SITROOM MOBILE APPLICATION TOS
Preamble
Sitroom (hereinafter "Sitroom") is a company incorporated under French law, with a capital of € 5,000, whose registered office is located at 13, rue Saint-Honoré 78000 VERSAILLES FRANCE, registered in the Trade and Companies Register under the number 890 305 709.
Sitroom publishes and markets software used for professional or personal purposes installed on remote or own servers. It aims to facilitate the circulation of information within organizations managing dispersed teams and processing geolocated information and data (intangible or tangible). These solutions are accessible on web or mobile application.
The purpose of these general conditions of use of the mobile application (hereinafter referred to as "Application T & Cs") is to determine the rules for using the "Sitroom" mobile application (hereinafter referred to as the "Application") published by the company Sitroom.
By installing the Application on your terminal and / or by accessing the Application, as a visitor and / or user, you unconditionally and unreservedly accept all of the Application T & Cs defined below. If you do not wish to accept these Terms of the Application, we ask you not to access the Application.
Any visit and / or use of the Application must be done in accordance with these Terms of Use of the Application.
Sitroom reserves the right to modify these T & Cs of the Application at any time, all or part of the provisions of the T & Cs of the Mobile Application, in order to adapt them to changes in the Services, to technical, legal or jurisprudential changes or when the implementation of new services. The applicable T & Cs are those in force on the date of connection and use of the Application by the User.
Sitroom therefore invites the User to refer, on a regular basis, to the latest version of the Application T & Cs available in the Application and on the Sitroom Site.
Article 1: DEFINITION
Terms beginning with a capital letter within these T & Cs of the Application, whether used indifferently in the singular or in the plural, will have the meaning given to them below:
" Application and / or Mobile Sitroom Application " refers to the “Sitroom” software application edited and supplied by Sitroom, giving access to the Services, and which is available free of charge in the “App Store” of Apple and the “Google Play Store” of Google to be downloaded by the User on his Apple iOS and Android device. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that compose it, updates and new versions that may be made to the Application by Sitroom.
" Content " designates without this list being exhaustive, the structure of the Application, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the company names, the works audiovisual, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and / or any other element making up the Application.
" CGV " refers to Sitroom's general conditions of sale applicable to the software it publishes and which are marketed from the website www.sitroom.io/.
" Services " refers to the various functionalities and services offered by the Application.
" Site " means the official Sitroom website at the following address: www.sitroom.io/ .
" If you ”Designates a collaborative space created within the Sitroom web or mobile application.
" User " or " You " refers to a natural person of full age or minor having previously obtained the authorization of their parents or the person vested with parental authority, and having downloaded the Application for their own needs, for personal or professional use.
Article 2: PURPOSE OF THE APPLICATION
The purpose of the Application is to allow You to access the Sitroom software either directly via the Application or via a hypertext link redirecting You directly to the Sitroom site.
Several Services may be offered to the User and in particular:
· Join his customer account;
· Access to its Dashboard existing situs, either created by the user via the webapp, or because invited by a third-party administrator;
· Interact via the chat on a specific situation with the interveners of this situation ; this includes uploading files from the mobile and downloading files added by users;
· Enter georeferenced data via data sheets from the map view;
· Consult and modify from the chat and the map the data entered by the users of the situation concerned.
Article 3: AVAILABILITY OF THE APPLICATION
The Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of Sitroom and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application. .
The software version of the Application may be updated from time to time to add new functions and services.
Maintenance and / or updating interventions may be carried out without the Users having been previously notified.
Article 4: ACCESS CONDITIONS AND FINANCIAL CONDITIONS
4.1: ACCESS CONDITIONS
4.1.1: Download
The equipment and material resources allowing access to the Application are the sole responsibility of the User.
To access and use the application, You must have:
· A compatible telephone or a compatible mobile terminal;
· Internet access;
· A customer account in a virtual store with one of the providers of the Mobile Application (App store and / or Google Play Store).
Compatible phones and mobile devices are as follows:
· Apple® iPhone® mobile phone with the iOS operating system running iOS 10 or any later version that may be developed;
· Mobile phone with the operating system Android® OS 4.4 or any later version that may be developed.
The Mobile Sitroom Application can therefore be downloaded free of charge from the “Google Play Store” and “App Store” platforms.
4.1.2: Creation or registration of the account
If the User does not have a Sitroom account, it will be required that he creates one in order to be able to use the Application. He should contact the head of his organization dealing with Sitroom accounts, or contact the Sitroom sales department via the address [email protected] . Once his account has been validated by the Sitroom administrator, the User will receive an email with a link allowing him to create his account. :
· First name
· name
· E-mail address
· Password
Once the account has been created, the User enters his e-mail address and a confidential password allowing access to the Services.
The User guarantees Sitroom that the information provided when registering is accurate, complete and up to date.
