Effective from 1 October 2025
WELCOME TO EVER LASTING! LET’S START WITH THE ESSENTIALS
1) About you and us
About us
We are EVER LASTING, a simplified joint-stock company (SAS). Our registered address is: 16 rue Maurice Ravel, 92500 Rueil-Malmaison, France, company number 988 762 688.
In these Terms and Conditions of Use, the terms “Ever Lasting,” “we,” “us,” “our” refer to EVER LASTING.
Our activities. We own and operate mobile applications, websites and/or other platforms (together, the Site) through which we provide the following services:
• Hosting services, acting as an intermediary between Users (Donors, Receivers, or Pro Users);
• Other services for our Users, as described below.
We are responsible for the Services we provide, within the limits of applicable law and our commitments, and under the conditions set out in these Terms and Conditions of Use.
About you and our Users
You are one of our Users and you:
• are at least 18 years old;
• have an account;
• use our Services for personal or professional purposes;
• accept these Terms and Conditions of Use.
You may give and/or receive items.
Users may be:
• a Donor, who has created an account and lists goods and items to give away (each an Item) in an electronic catalogue on our Site (the Catalogue); and/or
• a Receiver, who has created an account and may view, search and request the pickup of an Item or several Items forming a lot, in accordance with the applicable Pricing Conditions;
• a Pro User: a business, public-interest institution or association that gives and/or receives Items. A Pro User is marked with a specific icon to be easily identified on the Site as a professional. A Pro User may mention its business advertising in the description of its Item listings.
2) About these Terms and Conditions of Use
These Terms and Conditions of Use (the Terms and Conditions) form a legal agreement between you and us and govern your use of our Site and Services.
You accept these Terms and Conditions by clicking the acceptance button when you register and create an account on Ever Lasting (an Account), or when we notify you of updates to these Terms and Conditions.
Defined terms. Where a term appears in capital letters, it is a defined term.
Catalogue Conditions. The Catalogue Conditions, which govern the Items you list, form an essential part of these Terms and Conditions. If any provision of these Terms and Conditions conflicts with a provision of the Catalogue Conditions, the Catalogue Conditions shall prevail.
3) How to contact us
To report a problem.
If you discover that another User has done something illegal, infringed someone’s rights, or violated these Terms and Conditions, you can notify us as follows:
• follow the reporting procedure available on the Site; or
• email contact@ever-lasting.eu if you wish to report specific illegal Items (including Items that infringe intellectual property rights).
We will try to assist the affected party and will cooperate with local authorities where necessary.
To raise a dispute.
We hope you enjoy our Services, but if you have a disagreement with us, please fill in our dispute form so that we can try to resolve the matter as quickly as possible.
For other questions.
For questions or to message us, email contact@ever-lasting.eu.
WHAT ALL USERS NEED TO KNOW
4) Becoming a User
Creating an Account.
To create and secure your Account, you must provide your email address and mobile phone number, and choose a unique username (“Handle”) and password. Disposable or masked email addresses are not permitted for Account creation.
Verification and security actions.
During registration and at any time while using our Services, we may ask you to:
• help us verify information on your Account (e.g., your phone number, email address, or payment method);
• provide relevant additional information;
• correct any incorrect or incomplete Account information;
• answer security questions.
This is to confirm that you are the person accessing your Account and/or carrying out Item exchanges on the Site. Our requests will be proportionate to the security issue we are addressing. If the information you provide is incomplete or incorrect, or you do not respond, we may take remedial measures or block your Account as described below.
Account restrictions.
You may hold only one Account. However, if we block your initial Account because it was unlawfully taken over, you may, with our express consent, create a new Account. You may also hold both a personal Account and a Pro Account at the same time, but each must use a different email address and remain clearly distinct.
Events.
We may announce special offers, contests, games, or other Events for some or all Users, subject to eligibility criteria we define. Certain Site features may be temporarily modified or unavailable during an Event.
Third-party sites and content.
Some Site features use tools and services provided by third parties and governed by their own terms. We will provide a link to those terms for your review and acceptance before you use such features.
Presentation of information.
To offer the best experience, we may reorganize the Catalogue, ad spaces, or other information on the Site. These changes will not affect the Content you provide or our obligations under these Terms and Conditions.
