Nutzungsbedingungen

Version 1.0 in force as of October 28, 2026

Service: the Flowermes platform, available at https://www.flowermes.com, which lets you create and send a digital card made of a 3D flower and a written or voice message.

Card: the digital flower and the message that goes with it.

User: anyone who uses the Service, whether they create a Card (the "Sender") or receive one (the "Recipient").

Publisher: Kevalco, a SAS with a share capital of 2 500,00 €, registered under 994 157 576 R.C.S. La Roche sur yon, with its registered office at 4 Le Pommeragu, 85260 Montreverd, France.

These General Terms of Use (GTU) govern the use of the Flowermes Service provided by Kevalco. The terms for selling Cards are set out in the General Terms of Sale.

The Sender accepts these GTU by ticking the box provided for that purpose before paying for their Card. The Recipient, by opening a Card, uses the Service under these GTU. If they disagree, the User must not use the Service.

The Service is available from a web browser, with no account and nothing to install. Sending a Card is reserved for individuals aged 18 or over; by paying, the Sender declares that they have reached that age.

The Publisher may suspend access to the Service without notice in the event of a breach of these GTU, fraudulent use, activity that compromises the security or stability of the Service, or at the request of an administrative or judicial authority.

The User undertakes to use the Service in line with its purpose, these GTU and the law.

Prohibited content. It is forbidden to include in a Card, in writing or by voice, content that is:

• unlawful, defamatory, insulting, harassing or threatening;
• hateful or discriminatory;
• sexual or violent in nature, or inciting violence, self-harm or an offence;
• infringing a third party's rights (copyright, image, privacy);
• impersonating another person;
• advertising, commercial, fraudulent or solicitation-related (phishing, scams, canvassing);
• containing a third party's personal data without their consent.

Sending to a Recipient. The Sender must only send a Card to a person they know. They guarantee that they may lawfully provide that person's contact details (e-mail address). Sending Cards in bulk, to strangers or to harass a Recipient is forbidden.

Security. It is forbidden to bypass the Service's security measures, to send it abusive automated requests, to try to access other Users' Cards or to guess Card links.

The Sender composes their Card (flower, written message, voice message, delivery method) and then pays for it. Once the payment is confirmed, the Card is sent to the Recipient by e-mail, or made available to the Sender through a link and QR code.

Each Card has a secret link. Anyone who has this link can open the Card: the Sender and the Recipient are responsible for how the link is used and shared. Cards are not indexed by search engines.

The Card is accessible for 6 months and is then deleted (Article 8).

Anyone may report a Card that seems to breach these GTU by writing to hello@kevalco.com with the link to the Card concerned.

The Publisher may, on its own initiative or after a report, check a Card, and deactivate or delete it without notice if its content breaches these GTU or the law. No refund is due in that case. The Publisher may also block a Sender from sending new Cards in the event of abuse, and pass on to the competent authorities the information they request.

Data controller. Kevalco, 4 Le Pommeragu, 85260 Montreverd, France. Contact: hello@kevalco.com.

Data collected and purposes:

• To create and send a Card: the Recipient's first name, their e-mail address, the Sender's first name and e-mail address, the written message, any voice message, the choice of flower and the viewing angle. Legal basis: performance of the contract.
• For payment and tax obligations: payment identifier and amount, VAT applied, the country of the bank card and the country inferred from the IP address, used as evidence of the customer's country for VAT. Legal basis: legal obligation. Bank card numbers are never stored by the Publisher: they are processed by Stancer.
• For the security of the Service: IP address, to limit abuse (rate limiting). Legal basis: legitimate interest.
• Audience measurement: statistics with no cookies and no individual profiling (Plausible Analytics, hosted by the Publisher). Legal basis: legitimate interest.

Retention periods:

• Card (written message, voice message, the Recipient's and the Sender's contact details): 6 months from the date it is sent, then deletion;
• Card being created and not paid for: 7 days;
• Billing and payment data: 10 years (statutory accounting obligation).

