GENERAL TERMS AND CONDITIONS

1. Identification of mydevicefinder.online

mydevicefinder.online can be contacted using the following contact details:

• e-mail address: contact@mydevicefinder.online

2. Services on offer

mydevicefinder.online offers its customers (the “Customers”) a service enabling them to geolocate a mobile phone by entering its telephone number (the “Services”) via the mydevicefinder.online platform (the “Platform”).

3. Information on the General Terms and Conditions

4. Conditions of access to Services

• (i) The Customer is a natural person with full legal capacity, or failing that the Customer is at least 15 years old or is between 13 and 15 years old and has obtained the agreement of his legal representative, and he undertakes to provide mydevicefinder.online with the email address of his representative so that mydevicefinder.online can contact him.
• (ii) The Customer is a consumer, defined as any natural person acting for purposes that do not fall within the scope of their professional activity.

5. How to access and subscribe to the Services

The Customer can access the Services by going directly to the Platform.

To subscribe to the Services, the Customer must complete the form provided on the Platform.

The Customer must provide mydevicefinder.online with all the information marked as mandatory.

Registration automatically leads to the opening of an account in the Customer’s name (the “Account”), which enables you to access the Services using your login and password.

6. Description of Services

6.1. Services

Before subscribing, the Customer acknowledges that he/she can find out about the characteristics of the Services and their constraints, particularly technical constraints, on the Platform.

The Customer acknowledges that the implementation of the Services requires being connected to the Internet and that the quality of the Services depends on this connection, for which mydevicefinder.online is not responsible.

The Services to which the Customer has subscribed are described on the Platform.

In particular, the Customer has access to geolocation Services, throughout the world, from a mobile telephone by entering its telephone number. When the Customer enters a telephone number on the Platform as well as its indicator to obtain its geolocation, mydevicefinder.online sends an SMS to the mobile phone with a URL link allowing acceptance of the geolocation.

The geolocation of the mobile phone can only be carried out, and the geolocation details of the mobile phone can only be sent to the Customer, if the person in possession of the mobile phone has accepted this request for geolocation details by clicking on the URL link received by SMS.

The mobile phone’s geolocation details are only valid when the person in possession of the mobile phone clicks on the URL link received by SMS.

mydevicefinder.online reserves the right to offer any other Service.

Any request to change the Services subscribed to must be the subject of a new subscription.

6.2. Supplementary benefits

6.2.1. Maintenance

For the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.

Concerning corrective maintenance, mydevicefinder.online makes its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Platform.

Concerning evolutionary maintenance, the Customer benefits for the duration of the Services from evolutionary maintenance, which mydevicefinder.online may carry out automatically and without prior notice, and which includes improvements to the Platform’s functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aimed at introducing minor or major extensions).

Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the corrective and evolutionary maintenance operations referred to above.

6.2.2. Hosting

mydevicefinder.online ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data entered on the Platform, on its servers or via a professional hosting provider, and on servers located in a territory of the European Union.

6.2.3. Technical assistance

In the event of any difficulty encountered when using the Services, the Customer may contact mydevicefinder.online using the contact details mentioned in the article “Identification of mydevicefinder.online”.

The technical support service is accessible from Monday to Sunday, from 8 am to 9 pm. Depending on the need identified, mydevicefinder.online will estimate the response time and keep the Customer informed.

7. Subscription period for Services

The Customer takes out a subscription to the Services (the “Subscription”).

The Subscription begins on the day it is taken out for a trial period of 48 hours (the “Trial Period”). It is tacitly renewed for a period of one month (the “Initial Period”) at the end of the Trial Period, unless the Customer unsubscribes before the end of the Trial Period under the conditions set out in the article entitled “Termination of Services”.

It is then renewed tacitly, for successive periods of the same duration as the Initial Period (together with the initial period, the “Periods”), from date to date, unless the Subscription is terminated under the terms of the “Termination of Services” article.

8. mydevicefinder.online financial conditions

8.1. Service prices

The price of the Services is € 0.50 for the Trial Period and € 29.90 per month for the Subscription.

