TERMS OF USE OF APPLICATIONS FOR INVOXIA PRODUCTS AND SERVICES



  1. RELATIONSHIP BETWEEN YOU AND INVOXIA


By downloading, installing, connecting and/or using the Applications, you expressly affirm your agreement with these Invoxia Application Terms of Use ("Application Terms of Use**").


The Applications are distributed by Invoxia SAS (hereinafter "Invoxia" or "We").


These Terms of Use for the Applications are a subset of the General Terms of Use for Invoxia Services ("Invoxia Services General Terms of Use"). The Terms of Use of the Applications prevail as to their subject matter over any other document of the General Terms of Use of Invoxia Services.


An Application (hereinafter "Application") is a software application developed by or for Invoxia, consisting of a graphical interface (and other Application Components as defined below), accessible in particular from your smartphone, and from which you interact with the various features made available to you by the Application allowing you to record, store, access, use your data, including personal data. The Invoxia Applications include the following:


  • Invoxia GPS

  • Triby

As a user, you acknowledge and warrant:


  • Have obtained and read a copy of these Application Terms of Use; and,

  • To be in possession of these Terms of Use for the Applications in a durable and accessible medium; and,

  • Be of legal age or authorized under the laws of your country of residence to enter into these Terms of Use for the Applications; and,
    * Be able to read these Terms of Use for the Applications,

  • Have the right to access and use the Applications.

Any objection or challenge by you to these Application Terms of Use shall be construed as a refusal to consent to these Application Terms of Use.


IF YOU DISAGREE WITH THESE APPLICATION TERMS OF USE YOU ARE NOT AUTHORIZED TO USE THE APPLICATION AND YOU MUST UNINSTALL THE APPLICATION.


  1. DEFINITIONS


API: means the Invoxia Application Programming Interface for dedicated developers of Invoxia Products and Services, as specified in the applicable API Agreement.


Product or Invoxia Products and/or Invoxia Services or Services: means all Invoxia goods and services sold and provided by Invoxia.


Site: means the website available at the following address: https://invoxia.com/


  1. CHANGES TO THE TERMS OF USE OF THE APPLICATIONS


The parties understand and acknowledge that Invoxia has the right at any time to modify all or part of these Terms of Use of the Applications, to incorporate changes required by law, or any other applicable regulation, or any event considered sufficiently adequate by Invoxia to require such changes. Any new version of the Application Terms of Use shall not apply retroactively but shall supersede and replace the previous Application Terms of Use.


We recommend that you review the Invoxia Services Terms of Use frequently and save each version on a durable medium.


  1. PREREQUISITES FOR USING, DOWNLOADING AND UPDATING APPLICATIONS


You must download the Application to your personal device before using it. This device may be your personal smartphone or your computer's web browser (hereinafter collectively referred to as the "Device"). The download of the Applications, and the exchange of data between the Application and Invoxia servers require an Internet connection that you must provide. The quality of your Internet connection and sufficient processor speed and performance of your Media are essential for optimal use of the Applications. More details about the requirements are available on our website. For more information please contact our customer service.


Your Media may not be compatible with the Application even if you can download it to your Media. Before any use, it is necessary that you check if your Support and the Application and/or Invoxia Products are compatible. You must comply with the terms of use applicable to the online store used to download the Application.


The update of the Application will be performed in accordance with the update policy issued by the manufacturer of your Support and/or the supplier of your embedded system. Please be aware that the update of the Application may include substantial changes to (1) the Application and/or (2) the functionality available on the Application. We cannot guarantee the continuity and availability of all features available through the Application. In addition, the functionality and availability of the Application may also depend on where you download or connect to the Application.


  1. YOUR USE OF THE APPLICATIONS


You must download, install and use each Application in accordance with these Application Terms of Use.


Data from and presented to you through an Application may be inaccurate due to improper use of the Application, a Product or your Support.


