"Moovapps" General conditions of use

Version in force on 28 August 2018

Please read the general conditions of use carefully (hereinafter referred to as “Conditions”) before using this website (hereinafter referred to as the “Site”) and the apps hosted on the aforementioned website (hereinafter referred to as the “Service” developed by:

Visiativ Software SASU, a simplified joint-stock company with a single shareholder and a capital of €9,639,220, registered on the Lyon company and trade register under number B 353 695 174 (hereinafter referred to as “VISIATIV” or “We”).

Access and use of the Service are subject to you accepting and respecting these Conditions. If you do not accept the terms of these Conditions, you should not tick the box “I accept these conditions of use”. These Conditions apply to all visitors, users and other people who access or use the Service (hereinafter referred to as the “User”).

By accessing or using the Service, the User agrees to be bound by these Conditions.

User access to the Service is permitted through the contract binding VISIATIV to their client (hereinafter the “Client”) by which terms the Client obtained the right to benefit from the User Service.

Article 1 – Accessing the Site

The Site can only be accessed if you have a user account.

The user acknowledges that they have the ability and necessary means to access and use the Site; they acknowledge that they have checked that the computing equipment through which they connected to the Site (computer, smartphone etc.) does not have a virus and that there are no issues with it.

The site can be accessed 24/7 except in the event of force majeure or any other event outwith our control, particularly due to technical difficulties. Furthermore, We can suspend access to the Site in the event that it is being maintained and we will try to warn Users in advance in such an event.

We cannot guarantee that the Site will run seamlessly and without any issues.

We are only bound by an obligation of means regarding the operation and continuity of the Service and we are not bound by any obligation as a result regarding the accessibility of the Site and in no case are we responsible for the site being down and any resulting consequences that may arise.

We reserve the right to suspend or restrict access to all or part of the Site without any prior warning, particularly when we are updating it.

The User is informed that We can put an end to or change the nature of the services provided on our Site at any time, without prior warning and without the User having any grounds for appeal against us and/or being able to claim any kind of compensation.

We cannot be held responsible for any damages resulting from the use of the Site, whatever the cause.

Furthermore, We do not assume responsibility for:

  • Any suspension to the service that is unintentional or due to an event that is out of our control;
  • Any bugs or technical incompatibilities with the User’s equipment;
  • Any damages resulting from fraudulent access from a third party leading to a change in the information available;
  • Any damages that may be caused to the User’s equipment after accessing this site and its services or after using or downloading one of its features.

Article 2 – Creation of an account by the User

When the User creates an account on the Site (hereinafter referred to as “Account”), they must provide specific, thorough and up-to-date information. Not doing so constitutes a breach to the Conditions, which could lead to the immediate termination of the Account.

As soon as the User creates their Account on the Site, they are responsible for keeping the Account secure and all the activities that take place through the Account.

The Account is for personal use only and cannot be sold to a third party without the explicit and prior written authorisation from VISIATIV.

The User is also responsible for protecting their password used to access the Service.

The User undertakes to not disclose their password to a third party and to inform VISIATIV as soon as they are aware of any breach in security of their Account and/or any unauthorised use of their Account.

Article 3 – Confidentiality of access codes

Access codes are sent by VISIATIV as soon as the User account is created.

It is the responsibility of each User to change their password as soon as they log in to the Site for the first time,  for security reasons.

In this case, the User guarantees that the new password is strong enough to avoid any misuse by an unauthorised third party (for example, it is recommended that the User: (i) does not use their first name(s) and surname(s) and/or their children’s names, their date of birth, or any other information that is easy to guess or obtain; (ii) to use more than 8 characters in both upper and lower case).

Login details and passwords can only be used to grant access to User Services authorised by the Client in order to ensure Data protection.

Login details and passwords cannot be communicated to third parties. The client is the sole person who is entirely responsible for using Usernames and passwords and keeping them confidential.

In the event that they are aware or suspect unauthorised access to the SaaS Service and/or in the event that they lose their login details or they are stolen, “the User will do everything they can to stop the aforementioned act, they will inform the Client or VISIATIV directly and immediately and they will confirm the act in a letter, preferably with an acknowledgement of receipt.

In such an event, VISIATIV may choose to cancel the login details concerned and communicate the new details at their own or at the Client’s expense.

