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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). eneral provisions
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.
MYAPP® 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. The product other previous General Terms and Conditions which may not (application) is thus backed up and hosted for the term of the MYAPPHONE 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 partner , referred to hereafter as the User.
necessary for publication in the aforementioned stores is beyond MYAPPHONE's control. All negative feedback or User 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 ubscription
application download page (the so-called splash screen) unless the User has chosen the paying option not to show it.
Subscription content:
The User will have a complete statistical interface. Depending on the option chosen, the User may also be MYAPP® 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 the User 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 The User hereby declares that he knows the limits to
particular connections to the Internet or the mobile telephone network.
Modification of the publication requiring store
validation

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
follows.
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, The User 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 (and/or its
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.
The User 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.
The User 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
distributor partner).
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.
User licence:
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.

Source: http://www.myapp.net/wp-content/uploads/2013/08/CGV_MYAPP_JUIN2013_EN.pdf

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