Terms and condition Senskle
PREAMBLE
The SENSKLE dating platform is published by the company MILANTYS and its use is governed by these general conditions of use.
ARTICLE 1 : DEFINITIONS
Within these Terms of Use, the terms listed below have the following meanings, whether used in singular or plural:
- “Subscription”: Refers to a paid subscription that grants access to the EXCLUSIVE version, allowing the user to become an Exclusive Sensker for the predefined period stated in the subscribed Subscription.
- “Account”: Refers to the personal space created by a Sensker on the Platform after completing the registration process described in Article 3.2, accessed using their Login Credentials.
- “Terms of Use”: Refers to the present general terms and conditions governing the conditions and terms of use of the Services accessible via the Platform.
- “Event”: Refers to any free or paid event promoted on the Platform allowing Senskers to meet physically, whether it is a Sensky Event or a Senskle Event.
- “Senskle Event”: Refers to an event organized by MILANTYS, promoted on the Platform, and for which Senskers may register.
- “Sensky Event”: Refers to an event organized by Senskys, promoted on the Platform, and for which Senskers may register.
- “Features” or “Services”: Refers to all features or services, paid or free, accessible to Senskers via the Platform.
- “Registration Fee”: Refers to the fixed fee of €4.90 incl. VAT payable upon each Event registration by Senskers who are not Exclusive Senskers.
- “Participation Fee”: Refers to the participation cost specific to each Event, freely set by the organizer (MILANTYS or the Senskys) and payable by all Senskers, regardless of their status.
- “Login Credentials”: Refers to the Sensker’s chosen username (login) and password, enabling them to access their Account.
- “Registration”: Refers to the act of becoming a Sensker by creating an Account.
- “MILANTYS”: Refers to MILANTYS, a simplified joint-stock company with a capital of €10,000.00, registered with the Meaux Trade and Companies Register under number 980 424 295, with its registered office at 3 Place de la Mairie, 77124 Penchard, which operates the Platform.
- “Platform”: Refers to the SENSKLE platform accessible via the Website, from which Senskers can access the various Services. The Platform includes the infrastructure as well as content such as text, sound, still or animated images, videos, and databases.
- “Profile”: Refers to the page associated with a Sensker’s Account, on which information they have chosen to make public is displayed, and which is accessible to other Senskers.
- “Sensker”: Refers to an individual who has registered on the Platform by creating an Account.
- “Certified Sensker”: Refers to a Sensker whose Profile has been verified by MILANTYS under the conditions described in Article 5.2 and is marked by an icon on their Profile.
- “Discovery Sensker”: Refers to a Sensker who has not subscribed to a Subscription and therefore has limited access to the Platform’s Features as described in Article 4.1.
- “Exclusive Sensker”: Refers to a Sensker with an active Subscription and full access to the Platform’s Features as described in Article 4.3.
- “Sensky”: Refers to an individual who has been nominated through a process established by MILANTYS and who, upon receiving authorization from MILANTYS, may organize Sensky Events which Senskers may attend after registering through the Platform. The nomination and use of the Sensky status are governed by specific conditions separate from these Terms of Use, available upon request from MILANTYS.
- “Website”: Refers to the website accessible at https://www.senskle.com/, through which Senskers can access the Platform. The Website includes the infrastructure and content such as text, sound, still or animated images, videos, and databases.
- “EXCLUSIVE Version”: Refers to the paid version of the Platform that grants Exclusive Senskers access to the Features described in Article 4.3.
ARTICLE 2: PURPOSE – ENFORCEABILITY
The purpose of these Terms and Conditions of Use is to define the conditions and methods of using and subscribing to the Platform.
The Terms and Conditions of Use are systematically brought to the attention of any person wishing to register on the Platform in order to access the Services. They apply exclusively to all Registration and Subscription requests accepted by MILANTYS and take precedence over any other terms, except those expressly accepted in writing by MILANTYS. Consequently, MILANTYS shall only be bound by any other terms following written confirmation.
IMPORTANT: NOTICE TO SENSKERS
ANY REGISTRATION AND/OR SUBSCRIPTION REQUEST CONSTITUTES THE EXPRESS, PRIOR, FULL, AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. BY CHECKING THE BOX: “I have read and accept the terms and conditions of use as well as the privacy policy” AND ACCEPTING THEM WHEN SUBMITTING THEIR REGISTRATION AND SUBSCRIPTION REQUEST, THE FUTURE SENSKER OR EXCLUSIVE SENSKER ACKNOWLEDGES THAT THEY ARE BOUND BY THE ENTIRETY OF THESE TERMS AND CONDITIONS OF USE.
MILANTYS reserves the right to amend these Terms and Conditions of Use at any time, particularly to reflect legal, judicial, editorial, functional, and/or technical developments. The prevailing version is the one accessible online on the date of Registration or Subscription validation. Any Registration or Subscription request made after the updated Terms and Conditions of Use have been published constitutes acceptance of the new version.
