecting the use of the Service.

9.3 End of the licence

Deleting a piece of Content or the Account ends the licence referred to in Article 9.1 for the future, subject to technical requirements, legal retention obligations, needs related to security, fraud prevention or the defence of bpm's rights, and Content already incorporated into communications or materials whose immediate deletion is not technically or legally required.

Article 10 — Meetings between Members and sporting activities

10.1 Principle

bpm is a matchmaking platform. Meetings between Members are organised directly by them and are not, unless expressly stated otherwise, organised, supervised or overseen by bpm. bpm is not present at meetings and does not control Members' behaviour outside the Application.

10.2 No background checks

bpm does not carry out any checks on the criminal record, personal or family situation, or real identity of Members, beyond the checks explicitly described in Article 8. The existence of a Profile, a verification badge or any other verification element on bpm in no way relieves the Member of exercising their own judgement and taking all precautions appropriate to the situation before, during and after any meeting.

10.3 Precautions

bpm recommends in particular that Members: hold first dates in public places; tell someone close to them about their date; keep their own means of transport; do not share sensitive information too early; do not give money to a person met on the Application without making sure the request is legitimate; leave immediately any situation they consider dangerous.

10.4 Sporting activities

Any sporting activity organised between Members is undertaken on their sole initiative and at their own responsibility. Each Member must ensure that the planned activity is suited to their age, level, physical condition, state of health, equipment and experience, and acknowledges being solely responsible for their state of health and physical condition. bpm does not provide any medical advice, diagnosis or sports supervision, nor any guarantee as to the physical fitness or sporting level of another Member, and recommends consulting a health professional before any sporting activity. Where an activity involves particular risks, it is up to the participants to take all necessary precautions and, where appropriate, to use a qualified professional.

Article 11 — Reporting and moderation

bpm provides mechanisms for reporting certain Content or behaviour that may breach these Terms or applicable regulations. bpm may also act on its own initiative where it has evidence suggesting a breach of the Terms, a risk to the security of the Service or its Members, or unlawful or fraudulent behaviour.

In particular, bpm may: request explanations or additional information; request a verification; remove or make inaccessible a piece of Content; limit the visibility of a Profile; limit certain features; temporarily prevent certain interactions; warn the Member; temporarily suspend an Account; permanently terminate an Account; place an Account under security verification under the conditions of Article 8.4; prevent the creation or reactivation of an Account intended to circumvent a sanction; take any other measure reasonably necessary for the security and proper operation of the Service.

Moderation measures are taken in accordance with applicable law, in particular the obligations applicable to intermediary services and online platforms under Regulation (EU) 2022/2065 on digital services (the "DSA"). bpm does not guarantee that a report will always result in a particular measure. Abusive reports, manifestly unfounded reports or reports made with the aim of harming another Member may themselves constitute a breach of these Terms.

Article 12 — Fraud detection, security, automated measures and artificial intelligence

bpm may implement mechanisms to prevent and detect fraudulent or abusive behaviour or behaviour contrary to these Terms, including automated or artificial intelligence-based tools (in particular for detecting fake Profiles, combating fraud, moderating Content and generating Profile recommendations). Under the conditions set out in the Privacy Policy, these mechanisms may take into account information relating to the Account, its use, reports, behaviour observed on the Service and certain technical elements.

bpm undertakes to implement these systems in compliance with Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (the "AI Act"), where applicable. Certain measures, in particular restriction, suspension or termination of an Account, may be taken automatically where the elements detected justify it. Any Member subject to such a measure may request a review under the conditions of Article 13.5; that review is then carried out by a natural person with the power to confirm, modify or lift the measure. Where applicable regulations require specific safeguards in the event of a decision based solely on automated processing, bpm implements the required safeguards.

For security reasons, bpm is not required to disclose its detailed technical criteria for detecting fraud or circumvention where such disclosure would be likely to compromise the effectiveness of its systems.

