Terms of Use

The purpose of these Terms of Use (hereinafter the “Terms”) is to define the terms and conditions of access and use of the website freemap.fr (hereinafter the “Site”), as well as the reciprocal rights and obligations of Users and the Publisher. They constitute a full contract between the User and the Site Editor.

The Site is an open and contributory collaborative platform which allows its Users to locate, share, consult and enrich free resources such as fruit trees, water points, picking areas or any other element of collective interest. This platform is part of an approach to citizen sharing and open mapping, without the Publisher exercising prior control over the information published by Users. By accessing the Site, creating an account or using any of the features offered, the User acknowledges having read, understood and accepted these Terms in their entirety, without reservation or restriction. These Terms are enforceable against the User from their first connection.

Use of the Site is reserved for adults or emancipated minors, as well as unemancipated minors with express and prior parental consent. The Publisher reserves the right to refuse access to the Service or delete any account that does not meet this age requirement. The Site does not in any way constitute a legal, medical, food or security advice service; it is made available for purely informative and contributory purposes.

In these Terms, the following terms have the meaning assigned to them below, whether they are used in the singular or plural. The “Publisher” means the person or entity identified in the Legal Notices of the Site. The “User” means any natural or legal person, whether registered or not, who accesses the Site or uses one of its functionalities. The “Account” corresponds to the personal space created by a User to actively contribute to the Site, manage their contributions and access reserved features. “User Content” means any element (text, photograph, precise geolocation, comment, report or any other content) posted by a User on the Site. The “Service” brings together all the consultation, contribution, collaborative mapping and sharing functionalities offered on the Site. Finally, “Freemap+” designates the optional paid subscription offer which provides access to premium features.

The Site offers an open and contributory collaborative mapping service whose objective is to enable the community of Users to locate, document and share natural or free resources accessible to the public, in a spirit of common good and transparency. This Service constitutes neither an exhaustive directory nor a guarantee of accuracy, availability, healthiness, security or ownership of the resources indicated on the map. The Publisher acts exclusively as host of User Content within the meaning of article 6 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy (known as LCEN). As such, it exercises no a priori control over the information published and assumes no responsibility for its content, except in cases expressly provided for by law.

Access to the basic functionalities of the Service is free. Advanced features, such as priority access to certain maps, data export or enhanced contribution tools, are accessible through the Freemap+ subscription. The Publisher reserves the right to evolve the Service, add or remove features, while informing Users as far as possible.

Access to certain features of the Site, in particular contributing to the map, saving favorites or participating in discussions, requires the creation of an Account. When registering, the User undertakes to provide accurate, complete, sincere and up-to-date information, and to maintain it thus throughout the duration of use of the Service. He is solely responsible for the confidentiality and security of his login credentials (email address and password). Any use of the Account is deemed to be made by the User himself. In the event of loss, theft, disclosure or fraudulent use of their identifiers, the User must immediately inform the Publisher using the contact method provided for this purpose.

The Publisher reserves the right to refuse registration, temporarily suspend or permanently delete an Account in the event of misrepresentation, use contrary to these Terms or any behavior likely to be detrimental to the Site, other Users or the Publisher.

The User undertakes to use the Site fairly, in accordance with its collaborative purpose and in strict compliance with the legislation in force, in particular the Penal Code, the Intellectual Property Code, the Forestry Code, the Environmental Code and the rules relating to harvesting and private property. In particular, it undertakes not to publish any User Content that is illicit, defamatory, offensive, discriminatory, incites hatred, violates privacy, the rights of third parties or good morals. It warrants that all information it publishes is accurate, field-verified wherever possible and not misleading. The User also undertakes not to use the Site for commercial, advertising or prospecting purposes without the express prior authorization of the Publisher, not to disrupt the technical functioning of the Site (for example by sending viruses, spam, massive scraping or any other action likely to affect the availability or integrity of the Service) and to respect the rights of other Users.

