General Terms of Use for the BOB (Borrow and Back) Application

Preamble

These General Terms of Use (hereinafter "Terms") govern access to and use of the BOB – Borrow & Back mobile application and website (hereinafter "the Application"), published by BOB BORROW & BACK, a simplified joint-stock company (SAS) with a share capital of €10,000.00, registered with the Toulon Trade and Companies Register under number 940 267 057, with its registered office at 52 Chemin de la Closerie des Lilas (VC 217), 83500 La Seyne-sur-Mer, France.

These Terms are established in accordance with the provisions of the French Civil Code, the French Consumer Code, and Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy (LCEN).

1. Acceptance of Terms

By downloading, installing, or using the BOB application, you acknowledge that you have read these Terms and accept them without reservation. If you do not agree to these Terms, please do not use the Application.

Use of the Application constitutes full and unreserved acceptance of these Terms as well as our Privacy Policy.

2. Purpose of the Application

The BOB application aims to facilitate the lending and borrowing of items or services between individuals, within trusted circles or local communities.

The Application connects users but does not intervene in physical exchanges or disputes between users. BOB BORROW & BACK acts solely as a technical intermediary within the meaning of article 6-I-2 of the LCEN.

The main features are:

• Borrow: find items or services available near you
• Lend: offer unused items to your network
• Services: share skills or time among members
• Create a collective: build trusted groups (family, neighborhood, association)

3. Registration and User Accounts

A personal account is required to access the Application's features. The user agrees to:

• Provide accurate, complete, and up-to-date information upon registration
• Maintain the confidentiality of their login credentials
• Assume full responsibility for all activity carried out under their account
• Immediately inform BOB BORROW & BACK of any unauthorized use of their account

In accordance with articles 1145 et seq. of the French Civil Code, use of the Application is reserved for individuals aged 18 or over with full legal capacity.

BOB BORROW & BACK reserves the right to suspend or delete any account in case of non-compliance with these Terms, without prior notice or compensation.

4. Code of Conduct

Users agree to behave respectfully and responsibly. It is strictly forbidden to:

• Publish or share illegal, offensive, defamatory, discriminatory, or misleading content
• Impersonate another person or entity
• Commit fraudulent, abusive, or malicious acts
• Infringe intellectual property rights or the privacy of others
• Use the Application for unauthorized commercial purposes
• Attempt to circumvent the Application's security measures

Any violation of these rules may result in the immediate suspension of the account and, where applicable, a report to the competent authorities in accordance with article 6-I-7 of the LCEN.

5. User-Generated Content

The Application allows users to exchange messages, item descriptions, or other content. To ensure a safe environment:

• Users can report inappropriate content or behavior directly in the Application.
• The BOB team commits to handling reports within a maximum of 24 hours, in accordance with LCEN obligations.
• Any abusive, illegal, or inappropriate content may be removed without prior notice, and the users involved may be suspended.

Users retain intellectual property rights over their content but grant BOB BORROW & BACK a non-exclusive, free, worldwide license for the duration of their use of the Application, solely for its operation.

6. Personal Data Protection

BOB BORROW & BACK is committed to protecting users' personal data in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679) and French Law No. 78-17 of January 6, 1978 (Data Protection Act).

The data collected is necessary for the provision of the service and is processed in accordance with our Privacy Policy.

In accordance with articles 15 to 22 of the GDPR, you have the right to access, rectify, delete, restrict, object to, and port your data. To exercise these rights: contact@bobapp.fr

7. Intellectual Property

All elements of the Application (texts, graphics, logo, icons, software, databases, etc.) are protected by intellectual property law and remain the exclusive property of BOB BORROW & BACK.

In accordance with articles L.335-2 et seq. of the French Intellectual Property Code, any unauthorized reproduction, representation, or exploitation constitutes infringement subject to criminal penalties.

8. Limitation of Liability

The Application is provided "as is." BOB BORROW & BACK makes every effort to ensure the availability and proper functioning of the service but does not guarantee the absence of errors, failures, or interruptions.

In accordance with article 6-I-2 of the LCEN, BOB BORROW & BACK, acting as a host, cannot be held liable for content published by users, unless, having been made aware of its illegal nature, it did not act promptly to remove it.

The quality, compliance, or return of items lent through the Application is the sole responsibility of users. BOB BORROW & BACK does not guarantee the accuracy of information provided in profiles or listings.

In any event, the liability of BOB BORROW & BACK shall not exceed the amount of any sums paid by the user during the preceding 12 months.

9. Right of Withdrawal

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to services fully performed before the end of the withdrawal period and whose execution began with the consumer's agreement.

As the Application is free of charge, no right of withdrawal applies to downloading and using the service.

10. Changes to the Terms

BOB BORROW & BACK reserves the right to modify these Terms at any time. Users will be notified of any substantial changes via a notification in the Application or by email.

Continued use of the Application after notification of changes constitutes acceptance of the new Terms. If you disagree, you must stop using the Application and delete your account.

11. Applicable Law and Dispute Resolution

These Terms are governed by French law.

In accordance with articles L.611-1 et seq. of the French Consumer Code, in the event of an unresolved dispute, the consumer may free of charge refer the matter to a consumer mediator for amicable resolution. The competent mediator can be reached via the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

Failing amicable resolution or mediation, exclusive jurisdiction is granted to the competent courts of Toulon (Var).

12. Contact

For any questions regarding these Terms, you can contact BOB BORROW & BACK:

• Email: contact@bobapp.fr
• Phone: +33 6 25 48 29 33
• Address: 52 Chemin de la Closerie des Lilas (VC 217), 83500 La Seyne-sur-Mer, France