Terms of use and sale

1.1Publisher

The moodboom application is published by moodboom sàrl, business identification number CHE-324.545.220, Sur Charmont 61, 1644 Avry-devant-Pont, Switzerland — info [at] moodboom.ch

1.2Purpose of moodboom

moodboom is an application dedicated to events and shared moments. It enables users in particular:

• to create an event;
• to invite other people, in particular by means of a link or a QR Code;
• to consult the information relating to an event;
• to indicate their participation;
• to share photos, videos, comments and reactions during an event;
• to consult the content to which they have access and, depending on the plan they hold, to download the complete Album associated with a Memory;
• to consult, after the event, a Memory bringing together content linked to it;
• to access various features depending on the applicable Free, Plus or Pro plan.

1.3Acceptance of the Terms

By creating an Account or using the Application, the User acknowledges having read these Terms and undertakes to comply with them.

Where a paid plan is subscribed to, the commercial conditions displayed at the time of the order supplement these Terms.

moodboom's Privacy Policy forms part of the documentation applicable to the use of the Service.

3.1Free creation of the Account

The creation of a moodboom Account is free of charge.

It gives access to the features included in the Free plan. Certain additional features may require the subscription to a Plus or Pro plan.

On registration, moodboom may in particular request:

• a username;
• a telephone number;
• the information necessary for the authentication of the Account;
• certain optional information making it possible to personalise the profile.

3.2Age and legal capacity

The creation of a moodboom Account is reserved for persons aged 16 or over.

This threshold constitutes a condition of access to the Service defined by moodboom, taking into account the rules applicable to the protection of minors and of their personal data in Switzerland and in Europe.

Users under 18 years of age remain subject to the rules relating to the legal capacity of minors laid down by the law applicable to them.

Where the authorisation of a legal representative is required in order to perform a legal act, in particular in order to subscribe to a paid plan, the minor User must have obtained that authorisation.

moodboom may take the measures reasonably necessary in order to verify compliance with these conditions.

3.3Security of the Account

The Account is personal.

The User is responsible for protecting the means of accessing it, in particular their phone and any associated code or authentication mechanism.

Any unauthorised use or suspected compromise of the Account must be reported to moodboom as soon as possible.

3.4Technical access

The use of moodboom requires in particular a compatible device and a connection to the Internet.

The costs relating to the device, to the Internet connection or to the telecommunications services used remain borne by the User.

3.5Deletion of the Account

The User may request the deletion of their Account by the means offered in the Application or by contacting moodboom.

The deletion of the Account results in the deletion of their personal access rights, settings and of the data necessary for the operation of their active Account.

Memories and Albums are, however, collective spaces attached to Events and not to an individual Account.

Where a User deletes their Account, the items already incorporated into a Memory or into an Album are fixed in the state in which they were at the time of the deletion. This may in particular concern:

• the User's username;
• their profile picture;
• the photos and videos they have shared;
• their comments;
• their reactions.

4.1Creation of an Event

A Host may create an Event and provide the information necessary for its organisation, in particular its name, image, place, date or time, depending on the features available.

The Host is responsible for the information they communicate to Participants.

moodboom does not systematically verify the accuracy of the information published in the Events created by Users.

4.2Events private by default

Events are designed to be private by default, except where a feature or a setting clearly indicates otherwise.

Access to an Event may in particular be shared by means of a Link or a QR Code.

The Host must take into account the fact that an Invitation communicated to another person may technically be forwarded. moodboom cannot guarantee the confidentiality of a Link or of a QR Code where it is circulated outside the circle intended by the Host.

Users are asked not to forward an Invitation where this has not been intended by the Host.

4.3Participation

Participants may, depending on the features available, respond to an Invitation in particular with "Yes", "Maybe" or "No".

A response given in the Application constitutes information intended to facilitate the organisation of the Event. It does not, on its own, constitute a contractual undertaking to take part in it.

4.4Live

During the period in which the Live is available, Participants may in particular publish photos, videos, comments and reactions.

User content is visible to the Participants authorised to access the Event, in accordance with the features offered by moodboom.

Each User remains responsible for the content they publish.

The download of photos and videos takes place in the context of the Album associated with the Memory, in accordance with the conditions laid down in these Terms.

4.5Rights in photos, videos and other content

The User retains the rights they hold in the photos, videos and other content they publish in moodboom.

By publishing User content in an Event, the User authorises moodboom, to the extent necessary for the operation of the Service:

• to store the content;
• to process it technically;
• to display it;
• to reproduce it technically;
• to incorporate it into the Live, into the Memory and into the Album;
• to make it accessible to authorised Users;
• to incorporate it into the complete Album that may be downloaded by Users whose plan gives access to that feature.

4.6Respect for the rights of the persons depicted

Before publishing a photo, a video or any other information concerning another person, the User must ensure that they hold the necessary rights or authorisations.

It is for the User in particular to comply with:

• the right to one's own image;
• privacy;
• personality rights;
• copyright and other intellectual property rights;
• any applicable confidentiality obligations.