Article 13 — Suspension, termination and ban on re-registration

13.1 Measures taken by bpm

bpm may temporarily or permanently suspend, restrict or terminate a Member's Account, with or without prior warning depending on the seriousness, urgency and circumstances, and subject to applicable legal obligations. Any restriction, suspension or termination measure is accompanied by a statement of reasons sent to the Member concerned, specifying the ground relied on, the facts on which the measure is based and the available means of redress (Article 13.5), in accordance with Article 17 of Regulation (EU) 2022/2065. By way of exception, the security verification provided for in Article 8.4 is accompanied by a statement of reasons at the Member's request or where it leads to a measure under this article. Such a measure may be taken in particular, without limitation, in the following cases:

• a report, by one or more other Members or by a third party, of behaviour, content or a profile;
• publication of a photograph or content that does not comply with these Terms (see Article 7.2);
• suspected or established identity theft, fake profile or catfishing;
• suspected or established fraud, including fraud relating to a means of payment or a refund (see Article 16.3);
• a threat or danger to another Member, harassment or abusive behaviour;
• unlawful behaviour or behaviour contrary to applicable laws and regulations;
• circumvention or attempted circumvention of a previous sanction;
• a serious breach of the security of the Service;
• refusal to provide an identity document requested in accordance with Article 3.4;
• a request or order from a competent authority.

13.2 Temporary suspension

Suspension may result in the inability to access the Account, the limitation of certain features, the temporary deactivation of the Profile or the inability to interact with other Members, for a period depending on the nature and seriousness of the facts concerned.

13.3 Termination

In the event of a serious or repeated breach, or where keeping the Account is no longer compatible with the security or proper operation of the Service, bpm may terminate the Account. Termination results in the loss of access to the Service, subject to the rights and obligations that must legally survive termination.

13.4 Ban on circumventing a sanction

The deletion, termination or suspension of an Account does not confer any right to create a new Account. A Member whose Account has been suspended or terminated may not create or use a new Account in order to circumvent that measure.

13.5 Appeals

Where a Member disputes a measure taken against them, they may contact bpm at [email protected]. bpm examines appeals in accordance with the applicable procedures, in particular those provided for by the DSA where applicable. The existence of an appeal mechanism does not prevent immediate measures from being taken where they are necessary to prevent a risk or comply with a legal obligation.

13.6 A paid subscription offers no protection

Taking out a paid subscription or any paid feature does not prevent the measures provided for in this article from being applied. In the event of suspension or termination due to the Member's breach of these Terms, in particular on the grounds listed in Article 13.1, no full or partial refund of the current subscription or paid feature is owed by bpm, without prejudice to Apple's or Google's own refund rules described in Article 16.

Article 14 — Deactivation and deletion of the Account by the Member

14.1 Deactivation

The Member may deactivate their Account from the Application. Deactivation makes the Profile unavailable or less visible to other Members. Uninstalling the Application does not delete the Account and does not deactivate or delete it; the Account remains active until the Member has followed the procedure described below.

14.2 Deleting the Account

It is up to the Member, and the Member alone, to delete their Account if they wish to stop using the Service. Deletion is carried out exclusively through the dedicated feature in the Application (Settings > Delete my account). bpm does not delete an Account at the Member's request made by any other means (email, post or any other channel) and has no obligation to do so outside the cases of termination provided for in Article 13 or deletion of inactive Accounts provided for in Article 15. It is therefore the Member's responsibility to keep access to their Account so that they can carry out this step themselves.

14.3 Right to erasure of personal data

Independently of the Account deletion referred to in Article 14.2, the Member has, under the regulations applicable to the protection of personal data, a right to erasure of their personal data, which they may exercise by contacting bpm using the contact details given in Article 30 and set out in the Privacy Policy. Exercising this right constitutes a request relating to the Member's personal data and not a request to delete the Account itself: in all cases, it is up to the Member to delete their Account in accordance with Article 14.2 if they also wish to end the contractual relationship. bpm handles erasure requests under the conditions and subject to the reservations set out in the Privacy Policy.

