TERMS OF USE

These Terms of Use (the "Terms") are entered into between you, the user of our Services ("you", "your"), and Les Technologies FEST inc. ("FEST", "we", "us", "our"), located at 13 T Rue Roche Bonnet, 63400 Chamalières, France.

These Terms set out your rights and obligations when you use our website, our mobile application FEST (the "Application"), our FEST Crew tools and our related services (collectively, the "Services"). Please read them carefully before using or accessing the Services.

If you wish to use the Services, you must agree to be bound by these Terms and to comply with them. Any use of the Services means that you accept these Terms. If you do not accept them, do not access or use the Services, and close your account.

Your use of the Services is also subject to our Privacy Policy (https://festapp.io/privacy), which explains how we collect, use and share Personal Information when we provide the Services.

If you have questions, complaints or claims about the Services, including the Application, you can contact us at support@festapp.io.

These Terms take effect on the earlier of the date on which you (a) download the Application, if these Terms are identified in the App Store or Google Play, or (b) accept these Terms (the "Effective Date").

WHAT'S IN THESE TERMS OF USE?

  1. 1. Definitions
  2. 2. Accounts
  3. 3. Modifications
  4. 4. Acceptable Use
  5. 5. User Content, Reviews and Moderation
  6. 6. Games, Prizes and Points
  7. 7. Tickets and Payments
  8. 8. Community Contribution (FEST Crew)
  9. 9. Intellectual Property; Data
  10. 10. Mobile Devices; Application
  11. 11. Confidentiality
  12. 12. Representations and Warranties
  13. 13. Indemnification
  14. 14. Disclaimer
  15. 15. Term and Termination
  16. 16. Governing Law and Jurisdiction
  17. 17. Force Majeure
  18. 18. General Terms
  19. 19. Contact Us

1. Definitions

  • "Content" means any information, data, document, details, graphics, logos, images, audio clips, videos, stories, blog posts, digital downloads and other content provided by FEST through the Services.
  • "Contributive Content" means any User Data and information (artists, schedules, locations, etc.) submitted, uploaded and/or posted by members of the FEST Crew through the FEST Crew tools to enrich the Festival Content. Contributive Content becomes an integral part of the Festival Content and is subject to Section 8.
  • "Festival Content" means any information, data, document, details, graphics, logos, images, audio clips, videos, stories, blog posts, digital downloads and other content about a festival that is posted through the Services so that it may be publicly displayed in the context of the Services.
  • "User Content" means any User Data, information, data, document, details, reviews, ratings, images, videos and other content transmitted, uploaded and/or posted by you through the Services.
  • "Anonymized Data" means all Usage Data, User Data and other data generated by the Services that have been processed by adequate technology or a de-identification method recognized by industry standards and which, consequently, no longer allow for the identification of an identified or identifiable person. For certainty, Anonymized Data does not include Personal Information.
  • "User Data" means (i) any Personal Information; and (ii) any data generated or submitted by you through the Services, including any User Content. Notwithstanding any provision to the contrary in these Terms, Anonymized Data and Usage Data are not User Data.
  • "Usage Data" means data entered through and/or generated by the Services regarding statistics, trends, performance and analytics, such as pages viewed, performance statistics, errors and electronic attributes of devices, such as the name and version of the web browser, the operating system and the country. Usage Data is generally used to improve our Services, monitor their performance and identify their most popular features.
  • "FEST Crew" means the group of volunteer users who help enrich the Festival Content, notably by submitting information about festival lineups and schedules through the FEST Crew tools.
  • "Confidential Information" means any information of a party (the "Disclosing Party") that is or will be in the possession of the other party (the "Receiving Party") and is of a confidential or proprietary nature, including technical information such as know-how, software, source code, algorithms, specifications, formulas and trade secrets, and commercial information such as information on costs, profits, pricing policies, markets, sales, suppliers, customers, future development plans, marketing plans or strategies and other information of a similar nature that a party does not generally disclose to the public.
  • "Mobile Operators" means the companies that own the operating systems of the mobile devices through which you download, access and/or use the Application, such as Apple or Google.
  • "Organizer" means any business, entity or organization that organizes a festival or similar event presented through the Services.
  • "Intellectual Property" means any intellectual property, including, without limitation, works, inventions (patentable or not), discoveries, improvements, trade secrets, know-how, data, information, images, reports, results, analyses, software, models, technical information, prototypes, specifications, drawings, algorithms, products, processes, methods, devices, computer programs, trademarks, and all property rights provided by patent law, copyright law, trademark law, industrial design law or any other legal provision applicable to the protection of intangible information or property rights, including trade secret law, as well as all applications, registrations or any other proof of a right in any of these elements.
  • "Personal Information" means information that corresponds to the definition of "personal information", "personal data" and/or any similar term under applicable laws and which is (i) submitted by you through the Services or (ii) collected or generated by the Services.

