Terms of use

1. Purpose of the service

Flagnow is a mobile app for photo challenges between friends, used for the length of an event: hen or stag party, birthday, wedding, ski trip, night out… An organiser creates the event and invites participants with a link or a code. During the event, challenges are set; participants take them on by taking a photo as proof, vote, earn points and can chat in the group.

The app is published by Audric Lima, sole trader (entrepreneur individuel) trading under the name ClickEasy (“the publisher”, “we”). Contact details are given in the legal notice.

2. Minimum age: 18

Flagnow is reserved for people aged 18 or over. Some challenges, designed for nights out between adults, may have a “spicy” tone; the app is rated for an adult audience on the app stores. By using Flagnow, you declare that you are an adult. If we learn that an account is being used by a minor, it may be deleted.

3. Account

There are two options:

• Anonymous guest account: you only choose a nickname. This account is tied to your device; if you uninstall the app or change phone without having converted it, you may lose it.
• Email account: you add an email address, confirmed by a code, and a password. You can then find your events on any device. This account is required to organise an event; guests can play without an account.

You are responsible for keeping your password confidential and for the accuracy of the information you provide. Your nickname must not impersonate another person or be offensive.

4. Events and challenges

The organiser chooses the event settings (dates, times, challenges) and may grant rights to co-organisers. Participants can suggest challenges, which the organiser accepts or not. The challenges are a game: nobody is obliged to take on a challenge, and everyone is free to refuse anything that makes them uncomfortable. It is forbidden to take on a challenge in a way that puts yourself or others in danger, breaks the law or disturbs people outside the group.

5. Image rights and consent

Everyone has the right to respect for their private life and their image (article 9 of the Code civil, the French Civil Code). Before photographing someone and posting the photo in the app, you must obtain their consent, including when they are a member of the group. This applies all the more to people who are not taking part in the event (passers-by, waiting staff, other customers…): without their clear consent, do not photograph them in a way that makes them recognisable.

Anyone who appears in a photo may at any time ask for it to be removed, from the person who took the photo, from the organiser, through the in-app reporting feature or at contact@flagnow.fr. You are solely responsible for the photos you post.

6. Prohibited content

It is forbidden to post, in photos, suggested challenges, nicknames or the chat:

• nudity or sexual content;
• hateful, racist, sexist, homophobic or discriminatory content, or content glorifying violence or terrorism;
• humiliating or degrading content, harassment or mockery targeting a person;
• content showing or encouraging dangerous or illegal behaviour, drug use or drink-driving;
• any content involving minors;
• content that infringes the rights of others (privacy, image, copyright, trade marks);
• personal data of third parties (address, phone number…) posted without their consent;
• advertising, spam or fraudulent links.

7. Custom challenges and alcohol

The organiser and participants can write their own challenges. These custom challenges are the responsibility of the organiser, who approves them; they must comply with these terms. Flagnow does not encourage drinking alcohol: no challenge requires you to drink, and a challenge involving alcohol can always be refused or done without alcohol. Alcohol abuse is dangerous to your health: drink in moderation, and never before driving.

8. Reporting and moderation

Every photo, challenge or message can be reported from within the app. Illegal content can also be reported to contact@flagnow.fr, stating the content concerned, the event and the reason for the report.

We review reports as quickly as possible. We may remove content that breaks the law or these terms, and suspend or delete its author's account, in particular in the event of a serious or repeated breach. Unless this is impossible or the law requires otherwise, the person concerned is informed of the decision and the reasons for it, and may challenge it by replying to that message. Manifestly illegal content is reported to the authorities where the law requires it.

9. Your content and how long it is kept

You remain the owner of the photos and messages you post. You grant the publisher, worldwide and free of charge, the right to store, reproduce and display them to the members of the event concerned, solely to operate the service and for as long as they are kept. They are neither sold nor used for advertising purposes.

Photos remain available to the members of the event, in the app and on flagnow.fr, for as long as the event exists. They are deleted if no member has logged in for 3 years, or sooner on request to contact@flagnow.fr. Chat messages are deleted 15 days after the end of the event.

The organiser can create a keepsake link (the event in read-only mode, for example for the star of the day or their family) and a friends link (people close to the group follow the game and can like and comment on photos, without playing or seeing the chat). Anyone who has these links can see the event's photos: the organiser chooses who to send them to and can deactivate them at any time.

10. Purchases and subscriptions

Challenge packs (bought for life) and the Flagnow+ subscription are sold only through the App Store (Apple) or Google Play, at the price shown in the app before purchase; payment and billing are governed by the store's terms. The free version shows a few ads, never during play; an advertising video watched voluntarily can unlock an extra challenge (3 at most per event).

A subscription renews automatically until it is cancelled. To cancel it, go to your store's subscription settings (Apple ID settings, or Google Play › Payments & subscriptions): deleting the app or the account does not stop billing. For digital content supplied immediately after purchase, by confirming the purchase you agree that it is supplied straight away and thereby waive your right of withdrawal (article L221-28 of the Code de la consommation, the French Consumer Code). Refund requests follow the procedure of the store concerned.

The printed photo album

The album is a book printed from the event's photos, sold by the publisher (ClickEasy) from the app or the website. The price shown, including delivery, is the final price (VAT not applicable, article 293 B of the CGI, the French General Tax Code). Payment is made by bank card, Apple Pay or Google Pay through our payment provider Stripe: we never receive your bank details. The album is printed and shipped by our partner Gelato to the address given at payment, usually within 5 to 10 working days; delivery tracking is shown in the app.

As the album is made to your specifications (your photos, your text), the right of withdrawal does not apply (article L221-28, 3° of the Code de la consommation). In the event of a printing defect or a lost or damaged parcel, write to us at contact@flagnow.fr with a photo of the problem: the album will be reprinted free of charge or refunded. The statutory guarantees of conformity and against hidden defects apply.

11. Account deletion

You can delete your account at any time from the app: Profile › My account › Delete my account. The steps and consequences are set out on the Delete my account page. We may also delete an account in the event of a breach of these terms, or a guest account that has been inactive for 12 months.

12. Liability

We do our best to make sure the app works properly, but cannot guarantee that it will be free of interruptions or errors; the service may be suspended for maintenance. For content posted by users, we act as a hosting provider: we do not check it before it is posted, but we act promptly to remove content reported to us as manifestly illegal.

Each user is responsible for their content, their behaviour during the event and the challenges they choose to take on. The organiser is responsible for the custom challenges they approve. We cannot be held liable for damage resulting from use of the app in breach of these terms or of the law. Nothing in these terms limits the rights you have under the law as a consumer.

13. Changes

These terms may change, for example when purchases are opened. In the event of a significant change, you will be informed in the app before it takes effect. If you refuse the new terms, you can delete your account.

14. Governing law and disputes

These terms are governed by French law. If there is a problem, please write to us first at contact@flagnow.fr: we will look for an amicable solution.

If you are a consumer and the disagreement persists after this written complaint, you may use a consumer mediator free of charge (articles L611-1 et seq. of the Code de la consommation). The mediator's details (name, postal address and website) will be given here before purchases are opened in the app.

Failing an amicable agreement, the dispute will be brought before the competent French courts. If you are a consumer, you may refer the matter to the court of the place where you lived at the time the contract was concluded or the harmful event occurred.