General terms and conditions of use (GTCU)
The purpose of these general terms and conditions of use (hereinafter referred to as the "GTCU") is to determine the rules governing the use of the 68° mobile application (hereinafter referred to as the "Application") published by 68 DEGRES SAS (hereinafter referred to as "68°"). By installing the Application on your terminal and/or by accessing the Application, as a visitor and/or user, you unconditionally and unreservedly accept the entirety of the GCU defined below. If you do not wish to accept these GCU, please do not access the Application. Any visit to and/or use of the Application must comply with these GTU.
Article 1. DEFINITIONS
Terms beginning with a capital letter in these GCU, whether used interchangeably in the singular or plural, shall have the meanings given to them below:
- "Application" refers to the 68° software application published and provided by 68°, giving access to the Services, which is available free of charge in Apple's "Apple Store" and Google's "Google Play Store" for download by the User on his Apple iOS and Android terminal. The Application also includes Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that make it up, as well as updates and new versions that may be made to the Application by 68°.
- Content" refers to, but is not limited to, the structure of the Application, graphic charters, brands, logos, acronyms, company names, as well as any other content present within the Application and/or any other element making up the Application.
- Services" refers to the various functionalities and services offered by the Application.
- "User" or "You" refers to an individual of legal age or a minor who has obtained prior authorization from his or her parents or guardian, and who has downloaded the Application for his or her own needs, for strictly personal and non-commercial use, without any direct or indirect profit-making purpose.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to give You access to information and services offered by 68°.
Several Services may be offered to the User and in particular:
- Creation and import of itineraries
- Turnkey tourist tours
- Search for addresses
- Reservation of accommodation, flights, cabs, etc.
- Consultation of news and tutorials
This list is not exhaustive and may be modified at any time by 68° without its liability being engaged in this respect by anyone.
Article 3. ACCESS TO THE APPLICATION
To access and use the Application, You must have a compatible phone or mobile terminal and access to the Internet. The Application can be downloaded free of charge from the "Apple Store" and "Google Play Store" platforms. The software version of the Application may be updated from time to time to add new functions and services.
Article 4. FINANCIAL CONDITIONS
The Application is offered free of charge to Users, excluding the cost of subscription to the mobile telephone operator, the cost of connection and access to the Internet network and any additional costs charged for loading data.
Article 5. APPLICATION OF THE GGU
The GCU are applicable to all Users of the Application and Services. By reserving a product and/or a service, You accept the GTC, which You can access via a hyperlink to the Site. The User is invited to read the GTCU carefully and regularly, which are accessible by hyperlink on the "My 68°" page of the Application and may be modified at any time and without notice by 68°. The Application may be updated on a regular basis. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates to be downloaded and any technical, legislative or regulatory changes, over which 68° has no control.
Article 6. INTELLECTUAL PROPERTY OF THE APPLICATION
All elements of the Application, in particular images, photographs, visuals, writings, comments, animations, graphic charter, are protected by intellectual property rights (in particular by copyright and trademark law). Consequently, any total or partial reproduction, modification or use of elements of the Application, in particular images, photographs, visuals, trademarks, logos, comments and animations, for any reason and on any medium whatsoever, is prohibited without the prior and express authorization of 68°. Without prejudice to the provisions of Article 7, none of the provisions of the GCU may be interpreted as an assignment, transfer, sale, concession, license, loan, lease or authorization to use granted directly or indirectly by 68° to the User in respect of the Application and/or the Services.
Article 7. LICENSE OF USE
68° grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable right to use the Application, the Content and the Services, free of charge, solely for the User's own needs in connection with the use of the Application and the Services, to the exclusion of any other purpose. The User is strictly forbidden to access and/or use the source codes of the Application and/or the software components of the Application. The User acquires no intellectual property rights in the Application, the Content and/or the Services, nor any rights other than those granted herein. The User expressly undertakes that use of the Application shall in no way infringe the rights of 68°, and in particular that such use shall not constitute an act of counterfeiting, unfair competition or parasitic use of the Content.