The price of the Subscription, including the Trial Period, includes a limit of 30 requests for mobile phone geolocation coordinates per month. If the Customer reaches this limit of 30 requests for mobile phone geolocation coordinates per month, the Customer acknowledges and accepts that he/she will not be able to request additional geolocation coordinates until the following month.

When geolocation details are requested from a mobile phone, a text message is sent to the mobile phone entered by the Customer asking it to accept the geolocation request. The cost of sending this SMS is billed to the Customer at the rate of one SMS message.

The Customer acknowledges and accepts that any sending of an SMS is invoiced to the Customer, including cases where the SMS could not be sent to its addressee, due to circumstances outside or not attributable to mydevicefinder.online.

The prices shown on the Platform are in euros and exclusive of tax (excluding VAT).

In the event of the application of an exchange rate, the exchange costs applicable on the date of payment of the price shall be borne by the Customer. Where applicable, the Customer is solely responsible for the payment of all bank charges related to the payment of prices, with the exception of mydevicefinder.online’s bank charges.

Any Period started is due in full.

mydevicefinder.online is free to propose promotional offers or price reductions.

8.2. mydevicefinder.online invoicing and payment methods

mydevicefinder.online sends the Customer an invoice for each Period by any useful means.

Payment for the Subscription is made by bank card using the secure online payment services specified on the Platform.

The Customer guarantees that mydevicefinder.online has the necessary authorisations to use this method of payment.

8.3. Consequences of late or non-payment

In the event of non-payment or late payment, mydevicefinder.online reserves the right, from the day after the due date shown on the invoice, to immediately suspend the Services in progress until full payment of the sums owed and to charge late payment interest equal to the legal interest rate applicable on the date of the formal notice, based on the amount of the sums not paid by the due date and a fixed indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.

9. Customer’s right of withdrawal

The Customer has a right of withdrawal.

This right of withdrawal is 14 calendar days from acceptance of the Terms and Conditions. The Customer may exercise this right free of charge by sending a letter to mydevicefinder.online before the end of this period to the contact details mentioned in the article “Identification of mydevicefinder.online”:

• the completed withdrawal form available in Appendix 1,
• or any other unambiguous statement expressing the Customer’s wish to withdraw.

If the Customer exercises its right of withdrawal, mydevicefinder.online will reimburse all payments received, using the same means of payment that the Customer used (unless the Customer expressly accepts a different means), without undue delay and no later than 14 calendar days from the day on which mydevicefinder.online was informed of the Customer’s wish to withdraw.

10. Intellectual property rights

The Platform is the property of mydevicefinder.online, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or rights of producers of databases in force. The licence that mydevicefinder.online grants to the Customer does not entail any transfer of ownership.

The Customer is granted a non-exclusive, personal and non-transferable licence to use the Platform in SaaS mode for the period set out in the article “Duration of subscription to the Services”.

11. Customer obligations and liability

11.1. Concerning the provision of information

The Customer undertakes to provide mydevicefinder.online with all the information required to subscribe to and use the Services.

The Customer is solely responsible for their accuracy and completeness, and mydevicefinder.online cannot under any circumstances be held liable for any errors, typos, omissions or indications likely to mislead mydevicefinder.online or likely to prevent the SMS from being sent to the desired recipient.

11.2. Concerning the Customer Account

The Customer:

• guarantees that the information provided in the form is accurate and undertakes to keep it up to date,
• acknowledges that this information constitutes proof of its identity and is binding as soon as it is validated,
• is responsible for maintaining the confidentiality and security of his/her login and password. Any access to the Platform using these will be deemed to have been made by the User.

The Customer must immediately contact mydevicefinder.online at the coordinates mentioned in the article “Identification of mydevicefinder.online” if he notices that his Account has been used without his knowledge. The Customer acknowledges that mydevicefinder.online will have the right to take all appropriate measures in such a case.

11.3. Concerning use of the Services

Customers are responsible for their use of the Services and for any information they share in this context. They undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf.

