General Conditions of Use - DysphoToSpeech
General conditions of use of the DysphoToSpeech mobile application
[Automatic Traduction from french]
ARTICLE 1: PRESENTATION
The company SARL Twopik Pwogwam with a capital of 1 euros, registered with the RCS of Basse-Terre under number 509 931 556, whose head office is located at Rue de Cacoville, 97130 Capesterre Belle-Eau, Guadeloupe, operates the Mobile Application " DysphoToSpeech ”hereinafter referred to as“ the Mobile Application ”or“ the Service ”;
The publication director of the Service is Mr. Heidy Hery. The contact email address is: firstname.lastname@example.org
ARTICLE 2: PURPOSE AND SCOPE OF THE T & Cs
The General Conditions of Use hereinafter and hereinafter referred to as "T & Cs" govern the relationship between Twopik Pwogwam and the Users, hereinafter referred to as "the User" or "the Users" of the Mobile Application, and apply without restriction or reservation for any use or download of the Mobile Application.
The User is required to accept these T & Cs for any download and for any use of the Mobile Application by checking the box "I acknowledge having read and accepted the General Conditions of Use".
Twopik Pwogwam may modify these T & Cs at any time without notice. Users will be informed of the modification hereof through the publication of the updated T & Cs on the application and by a notification indicating this change within the application. The modified T & Cs will take effect from their publication. Continued use of the Service following this publication will constitute acceptance of the new version hereof.
Users are therefore advised to read these T & Cs very carefully and to regularly consult the updated T & Cs, in the "T & Cs" Section of the Mobile Application or on the "General Conditions of Use" tab of the Twopik Pwogwam site. (www.twopikpwogwam.com).
In the event that a User does not accept these T & Cs or refuses to comply with them, he must not use the Mobile Application. In this case, it is recommended to uninstall the Application
Mobile. By registering, the User confirms having read these T & Cs and agrees to submit to them without reservation.
Unless proven otherwise, the data recorded in the computer system of the Mobile Application constitutes proof of all transactions concluded with Users.
ARTICLE 3: GENERAL PRESENTATION OF THE SERVICE
3.1 Purpose of the Service
The Service is an application that allows people with voice disorders (dyphonia, aphonia, etc.) to be able to write down their needs so that the application can vocalize them. It also gives users the ability to save phrases by category, so they can be used later.
Thus, the Service is intended in particular to allow dysphonic or aphonic people to be able to hold a conversation or to be able to quickly express their health problems to the doctor.
3.2 Operation of the Service
The DysphoToSpeech Mobile Application can be downloaded via mobile application stores (such as in particular Google Play or the App Store) using available technologies, and in particular a smartphone-type mobile terminal.
To benefit from the Service, the User must therefore have a smartphone and internet access.
The Service is essentially in the form of a text box with buttons for vocalized text, as well as a list of phrases by category.
The features of the DysphoToSpeech Mobile Application are as follows:
• The User enters his sentence, then press the play button to hear it
• The User can create new categories if he wishes.
• The User also has the possibility of registering expressions by categories.
• The user has the possibility to choose the language of the voice used.
• Users have the option of installing new voice languages.
• The User has the possibility, at any time, to change the gender of the voice used (male or female).
ARTICLE 4: PRICES AND FINANCIAL TERMS
Downloading and using the DysphoToSpeech Mobile Application is free. The Mobile Application downloaded free of charge provides access to all the services offered as described in Article 3 hereof.
ARTICLE 5: USER'S OBLIGATIONS
The purpose of the DysphoToSpeech Service is to promote mutual assistance between Users, and to give them access to various services and "good deals". Any use of the Service contrary to this purpose will be contrary to these T & Cs. The User acknowledges having the skills and technical means necessary to download and use the Mobile Application, the material used remaining exclusively at his expense. The User is notably informed of the fact that use of the Service may require acceptance of geolocation when using the Mobile Application for proper use of the Service. The User agrees to make adequate and lawful use of the Service and its contents, in accordance with the legislation in force, these T & Cs, morality, good morals and public order. Users who use the Service for purposes prohibited by law and / or contrary to the present will be exposed to legal proceedings and the data allowing their identification may be provided to the competent authorities in the event of legal proceedings instituted against them.
DysphoToSpeech is a simple application allowing to translate texts into sound voice. The User is therefore fully responsible for the use made of the Service, as well as for any decisions he may take after consulting the information contained in the Mobile Application. DysphoToSpeech cannot be held responsible for any direct or indirect damage, of any nature whatsoever, caused by misuse or illegal or unlawful use of the Service by a User, by any information or any other content communicated, transmitted or disseminated by a User during the use of the Service, or by any breach whatsoever on his part of these T & Cs. In particular, without this list being exhaustive, the User is informed that he is expressly prohibited:
• Undertaking unauthorized or fraudulent use of the Mobile Application and / or its content for illicit purposes or effects;
• Access or attempt to access restricted resources or areas of the Mobile Application, without complying with the conditions required for such access;
• To introduce or distribute on the network computer viruses or any other physical or logical system that may cause damage to the physical or logical systems of the owner of the Mobile Application, its suppliers, other Users or any third party;
• Submit content that may constitute a so-called “press” offense, falling under the law of 29 July 1881 on freedom of the press;
• To disseminate any data, information or content that is defamatory, abusive, obscene, racist or xenophobic, shocking, inciting hatred or violence, threatening, constituting harassment, and in general any content that would be contrary to the laws and regulations in force, good morals, or public order.
