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Terms of Use (TCU) for Auticiel’s AMIKEO applications (Individuals)

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1. PURPOSE

The purpose of these terms and conditions is to define the terms and conditions of use of the services offered by the AMIKEO Auticiel suite applications (hereinafter referred to as the “Services”), and to define the rights and obligations of the parties in this context.

These general terms and conditions of use, as well as the related services, apply exclusively to subscriptions taken out on the stores (AppStore and Google Play Store) or from the AMIKEO Cloud, for personal use only (as an individual). For all other use cases (professionals in institutions, private practice, etc.) please contact contact @ auticiel.com.

In particular, they are accessible and printable at any time via a direct link at the bottom of the site’s home page, by direct access to the address https://auticiel.com/amikeo/terms-of-use/, as well as from the applications when these conditions are validated.

They may be supplemented, where applicable, by conditions of use specific to certain Services. In the event of contradiction, the special conditions shall prevail over these general conditions.

2. OPERATOR AND USER OF SERVICES

The Services are operated by Auticiel SAS, a company with share capital of €12,923, registered in the PARIS Trade and Companies Register under no. 795083633, whose registered office is located at 3 rue Jules César, 75012 Paris, FRANCE (hereinafter referred to as “Auticiel”), on behalf of the contracting user (hereinafter referred to as the “User”). It should be noted that the nature of Auticiel’s Services means that the actual user of the applications is often a natural person distinct from the User (understood here as the person responsible for the contractual relationship with Auticiel).

Auticiel can be contacted at the following address:
Postal address: Service Clients, 3 rue Jules César, 75012 Paris
E-mail address: contact @ auticiel.com

However, it is hereby specified that Auticiel has no direct commercial relationship (in the sense of a customer-supplier relationship) with the User in connection with these Services. The user is necessarily contractually bound either to the AppStore, in the event that he/she downloads his/her applications and consumes the Services from an Apple tablet, or to the GooglePlay Store, in the event that he/she downloads his/her applications and consumes the Services from an Android tablet. In both cases, the AppStore or the GooglePlay Store are referred to hereinafter as the “Store”.

3. SERVICE DESCRIPTION

Auticiel is a publisher of applications for the autonomy of people with cognitive or mental disabilities. Within the AMIKEO suite of applications (hereinafter “AMIKEO”), Auticiel offers dozens of exercises adapted for learning, as well as applications to help you become independent! All the applications in the AMIKEO suite are co-designed with professionals from specialized facilities and tested in our partner establishments.

Subscription gives access to all applications in the AMIKEO suite, as well as :

  • Access to personalized content for all applications
  • Access to new Auticiel applications in the AMIKEO suite
  • Frequent bug fixes and application upgrades
  • Access to dedicated Customer Support from our applications

 

4. ACCESS TO SERVICES

The Services are accessible to the User, subject to the restrictions set forth :

  • any natural person with full legal capacity to commit to these terms and conditions. Individuals who do not have full legal capacity may only access the Site and Services with the consent of their legal representative;
  • any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity;
  • any individual or legal entity having subscribed to the ad hoc commercial offer (free trial or paid) on the Store.

 

5. ACCEPTANCE OF TERMS AND CONDITIONS

Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance can only be full and complete. Any membership with reservations is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

6. PAID SERVICES WITH A FREE TRIAL PERIOD

The Services are provided free of charge during a 3-day trial period, which may be modified without prior notice. At the end of this trial period, the user must pay the Price in the form of an automatically renewable “in-app” subscription (i.e. purchased from the application), in order to benefit from the Services.

For all matters concerning prices, their revision in the event of a subscription, billing mechanisms and payment terms, the User is invited to refer to the terms and conditions that bind him to the Store, Auticiel respecting the framework set by the Store’s regulations.

7. DATA AND PERSONAL INFORMATION

Auticiel has a policy of protecting personal data, the characteristics of which are explained in the “Privacy Policy” document. The User is expressly invited to consult the description of the application in the Store.

The data recorded for the proper performance of the Services is also explained in the “Privacy Policy” document.

8. DURATION OF SERVICES, DEREGISTRATION

The User is invited to refer to the conditions that bind him/her with the Store for all matters concerning the subscription period and the conditions for unsubscribing. Auticiel respects the framework set by the Store’s regulations.

The User may delete his User account by sending a request to this effect to Auticiel by email, using the contact details mentioned in article 2. Unsubscription is effective immediately. It will result in the complete and irrevocable deletion of the User’s Account.

9. OBLIGATIONS OF THE USER

Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:

9.1 In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he/she is solely responsible for fulfilling all administrative, fiscal and/or social formalities and for paying all contributions, taxes or duties of any kind that may be due in connection with his/her use of the Services. Auticiel cannot be held liable in any way in this respect.

9.2 The User acknowledges that he/she has familiarized himself/herself on the site with the characteristics and constraints, particularly technical, of all the Services. You are solely responsible for your use of the Services.

9.3 The User is informed and accepts that the implementation of the Services requires that he be (at least intermittently) connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

9.4 The User is also solely responsible for the relationships he/she may establish with other Users and for the information he/she communicates to them in the context of the Services. It is up to him to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy in his dealings with other Users.