4.2: FINANCIAL CONDITIONS
The Application is offered free of charge to Users except:
· Subscription cost with the mobile telephone operator;
· Cost of connection and access to the Internet network;
· Any additional cost charged for loading the data.
Article 5: END USER LICENSE AGREEMENT (EULA)
Sitroom grants the User a personal right to use the Application, the Content and the Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free only for his own needs and in the context of the use. of the Application and the Services, to the exclusion of any other purpose.
This license does not confer any right of use to the User on the Content. The User is strictly prohibited:
· To carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor to apply reverse engineering (or “Reverse Engineering”) of all or part of the Application, the Services and / or Content;
· To create derivative works of the Application under license;
· To use software or processes intended to copy the Content without the prior authorization of Sitroom;
· To export the Application, merge all or part of the Application with other computer programs;
· To permanently or temporarily reproduce the Application, in whole or in part, by any means and in any form;
· To extract or reuse, including for private purposes, without the prior written authorization of Sitroom, a substantial part or not of the content of the databases and archives constituted by the Application;
· To set up systems liable to hack the Application and / or the Content in whole or in part, or liable to violate these T & Cs of the Mobile Application.
If You violate these prohibitions, You are liable to prosecution and damages. The terms of this License will govern any updates provided by Sitroom that replace and / or supplement the original Application, unless such update is accompanied by a separate license, in which case the terms of this License will prevail.
Article 6: RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE USER
The User expressly undertakes:
· To download the Application on its equipment exclusively for personal or professional use;
· To make short quotations, analyzes and reproductions intended for press reviews as well as for other uses within the limits and conditions set by law and subject in particular to citing the name of the authors and the editorial source;
· To expressly renounce the use of software or devices likely to disrupt the proper functioning of the Application, nor to initiate any action likely to impose a disproportionate burden on Sitroom's infrastructures;
· To inform Sitroom as soon as it becomes aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and / or the Content, regardless of the distribution method;
· Not to sell, rent, sublicense or distribute in any way the Application and / or the Content to third parties.
Article 7: RIGHTS, OBLIGATIONS, RESPONSIBILITY OF THE PUBLISHER
Sitroom will make its best efforts to ensure the proper functioning of the Application, it undertakes to secure access, consultation and use of the Application and the Site.
Sitroom undertakes to carry out or have carried out the necessary maintenance interventions to restore the proper functioning of the Application or its Site as soon as possible.
Article 8: LIMITATION AND EXCLUSION OF LIABILITY
Sitroom cannot be held responsible for the risks accepted by the User (see article 11.1).
Sitroom cannot be held responsible:
· In the event of a defect, loss, delay or error in data transmission which is beyond its control;
· Damage of any kind, direct or indirect, resulting from the use or the inability to use the application and in particular any financial or commercial loss, loss of data in particular in the information system of the User of the 'Application ;
· Damages of any kind, direct or indirect, resulting from the content and / or use or inability to use websites linked to the Application or to which Users could have access via the Application;
· Damage of any kind whatsoever caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor the consequences that may result therefrom on their personal, professional or commercial activities;
· The sending of messages and / or data and to a false, erroneous or incomplete address;
· If data does not reach it, for any reason whatsoever, or if the data it receives is unreadable or impossible to process;
· In the event that the User is unable to access or use the Site, the Application and / or the Services for any reason whatsoever, in particular in the event of maintenance operations, updates or technical improvements ;
· If for some reason the connection should be interrupted.
Furthermore, Sitroom declines all responsibility in the event of improper use of the terminal and / or an incident related to the use of the terminal while using the Application. Sitroom can in no way be held responsible for any damage of any kind whatsoever caused to Users, to their terminals, to their computer and telephone equipment and to the data stored there, nor for the consequences that may result therefrom on their activity. personal, professional or commercial.
To the extent permitted by applicable law and to the extent that Sitroom would be held liable for damage not provided for above, Sitroom's liability will be limited only to certain, actual and established damage.
Article 9: GEOGRAPHICAL LIMITS AND GEOLOCATION
Use of the Sitroom application is strictly limited to the country in which Sitroom is marketed.
A geolocation service is offered by Sitroom to the customer.
The use of the geolocation functionality of the Application requires the express prior consent of the User to be geolocated. For this, the User must activate, if he wishes, the geolocation function directly in the settings of his mobile terminal and accept that the Application can use it. This feature can be deactivated or activated at any time and without charge.
By accepting the GPS geolocation function of the mobile phone and the Application, the User will be able to view, enter and transmit georeferenced information and data.
Article 10: PROTECTION OF PERSONAL DATA
To know the characteristics of the personal data protection policy implemented by Sitroom, the User is expressly invited to read the Charter relating to the protection of personal data available on his website. Site .
The User is informed that the Application uses trackers or “cookies” designed to be used by Sitroom. To find out more about the use of "cookies", the User is expressly invited to read the Sitroom Policy on cookies available on his website. Site .
