Terms of Use

These terms of use (the “Terms”) govern access to and use of the Bimo mobile application (the “App”), published by BAUGEY MATHEO, trading as DEVOLIM (the “Publisher”). The financial terms of the Bimo Premium offer are set out in the subscription terms, which supplement these Terms.

Installing and using the App constitutes full acceptance of these Terms, of the privacy policy and of the disclaimer on the limits of the analysis, which form an integral part of them. If you do not accept them, you should not install the App, or you should uninstall it.

This English version is provided for convenience. In the event of any discrepancy, the French version prevails.

1. Publisher

2. Definitions

• User: any natural person installing and using the App.
• App: the “Bimo” software (identifier com.devolim.antiscam), its share extensions, its notifications and its updates.
• Content: anything submitted by the User for checking: message, email, screenshot, link, phone number, IBAN.
• Analysis: the processing of the Content by the App and the result it produces: score, level, findings and what to do next.
• Factual check: the technical check of a link, a phone number or an IBAN. It uses one peanut, like any other check.
• Free tier: use of the App without a subscription, subject to the quotas described in Article 6.
• Premium: the paid offer described in Article 7 and in the subscription terms.
• Trusted person: a User linked to another User under Article 9, as helper or helped person.
• Platforms: Apple's App Store and the Google Play Store, through which the App is distributed and Premium sold.

3. Entry into force, duration and amendment

These Terms take effect when the App is installed and apply for as long as it is used. The Publisher may amend them to reflect changes to the App or to the law. The applicable version is the one published at https://bimo.devolim.fr/en/terms.html at the time of use; any substantial amendment will be brought to the User's attention in the App. Continuing to use the App after an amendment constitutes acceptance, without prejudice to the User's right to stop using the App and, where applicable, to cancel their subscription.

4. Description of the service

Bimo is an information and awareness tool for the general public. From Content submitted by the User, the App produces:

• a risk score from 0 to 100, presented as a level;
• the list of findings, each with its explanation and its source;
• a course of action suited to the situation, including where appropriate the contact details of the competent public reporting bodies;
• educational guides by scam family, and a local history of checks.

The score is produced by aggregating automated technical checks and the assessment of a language model, whose contribution is bounded: it may only designate findings from a closed catalogue, whose wording is written in advance by the Publisher.

5. Nature and limits of the analysis

The disclaimer on the limits of the analysis develops this point and forms an integral part of these Terms.

6. Free tier and peanuts

The App can be used without signing up.

Each check (a message, an email, a link, a phone number, an IBAN or a screenshot) uses one peanut. Its nature does not matter: a check is a check. The starting allowance, the weekly refill and the cap on the reserve are shown in the App and set out in section 3 of the Subscription Terms.

Free and unlimited in number: helping a relative (answering their advice requests, receiving their alerts, standing by them), the educational guides and the local history. A first trusted person is also included. Asking a relative for advice, however, uses one peanut: it is a check like any other, and there is no separate free quota.

Those quotas may be adjusted under Article 12; they may not be reduced without the User being informed in the App.

The App carries no advertising and no feature depends on watching an advert.

7. Premium offer

Bimo Premium unlocks unlimited checks of every kind, several trusted people, unlimited advice requests and automatic alerts to trusted people. A subscription covers the account that took it out, and that account only: it cannot be transferred or assigned to another account. Premium is offered as an automatically renewing subscription, monthly or yearly, on the terms set out in the subscription terms. Under Article 293 B of the French General Tax Code, VAT is not applicable.

8. Account and identifier

An anonymous technical identifier is created on first launch, with no email and no password. It attaches quotas, any subscription and trusted links to the device. The User is informed that losing or resetting the device, or uninstalling the App, may result in the permanent loss of that identifier and of the trusted links established with it; the subscription itself can be restored from the Platform account (Article 11 of the subscription terms). Account deletion is available in the App settings and is irreversible.

9. Trusted people

The User may link up with another person, using a short-lived six-digit code, as the helped person (who asks for an opinion) or the helper (who gives it). The following rules apply:

• linking requires a voluntary step by both people, and may be broken at any time by either of them, without the other's agreement;
• only the check the helped person chooses to send is communicated to the helper, who has access neither to the history, nor to other checks, nor to any location data;
• automatic alerts are optional, off by default, subject to the express agreement of both people and limited to the highest risk level; the helped person may switch them off at any time;
• the number of links is capped; the limit in force is shown in the App;
• the helper carries no duty and no obligation: they are not required to reply, to reply within any given time, or to reply correctly. The opinion they give binds them personally only and in no way binds the Publisher.

This feature is neither a monitoring service, nor a safeguarding arrangement for vulnerable people, nor an assistance service. It cannot replace a legal protection measure or professional intervention.

10. User obligations

The User undertakes to:

• use the App for its intended purpose, in accordance with these Terms and applicable law;
• not circumvent free-tier quotas, purchase validation mechanisms, app integrity attestation or any security protection;
• not decompile, disassemble or reverse-engineer the App, subject to the mandatory exceptions provided for in Article L.122-6-1 of the French Intellectual Property Code;
• not submit Content in an automated or bulk manner, or for benchmarking, dataset building or third-party system training purposes;
• not use the App to test the detectability of a fraud they are designing, preparing or distributing, or for any fraudulent purpose;
• not publish an Analysis result as evidence, an expert finding or an accusation against an identified person or company;
• not rely solely on the App for a decision affecting their assets, their safety or the safety of others.

11. Content submitted for analysis

The User submits Content under their sole responsibility. They warrant that they received it legitimately and that they are bound by no confidentiality obligation, professional secrecy or legal or contractual prohibition preventing its disclosure.