2. Accounts

You represent and warrant that you are at least fourteen (14) years of age. You may only create an account if you are at least fourteen (14) years old. If you are below the age at which you can consent to the processing of your Personal Information in your country (15 in France), you may only use the Services with the consent of a parent or guardian. Some events, and some features such as cashless payments, may require you to be older; it is your responsibility to check with the Organizers and the relevant partners.

You can create an account with your email address or through a sign-in provider such as Apple or Google. You are responsible for the confidentiality of your account credentials and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized use of the Services. You may not share your account, allow third parties to use it, or help a person who is not a registered user access the Services.

You must inform us immediately if you become aware of any unauthorized use of your login credentials, and change your credentials using the features made available to you.

3. Modifications

We may modify our Services, for example by adding new features over time, at our sole discretion exercised in a reasonable manner. If we make a material modification to the Services, we will inform you.

We may need to modify these Terms to adapt to new technologies, features, regulatory requirements or other legitimate business needs. If we do, we will inform you at least 30 days in advance in the Services and/or by email, with a notice setting out the proposed changes, the date on which they will take effect, how you can respond to the notice and the consequences of not doing so.

4. Acceptable Use

When you use our Services, you must follow certain rules. If you do not follow them, we may remove your content, restrict or block your access to the Services, or close your account, and we will consider it a material breach of these Terms. These are your obligations, and we are not responsible for damages resulting from your failure to meet them. You may not encourage others to break these rules either.

Here are these rules:

  • a. Do not decompile, disassemble, reverse engineer, modify or create derivative works of the Services, or access interfaces of the Services that are not intended for users;
  • b. Do not attempt to obtain unauthorized access to the Services, or otherwise circumvent the protection or monitoring mechanisms of the Services;
  • c. Do not access the Services to build a similar or competing product or service, or to copy the ideas, features, functions or graphics of the Services;
  • d. Do not impersonate any person, including by registering with the identity of another person;
  • e. Do not access, search or create accounts for the Services by means other than our public interfaces (for example, by "scraping" or creating accounts in bulk);
  • f. Do not abuse games, promotions or points, for example by using several accounts, automated tools or false information to win prizes or earn points;
  • g. Do not use the Services in violation of applicable laws, including to send unsolicited communications, promotions, advertisements or spam to users;
  • h. Do not hack us! This means that you may not scan, probe or test the vulnerabilities of the Services, introduce malicious software, or launch denial-of-service attacks;
  • i. Do not post User Content that is illegal, hateful, harassing, threatening, sexually explicit, violent, defamatory, misleading or promotional, that infringes the rights of others, including their Intellectual Property, privacy or image rights, or that reveals the personal information of others without their consent;
  • j. Do not post fake reviews, reviews of events you did not attend, or reviews written in exchange for a payment or benefit, and do not try to manipulate ratings.

We respect freedom of expression and diversity of opinions, and we expect the same from you. Be respectful towards other users, Organizers and us, take responsibility for your words, and say nothing online that you would not say in person.

5. User Content, Reviews and Moderation

  • Reviews: you can review a festival edition once it has started, with one review per edition. Your review must reflect your genuine experience. We check every review before it is published, and again when it is edited, to make sure it complies with these Terms; we may refuse to publish a review that does not. We do not verify that the author of a review attended the event or holds a ticket. Published reviews, ratings and photos, together with your username and profile picture, are shown in the Application and on our websites, and other users can like them.
  • Moderation: we may use automated tools, including artificial intelligence, and human review to detect User Content that breaches these Terms or the law. We may refuse, remove or restrict access to such content and suspend or close the accounts concerned. Where required by law, we will inform you of our decision and its reasons, and you can contest it by contacting us.
  • Reporting content: if you believe that content available through the Services is illegal or breaches these Terms, contact us at support@festapp.io, indicating where the content is located, why you believe it should be removed, and your name and email address. We will review your report and take appropriate action.

