Terms and Conditions of Sale

Article 1. Identity of the seller

The Owly service is published and marketed by Sphère Télécom, a single-member private limited company (EURL) with capital of 1,500 euros, whose registered office is located at 1 rue des Meuniers, 59320 Hallennes-lez-Haubourdin, registered with the Trade and Companies Register of Lille Métropole under number 491 975 090, intra-Community VAT number FR54491975090 (hereinafter "Sphère Télécom").

• Website: www.owly.website
• Email: contact@owly.website
• Telephone: 03 20 86 66 27
• Legal representative: Steeve Waymel

Article 2. Purpose

These terms and conditions of sale govern the subscription, by an adult private individual acting outside their professional activity (hereinafter "the Parent"), to a subscription to the Owly parental control service.

They apply to the exclusion of any other document. Any subscription implies their full and unreserved acceptance.

Article 3. Description of the service

Owly is a parental control service made up of two applications for devices running Android version 8.0 or higher: an application for the Parent and an application installed on the child's device.

Depending on the plan subscribed to, the service allows, among other things, locating the child, setting safe zones and schedules, limiting screen time, blocking applications, filtering websites and receiving alerts. Details of the features included in each plan are published on the Pricing page of the website and form an integral part of the contract.

The service requires a compatible device, an internet connection and the granting, on the child's device, of the system permissions described during installation. Sphère Télécom does not guarantee that the service will work on a device that has been modified, unlocked, or on which the manufacturer restricts the necessary permissions.

Article 4. Parental authority and informing the child

The Parent declares that they hold parental authority over the minor(s) whose devices are supervised, or that they have the consent of the person who holds it.

The Parent undertakes to inform the child of the setting up of the service and of the nature of the information transmitted. To this end, the service includes an information screen intended for the child.

The service may not be used to monitor an adult, nor a minor over whom the Parent does not hold parental authority. Any such use would be the sole responsibility of the Parent.

Article 5. Account and trial period

Creating a parent account is free and does not require any payment method.

Any registration opens a free fourteen (14) day trial period giving access to the features of the Premium plan. At the end of this period, and in the absence of a subscription, the account automatically switches to the Free plan: no payment is taken and no bank details are requested.

The Parent is responsible for keeping their login details confidential.

Article 6. Plans and prices

The plans and their prices are those shown on the Pricing page of the website on the day of subscription. Prices are expressed in euros, inclusive of all taxes.

Each paid plan is offered on a monthly or yearly basis. The yearly price includes a discount compared to twelve monthly payments; the exact amount of this discount is shown on the Pricing page.

Sphère Télécom may change its prices at any time. The price applicable to an ongoing subscription remains the one in force on the day of subscription until the end of the current period. Any price change applicable upon renewal is notified to the Parent at least thirty (30) days before it takes effect; the Parent may then stop the renewal under the conditions set out in Article 9.

Article 7. Subscription and payment

Subscribing is done from the app. Payment is made by card through the payment provider Mollie B.V., a licensed payment institution subject to the PCI DSS security standard.

The card details are entered on a secure page belonging to the provider. The full card number, its expiry date and its security code are never transmitted to Sphère Télécom at any point, meaning it can neither view nor keep them.

Sphère Télécom only keeps, for each payment, the last four digits of the card and its brand (for example "Visa ending in 4242"), so that the Parent can recognise their payments in their history, along with the billing information necessary for its accounting obligations.

Subscribing constitutes a direct debit mandate for successive renewals. This mandate is kept by the payment provider, never by Sphère Télécom, and ends as soon as the renewal stops.

Article 8. Duration and renewal

The subscription is taken out for the chosen duration, one month or one year, and is automatically renewed for periods of the same duration, unless the Parent stops the renewal. No minimum commitment period is imposed.

In accordance with Article L215-1 of the French Consumer Code, Sphère Télécom informs the Parent, no later than one month before the cancellation deadline, of the possibility of not renewing their subscription.

