Terms of use

1. Introduction

Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Rary's personalized services.

Rary is a platform dedicated to the communication of shopping events by merchants to consumers present in their cities.

We designate « Rary Service » as the services provided by the Rary application.

We designate « Consumers » as all users (all persons, inhabitants, national and international tourists) register on the Rary application.

We designate « Merchants » as all users who added their store on the Rary application and subscribed to a one year subscription. Only merchants can create and share shopping events about their product and services to « Consumers » (BTOC).

We designate « Shopping Events » as a promotional offer limited in time, created and distributed through the Rary application in the form of videos of a maximum duration of 10 seconds where the merchant or his collaborators express themselves.

There are three shopping events :

Private sell

Special event

Private event

We designate « Content » as all shopping events created by merchants, all stories created by consumers, or other material that is made available through the Rary Service.

Use of the Rary Service may be subject to additional terms and conditions presented by Rary, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Rary Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Rary Service or access any Content.

Service Provider

These Terms are between you and Dinov Group International, 1 place marceau, 28000, Chartres, France.

Age and eligibility requirements

BY USING THE Rary SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Rary Service and access any Content, any registration and account information that you submit to Rary is true, accurate, and complete, and you agree to keep it that way at all times.

2. The Rary Service Provided by Us

Rary Service options

Consumers must have an active subscription to access Rary Service. (Reveal and participate to shopping events)

Merchants must have an active subscription to access Rary Service. (Share shopping events to all users in their city)

We are not responsible for the products and services provided by merchants.

Check Payments and cancellation section.

Third-Party applications, devices and open source software

The Rary Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Rary does not guarantee that Third-Party Applications and Devices will be compatible with the Rary Service.

Service limitations and modifications

We use reasonable efforts to keep the Rary Service operational and to provide you with a personalized experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

The Rary Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We aim to evolve and improve the Rary Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Rary Service (including particular functions, features, subscription plans, and promotional offerings);

Rary has no obligation to provide any specific content through the Rary Service, and Rary or the applicable owners may remove particular videos, and any other Content without notice.

Rary has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

3. Your Use of the Rary Service

Creating a Rary account

You may need to create a Rary account to use all or part of the Rary Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Rary may reclaim, or require you to change, your username for any reason.

Your rights to use the Rary Service

Access to the Rary Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Rary Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Rary. You agree that you will not redistribute or transfer the Rary Service or the Content.

The Rary software applications and the Content are licensed, not sold or transferred to you, and Rary and its licensors retain ownership of all copies of the Rary software applications and Content even after installation on your Devices.

Rary's Proprietary Rights

The Rary Service and the Content are the property of Rary or Rary's licensors. All Rary trademarks, service marks, trade names, logos, domain names, and any other features of the Rary brand ("Rary Brand Features") are the sole property of Rary or its licensors. These Terms do not grant you any rights to use any Rary Brand Features whether for commercial or non-commercial use.

You agree to abide by the Rary User Guidelines and not to use the Rary Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

Payments and cancellation

In merchants stores sales

Every shopping events shared through Rary application include a main discount and a bonus discount. Every Consumers get the main discount. The bonus discount is only for consumers that create a story.

During in store checkout the Merchant must scan the user Consumer to check his eligibility (if he has an active subscription). Once approved the Merchant need to fill the field with the sum of products or services that user Consumer wants to buy regarding the shopping events. This process will result in the good discount applied and the display of the final price to be paid by the Consumer.

We are not responsible for the transaction during checkout between Merchant and Consumer.

Billing

Each Merchant must have an active subscription billed monthly and a one time purchase of custom in store advertising.

Each Consumer must have an active subscription billed monthly.

Price and tax changes

Rary may from time to time make changes to subscriptions, referral program and any other products. Rary will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Rary Service after the price change takes effect, you will have accepted the new price. If you do not agree to the communicated price change, from the Rary app in settings click « do not renew subscription ». Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

Your payment to Rary or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Rary Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

User guidelines

We've established guidelines for using the Rary Service, to make sure the Rary Service stays enjoyable for everyone ("Rary User Guidelines"). In using the Rary Service, you must comply with the Rary User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

Merchants accounts

If you establish a Rary account on behalf of a company, organization, entity, or Merchant (a "Merchant," and such account a "Merchant Account"), the terms "you" and "your," as used throughout these Terms (including other Rary terms and conditions incorporated by reference herein), apply to both you and the Brand Merchant.

If you create a Merchant Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable Rary terms and conditions) and to bind the Brand to these Terms.

