Although the entire contractual relationship relating to these Products is entered into solely by the Owner and the User, the User acknowledges and agrees that, when accessing AMIKEO through the Apple App Store, Apple may enforce these Terms as a third party beneficiary.

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.

Nevertheless, it is hereby specified that Auticiel does not have a direct commercial link (in the sense of a customer-supplier link) with the User in the context of these Services when the User has a contractual link either with the AppStore in the case where he downloads his applications and consumes the Services from an Apple tablet, or with the GooglePlay Store, in the case where he downloads his applications and consumes the Services from an Android tablet. The following entity provides AMIKEO: Auticiel , 3 rue Jules César, 75012 PARIS, France Owner’s contact email: contact@auticiel.com “AMIKEO” refers to :

• this website, including its sub-domains and any other website through which the Owner makes its Service available;

• applications for cell phones, tablets and other smart devices;

• Service ;

• any applications, sample and content files, source code, scripts, instruction sets, or software are included as part of the Service, as well as any related documentation;

TERMS AND CONDITIONS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply while using AMIKEO. Unique or additional conditions of use may apply to particular contexts and are then additionally indicated within this document. By using AMIKEO, Users agree to comply with the following conditions:

• Users are not located in a country embargoed by the United States Government, or which has been designated as a “state sponsor of terrorism” by the United States Government;
• Users are not on any United States Government list of prohibited or restricted parties;

Create an account

In order to use the Service, Users must register or create a User account by providing all necessary data or information in a complete and honest manner. If Users fail to do so, the Service will be unavailable. Users are required to keep their login details confidential and to guarantee their security. For this reason, Users are also required to choose passwords that meet the highest standards of resistance permitted by AMIKEO. By registering, Users accept full responsibility for all activities that take place under their username and password. Users are required to notify the Owner immediately and unequivocally, using the contact information provided in this document, if they have reason to believe that their personal information, including user accounts, access authorizations or personal data, has been violated, improperly disclosed or stolen.

Closing an account

Users may close their account and stop using the Service at any time by :

• By contacting the Owner directly using the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, the accounts of Users considered inappropriate, in breach or violation of these Terms and Conditions. Suspension or deletion of User accounts will not entitle Users to make claims for compensation, damages or reimbursement. Suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or charges.

Content on AMIKEO

Unless otherwise indicated or clearly identifiable, all content accessible on AMIKEO is owned or presented by the Owner or its licensors. The Owner makes every effort to ensure that the content presented on AMIKEO does not infringe any applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to Users’ legal prerogatives to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.

Rights concerning content on AMIKEO

The Owner owns and reserves all intellectual property rights in such content. Consequently, Users may not use this content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer/assign to third parties or create a derivative work of the content accessible on AMIKEO, or allow any third party to do so through the User or their device, even without the User’s knowledge. Where expressly indicated on AMIKEO, the User may download, copy and/or share content accessible on AMIKEO, for personal and non-commercial use only and provided that copyright attributions and any other attributions requested by the Owner are properly implemented. Any applicable statutory limitation or exception to copyright shall remain unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content on AMIKEO. By providing content to AMIKEO, Users confirm that they are legally entitled to do so and that no statutory provisions or third-party rights are infringed.

Rights concerning content provided by Users

Users acknowledge and agree that by providing their own content on AMIKEO they are granting the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of AMIKEO, as contractually required. To the extent permitted by applicable law, Users waive any moral rights in connection with the content they provide to AMIKEO. Users acknowledge, accept and confirm that any content they provide through AMIKEO will be available subject to the same advanced Terms and Conditions for content on AMIKEO.

