Terms of Service

Definitions

Application: The Jonna application, available on the Apple App Store and the Google Play Store.

Account：The Member’s dedicated personal area within the Application, which he or she accesses when he or she registers and connects to the Application. It enables the Member to access the Services. A Member may only have one Account.

Geographical position：your location, recorded by Jonna and updated regularly when this option is enabled.

Chat：a function that sends a notification to the Member to whom you address it, and which also enables you to send him or her a private, personalized message to start a private conversation.

Member: A person registered with the Application.

Sharing experiences：Sharing your experiences, both work-related and personal, can lead to receiving help and answers in your professional life. By sharing your own firsthand experiences, you can gain resonance with more people and expand your network.

Profile Photos: photos on your profile enabling the easy identification of the Member. The Member accepts to, at the very least, provide a photo of his or her face in which he or she is clearly recognizable, and place it in first position. These two criteria combined are an essential condition for using the Services.

The TOS define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the Member and Jonna.

These Terms of Service (TOS) determine the main rules of use for the Application. They are supplemented by additional policies – the Privacy Policy in order to provide the Member with clearer guidance on how to use the Application. In the event of a conflict between the various policies making the rules inaccessible, unintelligible and/or unpredictable, these TOS shall prevail over the Privacy Policy.

Should any provision of these TOS be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TOS become distorted, or the obligations of the parties significantly thrown out of balance.

Jonna reserves the right, unilaterally and at any time, to add to or amend these TOS as it sees fit or to terminate the Services.

The Member will be informed of updates to the TOS via the Application and/or by email sent to the address provided by the Member. It is the Member’s responsibility to ensure that this email address is valid.

It is the Member’s responsibility to carefully read the updated TOS and to be fully aware of any changes ensuing from said updates.

Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates.

Should the Member not agree with changes made to the TOS, he or she can terminate the service and delete his or her account.

These TOS shall be governed by French law, exclusive of its conflict of laws rules.

In the case of dispute, the Member agrees to contact Jonna directly in writing (by email or letter, to the email or postal address provided in article 15 hereof) prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.

Any challenge or dispute related to the formation, interpretation, performance or expiry of these TOS or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts of HongKong.

The Application is available on the Apple and Google official download platforms . It can be downloaded free-of-charge from the Apple App Store and the Google Play Store, on iPhones running version iOS 10 or higher, and Android Smartphones running version 5 or higher.

Provided that the required conditions for Member status are met, Jonna shall assign the Member a personal Account, which includes:

The Member must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date.

- via a cell phone number: in this case, no information on the Member may be automatically retrieved and it is his or her responsibility to supply personal information such as first and last name, sex, date of birth as well as other additional information if desired and one or more personal photos at the time of registration.

- Via Apple or Google Sign in: it is the Member’s responsibility to provide information relating to him or her, such as first name, last name, gender, date of birth, and other additional information if he or she wishes. The Member must also provide one or more photos of himself or herself when registering.

Upon registration, the Member accepts these TOS and the Privacy Policy and agrees to fulfill his or her obligations, and particularly those set out in the Member Code of Conduct defined in Article 8 of these TOS.

Jonna is a platform for real-time sharing of work and life experiences, where you can find like-minded friends or receive understanding and help. You can post about the interpersonal difficulties or professional content issues you encounter at work, and once posted, other users will see the content and respond or discuss it. The hope is to meet someone who understands you or can solve your problems.

Each member is free to chat with other members and draw and converse together, but must comply with the terms of service and the law.

Some of Jonna’s services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TOS, including:

• Confidentially reporting all Members whose conduct is contrary to the TOS or applicable law.

Charged services provided via the Application are available to Members after purchasing a Pack or a Jonna subscription, the conditions of which are set out in article 9.

Jonna is very concerned with the protection of your personal data and the respect of your privacy. We suggest that you read our Privacy Policy and to better understand how we process your personal data, available by clicking on the following links:

Jonna agrees to provide the infrastructure and technical resources to provide a high-quality service to Members with an iPhone device running operating system version iOS 10 or higher, an Android Smartphone running version 5 or higher.

