GENERAL TERMS OF USE "SeeU"

Effective Date: 01/01/2025

These General Terms of Use (hereinafter referred to as the “Terms”) are those of SeeU LLC, a limited liability company headquartered at 8 The Green Suite A, Dover, DE 19901, United States, registered in Delaware under EIN number 98-1833102 (hereinafter referred to as “SEEU”).

They govern the rules and terms of use of the mobile application “SEEU” (hereinafter referred to as the “Application”), which offers users access to two distinct services (hereinafter referred to as the “Services”):

▪ A free digital loyalty card service allowing users to accumulate points with partner merchants listed on the Application.

▪ A subscription-based discount card service offering exclusive discounts and benefits at certain partner merchants listed on the Application.

The partner merchants listed are located in Lyon or its surrounding areas.

These Terms apply between SEEU and any user registered on the Application (hereinafter referred to as the “Users”).

ACCESSING AND USING THE APPLICATION IMPLIES FULL ACCEPTANCE OF THESE TERMS BY THE USERS.

 

1. Definitions
The terms used in the Terms, which are capitalized, have the meanings defined below. When used without capitalization, they carry their usual meaning.

  • “Application” refers to the “SeeU” application developed by SeeU LLC, where Users can access the Services.
  • “Terms” refers to these General Terms of Use.
  • “Account” refers to the User’s personal account on the Application, granting them access.
  • “Partner” refers to a partner merchant listed on the Application.
  • “Parties” collectively refers to SeeU and a User.
  • “Privacy Policy” refers to SEEU’s privacy policy, which explains how personal data is processed and the rights of individuals whose data is processed. The Privacy Policy is accessible via the provided link.
  • “Services” refers to the services available on the Application as described in Article 6.
  • “User” refers to anyone with an Account on the Application.

 

2. Purpose
These Terms govern access to and use of the Application and define the rights and obligations of the Parties.

Access to and use of the Application is conditioned upon the prior, full acceptance of these Terms by the User.

 


3. Duration
The Terms apply to Users for the duration of their registration on the Application.

 


4. Modification of the Terms
SEEU reserves the right to modify these Terms at any time.

Only the latest version of the Terms published on the Application applies.

SEEU will notify Users of any changes to the Terms via appropriate technical means when they access the Application.

 


5. Access to the Application

   5.1. Account Creation – Login Credentials
Anyone wishing to access the Application and use the Services must first create an Account by providing their first name, last name, date of birth, postal code, email address, and by creating a password.

Account creation requires:

  • Being over 16 years old.
  • Not having been previously excluded from the Application for violating the Terms.

The Account is strictly personal to the User and may not be transferred to a third party. Actions performed on the Application while logged in are considered to be carried out by the User unless proven otherwise (e.g., in the case of cyber fraud).

Users are solely responsible for maintaining the confidentiality of their Account and login credentials.

In case of loss, suspected disclosure, or actual disclosure of login credentials to third parties, the User must immediately reset their password or inform SEEU.

SEEU is not liable for any actions taken on the Application by unauthorized parties using the User’s credentials.

 

   5.2. Right of Access and Use
Registered Users have a personal, non-exclusive, non-transferable, worldwide right of access and use of the Application for the duration of their Account, solely for using the Application’s Services.

 

   5.3. Access Mode, Compatibility, Interoperability, and Software Restrictions
Users access the Application via the internet through a smartphone after downloading it to their device.

The Application is compatible with all smartphones running Android or iOS.

For the “1 instant” service, the smartphone must be equipped with NFC technology. The Application is not interoperable with other devices or software, and there are no software restrictions for its use.

Users are responsible for acquiring, setting up, maintaining, and connecting the necessary equipment and telecommunication means at their own expense to access the Application.

 

 

6. Description of Services – Features
The Application offers the following Services:

✓ Digital Loyalty Card Service:
This service allows Users to subscribe to a Partner’s loyalty card and earn discounts by accumulating points counted for each purchase at the Partner’s store.

For first-time subscriptions and to accumulate points, Users must:

  • Visit the Partner’s establishment.
  • Tap the central button in the Application.
  • Bring their device close to the NFC-tagged badge or scan the QR Code available at the Partner’s store.

 

 

7. Benefits to SEEU
SEEU benefits from Users registering on the Application by collecting personal data for purposes outlined in the Privacy Policy (https://getseeu.com/en/cgu).