Article 9. Stopping renewal and cancellation

The Parent may stop the renewal of their subscription at any time, without giving a reason and without penalty, from the application settings, using a feature accessible in just a few steps, in accordance with Article L215-1-1 of the French Consumer Code.

Stopping the renewal takes effect at the end of the current period:

• the Parent retains access to the features of their plan until the end of the month or year already paid for;
• no further payment is taken afterwards;
• the remaining time is not refunded, subject to the exercise of the right of withdrawal set out in Article 10;
• at the end of the period, the account switches to the Free plan, which remains available with no time limit.

Article 10. Right of withdrawal

The Parent has a period of fourteen (14) days from subscribing to exercise their right of withdrawal, without giving any reason or incurring any penalty.

It is noted that, before subscribing, the Parent was able to use the features of the Premium plan free of charge for fourteen (14) days, and therefore subscribes with full knowledge of the service provided.

However, since the service is provided immediately after payment, any Parent who expressly requests to benefit from it without waiting for this period to expire waives their right of withdrawal, in accordance with Articles L221-25 and L221-28 of the French Consumer Code.

This request is collected before any payment, by means of a box which the Parent ticks themselves and which reads as follows: "I agree that my subscription starts immediately. I understand this ends my 14-day right of withdrawal." No payment can be taken without it.

The date and time of this waiver are kept by Sphère Télécom for the duration that billing data is retained.

Failing such a request, the Parent may withdraw by writing to contact@owly.website. The refund is made within fourteen (14) days of receipt of the request, using the same payment method.

Article 11. Changing plan

The Parent may upgrade to a higher plan at any time. The time already paid for on the current plan is credited on a pro-rata basis; the remaining amount due and the credit deducted are shown before any payment is taken.

A downgrade to a lower plan only takes effect at the end of the current period: until then, the Parent keeps the plan they have paid for.

Article 12. Availability and limits of the service

Sphère Télécom provides the service with the care and diligence of a professional. It is bound by a duty of best efforts and not a duty to achieve a specific result.

The Parent is expressly informed that:

• no filtering system is foolproof; inappropriate content may escape filtering, and harmless content may sometimes be wrongly blocked, in which case the Parent has an immediate unblocking function available;
• the way the service works depends on the child's device, its operating system, its connection and the permissions granted, factors which are beyond Sphère Télécom's control;
• a child may try to get around the service; the enhanced protection features reduce this risk without removing it entirely;
• the service is not a substitute for parental vigilance or family communication, and does not constitute a safety or emergency device within the meaning of the regulations applicable to emergency services.

Article 13. Liability

Sphère Télécom's liability can only be engaged in the event of proven fault and for direct damages. In any event, it is limited to the amount actually paid by the Parent over the last twelve (12) months.

Nothing in these terms shall exclude Sphère Télécom's liability in the event of personal injury, gross or wilful misconduct, nor the legal guarantees of conformity and against hidden defects to which the Parent is entitled as a consumer.

Article 14. Personal data

The processing of personal data is described in the privacy policy, which forms an integral part of the contract. Data is hosted in France and processed in accordance with Regulation (EU) 2016/679.

Article 15. Intellectual property

The service, the applications, their content and the Owly brand remain the exclusive property of Sphère Télécom. Subscribing grants the Parent a personal, non-exclusive and non-transferable right of use for the duration of their subscription.

Article 16. Changes to these terms

Sphère Télécom may amend these terms. Any substantial change is notified to the Parent at least thirty (30) days before it takes effect. A Parent who does not accept the change may stop their subscription from renewing under the conditions set out in Article 9.

Article 17. Complaints

Any complaint may be sent to contact@owly.website. Sphère Télécom undertakes to reply within fifteen (15) days.

The Parent may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.

Article 18. Governing law

These terms are governed by French law. Failing an amicable resolution, the dispute may be brought before the competent court under ordinary law rules; the consumer may in particular bring proceedings before the court of the place where they live.