You remain responsible for your User Content and must hold all the rights needed to post it, including the consent of the people who appear in your photos and videos.

6. Games, Prizes and Points

  • Games: Organizers, sometimes with their sponsors, may offer games through the Services, such as forms, quizzes, scratch cards and wheels. Each game is run by the Organizer named in it, which is responsible for the game, its rules and its prizes; FEST only provides the technology. The rules, limits and prize conditions shown in the game apply in addition to these Terms. In instant games, results are determined at random by our system, according to the odds set by the Organizer. In draws, the Organizer selects the winners and contacts them, generally by email. When you enter a game, the Organizer receives your name, email address and answers. We and the Organizer may disqualify any entry that breaches the rules or these Terms. Apple and Google are not sponsors of, and are not involved in, any game offered through the Services.
  • Prizes: prizes are provided by the Organizer or its sponsors, subject to the conditions and expiry dates shown with them. FEST is not responsible for delivering prizes or for their quality.
  • Points: you can earn points for certain actions in the Application, such as publishing reviews. Points recognize your participation; they have no monetary value, cannot be exchanged for money, sold or transferred, and do not constitute remuneration. We may change how points are earned and displayed, and cancel points obtained by fraud or in breach of these Terms. Your points are lost when your account is deleted.

7. Tickets and Payments

  • Tickets: you can add tickets you hold to the Application to keep them in one place. We read the information on your tickets, including with automated tools and artificial intelligence, to display them. FEST does not sell tickets and does not guarantee that a ticket is valid: adding a ticket to the Application does not validate it, and entry to an event is governed by the conditions of the Organizer and its ticketing provider. Only add tickets you are entitled to hold.
  • Cashless payments: some festivals offer cashless accounts through our payment partners. Top-ups, payments and refunds are provided by the payment partner and the Organizer under their own terms; FEST is not a party to these transactions and does not hold your funds. Refund requests must be made within the period set by the Organizer and the payment partner.
  • Purchases from third parties: links to buy tickets or other products from Organizers or other third parties take you to their services, and any purchase is made directly with them.

8. Community Contribution (FEST Crew)

  • a. Nature of the contribution. Membership in the FEST Crew is free, voluntary and without financial compensation. The FEST Crew is a community and volunteer initiative. FEST Crew members (i) have no obligation to perform work, to spend a set number of hours or to achieve results; (ii) act independently, without any relationship of subordination with FEST; and (iii) participate primarily to enrich the FEST ecosystem for their own use and that of the user community.
  • b. Recognition. To recognize their contributions, FEST may offer FEST Crew members non-monetary perks, such as recognition in leaderboards, merchandise or invitations. These perks are symbolic, are in no case remuneration or compensation for work, and may change at any time.
  • c. Assignment of Contributive Content. By submitting Contributive Content through the FEST Crew tools, you irrevocably assign to FEST, free of charge, all Intellectual Property rights in this Contributive Content (including the rights of reproduction, representation and adaptation), worldwide and for the legal duration of these rights, so that FEST may integrate, modify and use it to provide the Services.

9. Intellectual Property; Data

Our trademarks, logos, products and services are our Intellectual Property. Unless the law allows otherwise, do not use or display our trademarks in any manner without our prior consent.

Notwithstanding any provision to the contrary, we are the sole owners of suggestions, requests for improvement, recommendations or other feedback that you provide to us about the Services, and you hereby assign to us, without limitation of any kind, all your rights, titles and interests in them, and we accept this assignment.

All titles, ownership rights and Intellectual Property rights in the Services and all copies of them belong to us and our licensors. All rights are reserved, unless expressly stated otherwise in these Terms. The Content belongs to us, and the Festival Content belongs to the Organizers, except for the Contributive Content assigned to FEST under Section 8. No part of the Services may be reproduced in any form or by any means, except as expressly authorized by these Terms.