14.4 Retention period after deletion

After the Account has been deleted via the Application, or after an erasure request under Article 14.3 has been fully processed, the Member's data is kept by bpm in a separate archive database, not accessible to other Members, for a period of six (6) months, solely in order to meet any legal obligations, handle ongoing litigation or fraud, or comply with a request from a competent authority. At the end of this period, the data is permanently deleted or anonymised, subject to a longer retention period imposed by law for a specific category of data (see Privacy Policy).

14.5 No right to re-register

Deletion of the Account is final and does not constitute a right to create a new Account later where previous restrictions or sanctions prevent it (see Article 13.4).

Article 15 — Inactive Accounts

bpm may delete Accounts that have remained inactive for a long period, in accordance with the procedures and time limits set out in the Privacy Policy, after informing the Member in advance by appropriate means. Where regulations or circumstances so require, bpm may retain certain data after the Account has been deleted or deactivated, under the conditions set out in the Privacy Policy.

Article 16 — Subscriptions, paid features, payments and refunds

16.1 Paid features

Certain features of the Service may be available for a fee (subscription, one-off purchase). The applicable prices and conditions, including renewal terms, are displayed before purchase.

16.2 Purchases via the App Store and the Play Store

bpm's paid features are purchased exclusively through the billing systems of Apple's App Store and Google's Play Store. bpm does not enter into any sale directly with the Member and does not collect any payment from them. The distribution platform concludes the transaction in its own name, on behalf of bpm, and alone controls the payment, billing, renewal, withdrawal and refund conditions that apply to it, in addition to these Terms. bpm remains the provider of the Service and, as such, remains bound by the obligations imposed on it by applicable regulations, in particular the legal guarantee of conformity referred to in Article 16.5.

16.2.1 Cancelling a subscription

Subscriptions taken out via the App Store or the Play Store renew automatically until they are cancelled. bpm does not and cannot manage the cancellation of a subscription: it must be done by the Member themselves, directly from the settings of their Apple account (Settings > [Name] > Subscriptions) or their Google account (Play Store > Payments & subscriptions > Subscriptions). Cancellation takes effect at the end of the current billing period; unless the platform concerned provides otherwise, it does not give rise to a refund for the period already started.

16.2.2 Refunds — purchases made via the App Store

Any refund request relating to a purchase made with an Apple ID is handled exclusively by Apple, which decides alone according to its own rules. bpm has no technical control over these refunds and can neither grant nor oppose them. The request is made from the App Store, in the Purchase History section, by selecting "Report a Problem", or through Apple Support.

16.2.3 Refunds — purchases made via the Play Store

Where the request is made within forty-eight (48) hours of the purchase, it is handled directly by Google according to its own rules. After that period, Google refers the Member to bpm: the request is then examined by bpm, in accordance with its refund policy set out in Article 16.2.4 and applicable law. The Member sends their request to [email protected], stating the Google order number shown in their purchase confirmation email.

In both cases, these provisions do not affect the rights that the consumer Member holds against bpm under applicable regulations, in particular under the legal guarantee of conformity referred to in Article 16.5.

16.2.4 Compensation and refund terms

Extension of the subscription, the main remedy. Where a lack of conformity or unavailability of the Service attributable to bpm is established, bpm brings the Service into conformity as provided for in Article 16.5 by extending the current subscription period by a period at least equal to the period during which the Member was deprived of the Service or the feature concerned. This measure applies in particular in the event of prolonged unavailability of the Service, and in the event of suspension of an Account where the review provided for in Article 13.5 establishes that it should not have been imposed.

Refunds. A refund can only be processed through the billing system of the platform that recorded the purchase. As a result, for a purchase made via the Play Store, bpm may refund the transaction concerned in full in the cases covered by Article 16.2.3, as no partial refund is technically possible; and, for a purchase made via the App Store, bpm has no technical means of issuing a refund, the request falling exclusively to Apple under the conditions of Article 16.2.2, in which case bpm applies the subscription extension provided for above. bpm does not issue any refunds by bank transfer or by any other means outside the distribution platforms.

