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MYAPP® PLATFORM GENERAL TERMS AND
Use of the software for creating the application, use of its
CONDITIONS OF USE
licence, publication, distribution and hosting of the mobile application constitute an inseparable package deal subscribed to by the User against payment of a monthly or annual subscription (12 months).
Subscriptions may be taken out by any individual or legal entity for their business or private use.
These Terms and Conditions of Use have been produced in
In accordance with Article L. 121-20-3 1,3 and 4 of the Code
line with Article L.441-6 of the Code de Commerce, and are
de la Consommation, the right to withdraw does not apply to
referred to hereafter as the General Terms and Conditions.
goods and services for immediate use of online
software enabling immediate creation of applications
These General Terms and Conditions apply to the provision
of any products, any subscriptions or any provision of services by MYAPPHONE and its MYAPP® site or that of its distributor partner, referred to hereafter as MYAPP®.
Subscription validation and payment
MYAPP® is a cloud-type hosting and administration platform for quick and easy creation, and publication of native mobile applications on Smartphones, compatible with iOs and
The User shall register their personal details in an account,
Android operating systems (iPhone, iPad and Android
validate it and obtain their User code.
Validation will grant access to the process for creating their
Use of software for creating the application (owned by
mobile application using pre-established templates (models).
MYAPPHONE), use of its licence, publication, distribution
At any time, the User may choose to either back up their
and hosting of the site constitute an inseparable package
application without requesting immediate publication, or ask
deal subscribed to by the User against payment of a monthly
MYAPPHONE or its distributor partner to publish it.
or annual subscription, which may or may not include a free trial period.
These General Terms and Conditions shall prevail over any
If the User chooses to request publication, he must ensure
opposing terms and conditions of sale, notwithstanding
that he has paid the subscription rate by debit or credit card.
application of provisions of a public nature.
Once this stage is complete, MYAPPHONE will publish it in
These General Terms and Conditions shall prevail over any
the Apple Store and Google Play Store.
other previous General Terms and Conditions which may not
(application) is thus backed up and hosted for the term of the
hereby reserves the right to amend these
MYAPPHONE will publish and host the Application on its site
General Terms and Conditions or its rates, at any time.
for the term of the subscription, from the date it is validated.
This amendment shall take effect one month after its new
MYAPPHONE ensures hosting, IT maintenance and
provisions are published on the site.
distribution of the application for twelve months in the following stores: Apple Store and Google Play Store, whose
These General Terms and Conditions apply to users of
Users acknowledge that they have read and accept the
MYAPPHONE and its MYAPP® site or that of its distributor
General Terms and Conditions of Use. The timeframe
referred to hereafter as the User
necessary for publication in the aforementioned stores is beyond MYAPPHONE's control. All negative feedback or
means any user who browses, reads, subscribes to,
delays beyond its control will be notified to the User as soon
orders and/or buys a product or service on the site.
The User shall thus regularly refer to the latest version of the
It is vital that the MYAPP® name is mentioned on the data
General Terms and Conditions of Use available permanently
sheet describing the mobile application published by each of
on the MYAPP®
site or that of its distributor partner.
the stores. The MYAPP® logo will be inserted on the
application download page (the so-called splash screen) unless the User has chosen the paying option not to show it.
The User will have a complete statistical interface.
Depending on the option chosen, the User may also be
offers the User the opportunity to use the software
granted access to an interface enabling them to send Push
subject to a subscription, enabling creation, modification,
notifications (messages) to the telephones of their contacts
publication and distribution of mobile applications which are
(clients, affiliates, members, employees, etc.) when they
activated on Smartphones, and most latest generation
have agreed to receive said notifications. For further
information, the User may consult content and objects in the distribution of these notifications authorised by Apple and
Google. The User is solely liable for the content they
distribute by means of Push notifications (messages) which they send from the platform which MYAPPHONE, the
Access to the service
MYAPP® site or one of its distributors provides to them.
MYAPPHONE shall do everything within its power to provide
At any time, the User may subscribe to these services or
with reliable access to the service.
additional options which result in the renewal of their subscription at the new rate and a refund on days paid for
hereby declares that he knows the limits to
particular connections to the Internet or the mobile telephone network.
