General conditions of use

1. Purpose

1.1 Acceptance of the T&Cs

These General Terms and Conditions of Use (hereinafter referred to as "T&Cs") are intended to define the conditions under which Users (Tourists and Contributors) can access and use the Loopi Platform and associated services. Accessing and using the Platform implies the unconditional acceptance of these T&Cs by the Users. Users are therefore invited to read the T&Cs carefully before using the Platform.

2. Definitions

In these T&Cs, the following terms and expressions have the meanings indicated below:

2.1 Platform

Refers to the Loopi website and mobile application that allows Users to access the services offered by Loopi.

2.2 BackOffice

Refers to the content update and management tool of the Platform reserved for Contributors with an account.

2.3 User

Refers to any individual or legal entity accessing the Platform and using the services offered by Loopi. Users are divided into two categories: Tourists and Contributors.

2.4 Tourist

Refers to a User who accesses the Platform to view information and use the services offered without needing to create an account on the BackOffice.

2.5 Contributor

Refers to a User who has an account on the BackOffice and actively participates in updating the content of the Platform by proposing points of interest, routes, or contributing to the update of cartographic information.

2.6 Account

Refers to the Contributor's personal space on the BackOffice, accessible via a username and password, allowing them to manage and update the Platform's content.

2.7 Content

Refers to all the information, data, maps, texts, images, videos, sounds, and other elements published on the Platform, whether proposed by Loopi, Contributors, or any other third party.

2.8 Services

Refers to all the services offered by Loopi on the Platform, such as map viewing, content search, route calculations, and any other functionality provided to Users.

2.9 Points of Interest

Refers to the places, monuments, natural sites, tourist attractions, and other points of interest geolocated on the Platform.

2.10 Routes

Refers to the itineraries and paths proposed on the Platform, created by Contributors or any other third party.

2.11 Cartographic Information

Refers to all the geographic and cartographic data available on the Platform, including roads, certain points of interest, major routes, and greenways.

3. Presentation of the Platform

3.1 Online Service

The Loopi Platform is an online service that offers Tourists a tool for discovering and planning outdoor activities, such as hiking, biking, trail running, mountain biking, etc. The Platform provides maps, information on points of interest, route suggestions, and customization features allowing Contributors to create routes tailored to the needs and desires of Tourists.

3.2 Encouraging Eco-Friendly Travel

The Loopi Platform aims to encourage the use of environmentally friendly modes of travel and to enable Users to discover places and outdoor activities in an eco-responsible manner.

3.3 Content

The information and content available on the Platform are provided and updated by Contributors with a BackOffice account. Tourists can access this information and content without needing to create an account.

3.4 Contributors

Contributors are Users who actively participate in updating the Platform's content by proposing points of interest, routes, and contributing to the update of cartographic information. Some have access to the BackOffice to manage and modify the content they propose. Others benefit from automatic updates through imports and recurrent data processing.

3.5 Tourists

Tourists are Users who view and use the information and content of the Platform for the purpose of discovering and planning outdoor activities. They do not need to create an account on the BackOffice to access this information and content.

3.6 Additional Services

The Platform may also offer additional services to Users, such as transport ticketing, accommodation bookings, restaurant reservations, or other tourist services, in partnership with external providers. These additional services are subject to specific conditions established by the respective providers and are under their responsibility.

3.7 Access to the Platform

The Platform is freely accessible to all Users, whether they are Tourists or Contributors. However, some features may be subject to specific access conditions, such as the creation of an account on the BackOffice for Contributors.

4. Access and Use of the Platform

The Platform is freely accessible to Tourists. To access the Platform, Users must have compatible computer equipment and an internet connection.

4.1 Tourists

Tourists can view and use the information and content on the Platform without needing to create an account. They are authorized to access maps, information on points of interest, route suggestions, and other content and features offered by the Platform, in accordance with these T&Cs.

4.2 Contributors

Contributors wishing to propose content or participate in updating cartographic information must create an account on the Platform's BackOffice. Account creation is subject to acceptance of these T&Cs and the provision of personal information to identify the Contributor.

4.3 Confidentiality of Username and Password

Contributors are responsible for maintaining the confidentiality of their usernames and passwords used to access their BackOffice accounts. They agree not to disclose this information to third parties and to inform Loopi in case of unauthorized use of their account.