Article 11: THE SECURITY OF THE APPLICATION
The Application and software are provided "as is" and "as available" without warranty of any kind. Access and use of the Application are at the User's own risk.
11.1: RISKS FOR THE USER
It is up to the User to take all appropriate measures to protect his own data and / or software stored on his and / or his equipment (telephone, computer) against any attack (malfunction, virus, hacking, ... non-exhaustive list ).
By using the Application, the User assumes all the negative consequences that the Application could cause.
11.2: 11.2 RISK ON THE "INTERNET NETWORK"
The technical performance of mobile Internet requires processing time necessary to respond, consult, query or transfer services.
The User declares to know and accept the limits and problems of the Internet network and for which Sitroom cannot be held responsible: (non-exhaustive list)
· The characteristics and limits of the Internet network and, in particular the functional characteristics and technical performance of the Internet network;
· Problems related to connection and / or access to the Internet and / or websites;
· Problems related to network availability and congestion;
· Problems related to network failure or saturation;
· Problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data;
· The risks of interruption;
· The lack of protection of certain data against possible misappropriation or piracy;
· The risks of contamination by possible viruses circulating on said networks.
Article 12: TECHNICAL LIMITATIONS
The User must ensure that they have a sufficient Internet connection for the operation of the Application. Sitroom is not responsible for the malfunction of the Application in the event of absence or poor internet connection. Some services may not work in the event of poor internet connections.
For the proper functioning of the Application services, certain mobile phone functions must be activated (camera, geolocation, networks, etc.). If these features are not activated or present on the User's mobile phone, certain services will not be functional on the Application. Sitroom cannot be held responsible for non-functional services.
Sitroom ensures that the Application is published on the stores and that the Application is compatible with most mobile phone type devices on the market. Due to the large number of models, various operating systems (up to date or not), possible additional costs for operators, and the different software installed by the User, Sitroom cannot guarantee the perfect compatibility of the Application with all cell phones and therefore will not be responsible for the malfunction.
Article 13: APPLICATION OF TERMS AND CONDITIONS
All the Sitroom general conditions available on the site www.sitroom.io/ are applicable to all Users of the Application and the Services.
By using Sitroom, You accept the T & Cs to which You have access on the Site.
The User is invited to read carefully and at each visit the T & Cs and T & Cs which are accessible by hyperlink in the Application settings section and may be modified at any time and without notice by Sitroom.
Article 14: INTELLECTUAL PROPERTY
Sitroom is the exclusive owner of all intellectual property rights relating to the Application and its Content. Downloading the Application does not confer any right on the User to Sitroom's intellectual property rights.
All reproduction and representation rights are reserved, including for downloadable documents. All texts, graphics, icons, photographs, maps, logos, videos, sounds, brands, and more generally all the elements making up the Application may not be the subject of any representation, reproduction, use or extraction, in whole or in part, on any medium whatsoever, without the express prior authorization of Sitroom.
The User expressly agrees that the use of the Application does not in any way infringe the rights of Sitroom, and in particular that this use does not constitute an act of infringement, of unfair or parasitic competition of the Content. .
Article 15: TERMINATION
Sitroom may decide to terminate the provision of the Application at any time, subject to giving 8 days notice; the notification of the end of the provision will be made by e-mail or by displaying a message on a screen of the Application.
Sitroom does not have to justify its decision to terminate the provision of the Application, and this decision cannot give rise to compensation or reimbursement (the Application being free).
Sitroom can terminate your EULA (section 5) if you fail to comply with its terms.
Upon any termination, the rights and licenses granted to You will terminate and You must cease all use of the Application.
Article 16: INDIVISION OF TERMS AND CONDITIONS OF THE MOBILE APPLICATION
If a court of competent jurisdiction judges that one of the provisions of these T & Cs of the Application is invalid, the latter must then be deleted without affecting the rest of the T & Cs of the Application. The other provisions of these T & Cs of the Application will remain valid and applicable.
Article 17: RECOURSE, COMPETENT JURISDICTION AND APPLICABLE LAW IN THE EVENT OF A DISPUTE
The form, entry into force and validity of these terms and conditions are governed by the laws of the user's domicile or habitual residence.
Prior to any contentious action, the Parties undertake to seek together and in good faith an amicable solution within thirty (30) days. Any complaint will therefore be submitted in writing to Sitroom Customer Service by telephone or by contacting us, with supporting documents, at the following coordinates:
SITROOM
Customer service
13, rue Saint-Honoré
78000 VERSAILLES
FRANCE
If applicable, any dispute that may arise on the occasion of the validity of these Terms of Use of the CGU, its interpretation or its execution will be subject to the exclusive jurisdiction of the court of the jurisdiction in which the User has his domicile or his or her habitual residence, except for mandatory procedural rules to the contrary.