For other Users, this is the only benefit SEEU gains, as access to and use of the Application and the “1 instant” service are free for them.

 

 

8. Prohibited Behaviors
Anyone accessing the Application agrees to use it in accordance with its purpose, the Terms, and any usage rules communicated or made accessible by SEEU, including via notifications, displays, or publications on the Application.

Users specifically agree not to:

  • Copy, reproduce, modify, create derivative works from, distribute, or publicly disclose any content from the Application without prior express written consent from SEEU or the relevant third parties.
  • Disrupt or attempt to disrupt the proper functioning of SEEU’s Application or its activities.
  • Circumvent robot exclusion protocols or any other measures used to prevent or limit access to the Application.
  • Publish inappropriate or immoral content on the Application.
  • Violate laws, third-party rights, or the provisions of the Terms while using the Application and its associated services.
  • Use the Application if legally unable to enter into contracts, under the age of 18, or if access has been suspended temporarily or permanently.
  • Misuse or interfere with the functionality of the Application.
  • Upload false, inaccurate, misleading, insulting, slanderous, or defamatory content about SEEU or third parties via the Application.
  • Share personal data of third parties.
  • Use the Application with another person’s credentials.
  • Hack or attempt to hack another User’s credentials.
  • Distribute viruses or other technologies that could harm the Application, SEEU, or third parties.
  • Copy, modify, or distribute content from SEEU’s sites, copyrights, or trademarks.
  • Use bots, spiders, scrapers, or other automated methods to access the Application without prior express written consent from SEEU.
  • Mine data on the Application without prior express written consent from SEEU.

In case of any violations, SEEU may, without notice or compensation, suspend or deny access to the Application, including temporary or permanent account closure.

Users violating these obligations are solely responsible for any resulting consequences.

9. Compliance Guarantee
SEEU complies with the legal guarantee of conformity applicable to digital content and services as per articles L. 224-25-12 and following of the French Consumer Code and Directive (EU) 2019/770.

In case of non-conformity of the Services, Users:

  • Have two years from the date of service provision to act against SEEU.
  • Are entitled to correction or, failing that, a price reduction (or restitution of the benefits) or termination of the Terms if:
    • SEEU refuses or cannot provide a correction due to excessive costs relative to the defect and the Service’s value.
    • The correction is unjustifiably delayed or causes significant inconvenience or expense.
    • The defect persists despite SEEU’s attempts to fix it.

Users may terminate the Terms without first requesting correction if the defect is severe enough to justify immediate termination or a price reduction.

To benefit from the compliance guarantee, Users must contact SEEU’s customer service at: contact@seeuapp.io.

 

 

10. Updates

10.1 Updates Required to Maintain Compliance
In accordance with Article L. 224-25-25 of the French Consumer Code, SEEU will inform Users of necessary updates to maintain compliance and provide them when required.

If Users fail to install updates within a reasonable time after being informed, SEEU cannot be held liable for non-compliance resulting solely from the failure to install updates, provided:

  • Users were informed of the updates and their consequences for non-installation.
  • Non-installation is not due to SEEU’s failure to provide adequate installation instructions.

 

10.2 Updates Not Required for Compliance
SEEU may also propose or automatically implement updates to improve or optimize the service.

In such cases, Users will be informed in advance of the planned update and its date of implementation.

Users may refuse or uninstall such updates if they negatively impact their access to or use of the Service.



11. Application Evolution
SEEU reserves the right to evolve the Application’s features at any time, ensuring that such changes do not regress the primary functionalities or result in data loss for Users.

SEEU may need to adapt the Application to technological standards and developments on the internet.

Such changes may require updates to the User’s device environment (e.g., operating system). SEEU is not liable for any access issues resulting from a User’s refusal to update their environment.



12. Availability
The Application is hosted by a third-party provider chosen for their expertise, reputation, and data security commitments.

SEEU may change hosting providers at any time without this being considered a change to the Terms.

While SEEU strives for near-continuous availability, Users acknowledge and accept that:

  • The Application may experience temporary unavailability due to reasons outside SEEU’s control, such as internet congestion or hosting provider issues.
  • SEEU may conduct maintenance, causing temporary interruptions.
  • Access may be suspended immediately in case of suspicious or abnormal usage.

