The purpose of these terms and conditions is to define the terms and conditions for the use of the services offered by the AMIKEO Auticiel suite applications (hereinafter the “Services”), as well as to define the rights and obligations of the parties in this frame.
In particular, they are accessible and printable at any time by a direct link at the bottom of the homepage of the site, by direct access to the address https://auticiel.com/terms-of-use, as well as From applications when validating these conditions.
They may be supplemented, if necessary, by conditions of use specific to certain Services.In case of contradiction, the special conditions prevail over these general conditions.
2. OPERATOR AND USER OF SERVICES
The Services are operated by Auticiel SAS with a share capital of € 12,923 euros, registered with the RCS of EVRY under number 795083633, whose registered office is located at 9 rue Charles Fourier, 91000 Evry, FRANCE (hereinafter referred to as “: “Auticiel”), on behalf of the contracting user (hereinafter “User”).It is specified that the nature of the Auction Services means that the actual user of the applications is frequently a physical person distinct from the User (here understood as the person in charge of the contractual relationship with Auticiel).
Auticiel can be contacted at the following coordinates:
Mailing Address: Customer Service, 102 rue des Poissonniers, 75018 Paris
Email address: contact @ auticiel.com
Nevertheless, it is specified here that Atiticiel does not maintain a commercial link (in the sense of customer-supplier link) directly with the User within the framework of these Services.The user is necessarily in contractual relationship either with the AppStore in case he downloads his applications and consumes the Services from an Apple tablet, or with the GooglePlay Store, in case he downloads his applications and consumes the Services from an Android tablet.The user is necessarily in contractual relationship with the AppStore in case he downloads his applications and consumes the Services from an Apple tablet, or with the GooglePlay Store, in case he downloads his applications and consumes the Services for one Android tablet.In both cases, the AppStore or GooglePlay Store are referred to hereinafter as the “Store”.
3. DESCRIPTION OF SERVICES
Auticiel is an application editor for the autonomy of people with cognitive or mental disabilities.Within the AMIKEO application suite (hereinafter “AMIKEO”), Auticiel offers dozens of exercises adapted for learning as well as applications to help autonomy!All AMIKEO suite applications are co-designed with professionals of specialized structures and tested within our partner institutions.
The subscription gives access to all applications of the AMIKEO suite, as well as:
- Access to the customization of the contents of all applications
- Access to the new applications of Auticiel proposed within the AMIKEO suite
- Frequent bug fixes and application changes
- Access to dedicated Customer Support accessible from applications
4. ACCESS TO SERVICES
The Services are accessible to the User, subject to the restrictions provided for:
- To any natural person with full legal capacity to commit under these general conditions.La personne physique qui dispose pas de la pleine capacité juridique ne peut accéder au Site et aux Services qu’avec l’accord de son représentant légal ;An individual who does not have full legal capacity may access the Site and the Services only with the agreement of his legal representative;
- To any legal person acting through a natural person having legal capacity to contract in the name and on behalf of the legal person;
- To any person, whether natural or legal, who has subscribed to the commercial offer ad hoc (free trial or pay) on the Store.
5. ACCEPTANCE OF TERMS AND CONDITIONS
Acceptance of these general conditions is indicated by a check-box in the registration form.Cette acceptation ne peut que être pleine et entière.This acceptance can only be complete and complete.Toute adhésion sous réserve est considérée comme nulle et non avenue.Any accession under reservation shall be considered null and void.L’Utilisateur qui n’accepte pas d’être lié par les présentes conditions générales ne doit pas utiliser les Services.Users who do not agree to be bound by these terms and conditions shall not use the Services.
6. PAID SERVICES WITH A FREE TRIAL PERIOD
The Services are provided free of charge during a trial period of 3 days, which may be changed without prior notice.At the end of this trial period, the user will have to pay the price in the form of an “in-app” subscription (ie purchased from the application) and automatically renewable, In order to benefit from the Services.
For all pricing, subscription revision, billing mechanics and payment terms, the User is invited to refer to the conditions that bind him / her to the Store, Auticiel respecting the fixed framework By the regulation of the Store.
7. DATA AND PERSONAL DATA
8. DURATION OF SERVICES, UNSUBSCRIPTION
For all the duration of subscription, the conditions of unsubscription, the User is invited to refer to the conditions that bind him with the Store, Auticiel respecting the framework fixed by the regulation of the Store.