Cases in which no compensation is owed. No extension or refund is granted in the event of a simple change of mind after accessing the paid feature, for a subscription period already started and actually used, for not obtaining a like, a Match, a reply or any other result in accordance with Article 5.1, or where the Account has been suspended or terminated due to the Member's breach of these Terms in accordance with Article 13.6.

Mandatory rights. These terms describe the means available to bpm and do not affect the mandatory rights that the consumer Member holds under the law, in particular under the legal guarantee of conformity referred to in Article 16.5. Where a legally required measure cannot technically be implemented by bpm, bpm refers the Member to the distribution platform concerned and assists them with their request.

16.3 Abuse after a refund

Where a refund is obtained from Apple, Google or any other payment intermediary even though the Member has already benefited from the paid features concerned, bpm may, where justified and within the limits of applicable law, restrict access to the features concerned, suspend the Account, or remove Matches or benefits obtained through the refunded feature, without notice or compensation. These measures do not deprive the Member of the rights they hold under applicable regulations.

Where a Member has obtained several refunds, bpm may, at its sole discretion, permanently suspend or terminate their Account. bpm alone assesses the number, frequency and circumstances of the refunds justifying such a measure. The measure is taken under the conditions of Article 13, gives rise to no compensation and entails the prohibition on creating a new Account provided for in Article 13.4.

16.4 Virtual items

Credits, boosts or other virtual items offered within the Service have no monetary redemption value, are neither refundable nor transferable between Accounts, and may be subject to an expiry date specified at the time of purchase. They are permanently lost if the Account is deleted, whatever the reason.

16.5 Legal guarantee of conformity for digital content and services

In accordance with Articles L. 224-25-12 et seq. of the French Consumer Code, bpm provides a Service that conforms to the contract and is liable for any lack of conformity attributable to it. Where the Service is provided on a continuous basis, in particular as part of a subscription, this obligation applies throughout the period of supply.

The following do not constitute a lack of conformity attributable to bpm: temporary interruptions related to maintenance, updates, bug fixes or the security of the Service; unavailability resulting from a force majeure event or from a failure of a network, device, operating system or third-party technical provider, under the conditions of Article 19; the absence of a result or feature that bpm has not promised, in particular with regard to Article 5; and malfunctions resulting from use of the Service that does not comply with these Terms.

In the event of a lack of conformity attributable to bpm, the consumer Member may have the Service brought into conformity free of charge and within a reasonable time. A price reduction or termination of the contract may only take place in the cases and under the conditions provided for by law; in accordance with the French Consumer Code, termination of the contract is excluded where the lack of conformity is minor. The Member may assert this right with bpm using the contact details given in Article 30.

Article 17 — bpm's intellectual property

bpm and, where applicable, its partners hold all intellectual property rights relating to the Application, the Service and their components (trademark, logos, names, graphic elements, interface, texts, databases, features, software, code, visual and sound elements, architecture and presentation of the Service). Any unauthorised reproduction, representation, extraction, adaptation, modification, distribution or exploitation of all or part of the Service is prohibited and may give rise to legal proceedings, in particular for infringement, unfair competition or free-riding. The Member only benefits from a personal, non-exclusive and non-transferable right to use the Service in accordance with these Terms.

Article 18 — Prohibited uses of the Service

Without prejudice to the other prohibitions set out in these Terms, it is prohibited to use bpm to: copy or reproduce the Service; create a competing service from bpm's data or Content; extract all or part of the database; carry out scraping; reproduce bpm's interface; circumvent technical security measures; carry out reverse engineering in cases prohibited by applicable regulations; use the data accessible on bpm to develop or feed a third-party service, including an artificial intelligence system; divert the Service from its purpose. These prohibitions shall not have the purpose or effect of preventing the exercise of rights mandatorily granted by law.