4.4 Use of the Platform

Users agree to use the Platform responsibly and in accordance with these T&Cs. They are prohibited from:

Using the Platform for illegal purposes or in a manner contrary to public order and good morals,
Infringing the intellectual property rights of Loopi or third parties,
Disseminating defamatory, abusive, discriminatory, racist, xenophobic, violent, obscene content or content that infringes on the privacy of others,
Using the Platform to send unsolicited messages or for commercial solicitation,
Disrupting the operation of the Platform or attempting to access Loopi's computer systems without authorization.

4.5 Termination of Access

Loopi reserves the right to suspend or terminate access to the Platform or BackOffice for any User not complying with these T&Cs, without notice and without compensation. Loopi also reserves the right to take all necessary measures, including legal action, to stop any behavior contrary to these T&Cs and seek compensation for the damage suffered.

5. Registration and Access to the BackOffice

5.1 Registration to the BackOffice

Registration to the BackOffice is reserved for Contributors wishing to propose content or participate in updating cartographic information on the Platform. To register, Contributors must complete a registration form by providing personal information such as their name, first name, email address, and choose a username and password. Contributors agree to provide accurate, up-to-date, and complete information when registering.

5.2 Validation of Registration

After submitting the registration form, Contributors will receive a confirmation email containing an activation link for their account. They must click on this link to finalize the registration and activate their BackOffice account. Loopi reserves the right to refuse, without justification, the registration of a Contributor.

5.3 Access to the BackOffice

Once their account is activated, Contributors can access the BackOffice using their username and password. They are responsible for maintaining the confidentiality of this information and agree not to share it with third parties. In case of unauthorized use of their account, loss, or theft of their username and/or password, Contributors must immediately inform Loopi.

5.4 Responsibility of Contributors

Contributors are responsible for the content they submit, publish, or modify on the Platform via the BackOffice. They agree to respect the intellectual property rights of Loopi and third parties and not to disseminate content contrary to these T&Cs, the law in force, public order, or good morals.

5.5 Suspension or Deletion of Account

Loopi reserves the right to suspend or delete, without notice and without compensation, the account of a Contributor not complying with these T&Cs, as well as to take all necessary measures to stop any behavior contrary to these T&Cs and seek compensation for the damage suffered.

5.6 Unsubscription

Contributors can request the deletion of their BackOffice account at any time by contacting Loopi by email or via the contact form available on the Platform. Deleting the account will result in the permanent loss of the content submitted, published, or modified by the Contributor on the Platform.

6. Contribution of Content

6.1 Submission of Content

Contributors can submit content on the Platform via the BackOffice. Submitted content may include Points of Interest, Routes, descriptions, images, and any other elements that can enrich the experience of Tourists on the Platform. Contributors agree to submit only content respecting the intellectual property rights of Loopi and third parties and not to disseminate content contrary to these T&Cs, the law in force, public order, or good morals.

6.2 Validation of Content

After submitting content, Loopi reserves the right to verify, validate, modify, or reject this content without prior justification. Contributors are informed that the publication of their content on the Platform may be subject to a validation and appearance delay on the Platform.

6.3 Responsibility of Contributors

Contributors are responsible for the accuracy and legality of the content they submit. They guarantee that they hold the necessary rights to share this content and that it does not infringe the rights of third parties, such as copyright or image rights.

6.4 Attribution of Contributor's Identity

Loopi undertakes to attribute the identity of the Contributor to the content they agree to disseminate on Loopi's platforms, respecting copyright and intellectual property rights. This allows Platform users to know the origin of the content and recognize the work of the Contributors. The presented identity is that of the information producer. For mass imports, this information must be standard and consistently present in the data feeds to be used by the Contributor.

6.5 License to Use Content

By submitting content on the Platform and contracting with Loopi, Contributors grant Loopi a non-exclusive, free, worldwide license for the legal duration of copyright protection to reproduce, represent, adapt, and disseminate this content on the Platform and any other medium operated by Loopi or its partners. Contributors retain their copyright on the submitted content. Additionally, the Contributor consents to the dissemination of their data related to the content submitted on the Platform.

The Contributor can withdraw their consent at any time by sending their request via email or the contact form available on the Platform.