5) Use of the information you provide
Our use of your personal data.
We process your personal data to fulfil our obligations and rights under these Terms and Conditions and to provide the Services. Please read our Privacy Policy for details on how we collect, store, use, and protect your personal data. We strive to protect your data, but even robust security measures cannot fully prevent cyberattacks or guarantee that unauthorized third parties will not gain access or cause harm.
Our use of your Content.
You grant us a non-exclusive, royalty-free, worldwide licence (i.e., no payment owed to you) to use your Content for the duration of applicable rights. We may copy, distribute, and adapt the Content for operational, business, advertising, or other internal commercial purposes on any platform or medium, including TV, print, the Internet (banners, articles, other websites), and social networks (Facebook, X/Twitter, Instagram, etc.). You may stop the advertising use of your Content at any time by opting out in your Account settings.
6) Obligations and prohibitions
Obligations.
To maintain a safe, reliable, and secure environment, you agree to:
• comply with these Terms and Conditions and applicable laws;
• provide truthful, accurate, up-to-date information about yourself and promptly update your Account if your information changes;
• keep your login details and password confidential and notify us if you suspect unlawful Account takeover;
• share information from the Site with third parties (including on social networks) only via the Site’s Share function when available;
• remain responsible for all information, photos, or other data you upload to the Site and hold all rights to such Content.
Prohibitions.
When creating an Account or using the Site/Services, you agree not to:
• do anything illegal, unethical, or contrary to public safety, or that infringes our or third-party rights (privacy, confidential information, IP rights);
• use any external software tools (including, without limitation, bots, scraping, crawling, spiders) during registration and/or use of the Site/Services (e.g., to promote Items or add Items to favourites) unless expressly permitted by us;
• use any tool that disrupts normal Site operation or infects/damages another User’s device;
• adapt, copy, modify, distribute, or commercialize any Site content without our prior written consent;
• data-mine, screen-scrape, data-crawl, disassemble, decompile, or reverse-engineer any part of the Site;
• publish any Content that glorifies, promotes, encourages, or incites terrorism, racism, revisionism, xenophobia, homophobia, sexism, hatred, discrimination, human trafficking, organized crime, illegal organizations, self-harm, suicide, torture, animal cruelty, war crimes, sexual exploitation of children and/or adults, cults, or any other unlawful content;
• repeatedly delete and re-add the same Item(s) in bulk;
• collect, hold, or disclose information obtained unlawfully about other Users, their Content, or their actions on the Site;
• promote other websites or companies through advertising on our Site, except for advertising expressly permitted for Pro Users.
Please see our Community Rules for more information.
7) Our rights when handling concerns
Remedial measures.
If we detect a breach of these Terms and Conditions or a manifestly unlawful act, we may:
• send you a warning;
• remove or automatically correct your Items in the Catalogue;
• demote, hide, or remove your Content from the Site;
• hide private messages you sent so the recipient cannot view them;
• restrict your Account by blocking access to certain features (e.g., messaging, Item visibility);
• inform local authorities if there is a threat to life or safety.
Blocking your Account.
We may temporarily or permanently block your Account:
• if, after remedial measures, you continue to breach the Terms and Conditions;
• in case of a serious breach, including:
– providing incorrect, false, or misleading information, or failing to keep it updated;
– failing to cooperate with our verification requests;
– misusing Site features;
• in the scenarios below: disputes related to transactions, legal/safety concerns, underage users, security threats.
Consequences of blocking.
• you will no longer be able to use the Site;
• your Items will be removed from the Site and Catalogue;
• we will not refund Services purchased;
• upon blocking, all Exchanges are immediately halted;
• we may prevent you from creating a new Account.
Automation and authority notifications.
We may use automated tools to detect and apply these measures, or act on notifications from competent authorities.
Proportionality.
Any action we take will be proportionate to the violation and will consider your interests.
Statement of reasons.
Where action is taken, we will inform you of:
• the reasons;
• the restriction applied;
• the facts and legal grounds;
• any automated means used;
• available redress (see Your avenues of redress).
We may withhold such information if required by law or an authority, if it would disrupt an investigation or facilitate continued fraud, or in case of a serious breach.