You hold all rights, titles and interests in your User Data. You grant us a revocable (but only as provided in these Terms), fully paid-up, non-exclusive, royalty-free, limited and worldwide license to host, aggregate, reproduce, adapt, distribute, use and display your User Data as necessary to provide the Services to users and Organizers, as described in Sections 5 and 6, and to exercise our rights and obligations under these Terms.

Notwithstanding any provision to the contrary in these Terms, you acknowledge that FEST holds all rights, titles and interests in the Anonymized Data and the Usage Data.

10. Mobile Devices; Application

You acknowledge that these Terms, including this Section, are entered into between you and FEST, and not with Apple or Google. We are solely responsible for the Application and its Content. The usage rules set out in the App Store or Google Play terms, as applicable, take priority over these Terms.

Subject to these Terms, and during the Term, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable and limited license to download, install, access and use the Application for your personal and lawful use.

This license applies to devices that you own or control and is subject to the rules of the Mobile Operators. If you use an iOS version of the Application, this license is valid only on Apple-branded products.

From time to time, we may publish updates, new versions or upgrades of the Application (together, the "Updates"). Updates are provided when available, at our sole discretion or as required by applicable law, and may include bug fixes, security updates, new features and improvements to existing features. It is your responsibility to install Updates. We may stop supporting previous versions of the Application, and we have no liability regarding their support and maintenance, including security patches. Install Updates to make sure you are using a secure version of the Application.

The Mobile Operators have no obligation to provide maintenance and support services for the Application.

We are solely responsible for any warranty set out in these Terms, whether express or implied, to the extent it is not effectively excluded. If the Application fails to conform to any applicable warranty, you may notify your Mobile Operator, which will refund the purchase price of the Application to you, if any. To the maximum extent permitted by applicable law, the Mobile Operator has no other warranty obligation regarding the Application, and any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to any warranty is our sole responsibility.

You acknowledge that we, and not the Mobile Operator, are responsible for addressing any claim by you or a third party relating to the Application or your possession or use of it, including (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

If a third party claims that the Application or your possession and use of the Application infringes its Intellectual Property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

You represent and warrant that (a) you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

To provide the Services, we rely on third parties. You agree to comply with the terms of third parties when you use the Services, including those of third-party websites and applications made available to you through the Services, sign-in providers, such as Apple or Google, and payment partners (the "Third-Party Material"). We are not responsible for Third-Party Material, and you use it at your own risk. We encourage you to review its terms of use and privacy practices before using it.

11. Confidentiality

Confidential Information does not include information that the Receiving Party can prove (i) is readily available to the public in the same form through no fault of the Receiving Party; (ii) does not originate from the Disclosing Party and was lawfully obtained by the Receiving Party in the same form from an independent third party without any restriction on disclosure; or (iii) does not originate from the Disclosing Party and was in the possession of the Receiving Party in the same form before being disclosed to it by the Disclosing Party.

The Receiving Party acknowledges that Confidential Information is proprietary information of the Disclosing Party and may constitute Intellectual Property of the Disclosing Party, whether or not it is protected by valid copyrights or patents.

The Receiving Party uses the Confidential Information of the Disclosing Party only for the purposes of these Terms and protects it with at least the same degree of care that it uses for its own Confidential Information, and in no case less than a reasonable degree of care.

The Receiving Party takes all reasonable measures to ensure that the Confidential Information of the Disclosing Party is not made available or disclosed by it or its representatives to third parties, except (i) if required by applicable law, including a valid court order; (ii) with the prior written consent of the Disclosing Party; (iii) if authorized by or reasonably inferred from these Terms; or (iv) to legal counsel or an auditor, or as reasonably required for the administration of a legal entity. The Receiving Party exercises reasonable diligence to ensure that its representatives are subject to the same confidentiality obligations.

The Receiving Party does not copy or reproduce the Disclosing Party's Confidential Information on any medium, unless necessary for the purposes of these Terms (including for backups and business continuity).

12. Representations and Warranties

FEST represents and warrants that the Services will be performed in a professional, diligent and workmanlike manner.

You represent and warrant that you comply with these Terms and with the laws applicable to your use of the Services.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold us (including our representatives) harmless from any claim, penalty, fine, cost, expense (including reasonable attorney fees), action, damage, loss or liability arising directly or indirectly from, related to or resulting from (i) your access to or use of the Services in a manner not authorized by these Terms, including any breach of Sections 2, 4, 5, 9 or 11; and (ii) your negligence, fraud and/or willful misconduct.