The User may delete his User account by sending a request to this effect to Auticiel by email, to the contact details mentioned in article 2. It results in the complete and irremediable deletion of the User Account.
9. OBLIGATIONS OF THE USER
Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations:
9.1 The User undertakes, in his use of the Services, to respect 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 the proper fulfillment of all administrative, fiscal and / or social formalities and all payments of contributions, taxes or taxes of any kind which he / she may have to pay in connection with his or her use of the Services.La responsabilité d’Auticiel ne pourra en aucun cas être engagée à ce titre.In no event shall Auticiel be liable in this respect.
9.2 The User acknowledges that he has taken cognizance on the site of the characteristics and constraints, in particular technical, of all the Services.Il est seul responsable de son utilisation des Services.It is solely responsible for its use of the Services.
9.3 The User is informed and accepts that the implementation of the Services requires that it be (at least intermittently) connected to the Internet and that the quality of the Services depends directly on this connection, for which it is solely responsible.
9.4 The User is also solely responsible for the relations he may establish with the other Users and the information he communicates to them within the framework of the Services.Il lui appartient d’exercer la prudence et le discernement appropriés dans ces relations et communications.It is his responsibility to exercise appropriate prudence and discernment in these relationships and communications.The User further agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
9.5 The User agrees to make strictly personal use of the Services. Consequently, it is prohibited to assign, grant or transfer all or any of its rights or obligations hereunder to any third party in any way whatsoever.
9.6 The User agrees 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 execution of the present.
9.7 The User is solely responsible for all contents (editorial, graphic, audiovisual or other, including the name and / or image, if any, chosen by the User to identify it on the site) Within the framework of the Services (hereinafter referred to as the “Contents”).
It guarantees to Auticiel that it has all the rights and authorizations necessary for the diffusion of these Contents.
He / she undertakes to ensure that the said Content is lawful, does not infringe public order, morality or the rights of third parties, infringe any legislative or regulatory provision and, more generally, Play the civil or criminal liability of Auticiel.
The User is thus forbidden to broadcast, in particular and without this list being exhaustive:
- Pornographic, obscene, indecent, offensive or inappropriate to a family, defamatory, abusive, violent, racist, xenophobic or revisionist content,
- Counterfeit Content,
- Content that is a threat to the image of a third party,
- Misleading or deceptive content or proposing or promoting illicit, fraudulent or misleading activities,
- Content harmful to the computer systems of others (such as viruses, worms, Trojans, etc.),
- And, more generally, Content that may infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
9.8 The User acknowledges that the Services provide him with an additional but non-alternative solution of the means which he already uses to achieve the same objective and that this solution can not replace these other means.
9.9 The User must take the necessary measures to safeguard by his own means the information of his Personal Space which he deems necessary, of which no copy will be provided.
9.10 The User is informed and accepts that the implementation of the Services requires that it be connected to the Internet and that the quality of the Services depends directly on this connection, of which it is solely responsible.
10. USER GUARANTEE
The User warrants Auticiel against any and all claims, demands, actions and/or claims that Autism 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 assumes sole responsibility for proposing the Services to other non-contracting users.
He undertakes to indemnify Auticiel for any prejudice suffered by it and to pay to it all costs, charges and / or convictions which it may have to bear as a result.
11. PROHIBITED BEHAVIORS
11.1 It is strictly forbidden to use the Services for the following purposes:
- The illegal, fraudulent or infringing activities of a third party,
- The breach of public order or the violation of the laws and regulations in force,
- Intrusion into the computer system of a third party or any activity likely to harm, control, interfere, or intercept all or part of the computer system of a third party, violate integrity or security,
- The sending of unsolicited emails and / or prospecting or commercial solicitation,
- The manipulations intended to improve the referencing of a third party site,
- Assistance or incitement, in any form or by any means, to one or more of the acts and activities described above,
- And more generally any practice diverting the Services for purposes other than those for which they were designed.
11.2 Users are strictly prohibited from copying and / or diverting the concept, technologies or other elements of the Auticiel Applications and Services for their own or any third party’s purposes.