ARTICLE 3 – REGISTRATION PROCESS AND CONDITIONS FOR USING THE PLATFORM AND/OR SERVICES
3.1 – Prerequisites for Registration and Obligations When Using the Platform and/or Services
3.1.1. Access to the Platform requires:
- Possessing a computer and/or smartphone and/or tablet connected to the internet and updated with the latest versions of third-party software (web browser, operating system) in order to access the Website;
- Registering on the Platform by creating a Profile as outlined in Article 3.2.
3.1.2. By registering and using the Platform and/or Services and/or participating in Events, Senskers acknowledge and declare that they:
- Are of legal age in their country of residence;
- Understand that the Platform and Services are only available in French;
- Are not competitors of MILANTYS and will not subscribe or use the Services with the intent to fraudulently compete with or harm MILANTYS;
- Are legally capable and fully in possession of their intellectual and cognitive faculties (i.e., not under guardianship or curatorship);
- Will not use the Platform and/or Services for professional and/or commercial purposes, including but not limited to prostitution, pimping, or encouraging paid and/or non-consensual sexual acts;
- Will comply with the Terms and Conditions of Use and all applicable laws and regulations;
- Will provide truthful, accurate, and up-to-date information;
- Will be honest and sincere regarding the information shared in their Accounts and/or Profiles and with other Senskers;
- Are not legally prohibited from using platforms and/or services similar to those provided by MILANTYS.
Furthermore, Senskers agree to the following when using the Platform and/or Services or participating in Events:
- Not to create multiple Accounts for the same person;
- Not to recreate an Account without prior written authorization from MILANTYS following the deactivation or deletion of a previous Account;
- Not to create or use an Account on behalf of a third party or publish personal information about another person;
- Not to impersonate another individual;
- To respect the privacy of other Senskers, particularly by maintaining the confidentiality of conversations and other information obtained through use of the Platform and/or Services;
- Not to misuse the Platform and/or Services to commit crimes, misdemeanors, or infractions under criminal law or any other legislation;
- Not to post content that violates third-party rights, including privacy, copyrights, trademarks, or any other intellectual property rights;
- Not to harass, spam, threaten, intimidate, assault, defame, scam, or otherwise harm other Senskers, MILANTYS, or third parties;
- Not to publish pornographic, child pornographic, hateful, violent, racist, homophobic, or otherwise offensive content or content violating applicable laws and regulations;
- Not to use any software, script, bot, or other methods (such as indexing robots, browser extensions, or other technologies) to access, extract, index, or circumvent the Platform’s navigation structure or content presentation;
- Not to use the Platform and/or Services in bad faith or with the intention of causing harm to others, MILANTYS, or third parties;
- Not to engage in behavior that is contrary to public order or morality.
MILANTYS places a strong emphasis on creating a respectful and trustworthy environment on the Platform and during Events. As such, Senskers agree to abide by general rules of courtesy and respectful behavior during their interactions.
MILANTYS cannot be held liable for any registration or use of its Platform by Senskers who do not meet or comply with the above conditions or obligations.
MILANTYS reserves the right to refuse, suspend, or terminate a Sensker’s Account at any time if they fail to meet or comply with any of the aforementioned conditions or obligations.
3.2 – Platform Registration Process
3.2.1. To access the Platform, users must identify themselves by creating or possessing an Account.
The following information must be provided during registration:
- Username;
- Marital status;
- Sexual orientation;
- Country and city of residence;
- Age;
- Email address;
- Password;
- Password confirmation.
MILANTYS aims to protect the privacy of Senskers’ identities; therefore, their first and last names are not required upon registration.
When subscribing to a paid plan, a Know Your Customer (KYC) verification process may be required to verify the user’s identity.
As part of this process, the Sensker may be asked to take a photo of themselves. This process aims to combat fake accounts. MILANTYS will not have access to the photos taken, as this data is encrypted during the process.
Once the required information is entered and the identity verification is complete, prospective Exclusive Senskers will be presented with a summary screen where they must tick the following boxes:
- “I have read and accept the terms and conditions of use of the SENSKLE platform as well as the privacy policy.”
- “I waive my right of withdrawal in order to gain immediate access to the EXCLUSIVE Version; otherwise, the Features associated with this version will only be available after the statutory fourteen (14) day period.”
They must then click the “Confirm” button.
3.2.2. Senskers agree to provide accurate, up-to-date, complete, and truthful information.
They also agree not to create false Accounts that could mislead MILANTYS and/or other Senskers and/or third parties, and to promptly update any information that changes.
If a Sensker provides false, inaccurate, outdated, incomplete, misleading, or deceptive information, MILANTYS may, without notice or compensation, and without any refund of the Subscription, suspend or terminate their Account and/or Subscription and deny them access to the Platform and/or certain Services, either temporarily or permanently. MILANTYS cannot be held responsible for any partial or total failure to deliver Services or fulfill a Subscription due to such incorrect information.
3.2.3. Senskers access their Account using their Login Credentials, which they are solely responsible for.
They agree to keep this information confidential and not share it in any form. If any of the login details are lost or stolen, they must notify MILANTYS immediately, which will then cancel and/or update the affected credentials.