Jonna cannot be held liable for any operating fault on the Member’s device or for any compatibility issue between the Application and the device.

In addition, every effort is made to ensure that the risks of fraudulent access to Jonna’s system are minimized. In this respect, Jonna uses a firewall or equipment located between the Internet and the company’s private network, in order to make its security more robust by filtering traffic to and from the internet. It is, however, impossible to fully guarantee the security of a network.

Jonna is not responsible for any failures, interruptions or poor performance of the Member’s internet provider Services, or for any cause beyond Jonna’s control which might interrupt or have an adverse effect on access to Jonna Services.

The Member must have access to a secure email account. If such a precaution is not taken, or even if it is, while this probability remains low, the Member’s Account may be vulnerable to fraud.

Jonna shall also endeavor to avert Members of any exceptional risk of receiving spam Messages or Messages claiming to have been sent by Jonna. The Member must be attentive and vigilant in order to avoid being the victim of scams and report any of the above circumstances to Jonna by sending a letter or email to the address provided in Article 15 hereof.

Jonna and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:

• An infringement of personal rights, such as image rights and the respect of the right to privacy.

• Any such behaviour may result in the suspension or termination of these terms and conditions of use in accordance with Article 15.4 herein.

As a hosting provider and pursuant to Article 6.I-7 of the French Trust in the Digital Economy Act of June 21, 2004, Jonna has no legal obligation to monitor the content sent or stored via the Application.

However, according to Article 6.I-3 of this law, as a hosting provider, Jonna must set up a reporting and community moderation system in order to report some unlawful, abusive and prejudicial content.

In such case and after due verification by Customer Service, Jonna commits to promptly remove the said content.

Pursuant to Article 6.I-5 of the French Trust in the Digital Economy Act: the knowledge of illicit content is deemed effective when the hosting provider is notified of following:

• A description of the disputed facts and their precise location (with the option of attaching screenshots of the disputed content);

• As well as the reasons for content removal, including the legal provisions and factual evidence;

• a copy of the correspondence sent to the author of the disputed content requesting its removal or modification, or proof that the author could not be contacted;

• as well as a statement confirming that the notifier believes they are acting in good faith and that the information is accurate and complete.

Jonna has therefore equipped the Application with a reporting and community moderation system, allowing Members to report the content described in Article 6.I-7 of the French Trust in the Digital Economy Act if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.

Guided by an extremely strict professional ethic and refusing any association with violent or insulting Members as well as unlawful, abusive or prejudicial content, Jonna’s team takes this reporting procedure very seriously, which may also be implemented in the case of statements contrary to accepted social etiquette.

Hence, when the content published by a Member is reported, the transmitter’s account can be suspended or terminated according to the conditions set forth in Article 14.4. This decision is based on the proof given by the report’s author and is made in order to ensure the withdrawal of the content in compliance with Jonna’s legal obligations.

The Member having originally published the reported content will in no case be informed of the identity of the report’s author.

Outside the scope of this reporting system, the Member can decide to block another Member whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her (mutual prevention of access to Likes, SuperCrushs, Messages and voice messages that have been sent in the past and of sending any messages in the future, or being alerted of the presence of a Member who has been blocked, particularly if they think this Member is bothering them in one way or another). This action is confidential and enables Members to control the Members with whom they want to keep in touch or not.

• On an iPhone: at the top right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

• On an Android Smartphone: at the top right of the Member’s profile photo, and at the top right of the conversation with the Member in question;

Should content be published that was reported and that may be seen as a violation of law or regulations, the Member who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.

The reporting system put in place by Jonna does not replace any complaint and judicial procedure against a Member who authored the reported content.

Any misuse of the community moderation system or any unjustified reporting of a Member shall be considered a breach of these TOS, and penalties may be imposed including Account suspension/termination, pursuant to Article 15.4 « Suspension/Termination of the Account by Jonna in the event that a Member violates the terms and conditions of use » of the TOS, besides application of penalties pursuant to Article 6.I-4 of the French Trust in the Digital Economy Act or even legal proceedings, under which damages may have to be paid to victims.

In addition, in accordance with its Privacy Policy, Jonna puts measures in place to support its Members' peace of mind and security on the Application.

