Terms of service
Purpose
These Terms of Service ("Terms") define the conditions for accessing and using the Toplio website (the "Service"), published by Viky Gillard (sole proprietorship, SIRET 89260479400016). Using the Service implies full acceptance of these Terms.
Service description
Toplio is a competitive ranking and promotion platform for listings. Users can: • create a free account and publish up to 5 listings (physical businesses or digital activities); • purchase or earn internal credits ("points"); • use these points to boost listings' visibility and improve their ranking; • browse rankings from world to local level; • vote for the monthly association that will receive a share of the revenue. Points have no monetary value, cannot be exchanged for money and cannot be transferred outside the Service.
Account creation and access
Registration is free and requires a valid email address. Users must provide accurate information and keep it up to date. The account is strictly personal and confidential: users are solely responsible for the security of their credentials and for any activity carried out from their account. In case of unauthorized use, the user must notify Toplio without delay. Toplio reserves the right to refuse, suspend or remove any account that does not comply with these Terms or applicable law.
User content
Users are solely responsible for the content they publish (titles, descriptions, images, logos, contact details, external links). Users commit to publishing only content: • for which they hold all necessary rights; • that is accurate, up to date and not misleading; • that respects public order, human dignity, third parties' privacy and intellectual property rights; • that is non-discriminatory, non-hateful, non-violent, non-pornographic and not illegal. Are notably forbidden: promotion of illegal activities, hate speech, harassment, spam, sexually explicit content, unregulated gambling, weapons, drugs and counterfeit goods.
Listing modification
To preserve the fairness of the competitive ranking, listings cannot be edited once published. To update a listing, the user must delete it and recreate it; the points invested in it are automatically refunded to the user's balance according to the rules in force.
Points and purchases
Points can be obtained: • for free, within the limits set by Toplio (daily credits, bonuses, etc.); • by purchasing point packs through the payment provider Stripe. Purchases are secured and billed in euros (incl. VAT). Toplio applies a weekly 20% decay of a listing's score to keep the ranking dynamic. The user acknowledges having been informed of this mechanic before any purchase. Purchased points are digital goods delivered immediately upon payment: pursuant to article L.221-28 13° of the French Consumer Code, the user expressly waives their right of withdrawal as soon as performance of the contract (delivery of the points) has begun with their express consent.
No guarantee of result
Toplio is a competitive ranking: a listing's visibility depends on its score relative to other listings. Toplio does not guarantee any minimum ranking, visibility, traffic, conversion or return on investment. The Service is provided "as is" and "as available".
Moderation and sanctions
Toplio reserves the right, at any time and without notice, to: • moderate, hide, restrict or remove any listing that breaches these Terms or the law; • warn, suspend or delete any infringing account; • report unlawful content to the competent authorities. Users can report an abusive listing via the report button available on each listing.
Liability
Toplio cannot be held liable for indirect damages (loss of opportunity, loss of revenue, loss of data, reputational harm) resulting from the use or unavailability of the Service. Where Toplio's liability is engaged, it is limited to the total amount paid by the user during the 12 months preceding the event giving rise to the damage.
Termination
Users can delete their account at any time from their personal area. Deletion entails the definitive loss of listings, unused points and associated history. No refund of unused points is owed in case of termination by the user. Toplio may terminate access to the Service in case of serious breach of these Terms, with no compensation.
Changes to the Terms
Toplio may amend these Terms at any time to adapt them to changes in the Service or in the regulations. Users are notified of substantial changes via an in-app notification or by email. Continued use of the Service after a change constitutes acceptance of the new Terms.
Applicable law and dispute resolution
These Terms are governed by French law. In case of a dispute, users are invited to contact Toplio at contact@toplio.app to seek an amicable solution. Failing an agreement, pursuant to article L.612-1 of the French Consumer Code, consumers may use a consumer mediator free of charge. Otherwise, the French courts shall have exclusive jurisdiction. Users residing in the European Union may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.