• To infringe in any way whatsoever the right to respect for private life and the right to image of other Users or any third party.
• To harass, persecute, embarrass in any way another or several other Users or any other person;
In accordance with article 6. I. paragraph 7 of Law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, the Mobile Application allows Users of the Service, through the Contact Form in the section "your opinion counts", or directly via the Mobile Application to bring to the attention of DysphoToSpeech any behavior or content which it considers illegal and / or contrary to these T & Cs, in particular all data supporting crimes against the humanity, inciting racial hatred or child pornography, inciting violence or attacking human dignity, as well as against the offenses referred to in the fifth and eighth paragraphs of article 24 of the law of July 29, 1881 on the freedom of the press, and articles 227-23 and 227-24 of the Penal Code.
ARTICLE 6: OBLIGATIONS OF TWOPIK PWOGWAM
Twopik Pwogwam undertakes to provide a Service in accordance with these T & Cs. Twopik Pwogwam reserves the right to modify any information or content appearing in the Mobile Application, at any time and without notice, within the framework of its update or the correction of errors or inaccuracies or if it seems to it opportune without this opening the right to any compensation for Users.
In the event of violation of these T & Cs or of the laws and regulations in force, in particular in the event of a breach by a User of one or more of the aforementioned rules in Article 5, or whose behavior could compromise or risk compromising the good operation of the Service or infringe the rights of third parties or the reputation of the Service, Twopik Pwogwam reserves the right to suspend and / or unilaterally terminate the execution of these under the conditions referred to in Article 9 hereof, and to block and / or delete the Personal Account of the User concerned as well as his access to all or part of the Service, to delete the contentious content, temporarily or permanently, without this entitling the User to any compensation.
In the event that a User suspects or reports illegal content or violates these T & Cs, Twopik Pwogwam reserves the right to suspend the Personal Account of the User concerned or the publication of the contentious content within a reasonable period of time for the purpose of to verify the accuracy of information suspected of being abusive.
However, Users are informed that any abusive report may be penalized in accordance with applicable regulations and these T & Cs and may result in the suspension and / or immediate termination hereof.
ARTICLE 7: LIMITATION OF LIABILITY
At any time, Twopik Pwogwam may modify, temporarily or permanently interrupt access to the Service, without having to inform Internet users in advance, Twopik Pwogwam making no commitment to maintain permanent and uninterrupted access to the Mobile Application. and / or the Service. Twopik Pwogwam is in no way responsible for these interruptions and the consequences that may result for the User.
Twopik Pwogwam will not be responsible for the inadequate functioning of the Service if it results from maintenance operations, incidents, or problems related to its ability to support the systems essential to the use of the service, even if Twopik Pwogwam will make its best efforts to ensure a rapid response, without taking responsibility for delays related to telecommunications services. In particular, Twopik Pwogwam will in no way be responsible for the malfunction of the telephone operators and Internet service providers to which the User has used, nor for the payment platforms that the User uses to make the payments.
Twopik Pwogwam cannot be held responsible for any loss or theft or any damage resulting from fraudulent use of User identification data.
As a technical service provider, Twopik Pwogwam is not required to verify the veracity of the information provided by Users and declines any responsibility for the inaccuracy of the data, information and content disseminated by Users via the Mobile Application, or errors or omissions they could include as well as any damage resulting from the use of any content provided by a User.
Twopik Pwogwam makes no warranty as to the functioning and availability of access to the DysphoToSpeech Mobile Application in the event of force majeure or fortuitous events as defined by the regulations and case law in force.
Expressly, are considered, in particular, but not exclusively, as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts: exceptional bad weather total or partial strikes, internal or external to the company, lockouts, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fires, storms, floods, water damage, natural disasters, lightning, terrorist attacks, damage caused by viruses for which the means of security existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions, breakdowns computer, the blocking of telecommunications including the PTT network, the failure of the public network of t telecommunications, loss of Internet connectivity due to public or private operators, any problem related to the modem or the computer system of the User or his navigation software, the interconnections of telephone networks and / or any other transport or telecommunications infrastructure used by the user, the failure of the public electricity distribution network and any other event beyond the express will parts preventing the normal performance of the Service.
Twopik Pwogwam is also not responsible for the improper configuration of the User's mobile terminal. It is up to each User to ensure the proper functioning and configuration of his equipment.
Twopik Pwogwam cannot be held liable for any transactions carried out on a private or professional basis by Users following the visit of a web page or link accessible via advertisements. Users are in fact reminded that Twopik Pwogwam is limited via this banner to offering access to its Mobile Application to advertisers who are solely responsible for the contractual or tort relationship that may arise with a User following a visit by a User. on their page and / or to a transaction carried out on this occasion.