It is the Sensker’s sole responsibility to maintain the confidentiality of their password. They are also responsible for ensuring they log out of their Account after each session, especially when using a public computer or network.
If a Sensker forgets or loses their password, they can request a new one by clicking on “Forgot password?” on the login page.
At any time, Senskers may deactivate their Account if they so choose, following the procedures set out in Article 7 of the Terms and Conditions of Use.
ARTICLE 4: THE DIFFERENT SENSKER STATUSES
4.1 – Discovery Sensker
Registering on the Platform as described in Article 3 automatically grants the user Discovery Sensker status, allowing them to use the Platform for free but with limited access to its Features.
A Discovery Sensker:
- Will have limited access to other Sensker Profiles;
- Will be able to use the Platform’s instant messaging feature with a limit of 5 messages per day;
- Will have access to the “Sens dessus-dessous” feature;
- Must pay a Registration Fee of €4.90 incl. VAT for each Event registration, in addition to the Participation Fee for the Event.
4.2 – Certified Sensker
A Sensker can only become a Certified Sensker after attending at least one Event during which the organizer (MILANTYS or a Sensky) provides them with a referral code allowing MILANTYS to certify their Profile.
If the Event organizer deems that the Sensker’s behavior during the Event does not align with the values of the SENSKLE community, they may freely refuse to issue a referral code.
Once in possession of the referral code, the Sensker must go to the “Referral” section within their Account settings to enter the code and have their Profile certified by MILANTYS.
4.3 – Exclusive Sensker
A Sensker obtains the status of Exclusive Sensker as soon as they subscribe to a Subscription under the terms described in Article 5, and for as long as that Subscription remains active.
Exclusive Sensker status grants access to the EXCLUSIVE Version of the Platform, which includes:
- Unlimited access to other Sensker Profiles;
- Unlimited access to the instant messaging feature;
- Access to the “Sens dessus-dessous” feature;
- The ability to see who has viewed their Profile;
- A 10% discount on the Betiiiz by Senskle shop;
- No Registration Fees when signing up for Events (Participation Fees still apply);
- 10% of Subscription Fees are reinvested into Sensky Events.
ARTICLE 5: SUBSCRIPTION TO BECOME AN EXCLUSIVE SENSKER
5.1 – Content of the Subscription Offers
5.1.1. A Sensker who wishes to access the EXCLUSIVE version of the Platform must subscribe to a plan and thus become an Exclusive Sensker.
Subject to any territorial restrictions mentioned on the Platform, the Subscription offers are valid for as long as they are available on the Platform.
The information relating to Subscriptions, of any kind, provided by MILANTYS is the one displayed on the Platform at the time the Subscription is taken out by the Sensker.
5.1.2. MILANTYS reserves the right to modify, at any time and for any reason, the specifications, prices, and content of the Subscription offers and/or to remove a Subscription offer and/or Services.
These modifications and/or removals may occur at any time without prior notice, including after a Subscription has been taken out, if these changes result from the application of any standards, laws, or regulations and/or due to technical or other issues related to the Subscriptions and/or Services. In the event of substantial changes to Subscription content, the Exclusive Sensker will be informed by MILANTYS and may cancel their Subscription.
Any price change to a Subscription will be communicated to Exclusive Senskers and will apply at the time of the next renewal, unless the Subscription is canceled under the conditions set forth in Article 7.3.
MILANTYS also reserves the right to make improvements, correct any errors or omissions in the Subscription offers and/or Services.
5.2 – Subscription Process
5.2.1. At any time, a Sensker may choose the Subscription plan they wish to subscribe to via the Platform in order to become an Exclusive Sensker.
Prices and payment methods are described on the Platform. Payment is made by credit card (Visa, Mastercard, or Amex).
Prices are shown in euros including all taxes (TTC).
5.2.2. To subscribe, Senskers must go to the “Settings” tab, then the “Subscriptions” section in their Profile, where they can select the desired plan and follow the payment process.
Senskers may update their payment method at any time via the “Settings” tab of their Profile.
By accepting the Terms and Conditions of Use, Exclusive Senskers acknowledge and agree that their bank account will be debited at the time of each Subscription renewal.
Exclusive Senskers guarantee that they are acting in a personal capacity, on their own behalf, are fully authorized to use the payment method, and that such payment methods provide sufficient funds to cover all Subscription costs.
MILANTYS shall not be held liable in the event of fraudulent use of payment methods.
In the event of a bank card payment being declined, the Exclusive Sensker’s access to the EXCLUSIVE Version will be suspended. The Sensker will be required to resolve the situation by updating their payment method and/or contacting MILANTYS customer support.
5.3 – Commencement and Duration of Subscriptions
Subscribing to a plan grants access to the EXCLUSIVE Version of the Platform for a defined period (associated with the relevant Subscription), starting from the date of subscription.