4.7Prohibited content

It is in particular prohibited to use moodboom in order to publish, transmit or circulate content that:

• is contrary to the applicable law;
• unlawfully infringes the rights or the privacy of a third party;
• is defamatory;
• is threatening or constitutes harassment;
• is hateful or discriminatory;
• glorifies violence or unlawful activities;
• infringes copyright, trade marks or other intellectual property rights;
• is fraudulent or misleading;
• is intended to impersonate another person;
• comprises content of sexual exploitation or abuse, in particular concerning minors;
• contains malicious software or is intended to disrupt the Service.

4.8Reporting and removal

moodboom may make available means of reporting problematic content or behaviour. A report may also be sent to info [at] moodboom.ch

moodboom may remove content or render it inaccessible where there are reasonable grounds to consider that it infringes these Terms, the applicable law or the rights of a third party.

The Host of an Event does not acquire, by the mere fact of being a Host, any ownership right in the User content published by Participants.

4.9Memory and Album

After an Event, moodboom may create a Memory from the content that was shared in it.

The Memory constitutes a collective space linked to the Event. It does not belong to any particular Account or User and its retention does not depend on the continued existence of an individual Account.

Depending on the features available, the Memory may in particular comprise:

• the Participants in the Event;
• their usernames and profile pictures as they appeared in the Event;
• the photos and videos shared;
• the comments;
• the reactions;
• the other items incorporated into the Memory by the Service.

5.1Plans

moodboom may offer in particular a Free plan, a Plus plan and a Pro plan.

The features, capacities, limits and prices of each plan are those presented in the Application or on the moodboom website at the time of subscription.

moodboom may change the composition of the plans for future subscriptions, subject to the rights applicable to subscriptions already in progress.

5.2Pro plan and Organisations

Certain Pro features may be subscribed to or used on behalf of an Organisation.

The person who subscribes to a plan or administers a space in the name of an Organisation confirms that they hold the powers necessary to act in its name.

5.3Prices

The applicable prices are those indicated at the time of the order.

The currency, the periodicity, any applicable taxes and the main characteristics of the subscription are presented before the purchase is confirmed.

5.4Payment

Depending on the subscription channel used, the payment may be processed by moodboom or by a third-party provider, in particular an app distribution platform or a payment provider.

Where the payment is made through a third party, that third party's payment conditions may also apply.

moodboom does not necessarily receive the complete data of the card or means of payment used.

5.5Renewal

Where a plan is offered in the form of a renewable subscription, the periodicity and the renewal mechanism are indicated before subscription.

Unless otherwise indicated at the time of purchase, a renewable subscription continues until it is terminated in accordance with the terms of the channel through which it was subscribed to.

5.6Termination

The User may terminate a subscription in accordance with the terms indicated in the Application or by the platform with which the subscription was taken out.

Unless a mandatory provision provides otherwise or a different indication is given at the time of subscription, termination takes effect at the end of the period already paid for.

Deleting the Application from a phone does not necessarily constitute a termination of the subscription.

5.7Change of plan and retention of content

Where a User moves to a higher plan, the new features are activated in accordance with the conditions applicable to that plan.

Where a User moves to a lower plan and certain features or certain content are no longer available under that plan, the items concerned may become inaccessible or be placed in archive.

Moving to a lower plan does not result in their deletion.

Archived items are retained and may be made accessible again if the User subsequently subscribes to a plan giving access to the corresponding features.

Memories and Albums are subject to the specific retention rules laid down in article 4.9 and are not deleted by the mere fact of a change of plan or of the deletion of a Participant's Account.

5.8Refunds and right of withdrawal

Subject to any mandatory statutory provision, any specific rule displayed at the time of purchase or any applicable policy of the provider with which the subscription was taken out, subscription periods that have already begun do not automatically give rise to a right to a refund.

Where the purchase was made with a third-party platform, a refund request may have to be addressed directly to that platform.

The mandatory rights enjoyed by the User under the law applicable to them remain reserved.

5.9Change of prices

moodboom may change the price of its plans.

A change affecting the renewal of an existing subscription is communicated in accordance with the applicable law and with the rules of the subscription channel concerned before it takes effect.

6.1moodboom's rights

The Application, the moodboom name, the logos, graphic elements, interfaces, editorial texts, software, databases, technical developments and other elements created or exploited by moodboom are protected by the applicable intellectual property rights.

The use of the Service does not entail any transfer of those rights to the User.

Except with express authorisation, it is in particular prohibited to reproduce, copy, modify, extract, decompile or commercially exploit all or part of the Service otherwise than as permitted by law.

6.2Ownership of User content

Users retain their rights in the content they publish in moodboom.

Neither moodboom, nor the Host of an Event, nor the other Participants become the owner of a photo, a video or other content merely because it has been shared or downloaded in the Application.