Any use of Jonna Services to organize a group meeting of its Members constitutes a misuse of the Service. This is why using the Application to plan or organize a demonstration in a public place is strictly prohibited. Should such a meeting take place, Jonna may not be held liable in the case of a public order offense or any damage caused by such meeting.

• Must be an adult as specified by French law (minimum of 18 years old on last birthday).

• Must have honestly and truthfully filled out the Apple profile information or directly in the Application in the case of registration via a cell phone number via Google Sign in, or via the Jonna Webapp. The Member must have provided the first name, sex and date of birth shown in his or her personal information.

• Must agree to regularly update the information provided when accessing his or her Account from the Application.

• Must have read these TOS and have accepted them when confirming his or her registration.

Jonna does not have a legal obligation or the technical resources to verify the identity and age of Members. However, in the event of any doubt or cause for suspicion, or following the use of the “report” feature by a third party pointing to identity theft or fictitious or incorrect information, Jonna shall conduct an investigation as quickly as possible and may correct the information provided where necessary without misrepresenting the Member’s profile.

For the duration of the investigation, Jonna reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send a copy of an official ID. The Member will be informed of the suspension of his or her Account via the application and/or by email to the address given by the Member pursuant to Article 14.4 hereof.

Should the Member be unable to provide said proof, or in the case of a proven offense under these TOS, Jonna may terminate the Account of the Member in question in accordance with the conditions set out by Article 14.4 hereof.

The Member agrees to have only one single account. Failing that, Jonna may delete the additional accounts, under the conditions described in article 14.4 hereof.

• Only post photos and/or profile information that allow a Member to be easily identified, and at the very least, in first position, one Profile Photo as previously defined, meaning one in which your face can be recognized clearly, these two criteria comprising a fundamental condition for using the Services, excluding photos and/or information in which third parties or items with no connection to the person or Member appear, such that Jonna reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.

• Refrain from posting any confidential information about others such as financial data.

• Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.

• Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages to third parties.

• Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.

•Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.

• Refrain from infringing upon accepted etiquette and standards of politeness with other Members.

• Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.

• Refrain from changing, copying, assembling, decompiling or otherwise attempting to use the Application’s source code, algorithms or software as well as those of Jonna’s partners, for any purposes other than those provided in these TOS, especially for reverse engineering.

• Refrain from using robots or tools other than those provided by Jonna when using the Application to contact other Members.

• Refrain from using the Application to arrange professional services (escort or other similar services).

• Refrain from approaching other Members with the aim of promoting paid services or products.

• Refrain from disclosing his or her login information to other Members, particularly the user name and password to his or her Account.

• Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.

• Refrain from using the Application to organize gatherings or demonstrations.

The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the Jonna application.

Furthermore, in the event of obviously abusive or excessive behaviour by the Member, especially if it is repeated and/or unfounded, with the intention of using the paid Services offered on the Application for free, Jonna reserves the right to suspend the Member's Account under the terms of Article 15.4 of these terms and conditions of use.

• Refrain from transmitting or exchanging fixed and/or animated content of an offensive, sexually explicit, illegal, dangerous, violent, bullying, disrespectful, defamatory or threatening nature;

(iii) for the promotion, encouragement or facilitation of any illegal activity or activity violating the rights of a third party (including, but not limited to intellectual and industrial property rights, right to privacy and to personality);

(iv) to attempt to circumvent the feature’s safety measures or to use the feature for purposes other than the ones it is intended for, i.e., calling and communicating with your Crush spontaneously via video call for a limited duration.

The Member agrees to use the Application solely for personal use. The Jonna network must not be exploited for commercial, promotional, electoral or recruitment purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the Jonna inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of Jonna’s competitors.

The Member is only liable for his or her own actions and for the data that he or she publishes via the Application.

Should Jonna be held liable for any failure by the Member to comply with its obligations, the Member shall hold Jonna harmless against any conviction made against it regarding the Member’s infringement of the law or of these TOS.

The Member may report unlawful content which violates French law or these TOS using the moderation tools provided by the Application in accordance with Article 7.3 hereof.