Measures without prior notice.
Possible notably where:
• suspicions are reported by a User (fraud, money laundering, identity theft, forged documents, etc.);
• issues relate to Exchanges (objective and legitimate grounds);
• legal/safety concerns (glorification of crimes, incitement to hatred/violence, child sexual abuse material, harassment, impersonation, prohibited tools, technical threats such as suspicious IPs, scams/spam, etc.);
• use by a minor;
• the law prohibits advance notice;
• security threats;
• repeated or serious violations.
Your avenues of redress.
• by email to contact@ever-lasting.eu (attach the statement of reasons you received);
• via an approved alternative dispute resolution body;
• before the competent national courts.
8) Our Services
Subject to these Terms and Conditions, every User may access the following features:
• Post an Item Donation Listing;
• Search and browse Items in the Catalogue;
• Reserve an Item;
• Have an Item reserved for them under the Site’s current pricing terms;
• Receive instant messages from other Users about Items;
• Send messages (provided you hold a valid paid subscription, excluding promotional offers);
• Post your creations/transformations to share with the community;
• View your own User Barometer, and view others’ Barometers and ratings.
9) Posting a listing
Any User may post a Listing to give an Item (or several) they own to another User. The posting User is responsible for the listing’s accuracy and content (information, photos, condition, category, characteristics).
Minimum required information: Photo, Listing Title, Item Condition, Category. The User may indicate urgency. The Item will remain visible after the stated date; it is the User’s responsibility to delete the Listing once the Item is no longer available.
We may, if we detect an anomaly, block publication or modify the content (including if an inappropriate category was chosen). Some Item donations are prohibited—see the Catalogue Conditions. Every Listing must include a pickup address. Listings remain published for a maximum of 180 days; after that, we may delete them without notice. By posting, the User expressly agrees we may use the Listing content for communication purposes and duplicate it on any site we operate.
10) Listings by professionals
Pro entities are flagged on the Site with an icon identifying them as professionals. A Pro may choose to give their Item to an individual or to another Pro. When choosing Pro → Pro, the Pro Donor may define a priority visibility period for Pros before the Item is shown to other Users. A Pro may, if desired, include business advertising in the Listing. A Pro may not contact other Users via secure messaging for advertising purposes.
11) Contacting a User
All Users can access the Items in the Catalogue, their descriptions and photos. Only Users with a current paid subscription (excluding promotional offers) may contact other Users about Listings. This also grants them the right to collect Items from the Catalogue. There are no limits on messages sent or Items collected.
Politeness and mutual respect rules are strict on the Site. Any incivility may result in Account blocking and subscription suspension, without refund.
12) Collecting an Item
For subscribed Users, we provide dedicated messaging to contact Donors of one or more Items and propose a pickup appointment. Contacts occur exclusively on the Site. A User may express interest in an Item (or several) and, via messaging, clarify characteristics and set the location/date. Users may use a Site calendar to set and manage the appointment date and time, and notifications.
Only the Donor decides who receives the Item. To assist, a User Barometer ranks requests according to each User’s actions. We do not guarantee Donor acceptance nor the effective handover. Users are solely responsible for the handover conditions.
13) Appointment list
A User may propose an appointment via the messaging calendar, provided they hold the reservation for the Item. An appointment list is available for optimal tracking.
Once both parties accept an appointment, it locks 24 hours before the time; no calendar changes are then possible. The parties may still rearrange via direct messaging. The list also allows the Donor to record a no-show by the Receiver for a confirmed appointment and penalize them (Barometer point deduction). This function remains active for 24 hours after the appointment, then disappears. During those 24 hours, no other appointment with the same User can be scheduled via the calendar (direct messaging remains possible, but without automatic penalty).
14) User Barometer
Certain actions on the Site add points (donations, ratings, referrals) or deduct points (missed appointments). The total defines the User’s Barometer level, displayed in their activity and visible to others. When a recovery request is made, the Donor sees the Requester’s Barometer and may choose to prioritize them. The Donor remains free to decide; the Barometer assists decisions but is not mandatory for reservation.
Ever Lasting may periodically modify the Barometer scale (for performance readability) and the calculation rules (points per action, valued actions).