Article 4 – Conditions and scope of right to use the Service

With regards to the provisions of these Conditions, VISIATIV grants the user the non-exclusive and non-transferable right to use the Service.

VISIATIV grants the User the right to personal use. The User undertakes to only use the Service for their own purposes.

The right to use the Service excludes any other rights and does not entail the right to undertake any act that is not explicitly authorised, particularly with regards to translation, adaption and arrangement rights or any other changes to the Service.

The User is prohibited from:

Copying the Service for purposes other than backing it up in accordance with the conditions and limitations of the law applicable to it,

Sending copies of the Service to third parties,

Using Service specifications to create or facilitate the creation of a programme with the same purpose,

Modifying, altering or revising the Service,

Divulging the content of the Service without the prior written consent from VISIATIV,

Selling, leasing, subleasing or transferring the user license to a third party without the prior written consent from VISIATIV. The User uses the Service online and directly from the Site, which does not need to be downloaded from the Service. They can also use the Service on their mobile through a mobile access app, granting access to the Service when this feature is enabled.

Article 5 – Intellectual property

5.1. VISIATIV intellectual property rights

The contents of this Site, its general structure, presentation, texts, photographs, moving or non-moving images, logos, graphics and/or any other feature it entails are covered by the intellectual property rights We own.

Any representation, copy or re-use of part or all of the Site, by any means, for any purpose, without our prior, explicit and written authorisation, would constitute a breach of contract herein, as well as an infringement punishable by French legislation and international treaties on intellectual property protection and/or unauthorised retrieval of data, punishable under Article 323-3 of the Criminal Code.

Furthermore, the name and logos reproduced on the Site are the registered names and brands, protected by national and international laws. The Site may include a certain number of brands that belong to third parties (for example those belonging to our suppliers); these are also protected by national and international laws.

The User acknowledges that none of the Service’s intellectual property rights are transferred to them.

All the contents of this site are and will remain the exclusive intellectual property of VISIATIV, its suppliers or its licensors. Some apps hosted on the Site are the exclusive property of VISIATIV.

The User undertakes to not directly or indirectly violate VISIATIV’s intellectual property rights and they are prohibited from:

selling, lending, letting, leasing, sublicensing or commercially using the Service, particularly the software components identified as VISIATIV’s or the licensor’s property;

decompiling, disassembling or researching in any way whatsoever by recreating the source code of the software available in this Service;

correcting any errors when this is the exclusive right of VISIATIV or its copyright holders;

making the Service’s components and documentation and User’s username and/or password available to unauthorised third parties, directly or indirectly, in any way and for any purpose.

VISIATIV’s brands, suppliers or licensors, as well as the logos featuring on the Site are registered trademarks (semi-figurative or not).

Any total or partial reproduction and any total or partial representation of these brands and/or logos, carried out based on the elements of the Site without the explicit authorisation from VISIATIV or its suppliers or rights holders is prohibited, in accordance with Article L713-2 of the Intellectual Property Code.

5.2. User content

By providing, presenting, storing and publishing information on the Service (hereinafter “Content”), the User guarantees that:

The Content provided by the User does not breach any third party rights; including intellectual property rights,

The Content rights holder authorised the Content to be provided or published on the Internet, particularly in 3D or another format,

It is fully compliant with the third party licenses relating to Content that facilitate them using the Service;

The Content that it uses does not contain a virus, worm, malware, trojans or any other harmful or destructive content;

The Content is not spam, is not generated automatically and randomly and does not contain business information that goes against ethics and/or is unwanted and designed to encourage people to use third party sites and/or increase third party search engine rankings, or other illegal activities (such as phishing) or sending their recipients by mistake regarding the source of the Content (such as identity theft);

The Content is not pornographic or threatening, it does not encourage violent behaviour, it does not contain racial hatred towards individuals or legal entities and it does not violate privacy or affect the rights of a third party or good morals;

Their Account does not have a misleading name and is not likely to be confused with an individual or legal entity or be considered as infringing.

For any kind of Content protected by intellectual property rights that the User submits, stores and provides to/by way of the Service, the rights relating to the Service remain the property of their owner.