All photos of a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered a serious offense which can lead to the suspension and/or termination of the Member’s Account under the terms of Article 14.4 of these terms and conditions of use, in addition to any other penalties that may be imposed by the courts.

The Member must regularly consult his or her inbox and notifications, which Jonna will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member’s email address obtained through Facebook Connect or directly provided by the Member when registering with a cell phone number, or via Apple, Google Sign in, or via the Jonna Webapp.

The Member may access the Services of his or her Account by connecting to the Application using a confidential user name and password. The Member is solely responsible for his or her login information and must ensure that no third party may access them. In particular, the Member shall specifically hold Jonna harmless against any communication, use or declaration made using his or her Account.

The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member. The Member is solely responsible for the hardware used to access the Service.

Subscribers Members have access, in addition to free services, to additional services reserved for subscribers.

Subscription offers allow access to Jonna Premium for a period corresponding to that of your subscription.

For eligible members, a promotional offer for a Jonna subscription may be offered when the Member registers. This offer is valid for a limited period indicated in the offer. This offer is personal and valid only for first-time Jonna subscribers and only once per Apple or Google Play account, depending on your device.

Payment is due for the entire period of subscription at the time when the Jonna contract is concluded.

Payment via your App Store or Play Store account. Payment is processed and managed by the Apple App Store or Google Play Store depending on your device.

Jonna has no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations. Consequently, the Apple App Store and Google Play Store alone are liable for their payment terms and processes.

This is why Jonna has no control over reimbursement of your purchase. Any requests related to payment must be sent to your Store.

Jonna does not collect any banking information. Your bank details are collected and processed directly by Apple or Google and remain outside of Jonna’s control.

Payment by debit card. Payment by debit card is possible on the Web Application and the Mobile Application on Android. It is managed via the Stripe payment platform. Any request relating to payment via the Web Application must be addressed to Jonna's customer service department.

Jonna does not collect any banking data. Your bank details are collected and processed directly by Stripe.

If the Member chooses to take out a Jonna subscription, he/she will be bound from the date of subscription. The Jonna access contract is binding between the parties from the date of its conclusion and for the duration of the chosen subscription period. In the event of termination by the Member before the end of the subscription period, the sums paid to Jonna for this period will be forfeited and will not be returned to the Member.

Subscriptions are automatically renewed by default, unless the Member cancels using the dedicated function on the platform on which the Member has taken out the subscription (on the Apple App Store, the Google Play Store or the Application), which have a function enabling all subscriptions with application providers to be cancelled 24 hours before the previous subscription expires.

In the event of renewal of the subscription, and on receipt of automatic payment from your Store, Jonna will validate your purchase and update your account, giving you access to Jonna for a period corresponding to the amount received.

If you wish to circumvent this automatic renewal at the end of the subscription term set up by the Stores, you must deactivate it.

In the event of breach of the TOS or a legal provision by the Member, Jonna has the right to terminate the contract, effective immediately and without prejudice. Jonna is not required to justify its decision to terminate to the Member.

Premium Member by Jonna may only be used for the term during which the Account remains active, in compliance with the TOS.

The Member may receive push notifications through the Application to notify him or her of important events, including but not limited to:

The Member may change his or her push notification preferences through his or her Account settings.

The original works provided by Jonna are exclusively owned by Jonna. Jonna holds all of the related rights.

Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without Jonna’s prior, express and written authorization, and may give rise to legal proceedings.

These original works are protected by Articles L335-3 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle) currently in force in France, and this protection is international.

The usage rights granted by Jonna to the Member are restricted to private and personal use. Any other use by the Member is prohibited without Jonna’s prior, express and written authorization.

The Member grants Jonna and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component and personality rights (including rights of image, name, and voice) (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members.

Jonna shall use this license in a manner which complies with image rights, respect of personality attributes, and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the Member’s profile and therefore in keeping with this profile. This license permits Jonna to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these TOS between the Member and Jonna.

The Member shall retain ownership of any content and personal data that he or she provides.

The Member shall hold Jonna harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The Member shall hold Jonna harmless against any claims or damages which may result from it including, but not limited to, requests for compensation.