6.6 Reporting Inappropriate Content

Users can report any inappropriate, illegal, or contrary to these T&Cs content by contacting Loopi by email or via the contact form available on the Platform. Loopi reserves the right to delete or modify any reported inappropriate content, or even remove access and dissemination platforms, without notice and without compensation.

6.7 Deletion or Modification of Content

Loopi reserves the right to delete, without notice and without compensation, any content submitted by a Contributor not complying with these T&Cs or deemed inappropriate or harmful to the Platform or its users.

Loopi also reserves the right to take all necessary measures to stop any behavior contrary to these T&Cs and seek compensation for the damage suffered.

7. Rights and Obligations of Tourists

7.1 Rights of Tourists

Tourists have the right to access and use the Platform for free to view the proposed content and information, plan their routes, and discover the proposed Points of Interest and Routes. Tourists can also share the Platform's content on social media or other means of communication, respecting the intellectual property rights of Loopi and Contributors.

7.2 Obligations of Tourists

By accessing and using the Platform, Tourists agree to comply with these T&Cs and the laws and regulations in force. They also agree not to use the Platform for illegal, abusive, or contrary to public order and good morals purposes. Tourists agree not to attempt to undermine the security, integrity, or proper functioning of the Platform.

7.3 Responsibility of Tourists

Tourists are responsible for their use of the Platform and the content and information they view, share, or download. They acknowledge that Loopi cannot be held responsible for the quality, accuracy, relevance, or legality of the content and information proposed by Contributors. Tourists are also responsible for their own safety and behavior when participating in outdoor activities using the information and routes proposed on the Platform.

7.4 Limitation of Liability

Tourists should exercise common sense when using the content on the Platform, which is provided for informational purposes only. They are responsible for their own safety and must verify local conditions and applicable regulations before engaging in any activity.

Tourists acknowledge that Loopi and its partners cannot be held liable for direct or indirect, material or immaterial damages resulting from the use of the Platform or the inability to use the Platform, including but not limited to damages resulting from unauthorized access, data loss, system failure, or loss of profits.

7.5 Complaint and Contact

In case of a problem, complaint, or suggestion regarding the Platform, Tourists are invited to contact Loopi by email or via the contact form available on the Platform. Loopi undertakes to review and respond to these requests promptly and to make necessary improvements if needed.

8. Confidentiality and Protection of Personal Data

8.1 Data Collection

Loopi collects personal data from Users in the context of their use of the Platform, especially during account creation, content submission, or participation in outdoor activities. This data may include, but is not limited to, name, email address, postal address, phone number, age, and gender.

8.2 Use of Data

The personal data collected is used to provide and improve the services offered on the Platform, facilitate communication between Users, personalize the user experience, and send information and promotional offers. Loopi is committed to respecting the applicable laws and regulations regarding the protection of personal data.

8.3 Data Sharing

Loopi does not sell or share Users' personal data with third parties, except as required by law or with the express consent of the concerned Users. Loopi may share certain data with its partners to improve the services offered on the Platform while ensuring the confidentiality and security of the data.

8.4 Data Security

Loopi takes all necessary technical and organizational measures to ensure the security and confidentiality of Users' personal data. However, Users acknowledge that data transmission over the internet always carries risks and that Loopi cannot guarantee complete protection against data security breaches.

8.5 Users' Rights

In accordance with the applicable legislation on personal data protection, Users have the right to access, rectify, delete, object to, and limit the processing of their personal data. To exercise these rights, Users can contact Loopi by email or via the contact form available on the Platform.

8.6 Data Retention

Loopi retains Users' personal data for as long as necessary to provide the services offered on the Platform and to comply with legal and regulatory obligations. The data is then deleted or anonymized in accordance with the retention periods provided by the applicable legislation.

9. Intellectual Property

9.1 Copyright and Related Rights

All components of the Loopi Platform, such as texts, images, videos, sounds, software, tourist, geographic, and transport data, trademarks, logos, and other graphic elements, are protected by copyright, related rights, and/or other intellectual property rights owned by Loopi or by third parties who have authorized Loopi to use them. Any unauthorized reproduction, representation, modification, translation, adaptation, distribution, or use of these elements is strictly prohibited and may result in legal action.