Article 19 — Availability, development of the Service and force majeure

bpm uses reasonable means to ensure access to the Service. The Member acknowledges that the operation of a digital service may be affected by events beyond bpm's control, in particular a failure of the Internet network or the telephone operator, a breakdown or incompatibility of the device, a maintenance or update operation, a security incident, the unavailability of a technical provider, the malfunction of a third-party service, or any force majeure event within the meaning of Article 1218 of the French Civil Code.

bpm may temporarily interrupt all or part of the Service where such interruption is necessary for its maintenance, security or updating, and may change the features of the Service, including removing some of them, subject to applicable mandatory rights. The occurrence of a force majeure event suspends the obligations of the affected party for the duration of that event.

Article 20 — bpm's liability

20.1 Scope of liability

bpm is liable for the obligations incumbent upon it under applicable regulations. bpm cannot be held liable for acts or behaviour attributable to the Members themselves or to third parties, or for any damage resulting from use of the Service that does not comply with these Terms.

20.2 No guarantee

In particular, bpm does not guarantee: the real identity of a Member beyond the checks actually carried out and described in Article 8; the ongoing accuracy of the information published by Members; a Member's civil status or personal situation; a Member's intentions, sincerity or good faith; the absence of a criminal record or reprehensible behaviour; the actual compatibility between two Members; the safety of a meeting; the course or outcome of a sporting activity; a Member's physical fitness; or the absence of material, physical or non-material damage during a meeting or activity organised by Members.

20.3 Extent of compensation

Should bpm be held liable for a breach of these Terms, the compensation owed by bpm is limited to the direct and personal damage actually suffered by the Member. Where the Member acts as a consumer, no provision of these Terms has the purpose or effect of removing, reducing or capping the compensation to which they are entitled under the law. Where the Member does not act as a consumer, the total amount of compensation owed by bpm for the same event or a series of related events is capped at the amount actually paid by that Member to bpm during the twelve (12) months preceding the event giving rise to the damage.

20.4 Mandatory provisions

No provision of this article shall have the purpose or effect of excluding or limiting any liability that the law prohibits from being excluded or limited, in particular in the event of fraud, gross negligence by bpm, or harm to life or physical integrity directly attributable to bpm.

Article 21 — Member's liability

The Member is responsible for their use of the Service and their relationships with other Members, in particular for the information they share, the Content they publish, their messages, their interactions, their suggestions to meet, their sporting activities, and their decisions and behaviour outside the Application.

Under the conditions of ordinary liability law, the Member is liable for the financial consequences (including reasonably incurred defence costs) of any claim or action by a third party arising from a breach of these Terms or from wrongful conduct personally attributable to them. No provision of this article has the purpose or effect of making the consumer Member liable for compensation exceeding the consequences of the breach personally attributable to them.

Article 22 — Evidence and technical data

Subject to the legal rules applicable to evidence, the data recorded by bpm in the course of operating the Service (connection data, technical data, usage history, Account information, reports, exchanges with support, operations carried out on the Service, information relating to subscriptions and payments, elements relating to security and moderation measures) may constitute evidence establishing the reality of the operations carried out on the Application. This data is kept and used in accordance with the Privacy Policy and the applicable retention periods.

Article 23 — Personal data

bpm processes certain personal data in order to provide and secure the Service. The conditions applicable to the processing of personal data are set out in bpm's Privacy Policy, which forms an integral part of the contractual framework applicable to the use of the Service. The Member is invited to read this Policy before using the Service.

Article 24 — Reporting illegal content and complaints

bpm puts in place the reporting and handling mechanisms required by the regulations applicable to digital services, in particular the DSA. Anyone may report content they consider illegal using the mechanisms provided by bpm. Reports must be sufficiently precise and substantiated to allow them to be examined. Where a restriction or suspension measure is taken against a Member or a piece of Content, the Member may, under the conditions laid down by applicable regulations, use the complaint or appeal procedures available to them at [email protected].