As part of the Profile recommendation service, the Member grants Jonna the same rights and guarantees of use as described in the aforementioned license. This is to enable the sending of the indicative selection of three profiles to other Members via the Application and via an editorial or themed newsletter sent by email. It should be noted that this list of recommendations may be different to the one the Member may find in their Profile on the Jonna Application as Profiles are continuously refined based on their relevance and status.

It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. Jonna reserves the right, in this case, to serve a writ on the Member in question in view of obtaining compensation for the injury caused by the Member.

Additionally, the Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties.

The Member may deactivate his or her Account without notice through the Application if he or she no longer wishes to be visible on it.

• The Member’s profile will be made invisible to other Members in the past, present and future.

• In the event of an Account being reactivated during the one-year period following the closure of the Account, the details kept will be reallocated to the profile, which will be visible again.

The Member may uninstall the Application from his or her cell phone at any time without notice. Consequently, the Member shall have no further access to the Application unless he or she downloads it again.

• The uninstallation of the Application does not delete the Member’s Account. It is therefore recommended to delete your Account on the Application before uninstalling it.

• The uninstallation of the Application has no incidence on the legal obligation for data retention.

• In the event of the Application being re-downloaded during the one-year period following the uninstallation of the Account, the details kept will be reallocated to the profile, which will be active again.

The Member may decide, at any time and without notice, to permanently delete his or her Account using one of the following means:

By deleting it of his or her own accord from the Application, by going to the Settings of the application > Delete my account.

By sending a letter or email to Jonna, whose postal address and email address are shown in Article 15 hereof.

Should the Member wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.

• The Member’s data shall be retained for one year as of this date, as regards in particular the legal obligations incumbent upon Jonna in accordance with the terms set out by Article 9 of the Privacy Policy, and shall be permanently deleted thereafter.

In case of breach of TOS by the Member, his or her account can at any time and after prior warning be suspended as a safeguard measure for a reasonable period of time and then terminated as of right by Jonna.

Jonna will be entitled to suspend a Member’s account as long as necessary to allow Jonna’s customer service team to make all investigations necessary following the report as required by Article 7.3 hereof or in case of presumed breach of TOS which may be remediated.

In its decision to suspend the Account, Jonna will consider the seriousness of the violation and whether it is repeated or isolated. For example, in the event of suspension following misuse of the service, i.e. frequent supply of obviously illicit content and frequent and manifestly unfounded notifications and complaints, Jonna will consider :

the volume of obviously illicit content/notifications or obviously unfounded complaints;

the relative proportion of these items in relation to the total number of items supplied or notifications submitted;

The Member is invited to contact Jonna customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated. Members may also turn to the internal complaints handling system set up by Jonna.

If within 30 days following the notification of the account suspension, the Member has not contacted Jonna customer service, or if the elements given by the Members did not help to remedy the breach, Jonna will be entitled to notify the Member of termination of his or Account via the Application and/or by email and inform the Member of the period in which he or she cannot re-register for the Application. Unless stated otherwise, the duration of such removal is set at 1 year from the notification of termination of the Account.

• The remaining SuperCrushs or Boosts, in the Member’s Account on the day the Account is terminated shall be definitively deleted without the possibility to claim any reimbursement.

The Member will not be able to create another account for a maximum 1-year period from the notification of the Account termination.

An account is considered inactive if after a continuous period of one year, both of the following conditions are met:

• The Application of the Member did not establish contact with Jonna’s servers (including because of deactivation of the geolocation process); and

• The Member has not used the Application. In any event, the Account of a Subscriber Member is not considered inactive.

The Member will be informed by email sent to the address given in the Application of the deletion of his or her account subject to prior notice of eight (8) days.

During the period of notice, the Member may reactivate his or her Account, which results in the suspension of the termination procedure. All content from the Member’s profile will then be preserved.

At the end of the period of notice and in the absence of a contrary intention expressed by the Member, the Account will be automatically deleted by Jonna.

The Member will not be able to reactivate nor request reactivation of his/her old Account.

If you have any questions regarding this privacy policy, or any other request concerning your personal data, you can contact Dating with friends company Limited by:

either Jonna nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.