9.2 Contributors' Content

Contributors retain all their intellectual property rights on the content they publish and share on the Platform (Points of Interest, Routes, texts, images, videos, etc.). By publishing content on the Platform, Contributors grant Loopi a non-exclusive, free, transferable, sublicensable, worldwide license to use, reproduce, represent, modify, adapt, translate, distribute, and disseminate this content, on any medium and in any format, within the context of the Platform and its associated services, as well as for promotional and communication purposes. Loopi is committed to attributing the identity of the Producer on the content disseminated on Loopi's platforms, respecting copyright and intellectual property rights and acknowledging the work.

9.3 Respect for Intellectual Property Rights

Users agree to respect the intellectual property rights of Loopi and third parties and not to use elements protected by these rights without the prior authorization of their holders. Users also agree not to publish content on the Platform that infringes the intellectual property rights of third parties and to immediately inform Loopi if notified of an infringement of these rights. Loopi reserves the right to delete, without notice or compensation, any content infringing third-party intellectual property rights and to take appropriate measures, including legal action, to stop this infringement and seek compensation for the damage suffered.

9.4 Reporting Violations

If a User believes that their intellectual property rights have been violated by another User or by content published on the Platform, they are invited to inform Loopi by email or via the contact form available on the Platform, providing the following information:

Their identity and contact details;
A description of the elements concerned and their location on the Platform;
A sworn statement attesting that they are the rights holder concerned or authorized to act on their behalf;
A sworn statement attesting that the information contained in the notification is accurate and that the use of the elements concerned is not authorized by copyright, intellectual property rights, or applicable law.

Upon receiving a valid notification, Loopi undertakes to take appropriate measures to resolve the issue, including deleting or disabling access to the elements concerned.

10. Protection of Personal Data

10.1 Data Collection and Processing

In the context of using the Platform, Loopi collects and processes Users' personal data, in accordance with applicable legislation, notably Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data (GDPR).

10.2 Purposes of Processing

The personal data collected by Loopi is used for the following purposes:

Providing and improving the Platform's services,
Managing Contributors' accounts,
Responding to Users' requests and questions,
Analyzing the use of the Platform and Users' preferences,
Personalizing the content and features offered on the Platform,
Ensuring the security and protection of Users,
Preventing and detecting fraud and abuse,
For promotional and communication purposes, subject to the express consent of the concerned Users.

10.3 Data Retention Period

Users' personal data is retained by Loopi for the duration necessary to achieve the purposes for which it was collected and for a maximum of 3 years from the end of the contractual relationship or the last contact from the User, except in cases of longer legal retention obligations.

10.4 Users' Rights

In accordance with applicable legislation, Users have various rights regarding their personal data, including:

The right to access their data,
The right to rectify, update, or complete their data,
The right to request the deletion of their data, subject to legal retention obligations,
The right to object to the processing of their data for legitimate reasons,
The right to request the limitation of the processing of their data,
The right to data portability, and
The right to define directives regarding the fate of their data after their death.

To exercise these rights, Users can contact Loopi by email or via the contact form available on the Platform, providing proof of their identity and specifying the subject of their request.

10.5 Data Security

Loopi implements appropriate technical and organizational measures to ensure the security and confidentiality of Users' personal data and to protect them against loss, destruction, unauthorized access, disclosure, alteration, or illegal dissemination.

10.6 Data Transfer Outside the EU

Loopi undertakes not to transfer Users' personal data outside the European Union, except under conditions ensuring an adequate level of protection, in accordance with GDPR requirements.

11. Force Majeure

11.1 Definition of Force Majeure

Force majeure refers to any unforeseeable, irresistible, and external event that makes it impossible for the parties to fulfill their respective obligations and that is beyond the parties' reasonable control. Events considered as force majeure include, but are not limited to, natural disasters, acts of war, riots, insurrections, terrorist acts, national or local strikes, fires, floods, accidents, interruptions, or failures of electricity, telecommunications, or other essential services.

11.2 Suspension of Obligations in Case of Force Majeure

In the event of a force majeure event, the performance of the parties' obligations will be suspended for the duration of the event. The parties will endeavor to implement reasonable measures to mitigate the effects of the event and resume the performance of their obligations as soon as possible.