9.5 The User undertakes to make strictly personal use of the Services. Consequently, it is forbidden to assign, concede or transfer all or part of its rights or obligations hereunder to a third party, in any manner whatsoever.

9.6 The User undertakes to provide Auticiel with all information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with Auticiel for the proper performance of these terms and conditions.

9.7 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the site) that he/she disseminates as part of the Services (hereinafter referred to as “Content”).

The User warrants to Auticiel that it has all necessary rights and authorizations to distribute such Content.

The User undertakes to ensure that such Content is lawful, does not infringe public policy, public decency or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of Auticiel.

The User thus refrains from distributing, in particular and without this list being exhaustive :

  • Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
  • infringing Content,
  • Content that violates the image of a third party,
  • Content that is misleading or deceptive or that proposes or promotes illegal, fraudulent or deceptive activities,
  • Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
  • and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.

 

9.8 The User acknowledges that the Services offer an additional, but not alternative, means of achieving the same objective, and that this solution is not a substitute for these other means.

9.9 The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, no copy of which will be supplied to him.

9.10 The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10. USER’S WARRANTY

The User indemnifies Auticiel against any and all complaints, claims, actions and/or demands that Auticiel may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.

In particular, the User alone assumes full responsibility for offering the Services to other non-contracting users.

It undertakes to compensate Auticiel for any loss it may suffer and to pay all costs, charges and/or penalties it may incur as a result.

11. PROHIBITED CONDUCT

11.1 It is strictly forbidden to use the Services for the following purposes:

  • carrying out illegal or fraudulent activities, or activities that infringe on the rights or safety of third parties,
  • undermining public order or violating applicable laws and regulations,
  • intrusion into a third party’s computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
  • sending unsolicited emails and/or commercial prospecting or solicitation,
  • manipulations intended to improve the referencing of a third-party site,
  • aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
  • and more generally any practice that misuses the Services for purposes other than those for which they were designed.

 

11.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of Auticiel’s applications and Services.

11.3 The following are also strictly prohibited: (i) any behaviour that interrupts, suspends, slows down or prevents the continuity of the Services, (ii) any intrusions or attempted intrusions into Auticiel’s systems, (iii) any misappropriation of the site’s system resources, (iv) any action likely to impose a disproportionate burden on the latter’s infrastructures, (v) any breach of security and authentication measures, (vi) any acts that may prejudice the financial, commercial or moral rights and interests of Auticiel or users of its site, and more generally (vii) any breach of these terms and conditions.

11.4 It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the site, as well as to the information hosted and/or shared therein.

12. PENALTIES FOR NON-COMPLIANCE

In the event of a breach of any of the provisions of these terms and conditions or, more generally, an infringement of applicable laws and regulations by a User, Auticiel reserves the right to take any appropriate action and in particular to :

 

(i) suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement,
(ii ) delete any content posted on the site,
(iii) publish on the site any information message that Auticiel deems useful,
(iv) notify any relevant authorities,
(v) take any legal action.

13. AUTICIEL’S LIABILITY AND WARRANTY

13.1 Auticiel undertakes to provide the Services diligently and in accordance with the state of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

13.2 Auticiel has no knowledge of the Content uploaded by Users as part of the Services, which it does not moderate, select, check or control in any way and with respect to which it acts solely as a hosting provider.

Consequently, Auticiel cannot be held responsible for Content authored by third parties, and any claim must be directed in the first instance to the author of the Content in question.

Content harmful to a third party may be notified to Auticiel in accordance with article 6 I 5 of law no. 2004-575 of June 21, 2004 on confidence in the digital economy. Auticiel reserves the right to take the measures described in article 12.

13.3 Auticiel declines all responsibility for any loss of information accessible in the User’s Personal Space, as the User must save a copy and may not claim any compensation in this respect.

13.4 Auticiel undertakes to carry out regular checks to verify the operation and accessibility of the site. Auticiel reserves the right to temporarily interrupt access to the site for maintenance purposes. Similarly, Auticiel cannot be held responsible for temporary difficulties or impossibilities in accessing the site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.

13.5 Auticiel does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.

13.6 In any event, Auticiel’s liability hereunder is expressly limited to proven direct damages suffered by the User.

14. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any kind (text, images, visuals, music, logos, trademarks, databases, etc.) used by Auticiel within its applications and Services are protected by all intellectual property rights or database producers’ rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Auticiel are strictly prohibited and may be subject to legal action.

15. ADVERTISING

Auticiel reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by Auticiel alone.

16. LINKS AND THIRD-PARTY SITES

Auticiel cannot be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the User may have access via the site.

Auticiel accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

Auticiel is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the site, and will not be a party to any disputes with such third parties concerning the delivery of products and/or services, warranties, representations or other obligations of such third parties.

17. MODIFICATIONS

Auticiel reserves the right to modify these terms and conditions at any time.

The User will be informed of these modifications by any useful means. Users who do not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.

Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

18. LANGUAGE

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.

19. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by French law. In the event of any dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the Paris courts shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.

20. ENTRY INTO FORCE

These terms and conditions came into force on 01/03/2017

Jurismatic templates provided under Creative Commons BY-NC-SA 3.0 EN license.
Modified by Auticiel SAS