14. Disclaimer

FEST does not organize the festivals and events presented in the Services. To the extent permitted by applicable law, FEST is not responsible for verifying the information provided by Organizers or contributed by users, and does not guarantee that the Festival Content and other information about events, such as dates, lineups and schedules, are accurate, complete or up to date. Events may be changed or cancelled by their Organizers. You are responsible for checking the information about any festival with its Organizer. FEST does not verify whether Organizers comply with the laws applicable to them.

You are solely responsible for the accuracy, truthfulness and quality of your User Data, User Content and any content or information you provide through the Services. Subject to our moderation obligations under applicable law, we accept no liability regarding the accuracy, truthfulness and quality of User Data and User Content, including any infringement of Intellectual Property, applicable laws or privacy rights.

Recommendations and other results produced by the Services, including those produced with automated tools and artificial intelligence, are for information purposes only and may contain errors.

We do not operate the wireless communication networks or other communication services through which you may access the Services, and we have no control over them. Consequently, (i) we disclaim any liability for your use of these providers to access the Services, and (ii) we cannot guarantee the confidentiality or security of wireless data transmissions.

The Services may contain links to integration partners, websites or third-party content. We are not responsible for integration partners, websites or third-party content.

15. Term and Termination

These Terms take effect on the Effective Date and remain in full force and effect for as long as you use the Services (including for as long as the Application is installed on your device) (the "Term").

You can stop using the Services and delete your account at any time from the settings of the Application. Your account is deactivated immediately and deleted after a grace period of seven (7) days, during which signing in again cancels the deletion. What happens to your information is described in our Privacy Policy.

Either party may terminate these Terms for cause if the other party is in material breach of these Terms and has not remedied the breach within thirty (30) days of receiving a notice of material breach. We may also suspend or close your account without notice in the event of a serious breach of these Terms, such as fraud, abuse of games or illegal content.

All provisions which, by their nature, should survive the Term shall survive it.

16. Governing Law and Jurisdiction

16.1. Governing Law

These Terms, and any question arising from their interpretation or performance, are governed by the laws of France, excluding its conflict of laws rules.

16.2. Mandatory Consumer Law

Notwithstanding Section 16.1, if you are a consumer residing in a country other than France, you also benefit from the mandatory consumer protection provisions of the law of your country of residence, where they are more favorable to you.

16.3. Dispute Resolution

If a dispute arises between you and FEST in connection with these Terms:

  • a. We encourage you to contact us first at support@festapp.io to try to resolve the dispute amicably.
  • b. If the dispute is not resolved amicably, it will be submitted to the competent courts of Clermont-Ferrand, France, without prejudice to your right, as a consumer, to bring proceedings before the courts of your place of residence where the law allows it.

17. Force Majeure

FEST is not responsible for delays or failures to perform these Terms due to causes beyond its reasonable control, including natural disasters, floods, earthquakes, epidemics, pandemics, acts of government, strikes or other labor disputes, acts of war, civil unrest, denial-of-service attacks, ransomware and other cyber-attacks not caused or facilitated by our negligence, and failures of our hosting or telecommunications providers ("Force Majeure").

18. General Terms

The waiver of a breach of any provision of these Terms does not constitute, and shall not be construed as, a waiver of any other or subsequent breach.

If any provision of these Terms is held to be illegal or unenforceable, that provision shall be deemed severed without affecting the validity of the other provisions.

We may assign or transfer these Terms, in whole or in part, at any time in the context of a bona fide corporate reorganization, a sale of our assets, a merger, an acquisition or a judicial liquidation. You may not assign or transfer these Terms, in whole or in part, without our prior written consent, which shall not be unreasonably withheld. Any attempt to assign these Terms without our consent is void. You may not transfer or assign to anyone, temporarily or permanently, any right to use the Services or any part of them.

19. Contact Us

If you have any questions about these Terms or the Services, please contact us at:

Les Technologies FEST inc.
13 T Rue Roche Bonnet, 63400 Chamalières, France
support@festapp.io

Last updated: October 2026