Modification of the publication requiring store
MYAPPHONE shall meet its contractual obligations in line with uses in the profession.
The User is entitled to 1 modification to its
mobile application per year of subscription. All
The liability of MYAPPHONE (or its distributor partner) is
further modifications will be billed.
limited to a resource obligation not only in terms of provision
Modifications made by MYAPPHONE or its
of the software and applications concerned, but also its
distributor partner (operating systems
services to support and maintain said software and
updates, software modifications) are not taken
into account and the User is responsible for
Under no circumstances can MYAPPHONE (or its distributor
partner) accept liability for direct or indirect harm or incidents resulting from service interruption or malfunction, downtime,
or loss or alteration to the User's
data, notwithstanding what
Subscriptions are taken out (subscription and any options
Thus, MYAPPHONE (or its distributor partner) cannot accept
chosen) at current rates (VAT and any other surcharge) on
liability for direct or indirect harm, incidents or losses of
the day the order is registered or the subscription is renewed
profits, foreseeable or unforeseeable, or lack of earnings for
which the User
makes a claim as a result of:
Payment shall be made in cash, monthly or annually, on the
billing date, by debit or credit card.
erm of the contract and termination
loss of operation, profit, brand image, financial yield, margins, sales,
The subscription contract takes effect on the day the User subscribes to the application.
interruption of use or availability of the network or service,
At the end of this period, if the User does not renew their contract, their mobile application will no longer be hosted
indirect accessory harm resulting from or emanating
and may no longer be consulted. To prevent service
interruption, he shall resubscribe at the rate current on the day the new contract is taken out.
MYAPPHONE (or its distributor partner) will warn the User
However, in terms of application or site downtime, the User
that their subscription is about to expire, at least 30 days
may at leisure contact the MYAPPHONE support service (or
MYAPPHONE (or its distributor partner) hereby reserves the right to terminate the contract, at no notice, if it finds any
he User's obligations
content in the application which it deems illegal or which it believes breaches the rules published by Apple or Google,
hereby declares that he has accepted these
General Terms and Conditions and knows the limits to particular connections to the Internet or the mobile telephone
The provisions of the Code de la Propriété Intellectuelle will
in any event remain applicable whoever the author and whatever the reason for termination.
When he subscribes, the User shall provide information and personal details which he guarantees are accurate and true, especially a valid e-mail address, for the ful term of the subscription contract.
If any of this information changes, the User shall immediately
inform MYAPPHONE (or its distributor partner).
In accordance with the provisions of these General Terms
the User of this, or if it so chooses, terminate the contract 24
and Conditions, when the client personalises its application,
hours after notice given has been ignored.
the User shall ensure that the content of his application meets current laws and regulations, as well as these General Terms and Conditions.
The User hereby authorises MYAPPHONE
distributor partner) to promote his mobile application in any
Under no circumstances may the User consider
way whatsoever using any communications media
MYAPPHONE (and/or its distributor partner) responsible for
whatsoever and especially re-use any or all of the site, the
application or their audiovisual features, add links to or from
Application content and user liability:
the MYAPP® site (or that of its distributor partner) and the User may not be held liable in any way whatsoever for harm
MYAPP provides templates (models) which enable the User
caused as a result of this promotion.
to create the application and enable him, himself, to place online, at his own risk, texts, photos, videos, animations,
The User hereby guarantees that any information, data, files
documents, files and media using content managed by the
and as necessary, films, photographs, software or databases
application, referred to hereafter as content
belong to him or are free of rights.
MYAPPHONE (and/or its distributor partner) cannot accept
The User shall not use the tools and applications provided by
liability for the content of the application created by the User
MYAPP® (or its distributor partner) for any purpose other
(content) or any links. The User shall be solely liable for
than to publish pages in accordance with these General
content, links of any kind and Internet addresses to which
the content directly or indirectly gives access.