Article 8. OBLIGATIONS OF THE USER
The User expressly undertakes:
- to download the Application onto his/her equipment exclusively for personal, non-commercial use;
- not to reproduce the Application permanently or temporarily, in whole or in part, by any means and in any form;
- not to use any software or process intended to copy the Content without the prior written authorization of 68° ;
- to refrain from adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding or reverse engineering all or part of the Application, Services and/or Content;
- to refrain from exporting the Application, or merging all or part of the Application with other computer programs;
- to refrain expressly from using software or devices likely to disrupt the proper functioning of the Application, or to take any action likely to impose a disproportionate burden on 68°'s infrastructures;
- to refrain from extracting or reusing, including for private purposes, without 68°'s prior written authorization, any substantial or non-substantial part of the content of the databases and archives constituted by the Application;
- not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate these GCU;
- to inform 68° as soon as they become aware of an act of piracy, and in particular of any illicit or non-contractual use of the Application and/or the Content, whatever the means of distribution;
- not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties.
Article 9. PROTECTION OF PERSONAL DATA
Any personal data that may be collected in the course of using the Application will be processed and stored in accordance with French law N°78-017 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, as amended, and with all legal provisions relating to the protection of personal data. Refusal to provide certain personal data may deprive You of access to certain Services. In the event of communication of personal data, You have a right of direct access, rectification and opposition on legitimate grounds to the data concerning You, which You may exercise by simple request to the following address: 68°, 229 Rue Saint Honoré, 75001 Paris, France. Data is kept for the duration of the contractual relationship. Beyond that time, data may only be kept to establish proof of a right or contract, or to comply with a legal obligation and in accordance with current regulations.
Article 10. AVAILABILITY OF THE APPLICATION
68° undertakes to use its best efforts to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of 68°, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application. Maintenance work may be carried out without prior notice to Users.
Article 11. LIMITATION OF WARRANTY
Access to and use of the Application is at the User's own risk. The Application and software are provided "as is" and "as available" without warranty of any kind. It is the responsibility of each User to take all appropriate measures to protect his/her own data and/or software stored on his/her computer and telephone equipment against any attack. The User declares that he/she is aware of and accepts the characteristics and limits of the Internet network, and in particular the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or piracy; risks of contamination by any viruses circulating on said networks, etc., for which 68° cannot be held responsible. for which 68° cannot be held responsible.
68° cannot be held responsible :
- in the event of failure, loss, delay or error in data transmission beyond its control;
- for sending messages and/or data to a false, erroneous or incomplete address;
- if data is not received, for any reason whatsoever, or if the data received is illegible or impossible to process;
- if the User is unable to access or use the Application and/or Services for any reason whatsoever;
- if, for any reason whatsoever, the connection is interrupted.
In addition, 68° declines all responsibility in the event of misuse of the terminal and/or incidents related to the use of the terminal when using the Application. Under no circumstances will 68° be held responsible for any damage of any nature whatsoever caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for any consequences that may arise from this on their personal, professional or commercial activity.
Article 12. CHANGES TO THE GENERAL CONDITIONS OF USE
The GCU applicable are those in force at the date of connection to and use of the Application by the User.
68° reserves the right to modify, at any time, all or part of the provisions of the GCU without prior notice or information to Users, in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments, or to the introduction of new services.
Any modifications made by 68° to the GCU will be brought to the attention of Users simply by posting them online. They are deemed accepted without reservation by any User who accesses the Application after said posting. 68° therefore invites all Users to consult the GCU on a regular basis. Any new Service integrating new techniques or new features improving the quality of existing Services will also be subject to these GCU, unless expressly provided otherwise.
Article 13. TERMINATION
68° may terminate the use of the Application at any time by giving You 24 hours notice of termination by email.
Upon any termination, the rights and licenses granted to You will terminate and You must cease all use of the Application.
Article 14. ACCURACY OF INFORMATION AND DATA
68° does not guarantee the accuracy of the information and data presented on the Application and in the database (including, but not limited to, photos, names, generic names, categories, descriptions, ratings, etc.). The information is provided for information purposes only.
68° cannot be held liable for any inaccuracy, error, imprecision or omission in the information and data presented on the Application and in the database. In addition, 68° provides the User with no guarantee as to the suitability of the products to the User's needs and expectations, particularly in terms of taste or constraints.
Article 15. COMPLETENESS AND EXHAUSTIVENESS OF INFORMATION AND DATA
68° does not guarantee the completeness and exhaustiveness of the information and data presented on the Application and in the database.
Article 16. CONTACT
Any questions relating to the Application and/or Services should be sent by post to the following address: 68°, 229 Rue Saint Honoré, 75001 Paris, France.
ARTICLE 17. APPLICABLE LAW
These GCU are governed by French law.
Any dispute or controversy relating to the performance or interpretation of these rules which cannot be settled amicably between the parties shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.
Paris, March 17, 2025.