Terms of Use

PEAR Collections

This English version is provided for convenience only. The French version is legally binding.

1. Purpose

These Terms of Use (hereinafter "Terms") define the terms and conditions for access to and use of the PEAR Collections web application (hereinafter the "Application"), accessible after registration and authentication.

The Application allows users to manage collections of content (including text and images), which may be made public or private at the user's choice.

2. Acceptance of the Terms

Access to and use of the Application implies full acceptance of these Terms by the user. If the user does not agree with all or part of the Terms, they are invited not to use the Application.

3. Access to the Application

3.1 Registration and authentication

Access to the Application is reserved for users with an account, created:

• via third-party authentication (Google or Discord), or
• via a username and password.

The user agrees to provide accurate and up-to-date information and to keep their credentials confidential.

3.2 Availability

PEAR strives to keep the Application accessible but does not guarantee continuous, uninterrupted, or error-free availability. Access to the service may be temporarily or permanently suspended, notably for maintenance, updates, technical constraints, or security reasons.

No compensation may be claimed in the event of unavailability.

4. Service description

PEAR Collections offers a digital collection management service enabling:

• the creation, organization, and storage of content;
• optional publication of such content, under the user's sole responsibility.

PEAR reserves the right to develop, modify, or remove any part of the Application's features without notice.

4.1 Subscriptions

The Application offers a free "Freemium" access and a paid "Gold" subscription providing extended features. Subscription terms and pricing are displayed at the time of purchase.

Payments and subscription management are handled by Stripe. Users can subscribe, change, or cancel at any time via the Stripe interface. If a subscription is canceled, Gold features remain available until the end of the current billing period.

5. User content

5.1 User responsibility

Content (texts, images, links, descriptions, etc.) published or stored in the Application is provided under the user's sole responsibility who uploads it.

The user guarantees that they have all necessary rights (copyright, image rights, etc.) for the use and distribution of their content.

5.2 Prohibited content

It is strictly prohibited to publish, store, or make public any content:

• contrary to applicable French laws and regulations;
• of a child sexual abuse or exploitative nature or involving minors in a sexual manner;
• illegal pornographic content or content that infringes human dignity;
• inciting hatred, violence, discrimination, or racism;
• defamatory, insulting, threatening, or harassing;
• infringing privacy, third-party rights, or public order.

5.3 Moderation and removal

PEAR acts as a hosting provider under French law. As such, PEAR does not carry out systematic monitoring of content but reserves the right to:

• remove or make inaccessible any manifestly unlawful content;
• suspend or delete a user's account in case of violation of the Terms.

Any user may report unlawful content. PEAR undertakes to review reports as promptly as possible.

6. Personal data

Personal data collected as part of the use of the Application is processed in accordance with applicable regulations, including the General Data Protection Regulation (GDPR).

Details of data processing are specified in PEAR's privacy policy.

7. Intellectual property

The Application, its interface, its code, its databases, and its graphic elements are protected by intellectual property law and remain the exclusive property of PEAR or its partners.

Any unauthorized reproduction, modification, or use is strictly prohibited.

8. Liability

PEAR shall not be liable for:

• content published by users;
• direct or indirect damages resulting from the use or inability to use the Application;
• data loss, service interruptions, or technical malfunctions.

The user uses the Application at their own risk.

9. Account suspension and deletion

PEAR reserves the right to suspend or delete an account, without notice, in the event of:

• a violation of these Terms;
• fraudulent or abusive behavior;
• use of the Application for illegal purposes.

The user may also request account deletion at any time.

10. Changes to the Terms

PEAR reserves the right to modify these Terms at any time. Users will be informed of any substantial changes. Continued use of the Application constitutes acceptance of the new Terms.

11. Applicable law and jurisdiction

These Terms are governed by French law. In the event of a dispute, and failing amicable resolution, the French courts shall have exclusive jurisdiction.