Last updated: January 2025
These Terms of Service (hereinafter "Terms") define the rights and obligations of the parties in connection with the use of the FamilyCircl mobile application (hereinafter "the Application"), published by MotDiese, a simplified joint-stock company (SAS), registered with the Paris Trade and Companies Register under number 803 625 516 R.C.S. Paris, with its registered office at 12 rue Vivienne, 75002 Paris, France (hereinafter "the Company" or "the Publisher").
These Terms apply to any individual or legal entity (hereinafter "the User") downloading, installing, or using the Application on iOS (App Store) and Android (Google Play Store) platforms, whether free (trial period) or paid (subscription).
By downloading, installing, or using the Application, the User acknowledges having read these Terms, fully understood them, and accepts them without reservation. If the User does not accept these terms, they must refrain from using the Application.
These Terms govern the conditions under which the Company provides the User with a family location mobile application allowing members of the same family to share their geographic location in real time, create safety zones, and receive personalized alerts (hereinafter "the Services"). They define the terms of access, use, payment, and the respective rights and obligations of the parties.
These Terms apply to all Services offered through the Application, whether accessible free of charge during the trial period or via a paid subscription. They also apply to any subscription made by the User, whether for the trial period or the monthly subscription.
The User accepts these Terms when downloading the Application, creating an account, or subscribing. This acceptance is evidenced by checking the box during registration. Any use of the Services following an update to the Terms constitutes acceptance of the new conditions.
Use of the Application is also subject to the terms of use of the distribution platforms:
FamilyCircl offers the following features:
The Premium subscription provides access to the following features:
Using the Application requires:
Important: Location Services require the explicit consent of each family circle member. Each user must voluntarily:
The Company does not guarantee obtaining a location if a member refuses to share their location or disables GPS services on their device.
To access the Services, the User must:
The User agrees not to use the Services for illegal purposes, contrary to public morals, or infringing on the rights of third parties.
Access to the Services requires creating a user account. The User agrees to:
The User is solely responsible for all activity performed under their account.
The User can create a family circle and invite other members to join. The circle creator has the following administrative rights:
Each invited member must expressly agree to join the circle and share their location with other members.
The User expressly agrees to:
The User is solely responsible for their use of the Services and the resulting consequences. They are prohibited from:
The Company reserves the right to suspend or terminate a User's access to the Services, without notice or compensation, in the following cases:
The User may also request deletion of their account at any time from the Application settings or by contacting customer support.
The Services are accessible under the following pricing terms:
Prices are shown inclusive of all taxes. The Company reserves the right to modify its prices at any time. New pricing conditions will apply to new subscriptions and renewals after their publication on the Application.
The 48-hour free trial period allows the User to discover all Premium features without financial commitment. At the end of this period:
The monthly subscription renews automatically each month on the same date, unless canceled by the User. Renewal occurs 24 hours before the end of the current period.
To avoid any unwanted renewal, the User must cancel their subscription at least 24 hours before the renewal date.
Payments are managed exclusively by the distribution platforms:
The Company does not have access to the User's banking data, which is processed exclusively by Apple or Google depending on the platform used.
The User may cancel their subscription at any time from:
Cancellation takes effect at the end of the current billing period. The User retains access to Premium features until that date.
Important: Deleting the Application is not sufficient to cancel the subscription. The User must cancel via their App Store or Google Play Store account settings.
In accordance with applicable consumer protection laws, the right of withdrawal may not be exercised for contracts for the supply of digital content not supplied on a tangible medium if the performance has begun with the consumer's prior express consent.
However, the Company offers a 48-hour free trial period allowing the User to test the Services before any financial commitment.
Refund requests must be addressed directly to the distribution platforms:
The Company may also consider exceptional refund requests sent to its customer support.
All elements of the Application (texts, images, logos, icons, software, databases, design, architecture, source code, etc.) are the exclusive property of the Company or its partners and are protected by French and international intellectual property laws.
Any reproduction, representation, modification, publication, adaptation, total or partial exploitation of these elements, by any means whatsoever, is strictly prohibited without the prior written authorization of the Company.
The Company grants the User a personal, non-exclusive, non-transferable, and revocable license to use the Application for the duration of their subscription. This license is limited to:
"FamilyCircl" and the associated logo are registered trademarks of the Company. Any use, reproduction, or representation of these trademarks without authorization constitutes infringement subject to civil and criminal penalties.
The User remains the owner of the personal data they transmit via the Application (name, first name, profile photo, etc.). They grant the Company a limited license to process this data solely for the purpose of providing the subscribed Services, in accordance with the Privacy Policy.
The Company undertakes to:
The Company shall not be held liable in the following cases:
The Company does not guarantee:
The User is solely responsible for:
Neither party shall be held liable for failure to fulfill its obligations resulting from force majeure as defined by applicable law, including: natural disasters, wars, acts of terrorism, strikes, general telecommunications network failures, government decisions, pandemics.
The Company collects and processes the User's personal data in accordance with the General Data Protection Regulation (GDPR) No. 2016/679 and applicable data protection laws.
Data collected includes:
For more information on personal data processing, see our Privacy Policy.
Personal data is collected for the following purposes:
Under the GDPR, the User has the following rights regarding their personal data:
These rights may be exercised by contacting our customer support at: support@familycircl.com
Location data is retained for a maximum period of 30 days. Account data is retained for the duration of the subscription and deleted within 30 days following account deletion, unless legally required to retain it.
The Company implements appropriate technical and organizational measures to protect personal data against unauthorized access, modification, disclosure, or destruction, including:
The Company reserves the right to modify these Terms at any time. Modifications will be notified to Users by email and/or via the Application at least 30 days before they take effect.
Continued use of the Services after the effective date of the new Terms constitutes acceptance thereof. If the User does not accept the modifications, they must stop using the Services and cancel their subscription.
If one or more provisions of these Terms are held invalid or declared as such under any law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
The Company's failure to enforce any breach by the User of any obligation under these Terms shall not be construed as a waiver of the obligation in question.
These Terms, the Privacy Policy, and the terms of the distribution platforms (App Store, Google Play) constitute the entire agreement between the parties regarding the use of the Services.
These Terms are governed by French law. Any dispute relating to their interpretation or execution shall be submitted to the competent courts of Paris, subject to mandatory legal provisions applicable to consumers allowing them to bring proceedings before the courts of their place of residence.
In the event of a dispute not resolved with our customer service, the User may use the online dispute resolution platform established by the European Commission: https://ec.europa.eu/consumers/odr
For any questions regarding these Terms, the Services, or your account, you can contact our customer service:
Our team is committed to responding within 48 business hours.
MotDiese SAS
12 rue Vivienne
75002 Paris, France
RCS Paris 803 625 516
Email: support@familycircl.com