Where applicable, the User can choose to make their Content public on the Internet thank to the service’s features. The User can control the way their content is listed on search engines through the listing settings in the service preferences. In this regard, the User is the sole person responsible for publishing or not publishing their Content online.

Indeed, the User authorises VISIATIV to store and represent the Content protected by the aforementioned intellectual property laws that the User submits and/or provides to the Service or stores on the Service. This license is valid for the duration of the Content’s legal protection.

Without limiting the scope of these declarations or guarantees, VISIATIV reserves the right at their discretion (but is not obligated) to:

Reject or withdraw all Content that, in VISIATIV’s reasonable opinion, breaches these Conditions; or

Suspend or reject access and use of the Site to any individual or entity that does not respect these Conditions

In its capacity as service provider, VISIATIV will withdraw all Content reported to them as not respecting the dignity, freedom and property of the individual or the diverse expression of thoughts and opinions, as soon as it comes to VISIATIV’s attention.

Article 6 – Rules for using the Internet

The User confirms they accept the specifications and limitations of the Internet and particularly recognises:

That the User is the sole person responsible for how they use the Content. Consequently, VISIATIV will not be bound by any explicit or implicit obligation, as a result of civil liability, for any direct or indirect damages resulting from using the Content.

That they are aware of the nature of the Internet, particularly of its technical performances and response times for consulting, querying or transferring data;

That the User is liable for their own communication of personal details or generally any information deemed by the User to be confidential;

That it is the responsibility of the User to take all the measures necessary to ensure that their computer’s technical specifications and response times allow them to consult the Content and access the Service;

That it is the responsibility of the User to take all the relevant measures to protect their own data and/or software from any potential viruses running through the Site.

The User is invited to check all the information on the Site and to notify Us if there is any error, omission or inaccuracy by using the form that is available under the “Contact” section of the Site.

The User undertakes to use the Site and the Services offered while strictly respecting these Conditions, particularly restraining from any malicious or harmful use of the Site, refraining from sending any mass requests or messages via the sections dedicated to this purpose, which may burden, slow down or disrupt the functioning of the Site and Service.

Article 7 – Personal data:

In order to ensure that Users’ privacy is respected, We strive so that data collected and processed under this Site is carried out in accordance with the applicable regulations regarding personal data protection and more specifically in accordance with the French Data Protection Act, Law no. 78-17,  and with the General Data Protection Regulation no. 2016/679, or “GDPR” (hereinafter referred to collectively as “Legislation”).

Personal data collected for the purpose of accessing and using the Site are subject to automated processing under our responsibility, as Site Publisher, for the purposes of managing online services, commercial prospecting, targeted advertising and improving services, particularly through studying your browsing on the Site and statistics;

Our internal services, and service providers authorised to process your data and in charge of the operations that are necessary for the purposes outlined above, are the only recipients of the personal data collected through the Site. We undertake to never give your personal data to third parties without your consent.

Data is stored for as long as your user account is used.

In accordance with the Legislation, you benefit from a right to access, rectify, delete and, in the event you have a legitimate reason, object to your personal data being processed, as well as a right to limit and transfer your data in accordance with the conditions outlined in the Legislation.

You also have the right to determine what happens to your data after you die, as well as the right to file a complaint with the CNIL [French Data Protection Authority].

You can exercise these rights by sending an email to the following address:

privacy@moovapps.com

All requests to exercise these rights must be accompanied with proof of identity.

Article 8 – Cookies

We use “cookies” to optimise your use of the Site.

A cookie is a little text file that does not identify the User but that registers information about a computer’s browsing on a site.

The cookies that We use do not contain personal data but only an anonymous identification number and information about the computer’s browsing on the Site concerned (the pages consulted, the date and time of consultation etc.)

We mainly use session cookies allowing a User to log in and connect to the Site and elements of the User’s browsing history to be remembered during a session. These cookies are essential for the User to browse and access the Site. They can be deleted or blocked. However, if you want to delete these cookies that are absolutely essential, some of the Site’s features will not work as they should.

Other cookies that account for User preferences, settings chosen and previously consulted pages are also installed while browsing on the Site. Enabling these cookies is not strictly necessary for the Site to function, but they improve browsing performance.

These cookies are mainly used to improve the User’s personalised service. The data obtained aims to make subsequent browsing on the Site easier.