Consultation, collection or use of resources located on the Site is done under the full and exclusive responsibility of the User, at their own risk, including health and legal risks, accidents or intrusions on private property. The Publisher cannot be held responsible for the actions carried out by the User on the basis of the information present on the Site.

By publishing User Content on the Site, the User grants the Publisher a free, non-exclusive, worldwide, perpetual, irrevocable and transferable license to reproduce, represent, adapt, translate, distribute, modify (in particular for technical or formatting reasons) and exploit said content, in the context of the operation, promotion, improvement and distribution of the Site, on any support and by any means, including on social networks or any other digital medium. This license is granted for the duration necessary for the operation of the Service and survives the deletion of the User's Account.

The Publisher is not required to generally monitor User Content. In accordance with LCEN, any User may report clearly illicit content via the dedicated form or by email. The Publisher undertakes to promptly examine any valid notification and to act, if necessary, by removing the offending content. The Publisher acts as a host and is only responsible for User Content in the event of failure to remove it promptly after regular notification of manifestly illicit content. The User guarantees that he has all the necessary rights to the Content he publishes and that it does not infringe any third party rights; he undertakes to compensate the Publisher for any damage resulting from a claim from a third party.

Freemap+ subscriptions are offered on a monthly or annual recurring basis and are managed exclusively by third-party payment provider Stripe. The prices, clearly indicated on the Site in euros all taxes included, are subject to change; the User will be informed by e-mail at least thirty (30) days in advance and may, if necessary, cancel their subscription free of charge before the new pricing comes into force.

The subscription takes effect immediately after validation of payment. In accordance with the provisions of the Consumer Code, the User benefits from a right of withdrawal of fourteen (14) days from the subscription, unless he has expressly consented to the immediate execution of the Service and waived this right; in this case, the subscription is non-refundable. The User can cancel their subscription at any time via their personal space or the Stripe management portal; cancellation takes effect at the end of the current billing period and no pro-rata refund is made except in the case of legal withdrawal.

The Publisher processes Users' personal data in strict compliance with the General Data Protection Regulation (GDPR) and the French Data Protection Act (Loi Informatique et Libertés). The data collected (connection identifiers, email address, geolocated contributions, preferences and usage histories) are necessary for the provision of the Service, the management of Accounts, the fight against fraud and the continuous improvement of the platform. This data is neither sold nor transferred to third parties for commercial purposes.

The User has at any time the rights of access, rectification, deletion, limitation of processing, opposition and portability of his data. These rights can be exercised by e-mail to the address indicated in the Legal Notices or via the dedicated form available on the Site. For complete and detailed information on data processing, retention periods and recipients, the User is expressly invited to consult the Privacy Policy accessible via the link Privacy Policy.

The general structure of the Site, its design, its logos, its databases, its algorithms, its source code and all of its graphic or technical elements are the exclusive property of the Publisher and are protected by copyright, the sui generis right of databases and the provisions of the Intellectual Property Code. Any reproduction, representation, adaptation, translation, distribution or exploitation, total or partial, by any process whatsoever, without the prior written authorization of the Publisher, is strictly prohibited and may result in the civil and criminal liability of its author.

User Content remains the intellectual property of their respective authors, subject to the operating license granted to the Publisher under the terms of article 5 of these Terms.

The Publisher cannot be held responsible for errors, inaccuracies, omissions or late updates present in User Content, nor for damage of any nature whatsoever resulting from consultation, collection or use of resources located on the Site (accidents, poisoning, intrusions on private property, conflicts with third parties, etc.). The Publisher also declines all responsibility in the event of temporary or permanent interruptions of the Service due to maintenance, updating, force majeure or any other event beyond its control.

The Publisher's liability is further limited to direct and proven damage caused by gross or willful misconduct on its part. In any event, its liability cannot be incurred beyond the total amount of any sums received under the Freemap+ subscription during the twelve (12) months preceding the event giving rise to the damage. The Publisher cannot under any circumstances be liable for indirect damage, such as loss of data, loss of opportunity or any moral or financial damage.