Unless canceled no later than seventy-two (72) hours before the end of the current Subscription period (as notified to MILANTYS under Article 7.3), the Subscription will automatically renew on its anniversary date for the same duration, and the corresponding fee will be charged to the credit card initially used.
In accordance with Article L 215-1 of the French Consumer Code:
For service contracts with a fixed term that include a tacit renewal clause, the service provider must inform the consumer, in writing, by personal letter or dedicated email, no earlier than three months and no later than one month before the end of the initial term, of their option to decline renewal. This information must be presented clearly and include the deadline for cancellation in a noticeable box. If this obligation is not fulfilled, the consumer may cancel the contract at any time after its renewal, without penalty. Any advance payments made after the latest renewal shall be reimbursed within thirty days, less any amount corresponding to services already rendered.
These provisions apply without prejudice to legal rules governing specific contract types regarding consumer notification.
Accordingly, when the Subscription duration is longer than one (1) month, MILANTYS will notify the Exclusive Sensker of the upcoming renewal via email no earlier than three (3) months and no later than one (1) month prior to the renewal date.
For Subscriptions lasting one (1) month, MILANTYS will send an email reminder at least seven (7) days before the automatic renewal date.
Additionally, Exclusive Senskers may access key information about their Subscription at any time (e.g., duration, renewal date) via the “Subscriptions” section under “Settings.” This section allows the Subscriber to manage or cancel their Subscription in accordance with Article 7.3.
ARTICLE 6: RIGHT OF WITHDRAWAL
6.1.
In accordance with Article L.221-18 of the French Consumer Code, and unless they have waived this right under the conditions of Article 6.2, Exclusive Senskers have a statutory right of withdrawal for a period of fourteen (14) calendar days starting from the date of Subscription and payment. They may cancel their Subscription without needing to provide justification or incurring any penalties.
Withdrawal requests can be submitted by email to MILANTYS at the following address: support@senskle.com, or via the withdrawal form available in the “Contact” section of the Website.
6.2.
However, if Exclusive Senskers wish to access the EXCLUSIVE Version immediately upon Subscription without waiting for the withdrawal period to end, they may waive their right of withdrawal in accordance with Article L.221-25 of the French Consumer Code by checking the box at the time of Subscription confirmation:
“I waive my right of withdrawal in order to gain immediate access to the PREMIUM version; otherwise, the Features associated with this version will only be available after the statutory fourteen (14) day period.”
If the Sensker does not waive this right, they will only gain access to the EXCLUSIVE Version after the fourteen (14) day withdrawal period has elapsed from the date of Subscription.
6.3.
If the right of withdrawal is validly exercised, MILANTYS will reimburse the person who made the payment for the Subscription in question no later than fourteen (14) days after being notified of the withdrawal request by the Exclusive Sensker.
The refund will be made using the same payment method used by the Exclusive Sensker during the Subscription process, unless they expressly agree to a different method.
ARTICLE 7: SUSPENSION OF ACCOUNT – DELETION OF ACCOUNT – TERMINATION OF SUBSCRIPTION
7.1 – Suspension of Profile by the Sensker
At any time, a Sensker may request the temporary suspension of their Account so that their Profile is no longer visible on the Platform by navigating to the “Profile & Filters” section.
This suspension does not pause the ongoing Subscription. The Sensker may reactivate their Profile at any time via the same section.
7.2 – Deletion of Account by the Sensker
Any Sensker may delete their Account at any time by requesting its closure from MILANTYS, free of charge, via the “Profile & Filters” section and/or by email.
Once deleted, the Sensker will no longer have access to the Platform.
This request does not entitle an Exclusive Sensker to a refund for the remaining Subscription period but will be treated as termination of their Subscription.
7.3 – Non-Renewal/Termination of Subscription by the Exclusive Sensker
The Exclusive Sensker may opt out of automatic Subscription renewal by submitting a request to MILANTYS via email at support@senskle.com or by using the “Profile & Filters” section.
7.4 – Termination of Subscription and/or Suspension or Deletion of Account by MILANTYS
MILANTYS reserves the right to suspend or temporarily block, without notice and without compensation or refund of any Subscriptions, access to the Platform and/or certain Features for Exclusive Senskers, or, depending on the severity of the actions, to permanently delete a Sensker’s Account, particularly in the following cases:
- Non-compliance with the Terms and Conditions of Use by the Sensker;
- Payment issues related to the Subscription fee;
- Actions that may harm the interests of MILANTYS;
- Violations of applicable laws and/or regulations;
- If required to do so by law, regulation, or court order.
ARTICLE 8: LIABILITY
8.1 MILANTYS aims to enable Senskers to meet people who match their expectations, particularly through the information they provide on their Profiles (such as sexual orientation, age, preferences, etc.). However, in the event that a Sensker is dissatisfied—whether due to a lack of matches, the quality of interactions on the Platform or at Events, or with the overall experience on the Platform and/or the quality of the Services and/or Events—MILANTYS shall not, under any circumstances, be held liable. MILANTYS is not bound by any obligation to achieve a specific result.