The User shall not include in its application any addresses or
links sending anyone to outside sites whose content breaches current law and regulations or which could
be il egal under French, European or international
compromise the rights of third parties as described in these
regulations. Il egal content is especially understood to
mean content which constitutes hacking, piracy, warez
, or illicit downloads, or which incites hatred, sexism,
onfidentiality and personal data
homophobia or crime. Illegal content is also understood to mean any content which breaches intellectual
MYAPPHONE (and/or its distributor partner) shall do
property rights (copyright, patent and trade mark laws,
everything within its power to ensure the confidentiality and
manufacturing secrets, etc.) and any content which
security of data sent over the Internet.
breaches third parties' rights (patrimonial or extra-
MYAPPHONE (and/or its distributor partner) hereby reserves
patrimonial rights, rights to disclosure or harm to third
the right to collect data from Users of mobile applications,
parties' lives). This content must not be defamatory,
especially by using cookies to improve its service, but also
downgrading, targeting or discriminatory, or incite
racial, religious or ethnic discrimination. Content must neither be obscene nor pornographic.
Accordingly, MYAPPHONE (and/or its distributor partner) is likely to send Stores
the identity and details of Users of the services, or to commercial distributor partners.
hereby agrees and acknowledges that he is solely
The User may expressly oppose disclosure of his details
liable for the content of his application (texts, photos, videos,
when he subscribes, by notifying this on the subscription
animations, documents, files, media. etc.) which do not fal
within the graphic charter employed by MYAPPHONE, as well as technical features and content including software,
The User is hereby notified that automated processing of
which are exclusively owned by MYAPPHONE.
personal data is subject to a CNIL declaration.
shall therefore be liable for comments left by
Pursuant to the Act dated 6 January 1978, the User is
visitors, on his site and/or application, and shall check and
hereby informed that he is entitled to amend his
delete, or have deleted, any litigious comments.
personal data directly on the site, or by writing to the
registered office of MYAPPHONE (and/or that of its
As necessary, the User
shall personally discharge
MYAPPHONE (and its distributor partner) of, and cover it against, any liability, guarantees or sums claimed in the
VIII- Intellectual Property Rights
event of a dispute, accusation, complaint, harm or
MYAPPHONE owns and holds the intellectual property rights
expenditure incurred, including legal fees inherent to the
to brand names, trade names, graphic charters, knowhow,
models, patents and intellectual works.
MYAPPHONE (or its distributor partner) hereby reserves the
In particular, MYAPPHONE exclusively owns the software
right to prevent access to or delete from its servers any User
and its user manual, especially including models, templates,
content which breaches this agreement, of its own accord or
graphic charters (except those which are free of rights) and
when requested to do so by third parties once it has notified
software. MYAPPHONE also holds the rights necessary for
using and operating its software, obtained from their promoters legally.
MYAPP® is a registered trade mark of MYAPPHONE.
In signing and agreeing to these General Terms and Conditions, the User is hereby granted a non-exclusive, personal software user licence which may not be transferred to third parties under the terms and conditions stipulated in this licence.
The User is only granted a right to use the software in the proposed version for the term of the subscription and its renewals.
He thus irrevocably accepts the terms and conditions when he registers and takes out his subscription, and shall only use the software under the terms and conditions defined in the contract, in accordance with applicable regulations.
developing and marketing the software described in this contract,
for others, developing and marketing Applications (Apps) created using the software.
using the software for any purpose other than that contained in the contract, especially with a view to creating, developing and/or distributing competing products and services.
modifying, adapting, reproducing or translating the software, unless this has been authorised in writing by MYAPPHONE
Accordingly, the User shall only use the software for creating his Application (App) and using it within the bounds of his own business.
The User shall do everything within his power to ensure that his personnel observes these General Terms and Conditions.
The User does not acquire any right to use or reproduce brand names, trade names, graphic charters, knowhow, models, patents or works of MYAPPHONE
IX- Jurisdiction and Competent Courts
All disputes concerning the application of these General
Terms and Conditions shall be governed by French law and
referred to the Courts in Paris.
INSTITUTO DE INVES TIGACIONES LEGISLATIVAS UNIDAD DE INFORMATICA LEGISLATIVA LEY DEL REGIS TRO PUBLICO DE LA PROPIEDAD DEL ESTADO DE SAN LUIS Fecha de Aprobación: Fecha de Promulgación: Fecha de Publicación: Estimado Usuario: La edición de las disposiciones jurídicas del ámbito Federal o Estatal, en medios electrónicos no representa una versión o
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