Terms of Use

Preamble

BusinessAffinity.fr is a platform connecting individuals and professionals, published by SWING FINANCES, a limited liability company registered under number 487 565 939, whose registered office is located at 5 PLACE JEAN PAYRA 66000 PERPIGNAN.

Use of the platform accessible at businessaffinity.fr implies full and complete acceptance of these Terms of Use. Any person who accesses the site and uses its services is considered a User and acknowledges having read these Terms.

Article 1 — Definitions

• Platform: the BusinessAffinity.fr website accessible at businessaffinity.fr and all its features.
• User: any natural person who creates an account on the Platform, whether an Individual or a Professional.
• Individual: User who publishes needs in order to be connected with Professionals.
• Professional: User who offers their services and responds to needs published by Individuals.
• Need: listing published by an Individual describing a request for a service.
• Matching: the Platform's algorithm calculating an affinity score between a Professional and a published Need.
• Content: any text, image, review, message or information posted by a User on the Platform.
• Publisher: SWING FINANCES, used as the legal reference for the site.

Article 2 — Purpose and access

The Platform allows:

• Individuals to publish needs, receive proposals from qualified Professionals via the Matching system, and leave reviews;
• Professionals to complete a pro profile, view Needs matching their activity, respond to requests, and receive customer reviews;
• all Users to access a private messaging system, a community forum and a blog.

The Platform is accessible 24/7, subject to interruptions required for maintenance or in the event of force majeure. The Publisher cannot be held liable for technical unavailability.

Article 3 — Registration and account

Access to the Platform's features requires the creation of an account. Registration is free and open to any adult natural person.

The User undertakes to:

• provide accurate, complete and truthful information upon registration;
• keep their information up to date;
• not create more than one personal account;
• keep their credentials confidential and immediately notify the Publisher in the event of unauthorized use of their account.

The Publisher reserves the right to suspend or delete any account whose information is inaccurate, fraudulent or contrary to these Terms.

Article 4 — Role of the Platform

BusinessAffinity.fr acts exclusively as a technical connection intermediary. It is in no way a party to the transactions, contracts or agreements concluded between Individuals and Professionals following a connection.

The Publisher does not guarantee the conclusion of an agreement, the quality of services or the solvency of Users. Any commercial relationship arising from the use of the Platform is concluded under the sole responsibility of the parties concerned.

Article 5 — User's obligations and responsibilities

Each User is solely responsible for the Content they publish on the Platform. They undertake not to publish content that is:

• unlawful, defamatory, insulting, threatening, discriminatory or undermining the dignity of others;
• infringing intellectual property rights belonging to third parties;
• containing personal information of a third party without their consent;
• of an advertising nature not authorized by the Publisher;
• likely to mislead other Users about their qualifications, identity or services.

It is expressly forbidden to contact a User in order to send unsolicited commercial messages, collect personal data or misuse the Platform's features. Any breach exposes the User to civil and criminal prosecution, as well as to a contractual penalty of €1,000 per established event, payable immediately.

Article 6 — Reviews and ratings

The Platform allows Individuals to leave a review of the Professional who responded to their Need. Reviews are public and contribute to the Professional's satisfaction index.

The User undertakes that their reviews are truthful, based on a real experience and not defamatory. The Publisher reserves the right to remove any review that is manifestly abusive, fraudulent or contrary to these Terms, without notice.

Article 7 — Intellectual property

All the elements making up the Platform (logo, graphic charter, structure, texts, source code, Matching algorithm) are the exclusive property of the Publisher and are protected by intellectual property law.

By publishing Content on the Platform, the User grants the Publisher a worldwide, non-exclusive, free license for the duration of legal protection, allowing the Publisher to display, reproduce and distribute this Content as part of the operation of the service.

Any unauthorized reproduction, representation or exploitation of all or part of the Platform is strictly prohibited and constitutes infringement.

Article 8 — Moderation and exclusion

The Publisher reserves the right to remove without notice any Content breaching these Terms, and to suspend or permanently delete the account of the responsible User, without this giving rise to any compensation.

The following may in particular lead to immediate exclusion:

• the creation of fake profiles or fake reviews;
• the harassment of other Users;
• any attempt at fraud or phishing;
• the distribution of viruses or malicious code;
• circumventing the Platform's security mechanisms.
• BusinessAffinity.fr explicitly prohibits child sexual abuse and exploitation (CSAE), as well as any content, contact, solicitation, behavior or sharing of child sexual abuse material (CSAM).

Any report related to child safety or a suspicion of CSAE can be sent to contact@businessaffinity.fr. BusinessAffinity.fr reviews these reports, removes the content concerned, suspends the accounts involved and cooperates with the competent authorities where required by law.

Article 9 — Limitation of liability

The Publisher makes every effort to ensure the availability and security of the Platform. However, its liability cannot be engaged for:

• damages resulting from use that does not comply with these Terms;
• data loss or service interruptions due to external causes;
• the behavior or services of the connected Users;
• inaccuracies in profile information or published needs.

In any event, the Publisher's liability is limited to direct damages and shall not exceed the amount of sums possibly paid by the User to the Platform during the twelve months preceding the damaging event.

Article 10 — External links

The Platform may contain links to third-party sites. The Publisher has no control over these sites and disclaims any responsibility for their content, privacy policy or practices.

Article 11 — Modification of the Terms

The Publisher reserves the right to modify these Terms at any time. Users will be informed of any significant change by email or notification on the Platform. Continued use of the Platform after notification constitutes acceptance of the new Terms.

Article 12 — Applicable law and disputes

These Terms are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution before any legal action. Failing that, the competent courts within the jurisdiction of Perpignan shall have sole jurisdiction.

Public sources consulted

• SWING FINANCES (S.W. FINANCES)