Senskers are solely responsible for how they use the Platform and/or Services and for assessing their suitability for their own needs.
MILANTYS expressly disclaims all liability for any consequences of any kind that may arise from in-person meetings between Senskers as a result of using the Platform and/or attending Events.
8.2 The quality of the Services provided also depends on the behavior of Senskers and presumes compliance with the following:
- Rules of politeness, courtesy, and respectful conduct;
- The rights of third parties, other Senskers, and/or MILANTYS;
- Applicable laws and regulations;
- The provisions of these Terms and Conditions of Use.
Within this framework, MILANTYS allows Senskers to report any content (photos, texts, videos) and/or behaviors or statements by another Sensker that appear to violate the aforementioned rules, in accordance with Article 14 of the Terms and Conditions of Use.
As a result, Senskers acknowledge and accept that the data they provide, as well as their behavior and/or statements via the Platform, may be subject to reports by other Senskers and/or moderation and/or review by MILANTYS. If such reports or reviews reveal that a Sensker has violated applicable laws or regulations and/or their obligations under these Terms of Use, MILANTYS may suspend and/or permanently delete the Account as per Article 7.4.
If MILANTYS’s liability is engaged due to a Sensker’s breach of their legal or contractual obligations, the Sensker agrees to indemnify and hold MILANTYS harmless against all damages, costs, or penalties imposed as a result of the breach attributable to the Sensker.
MILANTYS shall not be held responsible for the accuracy or inaccuracy of the information and content provided by other Senskers, nor for any consequences arising from the use of such information and content (e.g., age, gender, sexual orientation, sexual practices, etc.).
Likewise, MILANTYS shall not be liable for any content published by a Sensker that may infringe upon the rights of one or more other Senskers and/or third parties, provided MILANTYS had no prior effective knowledge of such content or had not been notified by a Sensker and/or third party.
8.3 More generally, MILANTYS declines all responsibility, in particular:
- In the event of abnormal or unlawful use of the Platform and/or Services by a Sensker;
- Regarding the content of third-party websites accessible via hyperlinks present on the Platform;
- For damages suffered by a Sensker during a Sensky Event;
- For any failure to comply with the Terms of Use by the Senskers;
- In the event of delays or failures in fulfilling its obligations due to force majeure;
- For any external cause not attributable to MILANTYS;
- In the event of non-payment of Subscription fees by an Exclusive Sensker.
ARTICLE 9: ACCESS AND AVAILABILITY OF THE WEBSITE AND/OR PLATFORM
The Website and the Platform are accessible seven (7) days a week, twenty-four (24) hours a day.
However, due to the nature of the internet, MILANTYS does not guarantee the uninterrupted operation or continuous access to the Website and/or the Platform, 24/7.
MILANTYS reserves the right to interrupt the operation of the Website and/or the Platform at any time, with or without notice, in particular for the purpose of performing corrective or evolutionary maintenance, to update or modify the content or presentation, or for any other legitimate reason. When possible, MILANTYS will inform Senskers in advance of any planned maintenance operations.
Additionally, Senskers acknowledge that the Website and/or Platform may be interrupted for reasons beyond MILANTYS’s control, and therefore, MILANTYS cannot guarantee uninterrupted access to the Website and/or Platform.
In any case, MILANTYS shall under no circumstances be held liable for any interruption and/or malfunction of the Website and/or Platform, regardless of the cause.
Senskers are encouraged to report any technical issues encountered while browsing and/or using the Website and/or Platform by sending an email to: support@senskle.com and describing the problem encountered.
ARTICLE 10: LEGAL GUARANTEES
“The consumer has the right to invoke the legal guarantee of conformity if a defect in conformity arises at any time during the duration of their Subscription. During this period, the consumer is only required to prove the existence of the defect and not the date it appeared.
“The legal guarantee of conformity includes the obligation to provide all necessary updates to maintain the conformity of the digital content or digital service throughout the Subscription period.
“The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay, free of charge, and without major inconvenience.
“The consumer may obtain a price reduction while retaining the digital content or digital service, or they may terminate the contract and receive a full refund in exchange for renouncing the digital content or service if:
- The professional refuses to bring the digital content or service into conformity;
- The conformity process is unduly delayed;
- The conformity cannot be achieved without costs imposed on the consumer;
- The process causes major inconvenience to the consumer;
- The non-conformity persists despite an unsuccessful attempt by the professional to rectify it.
“The consumer is also entitled to a price reduction or contract termination when the lack of conformity is so serious that it justifies immediate action. In such cases, the consumer is not required to first request conformity.
“When the non-conformity is minor, the consumer may only terminate the contract if no price is stipulated in the agreement.
“Any period of unavailability of the digital content or service intended for restoring conformity suspends the warranty period until the service or content is made conformant again.
“These rights arise from Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
“A professional who obstructs, in bad faith, the implementation of the legal guarantee of conformity may face a civil fine of up to €300,000, which may be increased to 10% of the average annual revenue (Article L. 242-18-1 of the French Consumer Code).