It is expressly recommended to submit only what the diagnosis requires and to redact sensitive information that it does not. The User is informed that Content most often includes data about third parties; the processing of that data is described in § 5 of the privacy policy.

Content is not retained by the Publisher beyond the time of the Analysis. The Publisher claims no rights over the Content and uses it for no purpose other than producing the requested result: in particular, never for model training.

12. Availability, changes and minimum versions

The App depends on services and data supplied by third parties. The Publisher does not warrant the permanent availability of the service, nor the absence of interruption, delay or degradation attributable to those third parties, to communication networks or to maintenance. Where a source is unavailable, the App may return a partial result, flagged as such, or fall back to deterministic checks only.

Certain operating parameters (quotas, thresholds, feature activation, finding weights, the catalogue of recognised scams) may be adjusted remotely, without an App update: fraud techniques evolve faster than the Platforms' release cycles. Where a security fix or technical change requires it, the App may require a minimum version to be installed in order to keep working.

13. Intellectual property

The App, its code, its interfaces, its graphics, the Bimo mascot, the catalogue of findings, the educational guides and the scam reference data remain the exclusive property of the Publisher, as do the corresponding databases within the meaning of Articles L.341-1 et seq. of the French Intellectual Property Code. The User is granted a personal, non-exclusive, non-transferable and non-sublicensable right of use, limited to their own needs and to the duration of their use of the App.

Any extraction or re-use, qualitatively or quantitatively substantial, of the contents of the Publisher's databases is prohibited, as is any commercial exploitation of Analysis results. The trade marks, names and logos of companies or institutions mentioned in the App appear for information purposes only, to indicate that they are being impersonated by third parties; their mention implies no partnership, affiliation or endorsement by those entities.

14. Statutory guarantees

Consumers benefit, irrespective of these Terms, from:

• the statutory guarantee of conformity for digital content and services (Articles L.224-25-1 et seq. of the French Consumer Code);
• the guarantee against latent defects (Articles 1641 et seq. of the French Civil Code).

To invoke them, simply write to [email protected] describing the defect.

15. Liability

The Publisher undertakes to exercise the care and diligence required to deliver a quality service. It is nonetheless expressly agreed, given the nature of the service set out in Article 5, that:

• the Publisher is under an obligation of means, not of result, as regards the accuracy, completeness and relevance of Analyses;
• the Publisher is not liable for the consequences of a decision taken by the User on the sole basis of an Analysis, whether the loss results from an undetected fraud (false negative) or from forgoing a legitimate transaction wrongly flagged (false positive);
• the Publisher is not liable for the acts of the perpetrator of a fraud, nor for the content of third-party sites to which an analysed link leads;
• the Publisher is not liable for the opinion given by a trusted person, for the absence of a reply, or for how long a reply takes;
• notifications rely on services and background tasks run by the operating system, whose delivery may be delayed, restricted or suspended by the device: no guarantee of delivery or timing can be given, and they in no way constitute a safety alerting system;
• the Publisher is not liable for loss resulting from use that does not comply with these Terms, from circumventing protections, or from tampering with the User's device.

Under Article 1231-3 of the French Civil Code, the Publisher's liability is limited to direct and foreseeable loss at the time the contract was concluded. To the extent permitted by law, loss of opportunity, loss of data, reputational harm and indirect financial loss are excluded.

Nothing in these Terms excludes or limits the Publisher's liability for wilful misconduct, gross negligence or personal injury, or sets aside the mandatory rights granted to consumers by law.

16. Personal data

Personal data processing is described in the privacy policy. In short: no sign-up is required, the analysed Content is not retained, the history stays on the device, and account deletion is available from within the App.

17. Suspension and end of use

The User may stop using the App at any time and uninstall it, which erases the data held on the device. Uninstalling does not cancel an active subscription: cancellation is done from the Apple or Google account, as set out in the subscription terms.

The Publisher may suspend or restrict access to server functions in the event of a serious breach of Articles 10 and 11, of manifestly abusive or fraudulent use, or of conduct liable to compromise the security of the service or the quotas of third-party sources. Any such measure is proportionate, preceded by notice to the User where possible, and may be challenged at the address given in Article 21. Where an active subscription is suspended without justification, the User is refunded pro rata for the unused period.

18. Complaints

Complaints may be addressed to [email protected]. The Publisher answers directly and works towards an amicable solution.

The App is distributed, and Premium sold, by the Platforms. The sale of the subscription is concluded with Apple or Google, which collect the price, issue the invoice and alone handle refunds. Complaints about the sale, the charge, the invoice or a refund therefore fall to the Platform concerned and to its own channels, set out in section 12 of the Subscription Terms.

For everything relating to the supply of the service by the Publisher, the User keeps all of their rights and remains free to bring the matter before any competent court.

19. Governing law and jurisdiction

These Terms are governed by French law. Failing an amicable settlement, the French courts shall have jurisdiction. Consumers retain the benefit of the mandatory provisions of the law of their country of residence within the European Union and may bring proceedings before the courts of their domicile.

20. Miscellaneous

If any provision of these Terms is held void or unenforceable, the remaining provisions shall remain in full force, and the provision concerned shall be replaced by a valid clause of equivalent economic effect. The Publisher's failure to rely on a breach shall not be treated as a waiver of its right to do so later. These Terms, the privacy policy, the subscription terms and the disclaimer constitute the entire agreement between the parties in relation to use of the App.

The Platforms are neither parties to these Terms nor publishers of the App: they act as technical distribution intermediaries. Any complaint concerning the App must be addressed to the Publisher.

21. Contact

For any question about these terms: [email protected].