Responsibility for content provided

Users are solely responsible for the content they upload, publish, share or provide on AMIKEO. Users acknowledge and agree that the Owner does not filter or moderate such content. However, the Owner reserves the right to remove, delete or block such content, at its discretion, and, without prior notice, to deny access to AMIKEO to any User who uploads :

• if it becomes aware of any (alleged) violation of these Terms and Conditions, of any third party rights, or of applicable law, based on such content;
• if a notification of infringement of intellectual property rights is received ;
• if notification is received of an infringement of a third party’s privacy, and in particular their intimate life;
• by order of a public authority; or
• if the Owner is informed that the content, while accessible via AMIKEO, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content does not entitle Users who have provided such content, or who are responsible for such content, to claim compensation, damages or reimbursement. Users agree to protect the Owner against any and all claims and/or damages suffered as a result of content they have provided to or through AMIKEO.

Withdrawal of AMIKEO party content accessible through the App Store

If the reported content is considered objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to external resources

Through AMIKEO Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and shall therefore not be liable for their content and availability. The terms and conditions applicable to resources provided by third parties, including those applicable to any grant of rights in the content, derive from the General Terms and Conditions of any third parties or, in their absence, from applicable statutory law.

Acceptable use

AMIKEO and the Service may only be used for the purpose for which they were provided, under these General Terms and Conditions and applicable Law. Users shall be solely responsible for ensuring that their use of AMIKEO and/or the Service does not infringe any applicable law, regulation or third party rights. For this reason, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to refuse the User access to AMIKEO or the Service, to terminate contracts, to report any misconduct committed through AMIKEO or the Service to the competent authorities – such as judicial or administrative authorities – when Users engage or are suspected of engaging in the following activities:

• a violation of applicable laws or regulations and/or these Terms and Conditions;
• infringement of any third-party rights;
• considerable harm to the Owner’s legitimate interests;
• an offence against the Owner or a third party

Software license

All industrial or intellectual property rights, and any other exclusive rights of software or applications incorporated in or related to AMIKEO are held by the Owner and/or its licensors. Subject to the User’s compliance with and notwithstanding any deviating provisions of these terms and conditions, the Owner merely conveys a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means incorporated in the Service within the scope and for the purposes of AMIKEO and the Service offered. The license does not grant a right of access to Users, or use or disclosure of the original source code. All techniques, algorithms and procedures contained in the software and any related documentation are the property of the Owner or licensor alone. All rights and licenses granted to Users shall terminate immediately upon termination of the Agreement. Without prejudice to the above provisions, under this license Users may download, install, use, and drive the Software on an authorized number of devices, provided that such devices are common and up to date in terms of technology and market standards. The Owner reserves the right to publish updates, repairs and other developments of AMIKEO and/or its connected software and to provide them to Users free of charge. Users may need to download and install these updates to continue using AMIKEO and/or connected software. New versions may only be accessible in exchange for payment of a fee. Users may download, install, use and run the software on up to 5 devices. However, Users may be prohibited from running software on more than one device at a time.

Purchase through the app store

AMIKEO or specific Products available for sale on AMIKEO must be purchased through a third-party app store. To access such purchases, Users must follow the instructions provided on the appropriate online store (such as the “Apple App Store” or “Google Play”), which may vary depending on the device used. Unless otherwise specified, purchases made through third-party online stores are also subject to third-party Terms and Conditions which, in the event of any discrepancy or conflict, will always prevail over these Terms and Conditions. Users purchasing through third-party online stores must therefore read these Terms and Conditions carefully and accept them.

Contract duration

Subscriptions

Subscriptions allow Users to benefit from a Product on a permanent or regular basis. Details of subscription types and cancellation procedures are given below.

Subscriptions managed through Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the appropriate procedure on AMIKEO. In this case, Users acknowledge and accept that

• any payment due will be billed to their Apple account;
• subscriptions are automatically renewed for the same duration, unless the User cancels his/her subscription at least 24 hours before the expiry date of the current period;
• any fees or payments due for renewal will be invoiced within 24 hours of the end of the current period;
• subscriptions can be managed or canceled in Users’ App Store account settings.

The above conditions shall prevail over any contradictory or divergent provision of these General Terms and Conditions.

Cancellation

Subscriptions may be terminated at any time by sending a clear and unambiguous notice to the Owner, to the contact details indicated in this document, or – if applicable – by using the corresponding commands in AMIKEO.