“The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the date the defect is discovered. This guarantee entitles the consumer to a price reduction if they retain the digital content or service, or a full refund if they choose to forgo it.”
ARTICLE 11 : EVENTS
Senskers have access via the Platform to a list of Events that allow them to meet “in person.”
11.1 – Event Registration Process
Any Sensker wishing to participate in an Event must register for the chosen Event through the Platform. To do so, the Sensker must pay, at the time of registration and for each Event:
- The Registration Fee of €4.90 (incl. VAT), if they are not an Exclusive Sensker;
- The Participation Fee, which is specific to each Event, regardless of the Sensker’s status.
Once the registration is complete, the Sensker will receive a confirmation email serving as proof of registration. This email may contain specific participation conditions and/or a code of conduct, which the Sensker agrees to review and comply with.
Event registrations are personal and non-transferable.
11.2 – Cancellation of Participation or Event
11.2.1. Senskers may cancel their participation free of charge:
- For a Senskle Event: up to forty-eight (48) hours before the Event starts;
- For a Sensky Event: up to five (5) days before the Event starts.
To cancel, Senskers must go to the Event page via their Account and click on “Cancel my attendance.”
Refunds of Registration Fees and Participation Fees will be processed using the same payment method used at the time of registration, unless expressly agreed otherwise.
If the cancellation request is made less than forty-eight (48) hours before a Senskle Event or less than five (5) days before a Sensky Event, no refund will be granted. The Registration Fees and Participation Fees will be retained by MILANTYS and/or the Sensky organizers.
11.2.2. MILANTYS and/or the Senskys reserve the right to cancel any Event for any reason they deem necessary, including but not limited to unforeseen circumstances, adverse weather conditions, safety concerns, administrative decisions, or any other reason.
In the case of Event cancellation by MILANTYS and/or the Senskys, Senskers will be entitled to request reimbursement of the Registration Fees and/or Participation Fees related to the cancelled Event.
No other compensation, refund, or reimbursement shall be granted for expenses incurred or losses suffered by the Senskers, including but not limited to travel, lodging, or any other costs related to Event participation.
11.3 – Requirements and Conditions for Event Participation
11.3.1. Before registering for an Event, the Sensker must ensure they meet any specific requirements set by the Event organizer, which will be stated on the Event page (such as age, sexual orientation, etc.).
By registering for and participating in an Event, the Sensker agrees to:
- Comply with the specific terms of the Event, including the internal rules of the hosting venue;
- Arrive at the Event in appropriate attire, respecting any specified dress code;
- Maintain respectful behavior toward other participants and staff throughout the Event;
- Center their interactions around the principle of explicit consent;
- Keep the Event confidential by not disclosing its occurrence or the identity of participants to third parties;
- Refrain from using mobile phones to take photos, videos, or audio recordings of the Event or any participant;
- Not bring alcoholic beverages to the Event without prior authorization from the organizer;
- Refrain from excessive alcohol consumption during the Event;
- Not consume or offer illicit substances or medications to other participants;
- Not smoke within the Event premises unless permitted by the organizer;
- Respect the venue and help maintain its cleanliness;
- Report to a staff member any inappropriate or unlawful behavior during the Event, or any conduct that violates the Terms of Use, specific Event rules, or the venue’s regulations;
- Bring an official ID to the Event;
- Be in good physical and mental health to attend;
- Not invite unregistered individuals without the organizer’s prior written approval.
Senskers and/or their guests (who must be of legal age and approved by the organizer) may be denied access to or immediately removed from Events if they fail to comply with the Terms of Use, any specific Event rules, or the venue’s regulations.
11.3.2. Senskers expressly acknowledge that participation in an Event is at their own risk.
To the extent permitted by law, Senskers understand and agree that MILANTYS and/or the Senskys shall not be held liable for any injury, damage, loss, or harm of any kind occurring during the Event, whether inside or outside the Event venue.
At Events, sexual spaces and accessories may be made available to Senskers by the Event organizer. In this context, Senskers may freely engage in BDSM activities, fetish play, or other sexual interactions. The use of such spaces, equipment, and participation in sexual activities between Senskers and/or their guests is done entirely at their own risk. MILANTYS and/or the Senskys shall not be held liable for any injury, damage, loss, or harm resulting from the use of these areas or accessories, or from the interactions between Senskers and/or their guests.
ARTICLE 12: PERSONAL DATA
In accordance with French Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and civil liberties (known as the “Data Protection Act”), and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), Senskers are hereby informed that MILANTYS carries out automated processing of their personal data for the purposes of managing Subscriptions and providing the Platform and Services.
This data may be shared with subsidiaries and/or companies controlled by MILANTYS and/or with the Senskys, as well as with subcontractors who assist in managing the Platform and/or processing Subscription requests and/or delivering the Services.
Each Subscriber has the right to access, modify, rectify, restrict, port, and delete their personal data, as well as the right to object to its processing. To exercise these rights, they should contact MILANTYS by email at: support@senskle.com.