Suspicious or abnormal usage includes:

  • Multiple failed login attempts or unusual activity compared to typical User behavior.
  • Hacking attempts or excessive requests from a single account.



13. Partner Offer Listings and Ranking
Users can view Partner offers through various sections of the Application based on SEEU’s categorization and ranking methods.

The Application also allows Users to search for Partners or offers using keywords via an internal search engine, which is configured solely by SEEU.

For more details, refer to SEEU’s “Offer Listing and Ranking Policy” available here: https://getseeu.com/en/cgu.



14. SEEU’s Intellectual Property
SEEU retains all intellectual property rights over the Application and its components, regardless of their nature, as well as associated know-how.

These elements are protected under intellectual property laws, including copyright law.

The Terms or access to the Application do not grant Users any intellectual property rights over the Application or its components.

Any reproduction or use of the Application’s elements in violation of these Terms may result in legal action by SEEU, including for infringement.



15. Database Protection
SEEU’s database is protected under Directive 96/9/EC of March 11, 1996, and the French Intellectual Property Code. Prohibited actions include:

  • Extracting or reusing substantial parts of the database.
  • Repeatedly and systematically extracting or reusing parts of the database.



16. Personal Data
The operation of the Application and the provision of associated Services require SEEU to collect and process certain personal data from Users.

These data processing activities are conducted in compliance with applicable laws, including the General Data Protection Regulation (GDPR) (EU Regulation 2016/679) and the French Data Protection Act of January 6, 1978 (“Informatique et Libertés”).

SEEU’s Privacy Policy is accessible via the following link: https://getseeu.com/en/cgu.

Hyperlinks
The Application may contain hyperlinks to other websites on the internet. These links may direct Users away from the Application. Since SEEU does not edit these websites, it cannot be held responsible for their content.



17. Suspension and Restriction of Access – Account Closure

17.1 At SEEU’s Initiative
SEEU may, at its sole discretion and without prior notice or compensation, temporarily or permanently suspend access to the Application or close a User’s Account in case of serious or repeated breaches of these Terms. This does not preclude SEEU’s right to seek damages.

SEEU may also restrict access to the Application for any individual responsible for violations.

17.2 At the User’s Initiative
Users may decide to close their Account at any time without notice. To do so, they must notify SEEU in writing via email at the following address: [contact@seeuapp.io].

Account closure will take effect upon SEEU’s receipt of the email.



18. Force Majeure
Neither Party shall be held liable to the other for any failure or delay in fulfilling its obligations under these Terms if caused by a force majeure event as defined by Article 1218 of the French Civil Code and applicable case law.

Events considered as force majeure include, but are not limited to: acts of war, terrorism, riots, labor disputes, strikes, lockouts, natural disasters, health crises, fires, water damage, lightning, legal or governmental restrictions, actions by administrative, governmental, or judicial authorities beyond the Party’s control, power outages, and interruptions in internet or communication networks.

The affected Party must promptly inform the other Party and provide evidence of the force majeure event. The affected Party must also make every effort to minimize the duration and consequences of the event.

If the force majeure event lasts for more than three (3) consecutive months, either Party may terminate these Terms by sending a registered letter with acknowledgment of receipt, unless otherwise agreed.



19. Evidence Agreement
The Parties acknowledge the evidentiary value of electronically exchanged data, including data shared via the Application.

By accessing the Application, Users expressly agree that:

  • Any acceptance made through the Application (e.g., by logging in with their credentials) is binding.
  • Actions performed via the Application are enforceable and considered valid.
  • Application log files constitute proof of communications between the Parties.

SEEU’s computerized records, stored under reasonable security conditions, are considered evidence of communications between the Parties.



20. Severability
If any provision of these Terms is found to be invalid under applicable law or by a final court ruling, it will be deemed unwritten without affecting the validity of the remaining provisions.



21. Waiver
Failure by either Party to enforce any provision of these Terms or to require its strict compliance shall not be construed as a waiver of its rights under that provision.



22. Governing Law and Dispute Resolution
These Terms are governed by French law.

Any disputes arising from the validity, interpretation, or execution of these Terms must first be resolved amicably.

If no amicable resolution is reached within 60 days of a User’s claim, the dispute will be subject to the jurisdiction of French courts, and the provisions of the French Code of Civil Procedure will apply.