6.3Licence granted to moodboom

In order to provide the Service, the User grants moodboom a non-exclusive and free-of-charge authorisation, limited to what is necessary in order:

• to host and store the content;
• to process it technically;
• to convert or adapt it to the formats necessary for the operation of the Application;
• to display it to authorised persons;
• to allow its sharing in the Event concerned;
• to incorporate the content into the Album of the Event and to allow the download of that complete Album by Users whose plan gives access to that feature;
• to generate the Memory and make it accessible;
• to ensure the backing up, the security and the technical operation of the Service.

6.4Download of the Album

Users holding a paid plan giving access to this feature may download the complete Album associated with a Memory to which they have access.

The Album may in particular contain the photos and videos shared by different Participants during the Event.

A User who downloads an Album is authorised to keep a copy of it and to use it for personal or private purposes linked to the Event.

This download:

• does not transfer ownership of the content;
• does not transfer copyright;
• does not automatically authorise commercial use;
• does not automatically authorise public publication or redistribution to third parties.

6.5Promotional use by moodboom

moodboom does not use private User content in order to promote moodboom commercially outside the Service without holding the necessary authorisations from the author of the content and, where this is required, from the persons depicted.

6.6Infringement of rights

Any person who considers that content available in moodboom infringes their rights may contact info [at] moodboom.ch

The request must make it possible to identify the content concerned and the nature of the right invoked.

7.1Prohibited uses

It is in particular prohibited:

• to divert the Service from its purpose;
• to access or attempt to access a third party's Account without authorisation;
• to impersonate a person or an Organisation;
• to harass or threaten other Users;
• to use moodboom in order to commit fraud;
• to collect information about Users on a massive scale without authorisation;
• to circumvent the security mechanisms or the technical limits of the Service;
• to introduce malicious software;
• to disrupt, overload or attack the technical infrastructure of moodboom;
• to use unauthorised automated means in order to extract data or to interact with the Service.

7.2Measures taken by moodboom

In the event of an infringement of these Terms, of a risk to Users or to the Service, of a reasonable suspicion of fraud or where a legal obligation so requires, moodboom may in particular:

• warn the User;
• limit certain features;
• render content inaccessible;
• temporarily suspend an Account;
• delete an Account;
• take the technical measures necessary for the security of the Service.

7.3Consequences of a suspension or deletion

The suspension or deletion of an Account may result in the temporary or permanent loss of the User's personal access to the features of the Service.

The deletion of an Account does not result in the deletion of the information and User content already fixed in the collective Memories and Albums, in accordance with article 4.9.

Those items are no longer attached to an active Account but remain incorporated into the history of the Event.

The deletion of content from moodboom does not necessarily make it possible to delete the copies already present in an Album downloaded onto another User's device.

The obligations which, by their nature, must survive the deletion of the Account remain applicable.

8.1Availability

moodboom seeks to ensure a reliable and available Service, but does not guarantee permanent or uninterrupted availability.

The Service may in particular be temporarily affected by:

• maintenance;
• an update;
• a breakdown;
• a failure of a provider;
• a network problem;
• a security incident;
• an event beyond moodboom's reasonable control.

8.2Development of the Service

moodboom may modify or further develop the Service, in particular in order to improve its operation, its security, its usability or its features.

A significant change affecting a paid subscription in progress is dealt with in accordance with the contractual undertakings and the applicable law.

8.3Events organised by Users

moodboom provides a digital tool. Unless expressly indicated otherwise, moodboom:

• does not organise the Events created by Users;
• does not guarantee that they will take place;
• does not guarantee the accuracy of the information communicated by the Host;
• is not a party to the relationships that may exist between the Host and the Participants outside the Service.

8.4User content

Each User is responsible for the content they publish and for their conduct in the Service.

moodboom does not review all User content in advance.

8.5Limitation of liability

Within the limits permitted by the applicable law, moodboom is liable only for damage that is legally attributable to it.

moodboom cannot in particular be held liable for damage resulting exclusively:

• from a use contrary to these Terms;
• from the conduct of another User;
• from incorrect information provided by a Host or a Participant;
• from the unauthorised forwarding of an Invitation;
• from the use or circulation of content downloaded by a User in breach of the rights of others;
• from an interruption originating in the network, the device or a third-party service outside moodboom's reasonable control.

10.1Amendment of the Terms

moodboom may amend these Terms in order in particular to take account of:

• a change in the Service;
• a technical development;
• a change in the business model;
• a new legal or regulatory obligation;
• security needs.

10.2Partial invalidity

If a provision of these Terms were to be declared invalid or unenforceable, the other provisions remain applicable to the fullest extent permitted by law.

10.3Applicable law

These Terms are subject to Swiss law.

The mandatory provisions of another law that may be applicable to the User by reason of their status or their place of residence remain reserved.

The mandatory rules relating to jurisdiction, in particular those applicable to consumers, likewise remain reserved.

10.4Contact

For any question concerning these Terms: moodboom sàrl, Sur Charmont 61, 1644 Avry-devant-Pont, Switzerland — info [at] moodboom.ch