Article 25 — Changes to the Terms

bpm may amend these Terms, in particular to take account of legislative or regulatory changes, ensure the security of the Service, prevent fraud or abuse, develop features, take account of technical changes, improve or clarify the contractual provisions, or adapt the Service to its commercial development.

The Member is informed of substantial changes within a reasonable time and by appropriate means (notification in the Application and/or by email) before they come into force. Where a substantial change is incompatible with the continuation of the contract for the Member, the Member may, before the change comes into force, stop using the Service and delete their Account free of charge. Continuing to use the Service after the new Terms come into force constitutes acceptance of them, subject to the Member's mandatory rights.

Article 26 — Complaints

Any complaint must first be sent to bpm at [email protected] or by post to: bpm, 24 bis rue de Téhéran, 75008 Paris, France. bpm endeavours to respond within a reasonable time.

Any dispute that could not be resolved amicably will be submitted to the competent courts in accordance with Article 27.

Article 27 — Governing law and jurisdiction

These Terms are governed by French substantive law. In the event of a dispute, the parties are invited to seek an amicable solution first, without this step affecting the rights the Member holds under the law. Where the Member acts as a consumer, the mandatory rules of jurisdiction applicable to them remain reserved. In all other cases, and subject to applicable mandatory provisions, the competent courts shall be those of Paris.

Article 28 — Confidentiality of exchanges in the event of a dispute

The parties may agree to handle their exchanges relating to a complaint or dispute amicably and confidentially. However, this obligation shall not prevent a party from exercising its rights, bringing a matter before a court or an administrative or judicial authority, consulting a lawyer or any other professional bound by a duty of confidentiality, producing the elements necessary to defend its interests, or making any report required or authorised by law.

Article 29 — Miscellaneous

29.1 Severability

If any provision of these Terms is declared void, unlawful or unenforceable, the other provisions shall remain in force to the extent permitted by applicable law.

29.2 No waiver

bpm's failure to exercise immediately a right provided for in these Terms shall not be interpreted as a waiver of that right.

29.3 Entire agreement

These Terms constitute the entire agreement between bpm and the Member regarding the use of the Service, subject to the specific terms applicable to certain features and the documents to which they expressly refer.

29.4 Assignment

bpm may assign or transfer these Terms and the resulting contract as of right, in particular in the context of a merger, sale of business, restructuring or change of control, without the Member's prior consent being required, provided that the assignee takes over bpm's commitments under these Terms. The Member may not assign or transfer their Account or the rights arising from it.

29.5 Governing language

If these Terms are translated into another language, only the French-language version shall prevail in the event of any difference in interpretation.

29.6 Notifications

Any communication sent by bpm to the Member (notification in the Application, email to the address provided by the Member) is deemed received on the date it is sent. It is the Member's responsibility to keep their contact details up to date.

29.7 Post-mortem instructions

In accordance with Article 85 of French Law No. 78-17 of 6 January 1978, as amended, the Member may set instructions regarding the retention, erasure and communication of their personal data after their death. These instructions may be sent to bpm under the conditions set out in the Privacy Policy. In the absence of instructions, the Member's heirs may exercise certain rights under the conditions provided for by law.

29.8 Specific provisions for applications downloaded from the App Store

These Terms are concluded between bpm and the Member only, and not with Apple Inc. or its subsidiaries ("Apple"). bpm is solely responsible for the Application and its content. Apple has no obligation whatsoever to provide maintenance or support services for the Application. In the event of any failure of the Application to conform to any applicable warranty, the Member may notify Apple, which may refund the purchase price of the Application, if any; to the maximum extent permitted by applicable law, Apple has no other warranty obligation. bpm is solely responsible for any claims by the Member or a third party relating to the Application, including product liability claims, claims that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or intellectual property legislation. The Member represents that they are not located in a country that is subject to a United States embargo or that has been designated by the United States government as a "terrorist supporting" country, and that they are not listed on any United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against the Member.

Article 30 — Contact

bpm can be contacted:

• by email: [email protected];
• by post: bpm, 24 bis rue de Téhéran, 75008 Paris, France.