Statistics and people using the Site

In order to adapt the Site, its content and services to match Users’ needs, We use “Google Analytics” to measure the people using the Site. Cookies used for this service make it possible to analyse how people use the Internet and particularly the number of times they have visited the site, the number of pages viewed, User activity and how often they revisit the Site.

The data generated by the cookies with regards to using the Site (including the IP address) will be sent to and stored by Google on servers that may be located in the United States of America.

Google will use this information to evaluate how the Site is used, to compile reports on Site activity and to provide other services relating to the Site activity and Internet use.

Google is likely to communicate this data to third parties in the event that they are legally obliged to do so or when third parties process this data on Google’s behalf, including the Site Publisher. Google will not cross-reference your IP address with any other data they obtained.

The User can reject the use of Google Analytics by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=fr

Third-party cookies

When you access a Site, one or several third-party cookies are likely to be placed on your computer. These third-party cookies are intended to identify what you are interested in from the products you have viewed or purchased on the Site and to collect browsing data in order to personalise adverts you come across outwith the Site.

This is the case for example when sharing content on social networks (e.g. Facebook by integrating “share buttons” into the Site produced by social networks). Cookies may result from using these social networks.

Please note that we do not have access to and cannot control third-party cookies.

Please note that you can reject third-party cookies.

Finally, please note in general that it is possible to withdraw your consent for using cookies placed by the Site or third parties at any time, either for all cookies or for certain categories.

For example, Internet users can easily withdraw their consent by the following means:

for Mozilla Firefox: deleting and managing cookies

At the top of the Firefox window, click on the Firefox button.

Select the Privacy window.

Change the Retention policy settings: using the settings personalised by your history.

Tick Accept cookies.

for Microsoft Internet Explorer: deleting and managing cookies

Go to Tools > Internet Options

Click on the confidentiality tab.

Click on the advanced button, tick the “Ignore automatic management of cookies” box.

for Chrome: deleting and managing cookies

Click on the Chrome menu icon.

Select Settings.

Click on Show advanced settings.

In the “Confidentiality” section, click on Content settings.

choose your preferences in the “Cookies” section.

You can also disable “third-party cookies” on issuing corporations’ sites.

Internet users’ consent obtained by VISIATIV for using cookies is valid for thirteen (13) months from the placement of the cookies and can be extended if the User gives their consent again.

Article 9 – Security

We undertake to take all precautions necessary to protect your data and to ensure it is not distorted, compromised or communicated to unauthorised people.

However, We cannot and do not guarantee that the servers supporting the Site do not have any viruses and that the files available for download on this Site or any other third-party site are free from operational errors or viruses.

Furthermore, the User acknowledges to be informed that due to the specifications and restriction of the Internet network, the data circulating on this network is not protected from any kind of breach, including hacking, and it is therefore impossible to absolutely guarantee total security of data sent over the network.

It is expressly noted that the Internet is not a secure network. In these conditions, it is the User’s responsibility to do everything they can to protect the confidentiality of the data sent over the Internet network. We recommend that Users are careful with their personal details and take the necessary and appropriate measures to protect their data, software and equipment, particularly against any breach from a third party and against any infection by potential viruses circulating on the Internet network.

In any case, We will not be held responsible for any damages whatsoever that may arise when accessing and using the Site and nor will our subcontractors

Article 10 – Liability

The User is the sole person responsible for using this Service.

The User assumes all responsibility other than the compliance of the Service with the technical specifications outlined in the VISIATIV documentation.

It is the User’s responsibility to inform themself about all of the Service’s features and to implement the appropriate procedures in a compliant environment so the Service can be better used.

Under no circumstances will VISIATIV be held responsible for accidentally destroying the User’s data, as it is up to them to back up this data.

The User is fully responsible for the content that they send, store, submit and publish on the Service, as well as any damages resulting from the aforementioned content and from its distribution and reproduction.

In the context of the Service, VISIATIV is a host in accordance with the law of 21 June 2004, the LCEN [Loi pour la Confiance en l’Économie Numérique – Law on Confidence in the Digital Economy].

In this regard, VISIATIV does not verify the Users’ Content on the Service in advance and therefore cannot be held responsible for the Content, use or the impact of this Content.