The Publisher cannot be held responsible for any failure to fulfill its obligations or any delay in the execution of these when they result from a case of force majeure within the meaning of article 1218 of the French Civil Code (Code civil), in particular natural disaster, war, strike, pandemic, major cyber-attack, interruption of telecommunications networks or any other unforeseeable, irresistible event beyond its control.

The Publisher reserves the right to modify these Terms at any time in order to adapt them to legislative, regulatory or technical developments in the Service. The modifications are published on the Site with an indication of their effective date. Continued use of the Site by the User after the publication of the new Terms constitutes full acceptance of the latter. If the new conditions are refused, the User must immediately stop using the Service and delete their Account.

The Publisher may suspend or terminate an Account at any time, after formal notice or immediately in the event of an emergency (obviously serious illegal content, fraud, breach of Site security), in the event of a breach of these Terms. The User may terminate his Account at any time via his personal space; this termination does not result in the reimbursement of sums already paid for a current Freemap+ subscription.

These Terms are governed entirely by French law. Any dispute relating to their interpretation, execution or validity will be subject, after an unsuccessful amicable settlement attempt within thirty (30) days, to the exclusive jurisdiction of the courts within the jurisdiction of [VOTRE VILLE], notwithstanding multiple defendants or warranty claims.

If one or more stipulations of these Terms were to be declared null or inapplicable by a court decision or for any other reason, the other stipulations would retain all their force and scope. The fact that the Publisher does not exercise, at any time, any of the rights or faculties recognized by these General Terms and Conditions cannot be interpreted as a waiver of this right or this faculty.

Last update date: [Insérer la date du jour]. For any questions relating to these Terms, the User is invited to contact the Publisher via the contact page of the Site or at the address indicated in the Legal Notices.

The purpose of these Terms of Use (hereinafter the “Terms”) is to define the terms and conditions of access and use of the website freemap.fr (hereinafter the “Site”), as well as the rights and obligations of Users.

The Site is a collaborative platform allowing you to locate, share and consult free resources (fruit trees, water points, etc.). By accessing the Site, the User acknowledges having read, understood and accepted these Terms in their entirety.

• • Editor: The person or entity identified in Legal Notices.
• • User: Any natural or legal person accessing the Site.
• • User Content: Any content (text, photo, geolocation, comment) posted online by a User.
• • Services: Consultation and contribution functionalities to the collaborative map.

The Site offers an open and contributory collaborative mapping service. It does not constitute an advisory service and does not guarantee the accuracy or security of the information published. Use is reserved for adults or emancipated minors (or with parental consent).

The User undertakes to provide accurate information when creating their account. He is solely responsible for the confidentiality of his identifiers.

The User undertakes to:

• • Use the Site fairly.
• • Do not publish illegal, defamatory or harmful content to third parties.
• • Respect the legislation on harvesting and private property.

Responsibility: The collection or use of resources is done under the entire responsibility of the User, at their own risk (in particular health and legal risks).

• • License: By publishing content, the User grants the Publisher a free, non-exclusive and worldwide reproduction and distribution license for the operation of the Site.
• • Accommodation: The Publisher acts as host (Art. 6 LCEN). It is not responsible for third-party content unless it is promptly removed after reporting clearly illicit content.

Freemap+ subscriptions are managed by our third-party payment provider (Stripe). Subscriptions are billed on a recurring basis (monthly or annually). They are non-refundable. You can cancel your subscription at any time through the management portal, and the cancellation will take effect at the end of the current billing period.

The structure of the Site (design, logos, code) is the exclusive property of the Publisher. Any reproduction without authorization is prohibited.

The Publisher cannot be held responsible:

• • Errors or inaccuracies in contributions.
• • Damage linked to picking (accidents, poisoning, intrusions).
• • Service interruptions.

The Publisher's liability is limited to proven direct damage, excluding gross negligence or fraud.

The Publisher may modify the Terms at any time. It may suspend or delete an account in the event of violation of these rules.

These Terms are governed by the French law. Any dispute will be submitted to the competent courts of [VOTRE VILLE].