Liability and compensation

Australian users

Limitation of liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, right or remedy available to the User under the Competition and Consumer Act 2010 or any similar legislation of any state or territory, which cannot be excluded, limited or modified (non-excludable right). To the extent permitted by law, our liability to the User, including liability for breach of a non-excludable right and liability not excluded by these Terms and Conditions of Use, is limited, as deemed appropriate by the Owner, to re-performance of the Services or payment of the costs of obtaining such Services again.

US users

Warranty exclusions

AMIKEO is provided strictly “as is” and “as available”. Use of the Service is the responsibility of the User. To the extent permitted by applicable law, the Owner expressly excludes all conditions, representations and warranties, express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein.

Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, officers, representatives, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the needs of Users; that the Service will be available at a particular time or location, or that it will be provided on a continuous or secure basis; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to his or her computer system or mobile device or loss of data that results from such downloading or use of the Service.

The Owner does not endorse or guarantee any product or service advertised or offered by any third party through the Service or any hyperlinked website or service, and assumes no responsibility for such products and services. In addition, the Owner will not be involved in any transactions between Users and third-party suppliers of products or services, nor will the Owner monitor such transactions in any way.

The Service may become inaccessible or may not function correctly with the User’s Internet browser, mobile device or operating system. The Owner shall not be liable for any alleged or actual damages resulting from the content, operation or use of this Service.

Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement grants specific legal rights to Users, who may also have other rights that vary from state to state. The disclaimers and exclusions in this Agreement do not apply to the extent prohibited by applicable law.

Limitation of liability

To the fullest extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees shall not be liable under any circumstances for

• indirect, punitive, consequential, special, incidental or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of the use of or inability to use the Service; and
• damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User’s account or information contained therein;
• errors, mistakes or inaccuracies in content ;
• injury or property damage of any kind resulting from the User’s access to or use of the Service;
• unauthorized access to or use of the Owner’s secure servers or the personal information stored on them;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, Trojan horses or other items that may be transmitted to or through the Service;
• any errors or omissions in the content or any loss or damage suffered as a result of the use of content published, e-mailed, transmitted or made available through the Service; or
• defamatory, offensive or illegal conduct of any User or third party. The Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees shall in no event be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in excess of the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section shall apply, to the fullest extent permitted by law, in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or otherwise, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms grant specific legal rights to the User, who may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability set forth in these Terms shall not apply to the extent prohibited by applicable law.

Compensation

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, directors, officers, representatives, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and expenses, arising from

• use of and access to the Service by the User, including any data or content transmitted or received by the User;
• User’s breach of these Terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these Terms;
• infringement of any third-party rights by the User, including, but not limited to, any confidentiality or intellectual property rights;
• violation by the User of any law, rule or regulation;
• any content sent from the User’s account, including third-party access with the User’s unique name, password or other security measures, if any, including, but not limited to, misleading, false or inaccurate information;
• an intentional fault committed by the User; or
• the violation of any legal provision by the User or its affiliates, directors, officers, representatives, co-branding partners, partners, suppliers and employees to the extent permitted by applicable law.

Common provisions

Non-waiver clause

The failure of the Owner to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other condition.

Service interruption

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other change, informing Users accordingly. Within the limits of the law, the Owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to allow them to remove Personal Data or information and will respect Users’ rights to continued use of the product and/or compensation, as provided by applicable law. In addition, the Service may not be accessible for reasons beyond the reasonable control of the Owner, such as “force majeure” (infrastructure failures or power outages etc.).

Service resale

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of AMIKEO and these Services without prior express permission, granted either directly or through a legitimate reseller program.

Privacy policy

For more information on the use of their Personal Data, users may refer to the AMIKEO privacy policy.

Intellectual property rights

Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with AMIKEO are the exclusive property of the Owner or its licensors and are subject to protection under applicable laws or international treaties relating to intellectual property. All trademarks – whether nominal or figurative – and all other trademarks, trade names, word marks, illustrations, images, or logos appearing in connection with AMIKEO are, and shall remain, the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.