For further information, Senskers are encouraged to consult the “Privacy Policy” link available on the Website and/or the Platform.
ARTICLE 13: INTELLECTUAL PROPERTY
13.1. Certain elements—including, but not limited to, texts, illustrations, videos, logos, animations, and trademarks (hereinafter referred to as the “Intellectual Property Elements”)—appearing on the Website and/or the Platform are protected by intellectual property laws, particularly copyright law, and are the exclusive property of MILANTYS and/or third parties who have authorized MILANTYS to use them.
MILANTYS grants Senskers a personal, non-exclusive, non-transferable, royalty-free right to use the Intellectual Property Elements, the Website, the Platform, and any associated software for the duration of their registration. It is expressly prohibited—directly or indirectly—to copy, modify, create derivative works from, reverse engineer or disassemble, or otherwise attempt to obtain the source code (except as permitted by law), sell, assign, sublicense, or transfer any rights related to the Website, the Platform, or associated software.
Senskers agree not to alter in any way the Intellectual Property Elements, the Website, the Platform, or any related software, and not to use modified versions thereof, particularly (but not limited to) for the purpose of gaining unauthorized access.
Senskers are informed and acknowledge that the Intellectual Property Elements, the Website, the Platform, and any related software may contain confidential information or be protected by applicable intellectual property laws or other regulations. Senskers agree not to alter, rent, lease, sell, distribute, or create derivative works from such content, unless they have obtained the express prior authorization of MILANTYS.
In the event of improper or abusive use of the Intellectual Property Elements, the Website, the Platform, or any associated software, MILANTYS reserves the right to take any legal action necessary to protect its intellectual property rights and to deregister and/or deactivate the Sensker’s Account in accordance with Article 7.4 of the Terms of Use.
13.2. Senskers grant MILANTYS a worldwide license, for the entire duration of their registration on the Platform, to use the intellectual property rights associated with the content they provide (text, videos, photos, logos, etc.) in the context of using the Platform and/or Services. This license includes, in particular, the right for MILANTYS to reproduce, adapt, and translate such content for the purpose of managing and promoting the Platform and/or providing the Services, and to sublicense these rights to third parties.
ARTICLE 14: MODERATION OF ILLEGAL CONTENT ONLINE ON THE PLATFORM
In accordance with Articles 16 and 17 of Regulation (EU) 2022/2065 on digital services (hereinafter referred to as the “DSA”), MILANTYS is committed to complying with enhanced due diligence obligations regarding transparency and online safety, particularly concerning content moderation and the protection of Senskers’ rights.
To this end, MILANTYS invites Senskers to report any observed violations of the Terms of Use or applicable law on the Platform via the reporting button visible on each Sensker Profile and within every open conversation between Senskers. Senskers may also contact MILANTYS directly by email at: support@senskle.com.
Each report will be handled diligently and impartially by MILANTYS, in accordance with its internal procedures and the requirements of Article 16 of Regulation (EU) 2022/2065. MILANTYS has implemented appropriate measures to ensure that reports of illegal content or violations of the Terms of Use are not used abusively, in accordance with Article 17 of the Regulation.
All moderation decisions made by MILANTYS will be documented and communicated to the affected Sensker(s), enabling them to understand the reasons for MILANTYS’s decision and to be informed of the available means to contest such decisions.
ARTICLE 15: MILANTYS’ COMMITMENTS TO COMBATING SLAVERY AND HUMAN TRAFFICKING
MILANTYS is committed to upholding human rights and social justice and does not tolerate any form of modern slavery, forced labor, or human trafficking within its operations.
Accordingly, MILANTYS is committed to ensuring that these ethical standards are respected by its own suppliers and/or subcontractors. To this end, MILANTYS will conduct regular audits of these entities to ensure compliance with these principles.
MILANTYS also undertakes to cooperate with the relevant authorities to ensure compliance with these ethical standards. If any violations of these standards are discovered among its subcontractors and/or suppliers, MILANTYS commits to immediately cease collaboration with the parties involved and to report the unlawful activities to the competent authorities.
ARTICLE 16: MISCELLANEOUS PROVISIONS
16.1 – Evidence
Files, data, and messages recorded in MILANTYS’ computer systems shall be considered valid evidence of the actions and events that occurred between MILANTYS and the Senskers.
Unless proven otherwise, the storage of records shall be presumed to have occurred under reasonable security conditions if the messages, data, and other documents were systematically stored on a reliable and durable medium.
16.2 – Changes to the Terms of Use
MILANTYS reserves the right to modify the Terms of Use at its sole discretion at any time. Any revision shall take effect immediately upon publication. For any substantial modification of the Terms of Use, MILANTYS will take reasonable steps to inform Senskers of such changes, including via a banner on the Website and/or Platform, an email notification, or any other appropriate method. To the extent permitted by law, continued use of the Platform after such publication, with or without notification, constitutes full acceptance of the revised Terms.