When using an Application, you must not:


  • Use the Application in a manner that violates any law or regulation, or the rights of any third party including intellectual property rights, or privacy rights etc.; and,

  • Act in a manner that may create any harm to Invoxia, its affiliates, partners or any user of our Applications, Website, API, Products and Services; and,

  • Fraudulently introduce any data into any Application, Website, API or through the Applications; and,


  • Interfere with, hinder, or distort the proper functioning of the Application or the use of the Application in any way to interfere with any rights of third parties or Invoxia; and,
    * Use the Application in any way that is contrary to the rights of Invoxia,

  • Undertake any action and/or use of any method that allows for the extraction of data, including but not limited to any data scraping, data harvesting, web crawling from the Application or databases that allows for any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Application; and,

  • Probe, scan and technically analyze the Applications; and,

  • Test the vulnerability, performance, and functionality of the Application for any reason other than those necessary to use the Application; and,

  • Violate any security measure implemented by Invoxia in the Application; and,

  • Use any illegitimate means to violate any authentication method, implemented by Invoxia to enable a user's login to the Application and/or the purchase and payment system; and,

  • Access and maintain yourself in a section of the Application that you do not specifically access through your normal use of the Application.

  1. CONNECTION AND IDENTIFICATION


Your identification through an Invoxia account for Invoxia Products and Services (hereinafter the "Account") is required before any connection, access and use of an Application. Please note that you may choose to use a pseudonym when creating your Account.


By connecting an Application and a Product, you identify yourself as a user of the Product. This connection allows you to:


  • Link data from the Product to your Account; and

  • Access your data through the graphical interface of the Application; and

  • To store your personal data on Invoxia servers in accordance with Invoxia's Privacy Policy.

If you create an Account, you must follow a set of actions necessary to prevent a third party from accessing your Account. Therefore, you must verify that your password is sufficiently secure (including a sufficient number of characters, a mixed base and various alphanumeric characters etc.), and disconnect your session when you disconnect from the Site and/or the Application You are solely responsible for accessing your Account and/or any other means made available to you to connect to the Site and/or the Applications. We remind you that access to your Account may allow access to your personal data. We strongly advise you to activate the feature allowing you to add a second security password to log in to your Account through the Application.


Any connection to your Account by a third party to which you have given your prior consent is your responsibility. We cannot be held responsible for any disclosure of personal data to a third party or parties due to the implicit or explicit permission you have given to such third party or parties. Leaving the Application without logging out is considered implied permission from you.


In order to facilitate access to the electronic system, we remind you that your identification may be automated through the use of Cookies.


  1. INTELLECTUAL PROPERTY - LICENSE TO USE THE APPLICATION


The Application is composed of elements such as text, interfaces, photographs, graphics, images, navigation, trademarks, service marks, logos, designs, music, artwork, computer code, software, fonts or any other element contained in the Application (hereinafter the "Application Components"). The Application Components and all rights, including without limitation title and intellectual property rights, are the property of Invoxia and/or its licensors and Affiliates and are protected by the provisions of international treaties and any other applicable national laws of the country in which they are used.


Subject to your full compliance with the Invoxia Services Terms and Conditions, including these Application Terms and Conditions, We, or any third party specifically designated for this purpose, grant you a personal, non-exclusive, non-transferable, non-assignable and non-sublicensable license, revocable at any time by Invoxia in its sole discretion, to access and use the Application strictly in accordance with the Invoxia Services Terms and Conditions. Use of the Application does not grant you any intellectual property rights in or to any information or content on the Application. The license granted under these Application Terms of Use is strictly limited to the purpose of the Invoxia Services Terms of Use.


You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, lease, reverse engineer, decompile, extract or otherwise attempt to discover the source code of any software contained in the Application. If the Application consists of open-source licensed software, the terms and conditions of such licenses shall apply.


No right or license, express or implied, is granted to you in any part of the Application except as expressly set forth in these terms. In addition, no license or immunity is granted by reason of the combination of the Application with any other software or hardware not provided by Invoxia or its authorized distributors and resellers. In addition, any license to any patent of Invoxia and/or any of its licensors, and/or its Affiliates and/or any third party (including essential patents) are specifically excluded from the Invoxia Services Terms and Conditions, including these Application Terms and Conditions. Such licenses must be acquired separately from Invoxia or the respective rights holders. Unless otherwise specified, the right so granted may apply to any update and evolution of the Application. However, some features may be accessible through a specific license, especially if they are published by third parties, although integrated within the Application. (Hereinafter "Third Party Features")


  1. THIRD PARTY FEATURES


We may incorporate functionality or features developed and provided by third parties into the Application to provide you with additional functionality and features. The use of these third-party Features is made through a contractual commitment separate from these Terms of Use of the Applications. Invoxia in its capacity as a third party to this agreement, can not be held liable for the direct or indirect use of this third party functionality.


  1. PERSONAL DATA PROTECTION


For Invoxia, the protection of the privacy of its users is of the utmost importance. We invite you to read our Privacy Policy to this effect.