Modification of these General Terms and Conditions

The Owner reserves the right to modify or otherwise amend these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of any such changes. These changes will only affect the relationship with the User from the date communicated to the User. Continued use of the Service will signify the User’s acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these changes, the User must cease using the Service and may terminate the Agreement. The previous applicable version will govern the relationship prior to acceptance by the User. The User may obtain any previous version from the Owner. If legally obliged to do so, the Owner will inform Users in advance of the date on which the modified General Terms and Conditions will come into force.

Exception for Consumers located in France

Notwithstanding the foregoing, any changes to these General Terms and Conditions must be notified in writing no later than one month before they take effect. In the event that Consumers located in France do not accept the modified General Terms and Conditions, they will have the right to terminate the Contract, without any penalty or right to compensation, up to four months following the date on which the modified General Terms and Conditions took effect.

Contract assignment

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the legitimate interests of Use into account. Provisions concerning changes to these Terms and Conditions will be applied accordingly. Users may not assign or transfer their rights or obligations under these Terms and Conditions in any manner without the Owner’s written consent.

Contact

Any communication related to the use of AMIKEO must be sent using the contact details given in this document.

Divisibility

In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any invalid or unenforceable provision shall be construed, understood and reformed to the extent reasonably required to make it valid, enforceable and consistent with its original purpose. These Terms constitute the entire Agreement between the Users and the Owner with respect to the present subject matter, and supersede all other communications, including but not limited to, any prior agreements between the parties with respect to this subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU users

In the event that any provision of these Terms is or is deemed to be void, invalid or unenforceable, the parties will use their best efforts to amicably reach agreement on valid and enforceable provisions thereby substituting the invalid, void or unenforceable portions. Failing this, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, if permitted or affirmed by applicable law. Without prejudice to the foregoing, the nullity, invalidity or unenforceability of any particular provision of these Terms shall not render void the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the Agreement had they known that the provision was invalid, or in the event that the remaining provisions would result in an unacceptable hardship to either party.

Authoritative version of these Terms and Conditions

These Terms and Conditions are drawn up and revised in French. Other language versions of these Conditions are provided for information purposes only. In the event of any inconsistency between the different language versions, the original version shall prevail.

Applicable law

These Terms are governed by the laws of the place where the Owner is based, as described in the relevant section of this document, without regard to principles of conflict of laws.

Primacy of national law

However, regardless of the foregoing, if the law of the country where the User is located provides for stricter applicable consumer protection standards, such stricter standards shall prevail.

Place of jurisdiction

The exclusive jurisdiction to settle any controversy arising out of, or connected with, these Terms and Conditions rests with the courts of the place where the Owner is based, as described in the relevant section of this document.

Exception for Consumers located in Europe

The foregoing does not apply to Users who qualify as European Consumers, nor to Consumers based in the United Kingdom, Norway or Iceland.

UK consumers

Consumers located in England and Wales may bring legal proceedings under these Conditions in the English and Welsh courts. Consumers in Scotland may take legal action under these Conditions in the Scottish or English courts. Consumers located in Northern Ireland may take legal action under these Conditions before the Northern Irish or English courts.

US users

Each party expressly waives its right to a jury trial in any court in connection with any action or dispute. Any action under these Terms shall be brought individually and no party shall join any class action or other proceeding with or on behalf of others.

US users

Provisions still applicable

This Agreement shall continue in effect until terminated by AMIKEO or the User. In the event of termination, the provisions contained in these Terms which, by their context, are intended to remain applicable beyond termination or expiration shall continue to apply, including but not limited to:

• the granting of licenses by the User under these Conditions shall last indefinitely;
• the User’s indemnity obligations will continue to apply for a period of five years from the date of termination;
• the exclusion of warranties and representations, as well as the stipulations in the section containing the indemnification and limitation of liability clauses, will continue to apply indefinitely.