Terms of Use for SWEEBI © (hereinafter referred to as the App)
Prerequisites for using the App
To be able to use all of the App’s features, you will need the following equipment:
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a mobile or fixed Internet data subscription,
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a smartphone- or tablet/PC-compatible-type mobile device (the “Equipment”).
IDOPIC © SAS Copyright
IDOPIC © SAS declares that it owns all distribution rights to the App.
These Terms of Use do not transfer the ownership rights to all or any part of the App’s elements to you. All reproduction, representation, adaptation and modification rights other than those granted in these Terms of Use are strictly reserved.
Please refer to the User License Agreement for a description of the usage rights granted to you.
Uninstalling - Retraction
You may uninstall the App at any time.
Use your device’s App manager to uninstall the App.
Prices
The App is free and may not be sold or distributed under any other than IDOPIC © SAS’s commercial transactions.
The App and its options and basic services are free. You are responsible for the data connection costs for downloading and using it.
Data connection costs are variable depending on your data subscription.
The premium features and services are not free and are governed by their own Terms and Conditions of Sale.
Personal data
The personal data collected while using the Service is subject to the French Data Protection Act No. 78-17 of January 6, 1978.
You have the right to access, correct and delete the personal data concerning yourself. You can exercise these rights by writing to:
IDOPIC © SAS
Personal data management
19 Avenue de Senart - 91230 Montgeron (include your name, address and phone number and attach proof of identity).
General provisions
These Terms of Use are governed under French law.
Both parties will endeavor to settle any disputes amicably.
Failing agreement within a month, any disputes which may arise regarding the validity, interpretation, performance or non-performance, interruption or termination of the Terms of Use shall be submitted to mediation. You may choose your own consumer ombudsman or email IDOPIC at médiateur@idopic.fr
The European Commission has provided consumers with an online system for the resolution of disputes: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If mediation fails or if you do not wish to engage in mediation, to the extent permitted by applicable law, parties that are not considered consumers under French law recognize the sole jurisdiction of the courts of Evry (91), France.
These Terms of Use may in no case be transferred, in whole or in part, against payment or otherwise.
Any provisions of these Terms of Use that may be judged invalid or unenforceable shall be deemed unwritten and shall not result in the invalidation of the other provisions or compensation.
Disclaimer.
The App and the service or services to which it provides access are provided on an as is and as available basis. IDOPIC © expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights and any warranties regarding the security, reliability, timeliness and performance of this App.
You download and use the App at your own discretion and risk, and you are solely responsible for any damage to your device or loss of data resulting from the download and use of this App.
Unless otherwise stated in this License Agreement, IDOPIC © is not liable to you for any harm resulting from the use or misuse of the App.
This limitation of liability:
(a) applies to direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether the claim is based on warranty, contract, tort or other offense (even if IDOPIC © SAS has been advised of the possibility of such damage);
(b) applies whether the damage is due to the use, misuse or reliance on the App, to the inability to use the App, or to the interruption, suspension, or termination of the App (including any damage incurred by third parties);
and (c) applies to the fullest extent permitted by law.
In case of non-compliance with the material obligations guaranteed in this License Agreement due to slight negligence, IDOPIC’s © may only be held liable for typical, foreseeable, direct and medium damage, except in the case of death or injury, in which case IDOPIC’s liability is unlimited.
IDOPIC disclaims all responsibility for the incompatibility of your device’s operating system version with the App.
Indemnification
You shall indemnify IDOPIC © SAS and hold it, its subsidiaries, its management, directors, shareholders, representatives and employees harmless from all third-party claims due to or arising from the violation of this Agreement’s provisions.
IDOPIC © reserves the right to defend its interests at its own expense, which does not exempt you from this obligation to indemnify.
Terms of use and respect for privacy.
In order to provide its services, IDOPIC retrieves and stores information related to your connection (including your device’s identification number) as well as geolocation and personal information, when you access the App. This information will never be communicated to unauthorized third parties.
IDOPIC © reserves the right to make changes to the App or this Agreement as far as permitted by law.
Any significant changes will take effect thirty (30) days after notification, unless you oppose the changes before the end of this thirty (30) day period. IDOPIC will inform you of your right to refuse the changes, of their date of application and of your right to uninstall and cease to using the App.
If you do not accept the changes to the App and/or to this Agreement, you may uninstall the App.
Any use of the App after the thirty (30) day notice period constitutes acceptance of the changes.
LICENSE AGREEMENT FOR THE USE OF THE SWEEBI © APP
By using the SWEEBI © app (the App), you accept the terms of the SWEEBI © App User License Agreement (the License Agreement) published by IDOPIC © SAS located AT 19, Avenue de Senart - 91230 Montgeron.
You agree to be bound by this Agreement and IDOPIC © is responsible for the App and the content of this License Agreement.
In order to use the App, you will be asked to be a SWEEBI © user and provide personal information.
Use of the App is subject to the Terms of Use.
Use of the App
IDOPIC grants you, for free, personal, non-exclusive and non-transferable use the App on one or more mobile or fixed device(s).
You may not modify, copy, publish, license, sell or otherwise commercialize the App or any information or software associated with the App.
You may not rent, lease, lend or otherwise transfer any rights to this App.
You may not use the App in any manner that could impair IDOPIC’s © website in any way or interfere with any party’s use or enjoyment of any IDOPIC © website.
You must use the App in compliance with all applicable laws. In particular, no objectionable content or abusive use will be tolerated.
The right to use the App will be immediately terminated if you violate any provision of this License Agreement.
When using the App, you must comply with applicable third party conditions (e.g. your wireless data service contract).
Intellectual Property
IDOPIC © owns or is the licensee to all intellectual property rights to the App, including all rights under patent, copyright, trade secret or unfair competition laws, and any and all other intellectual and industrial proprietary rights resulting from applications, renewals, extensions and restorations thereof.
IDOPIC SAS owns the IDOPIC and SWEEBI trademarks. You may not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this App and you will not remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices of the SWEEBI © App affixed to, contained within or accessed in conjunction with or by this App.
Last modification: October 13, 2016