The Customer undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:

• engage in any illegal or fraudulent activity,
• undermine public order and morality,
• prejudice third parties or their rights in any way whatsoever,
• violate any contractual, legislative or regulatory provision,
• engage in any activity likely to interfere with a third party’s computer system, in particular for the purpose of breaching its integrity or security,
• carry out manoeuvres aimed at promoting its services and/or sites or those of a third party,
• helping or inciting a third party to commit one or more of the acts or activities listed above.

The Customer also undertakes not to:

• copy, modify or misappropriate any element belonging to mydevicefinder.online or any concept that it exploits within the framework of the Services,
• adopt any behaviour likely to interfere with or hijack mydevicefinder.online’s computer systems or undermine its computer security measures,
• undermine the financial, commercial or moral rights and interests of mydevicefinder.online,
• market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to mydevicefinder.online.

The Customer guarantees mydevicefinder.online against any claim and/or action that could be brought against it following the breach of one of the Customer’s obligations. The Customer will compensate mydevicefinder.online for any damage suffered and will reimburse mydevicefinder.online for any sums it may have to bear as a result.

12. Obligations and liability of mydevicefinder.online

mydevicefinder.online undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means.

mydevicefinder.online undertakes to comply with the regulations in force.

12.1. Concerning the quality of Services

mydevicefinder.online makes its best efforts to provide the Customer with quality Services.

To this end, it carries out regular checks to verify the operation and accessibility of its Services and may carry out maintenance under the conditions specified in the “Maintenance” section.

mydevicefinder.online is however not responsible for difficulties or momentary impossibility of access to its Services due to:

• circumstances outside its network (and in particular the partial or total failure of the Customer’s servers),
• the failure of equipment, cabling, services or networks not included in its Services or which are not under its responsibility,
• interruption of the Services by telecom operators or Internet access providers,
• intervention by the Customer, in particular through incorrect configuration applied to the Services,
• force majeure.

mydevicefinder.online is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

Furthermore, it does not guarantee that the:

• subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,
• are standard and in no way tailored to the Customer’s personal constraints, and will respond specifically to the Customer’s needs and expectations.

12.2. Concerning the Platform service level guarantee

mydevicefinder.online will do its best to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of scheduled maintenance under the conditions defined in article “Maintenance” or force majeure.

12.3. Data storage and security

mydevicefinder.online provides sufficient storage capacity for the operation of the Services.

mydevicefinder.online makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.

12.4. Concerning the use of subcontractors and the sale of assets

mydevicefinder.online may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as mydevicefinder.online in the course of their work. Nevertheless, mydevicefinder.online remains solely responsible to the Customer for the proper execution of the Services.

mydevicefinder.online may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. Where applicable, it will inform the Customer of this substitution by any written means.

13. Limitation of mydevicefinder.online’s liability

mydevicefinder.online’s liability is limited to proven direct damage suffered by the Customer as a result of using the Services.

The Customer acknowledges and accepts that the geolocation information will only be provided as an indication, mydevicefinder.online giving no express or implicit guarantee as to the accuracy or completeness of this information.

The Customer is solely responsible for the use he makes of the Services and the geolocation coordinates obtained. In this respect, mydevicefinder.online cannot be held liable for any use or any decision made by the Customer on the basis of the geolocation data obtained via the Services.

Furthermore, the geolocation coordinates obtained via the Services are only valid at the time and on the day they are generated by mydevicefinder.online. mydevicefinder.online does not guarantee the validity or accuracy of these geolocation coordinates beyond the aforementioned period.

14. Methods of proof accepted

Proof may be established by any means.

The Customer is informed that the messages exchanged via the Platform as well as the data collected on the Platform and mydevicefinder.online’s computer equipment constitute one of the accepted methods of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

15. Processing of personal data

mydevicefinder.online is responsible for processing the Customer’s personal data and the telephone number provided in connection with geolocation requests, as well as the geolocation coordinates obtained, within the meaning of the General Data Protection Regulation (RGPD).