Security. The Recipient's contact details and the Sender's e-mail address are encrypted in the database. The link to a Card is a random token that cannot be guessed. In the event of a data breach likely to result in a high risk to individuals, the Publisher informs them within 72 hours of discovering it.

Processors:

• Brevo (France): sending of e-mails;
• OVH SAS (France): hosting and file storage, including voice messages;
• Stancer (France): payment processing.

These providers act as processors, bound by confidentiality and security obligations compliant with the GDPR. If a provider is located outside the European Union, the transfer is covered by the European Commission's standard contractual clauses or any other GDPR-compliant mechanism.

Your rights. Under the GDPR, everyone has the right of access, rectification, erasure, restriction, objection and portability, by writing to hello@kevalco.com. In particular, the Recipient may ask for a Card sent to them to be deleted. Anyone may lodge a complaint with their data protection authority (in France, the CNIL: www.cnil.fr).

The Service, its texts, images, 3D models, logos, graphics and software are protected by copyright, trademark law and other intellectual property rights. Any reproduction, representation or use, even partial, is forbidden without the Publisher's prior written permission.

The 3D flower models are published by their authors under a Creative Commons Attribution licence (CC BY 4.0). Their credits are available at https://www.flowermes.com/de/bildnachweise

The Sender keeps their rights over the message they write or record. They grant the Publisher a limited, non-exclusive, free licence to host, reproduce and display this content, solely to provide the Card to the Recipient during its availability period. They guarantee that they hold the necessary rights over this content.

Availability. The Publisher aims to keep the Service available 24/7 without guaranteeing absolute availability. It may temporarily interrupt the Service for maintenance, updates or exceptional circumstances.

Limitation. To the extent permitted by law, the Publisher is not liable for indirect damages, and its liability is limited to the amounts paid by the User for the Card concerned. These limits do not apply to the rights the law gives consumers, nor in the event of gross negligence or wilful misconduct.

The Sender's responsibility. The Sender alone is responsible for the content of their Card, the contact details they enter and how the link is used. The Publisher is not a party to the relationship between the Sender and the Recipient and cannot be held liable for what they exchange or for the Recipient's reaction. The Publisher reserves the right to take any action against a User whose behaviour causes it harm.

The Service only uses cookies and local storage data that are necessary for it to work:

• Resuming a card in progress: a secure cookie, unreadable by scripts, limited to card-creation calls and kept for 7 days, containing a random token;
• Display language: remembers the detected or chosen language;
• Consent choice: records the answer given to the information banner;
• Administration session: reserved for the Publisher's team, with no effect on visitors.

No tracking, advertising or behavioural analytics cookie is set. The audience measurement tool works without cookies. These strictly necessary cookies do not require consent.

The Service is hosted by OVH SAS, 2 rue Kellermann, 59100 Roubaix, France, phone: +33 9 72 10 10 07.

These GTU are governed by French law. A consumer residing in the European Union keeps the benefit of the mandatory consumer protection provisions of their country of residence.

Consumer mediation. In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, a consumer may use the following mediator free of charge:

• CM2C, 49 rue de Ponthieu, 75 008 PARIS
• Email: litiges@cm2c.net
• Website: https://www.cm2c.net/declarer-un-litige.php

Mediation is optional. Failing an amicable solution, a consumer may bring the matter before the court with territorial jurisdiction under the rules of the Consumer Code. For a person acting in a professional capacity, the Commercial Court of La Roche-sur-Yon has sole jurisdiction.

The Publisher may change these GTU at any time to reflect changes to the Service or the law. The applicable version is the one published on the site on the date the Service is used; the version applied to an order is the one in force on the date of that order.

The Publisher is not liable for failing to perform its obligations in the event of force majeure as understood in French case law, including natural disaster, war, riot, a strike affecting an essential third-party service, a major internet infrastructure failure or a large-scale cyberattack.

These GTU are supplemented by the General Terms of Sale (GTS), which govern the purchase of a Card, and by the site's Legal notice.

For any question about these GTU or to report content:

• By e-mail: hello@kevalco.com
• By post: Kevalco, 4 Le Pommeragu, 85260 Montreverd, France

The Publisher undertakes to reply within 48 working hours.