Content hosting by VISIATIV or one of its subcontractors does not mean that they approve of the Content. The user must take the necessary precautions to ensure their Content is protected against viruses, worms, trojans and any other damaging or harmful content, in accordance with the aforementioned Article 3.2.

VISIATIV will not be held responsible for any downloads by the User or a third party of the Content posted or provided by the Service.

VISIATIV does not guarantee the continuity, quality and security of communication links with the User. Access to the Site can be momentarily unavailable, particularly for maintenance reasons.

VISIATIV cannot be held responsible for any faults or malfunctions reported on the communication networks used.

In the event that VISIATIV’s responsibility is called into question in accordance with this article, VISIATIV can counteract such an act, at their discretion, by correcting the anomaly or by replacing the disputed Service.

Article 11 – Limitation of liability

Under no circumstances, except in the event of gross negligence, will VISIATIV be held responsible for compensation for indirect damages that the User may be subject to when accessing or using the Service. By express agreement, any moral or business damages, loss in earnings or profits, loss of clientele or orders, loss of data or violation to data integrity, loss of chance, resulting complaints or third party claims against the User are considered as indirect damages.

In any case, except in the event of gross negligence, VISIATIV’s liability cannot exceed the net sum paid by the Client so the User can access the Service as part of the year in which the alleged non-compliance occurred.

Under no circumstances can VISIATIV’s liability be researched, particularly in the event that:

The Service is used in a way that is not compliant with the documentation presented by VISIATIV relating to the Service;

All or part of the Service not made by VISIATIV, or by one of the registered providers designated by VISIATIV, is modified ;

All or part of the Service is used when VISIATIV, after experiencing a difficulty or whatever other reason it may be, recommended to stop using the Service;

The Service is used in an environment or with a setting that does not comply with VISATIV’s technical pre-requirements or that is linked to third party data that has not been explicitly endorsed by VISIATIV;

Any damages occurred resulting from a fault or negligence on the part of the User, or if the User were able to avoid the situation by following VISIATIV’s advice;

Programmes that are not supplied or approved by VISIATIV are used in conjunction with the Service and that are likely to affect the Services or User Data.

Article 11 – Link to other websites

The Service may contain links to other third-party websites or services that are not owned or controlled by VISIATIV, particularly links to the CNIL or links to news websites.

Under no circumstances can VISIATIV be held responsible for content, confidentiality policies or practices on the aforementioned websites.

Article 12 – Duration and Termination

The duration of the use of the Service by the User is the same duration as the previous duration in the contract drawn up between VISIATIV and the Client, except in the event that the contract with the Client is broken for whatever reason.

Likewise, in the event that the User fails to comply with these Conditions, the User Account and license will be terminated in its own right and without prior warning by VISIATIV and the Service will stop immediately as soon as the information is cancelled by VISIATIV. The user recognises that in this case, they will delete all traces of the Service and will provide VISIATIV with a declaration on request certifying that they have complied with all the provisions of this article.

All the provisions of these Conditions which, by nature, must continue through the breach will continue through the breach, regardless of the reason for the breach.

Article 13 – Force majeure

VISIATIV will not be held responsible for any delay or breach in its obligations, if the said delay or breach is caused by a force majeure, such as strikes, absence from work, bad weather, fires, explosions, floods, accidents, riots or public disorder, boycotts, problems with connecting to the wifi network or delivery delays for source and licensed products relating to the Service or breaking any license contract that is necessary to use the Service for a reason that is not caused by VISIATIV.

Article 14 – Modifications to the General Conditions of Use

VISIATIV can modify and/or replace its Conditions at any time at their discretion.

After every modification or replacement in the Conditions, the new Conditions must be accepted by the User before accessing the Service. After accepting these new Conditions, the User will be bound by these new Conditions.

Article 15 – Contact

The User can contact VISIATIV with any questions about the Service or these Conditions at the following email address:

contact@moovapps.com

Article 16 –Disputes

These Conditions and any operations affected by these Conditions are regulated by French law.

ANY DISPUTE RELATED TO THESE CONDITIONS, PARTICULARLY TO ITS INTERPRETATION, EXECUTION OR BREACH, WILL BE SUBJECT TO THE SOLE JURISDICTION OF THE COURTS OF LYON.