16.3 – Severability; Waiver
If any provision of the Terms of Use is deemed invalid, void, or unenforceable for any reason, that provision shall be considered severable and shall not affect the validity and enforceability of the remaining provisions. Furthermore, any failure or delay by MILANTYS to enforce any of its rights under these Terms of Use shall not be interpreted as a waiver of those rights with respect to that or any future breach.
16.4 – Governing Law and Jurisdiction
Subject to the mandatory rules of the Sensker’s country of residence, the Terms of Use are governed by French law.
Consumer Dispute Mediation: In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, MILANTYS is a member of the CM2C Mediation Service. Their contact information is:
CM2C
49 rue de Ponthieu
75008, Paris
cm2c@cm2c.net
+33 (0)1 89 47 00 14
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the out-of-court settlement of disputes between consumers and professionals within the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
ANNEX
LEGAL PROVISIONS
RIGHT OF WITHDRAWAL
- Article L.221-18 du Code de la consommation
« Le consommateur dispose d’un délai de quatorze jours pour exercer son droit de rétractation d’un contrat conclu à distance, à la suite d’un démarchage téléphonique ou hors établissement, sans avoir à motiver sa décision ni à supporter d’autres coûts que ceux prévus aux articles L. 221-23 à L. 221-25.
Le délai mentionné au premier alinéa court à compter du jour :
1° De la conclusion du contrat, pour les contrats de prestation de services et ceux mentionnés à l’article L. 221-4 ;
2° De la réception du bien par le consommateur ou un tiers, autre que le transporteur, désigné par lui, pour les contrats de vente de biens. Pour les contrats conclus hors établissement, le consommateur peut exercer son droit de rétractation à compter de la conclusion du contrat.
Dans le cas d’une commande portant sur plusieurs biens livrés séparément ou dans le cas d’une commande d’un bien composé de lots ou de pièces multiples dont la livraison est échelonnée sur une période définie, le délai court à compter de la réception du dernier bien ou lot ou de la dernière pièce.
Pour les contrats prévoyant la livraison régulière de biens pendant une période définie, le délai court à compter de la réception du premier bien ».
- Article L.242-3 du Code de la consommation
« Est nulle toute clause par laquelle le consommateur abandonne son droit de rétractation défini à l’article L. 221-18 ».
- Article L.221-28 du Code de la consommation
« Le droit de rétractation ne peut être exercé pour les contrats :
1° De fourniture de services pleinement exécutés avant la fin du délai de rétractation et dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation ;
2° De fourniture de biens ou de services dont le prix dépend de fluctuations sur le marché financier échappant au contrôle du professionnel et susceptibles de se produire pendant le délai de rétractation ;
3° De fourniture de biens confectionnés selon les spécifications du consommateur ou nettement personnalisés ;
4° De fourniture de biens susceptibles de se détériorer ou de se périmer rapidement ;
5° De fourniture de biens qui ont été descellés par le consommateur après la livraison et qui ne peuvent être renvoyés pour des raisons d’hygiène ou de protection de la santé ;
6° De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d’autres articles ;
7° De fourniture de boissons alcoolisées dont la livraison est différée au-delà de trente jours et dont la valeur convenue à la conclusion du contrat dépend de fluctuations sur le marché échappant au contrôle du professionnel ;
8° De travaux d’entretien ou de réparation à réaliser en urgence au domicile du consommateur et expressément sollicités par lui, dans la limite des pièces de rechange et travaux strictement nécessaires pour répondre à l’urgence ;
9° De fourniture d’enregistrements audio ou vidéo ou de logiciels informatiques lorsqu’ils ont été descellés par le consommateur après la livraison ;
10° De fourniture d’un journal, d’un périodique ou d’un magazine, sauf pour les contrats d’abonnement à ces publications ;
11° Conclus lors d’une enchère publique ;
12° De prestations de services d’hébergement, autres que d’hébergement résidentiel, de services de transport de biens, de locations de voitures, de restauration ou d’activités de loisirs qui doivent être fournis à une date ou à une période déterminée ;
13° De fourniture d’un contenu numérique non fourni sur un support matériel dont l’exécution a commencé après accord préalable exprès du consommateur et renoncement exprès à son droit de rétractation ».
WARRANTY FOR HIDDEN DEFECTS
Article 1641 of the French Civil Code
The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so impair that use that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.
Article 1642 of the French Civil Code
The seller is not liable for defects that are apparent and that the buyer was able to detect on their own.
Article 1643 of the French Civil Code
The seller is liable for hidden defects, even if unaware of them, unless they stipulated that they would not be bound by any warranty.
Article 1644 of the French Civil Code
In the cases provided for in Articles 1641 and 1643, the buyer has the choice to return the item and obtain a full refund, or to keep the item and receive a partial refund.
Article 1645 of the French Civil Code
If the seller was aware of the defects, they are liable not only for returning the price received but also for all damages and compensation owed to the buyer.
Article 1646 of the French Civil Code
If the seller was unaware of the defects, they are only required to refund the price and to reimburse the buyer for any expenses incurred due to the sale.
Version dated July 8, 2024
© MILANTYS