A Brand may follow users and create and share shopping events, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, consumer or any other person, unless the Merchant has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to users, consumers or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

Export control and sanctions

Rary's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Rary under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

4. Content and Intellectual Property Rights

User Content

The content you post on the Rary Service

Rary users may post, upload, or otherwise contribute content to the Rary Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Rary Service (including to the Rary Support Community) by users.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post on Rary, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Rary pursuant to the license granted below, does not: (i) violate these Terms, including the Rary User Guidelines, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Rary or Merchant or other individual or entity without the prior express written consent from Rary or such individual or entity.

In posting or sharing User Content or other information on the Rary Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Rary Service and across the web, so please use caution in posting or sharing on the Rary Service, and be mindful of your account settings. Rary is not responsible for what you or others post or share on the Rary Service.

Monitoring user content

Rary may, but has no obligation to, monitor or review User Content. Rary reserves the right to remove or disable access to any User Content for any or no reason. Rary may take these actions without prior notification to you.

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the Rary Service. However, in order for us to make your User Content available on the Rary Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Rary a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Rary Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Rary Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Rary without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right (1) to allow the Rary Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Rary Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

Content experience

In any part of the Rary Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Rary's agreements with third parties.

Some Content licensed by, provided to, created by, or otherwise made available by Rary may incorporate advertising or other promotional messages.

Infringement claims

Rary respects the rights of intellectual property owners.

5. Customer Support, Information, Questions, and Complaints.

Rary support community

The Rary Support Community is a place for discussions and exchange of information, tips, and other materials related to the Rary Service. By using the Rary Support Community, you agree to the Community Terms.

Customer support, information, questions, complaints

For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the Contact Us section of our website.

If you have any questions concerning the Rary Service or these Terms (including any additional Rary terms and conditions incorporated herein), please contact Rary Customer Service by visiting the Contact Us section of our website.

6. Problems and Disputes

Suspending and terminating the Rary Service

These Terms will continue to apply to you until terminated by either you or Rary. Rary may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Rary Service at any time if we believe you have breached any of these Terms, if we stop providing the Rary Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Rary terminate these Terms, or if Rary suspends your access to the Rary Service, you agree that Rary shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Rary will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Rary Service. To learn how to terminate your Rary account, please use the Customer Support resources on our Contact Us page.

The following sections shall survive termination: Sections 2 (The Rary Service Provided by Us), 3 (Your Use of the Rary Service) (except as set forth therein), 4 (Content and Intellectual Property Rights), 6 (Problems and Disputes), 7 (About These Terms), as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

Warranty disclaimers

THE Rary SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, Rary AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Rary NOR ANY OWNER OF CONTENT WARRANTS THAT THE Rary SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Rary MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Rary SERVICE OR ANY HYPERLINKED WEBSITE, AND Rary IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Rary SHALL CREATE ANY WARRANTY ON BEHALF OF Rary. WHILE USING THE Rary SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

Limitation of liability and time for filing a claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Rary SERVICE IS TO UNINSTALL ANY Rary SOFTWARE AND TO STOP USING THE Rary SERVICE. YOU AGREE THAT Rary HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE Rary SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Rary, FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL Rary, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Rary SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Rary HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Rary SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO Rary DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM.

For clarification, these Terms do not limit Rary's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation.

ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Rary, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Rary only, not with Apple, and Apple is not responsible for the Rary Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Rary Service. In the event of any failure of the Rary Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Rary Service. Apple is not responsible for addressing any claims by you or any third party relating to the Rary Service or your possession or use of the Rary Service, including: (1) product liability claims; (2) any claim that the Rary Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Rary Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Rary Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Indemnification

You agree to indemnify and hold Rary harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Rary terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Rary Service; and (4) your violation of any law or the rights of a third party.

Applicable law, Complaints and disputes

These terms and conditions are subject to the law of the member’s usual place of residence. Any complaint relating to the application of these terms and conditions must be addressed to our Customer service via our website https://rary.app in the section Contact Us so that it can be processed as soon as possible.

In the event of a dispute, the parties will seek an amicable solution before any legal action. In the event of failure of these attempts, all challenges to the validity, interpretation and/or execution of these terms and conditions must be brought, even in the event of multiple defendants or warranty claims, in the competent courts of the place of the member’s habitual residence.

7. About These Terms

Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Rary terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Rary Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Rary Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Rary Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Rary, these Terms constitute all the terms and conditions agreed upon between you and Rary and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Rary Service are incorporated herein by reference, including the following terms and conditions: the Rary User Guidelines

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Rary or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Rary's or the applicable third-party beneficiary's right to do so.

Assignment

Rary may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.