TERMS OF USE

Version 2.0 of July 27, 2026, replaces the version of April 19, 2026. English translation provided for convenience; only the French version is authoritative.

Preamble

These Terms of Use (the "Terms") form a contract between LBDC Organisation, a French simplified joint-stock company registered with the Annecy Trade and Companies Register under number 839 338 514, with its registered office at 5 rue de l'Industrie, 74000 Annecy ("Smatchy" or the "Publisher"), and any person using the Smatchy application (the "User"). Acceptance of the Terms is a prerequisite for any use of the Application.

1. Definitions

  • "Application": the Smatchy mobile application, available on the Apple and Google stores.
  • "User": any natural person of legal age (18 or older) using the Application.
  • "Activity": any sports meet-up or event organized through the Application.
  • "Content": any information, message, image or data shared by Users on the Application.

2. Acceptance and modification of the Terms

The User acknowledges having read and understood these Terms and accepts them when creating an account. Smatchy may update the Terms: any substantial change is brought to Users' attention and submitted for their express acceptance through a validation pop-up displayed in the Application when the Terms are updated. For professional Organizers, any change affecting their business conditions is additionally notified at least 15 days before it takes effect. A User who declines the new Terms may stop using the service and delete their account; acceptance through the validation pop-up constitutes agreement going forward.

Use of the Application by a minor is strictly prohibited. In the event of a false age declaration, Smatchy reserves the right to delete the account concerned, without notice or compensation, and to report any relevant fact to the competent authorities.

3. User obligations and responsibilities

3.1. Declaration of legal age and accuracy of information. The User certifies being 18 or older by ticking a box at sign-up. Smatchy does not systematically verify Users' age or identity; each User is solely responsible for the accuracy and truthfulness of the information they provide and is answerable for any false declaration.

3.2. Organizing and joining Activities. The Organizer of an Activity is solely responsible for its proper conduct, the safety of participants and compliance with applicable laws and regulations. Users take part in Activities under their own responsibility and declare that they have an adequate physical condition and, where appropriate, insurance cover. Activities must take place in public, safe locations; Smatchy recommends not taking part in an Activity if you sense danger, and reporting any suspicious behaviour immediately.

3.3. Groups and messaging. Smatchy does not carry out general monitoring of private exchanges and groups, but handles reports submitted to it as set out in section 5. Sharing sensitive personal data (phone number, address, bank details, etc.) via messaging or public profiles is prohibited; any such sharing is at the sole responsibility of the User concerned. Any illegal, defamatory or non-compliant Content must be reported to Smatchy, which may remove it and suspend the accounts concerned.

4. Smatchy's liability

Smatchy is a matchmaking service. Smatchy is responsible for providing the Platform as set out in these Terms; its liability can only be engaged in the event of a proven breach of its obligations.

Smatchy's liability does not extend to the actions, declarations and intentions of Users and third parties. In particular, Smatchy cannot be held liable for: inaccurate declarations by Users, notably as to their age or identity; offences, assaults, theft, dangerous behaviour or damage of any kind committed or caused by Users or third parties in connection with Activities or exchanges on the Application; Content published by Users; or the conduct of Activities, for which each Organizer remains solely responsible. Meetings between Users take place under their sole responsibility, in accordance with the safety recommendations of section 3.2.

Nothing in these Terms shall exclude or limit Smatchy's liability in the event of wilful misconduct, gross negligence attributable to it, or where the law prohibits such exclusion.

Force majeure. Smatchy shall not be liable for unavailability of the Application due to force majeure (major technical failure, cyberattack, natural disaster, strike, etc.) or any event beyond its reasonable control.

5. Reporting illegal content

Any User may report illegal content or behaviour through the Application's reporting feature or at support@smatchy.app. Smatchy acknowledges receipt of reports, handles them diligently and informs the reporter of the outcome. Point of contact under Regulation (EU) 2022/2065: support@smatchy.app.

6. Sanctions and suspension

Smatchy may suspend or delete an account in the event of a breach of these Terms, communicating the reasons for the decision to the User, except where a legal obligation, a serious or repeated breach, or User safety justifies immediate action. Smatchy may pass on any relevant information to the competent authorities in the event of suspected illegal activity. A User may contest a measure concerning them by writing to support@smatchy.app.

7. Account deletion

The User may delete their account at any time from the Application settings or by writing to support@smatchy.app. Deletion results in the erasure of data as provided in the Privacy Policy.

8. Intellectual property

All elements of the Application (texts, images, logos, algorithms, etc.) are the exclusive property of Smatchy or its partners. Any unauthorized reproduction, modification or use is prohibited and may give rise to legal action.

9. Personal data

Personal data is processed in accordance with Smatchy's Privacy Policy, available on the website and in the Application.

10. Complaints

Complaints may be sent to support@smatchy.app. Smatchy endeavours to respond within 30 days. This step does not deprive the User of any right to take action.

11. Mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, consumer Users may have free recourse to a mediator for the amicable resolution of any dispute with Smatchy, after first writing to support@smatchy.app. Designated mediator: the mediator attached to the Annecy commercial court, 19 avenue du Parmelan, 74007 Annecy, France.

12. Governing law and disputes

These Terms are governed by French law. For consumer Users, disputes fall within the jurisdiction of the competent courts under ordinary law; consumers may also bring proceedings before the court of the place where they resided when the contract was concluded. For professional Organizers, any dispute falls within the exclusive jurisdiction of the Annecy economic activities court.

13. Miscellaneous

Smatchy's failure to exercise a right under these Terms does not constitute a waiver of that right. If any clause is declared void or unenforceable, the remaining clauses remain in force. These Terms constitute the entire agreement between the parties on their subject matter. Only the French version is authoritative; the English version is provided for convenience.

14. Code of conduct

  • Respect other Users and safety rules.
  • Immediately report any suspicious or illegal behaviour to Smatchy.
  • Do not share your personal data with strangers.
  • Take part in Activities with due regard to your physical condition and the Organizer's instructions.

Smatchy, 5 rue de l'Industrie, 74000 Annecy, France, support@smatchy.app

Version 2.0 of July 27, 2026.

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