15) Searches
Any User may run searches by category or keyword to find an Item meeting specific characteristics.
16) Monthly Top Users
A gaming system allows Users to appear in the Top Users of the Month. Ever Lasting calculates points based on actions during the month (as for the Barometer). We expressly reserve the right to modify the calculation conditions without notice, to improve user experience and community life.
17) Business (Pro) offers
We provide two offers for Professionals:
A) An Item Donation offer with advertising included in the Listing by the Pro Donor. The Pro Donor receives a badge on the Site. The Item may be given to Pros only, or to Pros and/or individuals (at the Pro Donor’s choice). Other features are identical to those for a standard User.
B) A Company Offer allowing employers to pay discounted subscriptions on behalf of employees so they can use the Site’s features free of charge. Billing is directly between us and the company.
18) Paid subscription on the Site
A User may take out a paid subscription to contact Donors. Payment enables the User to collect Items without limit. Payment is due upon contract conclusion for the entire subscription period selected. We offer 1-month, 3-month, and 12-month periods.
Subscriptions auto-renew: your payment method will be charged periodically until you cancel. After the initial term, the subscription renews automatically for an equivalent term at the current price.
All fees are non-refundable; no refunds or credits for partially used periods. If an Account is terminated early under Sections 6 and 7 of these Terms and Conditions, Account deletion or suspension results in loss of subscription benefits, without refund. Deletion or suspension does not automatically cancel the subscription: the User remains solely responsible for cancelling per the procedure below.
Free trial.
We may offer a free trial. Payment details are collected by the Apple App Store or Google Play Store; no charge occurs during the trial. To avoid charges, the Subscriber must cancel during the trial; otherwise, the first term will be charged with no refund from the Company.
Cancellation.
The User may cancel at any time. The current period remains due, and cancellation takes effect at the end of the current period. The User may continue to use the subscription until that date. The cancellation procedure is available here.
19) Subscription payment
Payments are processed by the Apple App Store or Google Play Store, depending on device. Card information is stored by those stores for automatic payments. The Company does not collect or access any banking data.
20) Intellectual property
The Site belongs to us. We, our affiliates and/or licensors own all intellectual property rights in the Site: system, layout, software, domain names, trademarks, logos, slogans, graphics, photographs, animations, videos, texts, and all other content. Any reproduction, use, or representation without express authorization is prohibited and may be prosecuted.
All rights (copyright, trademarks, database producer rights, etc.) remain our exclusive property. Any reproduction or representation, in whole or in part, by any means, without our prior written authorization, is prohibited and constitutes infringement (French Intellectual Property Code arts. L.335-2 et seq., L.713-1 et seq.).
The User agrees to:
• not infringe Ever Lasting’s rights, trademarks or distinctive signs, nor those of professional Users;
• not copy, by any means or software, contents/elements of the database (photos, texts, videos, illustrations, etc.);
• not alter, modify or transform such contents without our prior written consent;
• not extract or reuse, for commercial purposes, a substantial (or insubstantial) part of the contents without written authorization.
We grant Users a personal, non-exclusive, non-transferable licence to use the Site and its information in accordance with these Terms. Any other use is excluded without our prior written consent.
21) User responsibilities and commitments
a. User commitment
The User declares compliance with regulations and that they will not infringe third-party rights. They must refrain from conduct contrary to decency and from insulting or degrading remarks.
Their Account must contain:
• no false and/or misleading mandatory information;
• no information infringing third-party rights.
The User is solely responsible for the information provided when creating the Account. The User agrees not to collect a donated Item for the purpose of reselling it on other second-hand platforms, unless the Item has been transformed, improved, or repaired by the same User.
We may delete, at any time and without compensation, any Account that violates the law or these Terms.
b. Donor commitments
The Donor warrants that their Listing complies with regulations and does not infringe third-party rights.
In particular, the Listing must not contain:
• any offer concerning illicit or pharmaceutical products;
• hyperlinks redirecting to external sites;
• false, misleading, or deceptive information;
• any statement harming the rights and/or image of Ever Lasting or third parties.
The Donor expressly undertakes not to request any money or consideration in exchange for their donation. The Donor is solely responsible for the content of Listings and any documents provided.