To find out more about the processing carried out by mydevicefinder.online, the Customer is invited to read mydevicefinder.online’s confidentiality policy, which is available on the Platform.

16. Respective obligations of the parties with regard to confidentiality

Unless otherwise agreed in writing by the other party, the parties undertake respectively to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they become aware in the course of entering into and performing their contractual relationship.

This obligation does not extend to information:

• of which the receiving party was already aware,
• already public at the time of their communication or which would become public without violation of this clause,
• lawfully received from a third party,
• whose communication would be required by the legal authorities, in application of the laws and regulations or with a view to establishing the rights of a party within the framework of the contractual relationship between the parties.

Confidential information may be passed on to the parties’ respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.

17. Force majeure

The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship.

If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations will be suspended on receipt of the letter, and will have to be resumed within a reasonable period of time once the case of force majeure has ceased.

The prevented party nevertheless remains bound to perform any obligations not affected by force majeure and to make any payments.

18. End of Services

The Subscription and the Trial Period may be terminated at any time by:

• the Customer, directly and free of charge via the functionality provided for this purpose through his Account or by requesting customer service via mydevicefinder.online chat or by sending an email to mydevicefinder.online,
• mydevicefinder.online, by sending an email to the Customer.

Any Period started is due in full. Cancellation is effective immediately.

The Customer no longer has access to their account once the Services have ended.

19. Penalties for non-compliance

The following are essential obligations to the Customer (the “Essential Obligations”):

• payment of the price,
• not to provide incorrect or incomplete information to mydevicefinder.online,
• not to use the Services for a third party,
• not to engage in illegal or fraudulent activities or activities that infringe the rights or safety of third parties, undermine public order or violate applicable laws and regulations,
• not to use the Services to harass or stalk people.

In the event of a breach of one of these Essential Obligations, mydevicefinder.online may:

• suspend or cancel the Customer’s access to the Services,
• publish on the Platform any information message that mydevicefinder.online deems useful,
• notify any competent authority, cooperate with it and provide it with any information that may be useful in investigating and punishing illegal or illicit activities,
• take any legal action.

These sanctions are without prejudice to any damages that mydevicefinder.online may claim from the Customer.

In the event of a breach of any obligation other than an essential Obligation, mydevicefinder.online will ask the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will be terminated at the end of this period if the breach is not remedied.

Termination of the Services entails deletion of the Customer’s Account.

20. Modification of the General Terms and Conditions

mydevicefinder.online may modify its General Terms and Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 1 month before they come into force.

The amended General Terms and Conditions apply as soon as they come into force.

If the Customer does not accept these changes, they must terminate their Subscription in accordance with the terms and conditions set out in the “Termination of Services” article.

If the Customer uses the Services after the entry into force of its modified General Terms and Conditions, mydevicefinder.online considers that the Customer has accepted them.

21. Language

In the event of any contradiction or dispute as to the meaning of a term or provision, the Cypriot language shall prevail.

22. Mediation

In the event of a dispute between the Customer and mydevicefinder.online, the Customer may have recourse free of charge to the following consumer mediator with a view to an amicable settlement:

If the Customer is a foreign consumer located in the European Union, he or she can go to the European platform for settling consumer law disputes, which can be accessed here.

23. Applicable law

The General Terms and Conditions are governed by Cypriot law.

If the Customer is a professional, in the event of a dispute concerning the validity, interpretation and/or performance of these general terms and conditions, the parties agree that the courts of Nicosia shall have exclusive jurisdiction, unless mandatory procedural rules dictate otherwise.

Appendix 1

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of: ___________________
Address: ___________________
Telephone: ___________________
E-mail address: ___________________

I hereby notify you of my withdrawal from the contract for the services: ___________________

If the refund is made in a form other than the initial means of payment: I expressly accept that the refund may be made by ___________________.

Registration on the ___________________ platform on ___________________.

Customer name: ___________________
Customer address: ___________________

Customer signature: ___________________
(only if this form is submitted on paper) Date: ___________________