11.3 Termination in Case of Prolonged Force Majeure

If a force majeure event lasts for more than sixty (60) days, either party may terminate these T&Cs without notice or compensation by notifying the other party in writing.

12. Modification of the T&Cs

12.1 Modification of the T&Cs by Loopi

Loopi reserves the right to modify these General Terms and Conditions of Use (T&Cs) at any time to adapt them to legislative, regulatory, jurisprudential, technical developments, or changes in the services offered on the Platform.

12.2 User Information

Users will be informed of the modifications to the T&Cs by any useful means, including the publication of the modified T&Cs on the Platform or the sending of an email to Users with a BackOffice account. The modifications will take effect thirty (30) days after their publication or notification.

12.3 Acceptance of the Modified T&Cs

The use of the Platform by Tourists and access to the BackOffice by Contributors after the entry into force of the modified T&Cs constitutes acceptance of the new conditions. Users who do not wish to accept the modified T&Cs are invited to stop using the Platform and, if applicable, to unsubscribe from the BackOffice according to the procedures provided in the "Unsubscription and Account Closure on the BackOffice" article.

12.4 Current Version of the T&Cs

Users are invited to regularly consult the current version of the T&Cs, available on the Platform.

13. Language

13.1 Reference Language of the T&Cs

These General Terms and Conditions of Use are written in French. The French language will be the reference language in case of contradiction, dispute, or difference in interpretation between the different translated versions of these T&Cs, if applicable.

13.2 Translation of the T&Cs

In the event that these T&Cs are translated into one or more other languages, the French version will prevail over any other translated version in case of contradiction, ambiguity, or difference in interpretation between the different versions. Users are invited to refer to the French version of the T&Cs for any questions regarding the interpretation or application of these conditions.

13.3 Translation of the Platform Content

The content of the Platform may be translated into different languages to facilitate access and use of the services by Tourists and Contributors who do not speak French. However, in case of contradiction, ambiguity, or difference in interpretation between the different translated versions of the content, the French version will prevail.

14. Mediation

14.1 Recourse to Mediation

In the event of a dispute or conflict between a User (Tourist or Contributor) and Loopi regarding the performance of these General Terms and Conditions of Use, the User has the right to use a consumer mediator free of charge for an amicable resolution of the dispute, in accordance with the provisions of articles L611-1 et seq. and R612-1 et seq. of the Consumer Code.

14.2 Mediator Contact Information

To request mediation, the User can contact the following consumer mediator: Centre de médiation de la consommation de conciliateurs de justice (CM2C) Postal address: 14 rue Saint Jean, 75017 Paris Website: https://www.cm2c.net

14.3 Timeframe to Contact the Mediator

The User must contact the mediator within one year from their written complaint to Loopi. After this period, the mediation request will be inadmissible.

14.4 Independence and Impartiality of the Mediator

The consumer mediator is required to respect the principles of independence and impartiality in the exercise of their mission. They must have no connection with the parties and must guarantee the confidentiality of exchanges during the mediation process.

14.5 Outcome of the Mediation

The mediation may result in an amicable solution between the parties. If no amicable solution is found, the parties retain the option of referring the matter to the competent courts for resolution.

15. Applicable Law

15.1 Choice of Applicable Law

These General Terms and Conditions of Use are governed and interpreted in accordance with French laws, without regard to conflict of laws provisions. Any question or dispute relating to the interpretation, validity, performance, or termination of these T&Cs will be subject to the exclusive jurisdiction of the French courts.

15.2 Dispute Resolution

In the event of a dispute between a User (Tourist or Contributor) and Loopi regarding the performance, validity, or interpretation of these General Terms and Conditions of Use, the parties agree to seek an amicable solution before taking any legal action. If the parties fail to resolve the dispute amicably within a reasonable period, either party is free to refer the matter to the competent courts for resolution.

15.3 Waiver

The fact that one of the parties does not require the performance of any provision of these T&Cs or tolerates such non-performance for a given period will not be interpreted as a waiver of the enforceability of this provision.

15.4 Severability

If any provision of these General Terms and Conditions of Use is found to be invalid, illegal, or unenforceable by a competent court, that provision will be deemed severable and will not affect the validity, legality, or enforceability of the other provisions of these T&Cs, which will remain in full force and effect.1. Purpose