The User expressly releases Ever Lasting and its affiliates from all liability, holds them harmless against third-party claims, and bears damages, costs, and expenses, without prejudice to our right to seek compensation. We may refuse or remove any Listing contrary to law or these Terms.
22) Account deletion
a. By any User
A User may end their relationship with us at any time, without cost and without reason. Account deletion (and associated data) may be requested by post or email: contact@ever-lasting.eu.
The profile will be permanently deleted. No refund is available for a subscription currently in force. The User remains responsible for effectively cancelling their subscription. On re-registering, the User will not recover their former Barometer and cannot reactivate the old Account.
b. By us
In case of (i) breach of these Terms (notably Sections 6 and 7), or (ii) serious reasons relating to Site security and integrity, fraud prevention, or Site conviviality, we may, immediately and without notice:
• terminate these Terms; and/or
• prevent publication or remove any content; and/or
• limit access to and use of the Site; and/or
• suspend the Account temporarily or permanently.
You will be notified and informed of the reasons (facts and circumstances). We will decide, at our sole discretion, whether to lift the measures. In case of permanent suspension, no refund is available if a paid offer is in force.
23) Our undertakings and our liability
a. Matching role
Our role is to connect Users (including Pros) for Item donations. We do not intervene in exchanges beyond providing the Application. We are not party to any contractual or extra-contractual relationships between Users and cannot be liable for resulting damages.
b. Conformity guarantee
If you reside in the European Union, you benefit from the statutory conformity guarantee for our digital services. We are liable if the service is non-conforming at the time of provision (or within two years), or if it becomes non-conforming over time. Claims: contact@ever-lasting.eu.
c. Site availability and limitation of liability
We are not liable for interruptions due to maintenance or events beyond our reasonable control. We use best efforts to:
• inform you of planned restrictions;
• schedule downtime outside peak hours;
• limit maintenance duration.
We disclaim liability for:
• interruption, breakdown, or inaccessibility;
• loss of data provided by the User (Users must back up their content);
• abnormal or unlawful use of the Site;
• hacking or cyberattacks.
Our liability is limited to direct, proven damages resulting from our contractual breach. Ever Lasting is not liable for indirect damages (loss of revenue, profit, opportunity, data, goodwill). Each User is solely responsible for damages caused to third parties. The User acknowledges using the Site as is.
d. Hosting provider
As a hosting provider, we do not carry out general monitoring of Content or Items posted. To the extent permitted by law, we accept no liability for losses related to a match between Users, except as expressly covered by our legal or contractual obligations.
24) Dispute resolution
Disputes between a User and us.
If a disagreement persists after a complaint, you may use the EU Online Dispute Resolution platform or national consumer protection bodies for ADR, or bring proceedings before the courts of your place of residence.
Governing law.
These Terms and Conditions are governed by the national laws of your habitual residence.
25) Miscellaneous
a. Updates to the Terms and Conditions
We may update these Terms at any time. Depending on the change:
| Change type | When we inform you | Action needed |
| Minor editorial corrections (e.g., typos) | We apply updates; you can view them at any time | None |
| Security issue / harm or abuse prevention | 30 days in advance, unless not possible for security reasons | None |
| New services/features or improvements (without affecting ongoing transactions or your current use) | 30 days in advance | None |
| Any other change | 30 days in advance | Click Accept within 30 days of our notice |
If you do not wish to accept the new version, you may close your Account free of charge, contact Customer Support, download your personal data, or complete a Transfer.
Changes are not retroactive and do not affect exchanges already completed. If you disagree, you may end the relationship at no cost. If you delete your Account while a subscription is active, no refund can be claimed.
b. Assignment
We may transfer our rights and obligations under these Terms to another entity (with 30 days’ prior notice). If you disagree, you may close your Account. You are not permitted to transfer your rights and obligations to a third party.
c. No partnership
These Terms do not create a partnership or agency relationship between you and us. Neither party may legally bind the other.
d. Severability
If any section is found illegal, the remaining sections remain fully in force.
e. Evidence
The User agrees that files and emails are admissible in court and evidence of the data they contain, as well as of authentication and signature processes (e.g., signature on tablet/screen, checkboxes, etc.).