11.3 Any conduct that interrupts, suspends, slows down or prevents the continuity of the Services, (ii) any intrusions or attempts to intrude into the Auticiel systems, (iii) any misappropriation of resources (Iv) any action likely to impose a disproportionate burden on the infrastructure of the site, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and Financial, commercial or moral interests of Auticiel or the users of its site, and more generally (vii) any breach of these general conditions.
11.4 It is strictly forbidden to cash, sell or grant all or part of the access to the Services or the site, as well as to the information hosted therein and / or shared.
12. SANCTIONS FOR BREACHES
In the event of breach of any of the provisions of these terms and conditions or, more generally, infringement of the laws and regulations in force by a User, Auticiel reserves the right to take all appropriate measures and in particular to:
(I) suspend or terminate access to, or participation in, the Services of the User, the person who committed the breach or infringement,
(Ii) remove any content posted on the site,
(Iii) publish on the site any information message thatAtiticiel may deem useful,
( Iv ) notify any relevant authority,
(V) institute legal proceedings.
13. LIABILITY AND WARRANTY OF AUTICIEL
13.1 Auticiel undertakes to provide the Services with diligence and in accordance with the rules of the art, it being specified that it weighs on it an obligation of means, with the exclusion of any obligation of result, what the Users acknowledge and accept Expressly.
13.2 Auticiel is not aware of the Content posted by the Users within the framework of the Services, on which it does not make any moderation, selection, verification or control of any kind and with respect to which it intervenes only ‘As a hosting provider.
Consequently, Auticiel cannot be held liable for the Contents, the authors of which are third parties, any possible complaint to be directed in the first place towards the author of the Contents in question.
Content which is prejudicial to a third party may be notified to Auticiel in accordance with the provisions of Article 6 I 5 of Law n ° 2004-575 of 21 June 2004 for confidence in the digital economy, Auticiel Reserving the right to take the measures described in Article 12.
13.3 Auticiel shall not be liable for any loss of information available in the User’s Personal Area, who must save a copy of the information and can not claim any compensation in this respect.
13.4 As such, Auticiel reserves the right to temporarily interrupt access to the site for maintenance reasons.Similarly, Auticiel can not be held responsible for any temporary difficulties or impossibilities of access to the site which are caused by circumstances outside it, force majeure, or due to disruption to the telecommunication networks.
13.5 Auticiel does not warrant to Users that (i) the Services, subject to constant research to improve performance and progress, will be totally free from errors, defects or faults, (ii) the Services being standard And not proposed at the sole intention of a given User according to his own personal constraints, will respond specifically to his needs and expectations.
13.6 In any event, the liability likely to be incurred by Auticiel hereunder is expressly limited to the only direct damage suffered by the User.
14. INTELLECTUAL PROPERTY
The software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, database, etc.) operated by Auticiel within its applications and services are protected by Any intellectual property rights or rights of the producers of databases in force.All acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Auticiel, are strictly prohibited. All disassembly, decompilation, decryption, extraction, reuse, And may be prosecuted.
Auticiel reserves the right to insert on any page of the site and in any communication to the Users any advertising or promotional messages in a form and under conditions which Auticiel will be the sole judge.
16. LINKS AND THIRD-PARTY SITES
In no event shall Auticiel be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User may access via the website.
Auticiel is also not responsible for any transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed via the site and can not be Party to any disputes with third parties concerning the delivery of products and / or services, warranties, declarations and other obligations to which such third parties are liable.
Auticiel reserves the right to modify these general conditions at any time.
The User will be informed of these changes by any useful means.L’Utilisateur qui n’accepte pas les conditions générales modifiées doit se désinscrire des Services selon les modalités prévues à l’article 18.Users who do not accept the modified terms and conditions must opt out of the Services in accordance with the terms and conditions set out in Article 18.
Any User who uses the Services after the coming into force of the modified terms and conditions shall be deemed to have accepted the modifications.
In the event of a translation of the present general conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a term or provision.
19. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by French law.En cas de contestation sur la validité, l’interprétation et/ou l’exécution des présentes conditions générales, les parties conviennent que les tribunaux de Paris seront exclusivement compétents pour en juger, sauf règles de procédure impératives contraires.In the event of a dispute as to the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to hear them, except in the case of mandatory rules of procedure to the contrary.
20. COMING INTO FORCE
These general terms and conditions came into force on 01/03/2017
Jurismatic models provided under a Creative Commons license BY-NC-SA 3.0 EN
Modified by Auticiel SAS