You have the right to access, rectify and object to the information concerning you by contacting our customer service department. You may also, for legitimate reasons, object to the processing of Personal Data concerning you.


  1. ACCOMMODATION


By using an Application, you authorize Invoxia, or any third party designated by Invoxia for this purpose, to store data from the use of a Product and/or Application and/or the features enabled by a Product or Application. Your data may not be accessible and We cannot guarantee that your data will be accessible forever. As a result, you should regularly make copies of your data, including through the features made available to you within the Application.


  1. WARRANTIES


These provisions apply:


  • Applications

  • Software for the Products

  • Hosting Services

  • To their improvements.

These provisions do not apply to:


  • To Products.

In addition to the statutory warranties that cannot be waived, the Site, Applications, Products software, hosting services, API and enhancements thereto (hereinafter the "Means") are provided on an "as is", "as available" and "as available" basis.


Invoxia DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND RELATED TO THE MEANS. Thus, Invoxia DOES NOT GUARANTEE THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE MEANS. WE DO NOT WARRANT THAT THE MEANS, OR ANY CONTENT, SERVICE OR FUNCTIONALITY OF THE MEANS, INCLUDING ANY INFORMATION AND MATERIALS UPLOADED BY YOU, ARE FREE OF ERRORS OR DEFECTS, OR THAT THEY WILL BE CORRECTED.


Invoxia DISCLAIMS ANY LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE YOU SUFFER IN CONNECTION WITH YOUR USE OF THE MEDIA. YOU MUST ASSUME RESPONSIBILITY FOR YOUR USE OF THE MEDIA. YOUR ONLY REMEDY AGAINST Invoxia FOR ANY NON-SATISFACTION WITH ANY OF THE MEANS OR ANY CONTENT DIRECTLY OR INDIRECTLY RELATED TO A MEANS IS TO STOP USING THE MEANS. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THE AGREEMENT BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO SUCH AGREEMENT.


  1. GENERAL


FORCE MAJEURE


Any event that is deemed to be both unforeseeable, irresistible and external and that prevents Us from fulfilling our obligations under the Application Terms of Use is considered a Force Majeure Event ("Force Majeure Event"). The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockouts, disruptions and defects in transportation services, difficulties in the supply of raw materials or energy, any communication interference resulting in difficulties in fulfilling an obligation or performing any obligation required by these Terms of Use for the Applications, which shall then be suspended for the duration of the Force Majeure Event. Performance of any such obligation shall be immediately continued once the cause of the Force Majeure Event ceases.


ENTIRE CONTRACT


These Application Terms of Use constitute the entire agreement between you and Us, and supersede, exclude and replace any prior agreements relating thereto. You acknowledge that other Invoxia Services Terms and Conditions documents may also apply when you are subject to these Application Terms.


SURVIVAL


If any provision of these Application Terms of Use is found to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the invalid or unenforceable portion or provision shall be deemed unwritten.


NON-WAIVER


No failure, delay or partial performance by Invoxia of any right or rights under any provision of these Terms of Use for the Applications shall be construed as a waiver by Invoxia of any subsequent claim under such provision or of any failure by the other party to perform under such provision.


EVIDENCE - ELECTRONIC COMMUNICATION


Any notice or communication between you and Invoxia may be made by any electronic means. Thus, you are fully aware that Invoxia may communicate information to you by any electronic and dematerialized means that may be directly or indirectly linked to your Invoxia account for Invoxia Products and Services.


JURISDICTION - DISPUTE RESOLUTION


In the event of a dispute or litigation between Invoxia and you arising out of or in connection with your use of a Product or Service provided by Invoxia, the parties shall in good faith, as soon as possible and prior to any legal action, attempt to resolve the dispute through an amicable procedure or through an alternative dispute resolution.


These Invoxia Conditions are governed by French law. In the event of a dispute arising from your use of a Product or Service provided by Invoxia, the Parties agree before any legal action to seek an amicable solution. In case of dispute, only the French courts will have jurisdiction.


If despite all our efforts to meet your expectations you do not obtain satisfaction after our customer service, you can resort free of charge to a mediator of consumption. The Mediation and Arbitration Center of Paris will help you in your steps if you contact them: (i) via their online form (www.cmap.fr), (ii) by email to consommation@cmap.fr., or (iii) by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.


The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage



Last updated on February 28, 2019