ARTICLE 8: DURATION
In the case of downloading the free Mobile Application, these T & Cs are subscribed for an indefinite period from their acceptance by the User under the conditions described in Article 1.
ARTICLE 9: TERMINATION
Access to the Mobile Application and to the Service could be temporarily or permanently interrupted, in particular in the event of termination by Twopik Pwogwam of the activity in question, or in the event of judicial or amicable liquidation of the company Twopik Pwogwam. These T & Cs would then be automatically terminated.
In the event of the death of the User, the contractual relationship between the latter and Twopik Pwogwam will be automatically terminated.
Its content can only be transmitted to beneficiaries by court decision.
In the event of violation of these Terms by the User, or of the laws and regulations in force, in particular, but not exclusively, in the event of a breach by a User of one or more of the aforementioned rules in Article 5, or in the event of of behavior compromising or risking to compromise the proper functioning of the Service or infringe the rights of third parties or the reputation of the Service, Twopik Pwogwam reserves the right to unilaterally suspend and / or terminate the execution of these conditions, as well as its access to all or part of the Service, to delete the contentious content, temporarily or permanently, without this entitling the User to any compensation, and without prejudice to any legal action that Twopik Pwogwam could subsequently bring for to assert his rights.
ARTICLE 10: INTELLECTUAL AND INDUSTRIAL PROPERTY
10.1 Twopik Pwogwam intellectual property titles
All the content of the Mobile Application and the Websites, photographs, logos, images, sounds, video, graphics, texts, or illustrations as well as its structure, databases, software, codes as well as any other material and visual element making up the Mobile Application is protected, in particular by intellectual property law of which Twopik Pwogwam remains the sole owner.
These T & Cs do not imply any transfer of any kind of intellectual property rights over items belonging to Twopik Pwogwam and / or its partners for the benefit of the User.
Users undertake to respect the intellectual property rights attached to the components of the Mobile Application and refrain, in particular from distributing, publishing, transmitting, assigning them to any third party, exploiting them for commercial purposes, reproducing them. , copy or modify them without the express permission of Twopik Pwogwam. In particular, any extraction or reuse of data contained in the Mobile Application, beyond its normal use is strictly prohibited for any User and is subject to the express prior authorization of Twopik Pwogwam.
10.2 Right of use of the Mobile Application by the User
The User only has a strictly personal, non-exclusive and non-transferable right of use of the Mobile Application. Any other use is subject to the prior express authorization of Twopik Pwogwam.
Any reproduction, representation or distribution, including the addition to it of new functions or the making of modifications to it that would alter its functioning, by any means whatsoever and on any medium whatsoever, is expressly prohibited. , with the sole exception of the right to reproduce for storage for the purposes of representation for backup copy or printing on paper in one copy, on condition that the integrity of the documents is respected.
The right to use the Mobile Application granted under these T & Cs may be terminated at any time by the User by uninstalling the Application and eliminating all copies of the Mobile Application on his devices or by the termination hereof in accordance with the terms of article 10.
As part of the performance of its services, DysphoToSpeech may collect personal data relating in particular to the population of natural persons who use the daily application and for how long.
In accordance with the provisions of law n ° 78-17 of January 6, 1978, amended by law n ° 2004-801 of August 6, 2004, relating to data processing, files and freedoms and Data Protection of January 6, 1978, the automated processing of personal data made from the Mobile Application and the Websites has been declared to the National Commission for Computing and Liberties (CNIL n ° 2097760)
In application of Law 78-17 of January 6, 1978 and European Regulation 20116/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( RGPD), the personal data that will be kept in this automated file which is under the responsibility of DysphoToSpeech, will be used for the sole purpose of enabling the provision and proper execution of the services offered.
The collection of anonymous usage data collected through the DysphoToSpeech Service is necessary for the proper functioning of the Service.
Twopik Pwogwam stores anonymous Usage Data in such a way as to allow their integrity to be respected during the time necessary for the performance and provision of the proposed Service and in accordance with the retention periods imposed by the legislation in force.
11.2 Twopik Pwogwam's obligations under GDPR legislation:
Twopik Pwogwam undertakes to process said personal data in compliance with these regulations, and in this regard, undertakes to:
- Collect and process personal data only in accordance with the express instructions of the User and for the purposes related to the purpose of the services offered via the Mobile Application.
- Preserve the security, integrity and confidentiality of personal data as soon as it collects or stores it as part of the performance of the Services.
- Do not communicate personal data to any third party whatsoever, except third parties to whom it is strictly necessary to transmit personal data in the performance of the services offered; The personal data thus collected may thus be transmitted to Twopik Pwogwam Staff as well as to any third party responsible for participating in the establishment, implementation or monitoring of the Service (staff, partners and / or subcontractors). Twopik Pwogwam Staff members as well as third parties designated by the latter, will have access to and may use the personal data collected for the sole purpose of providing the Service offered.
In any case, personal data will not be transferred to other third parties, whether free of charge or for a fee, without the authorization of the User, with the exception of the cases provided for in Article 10 of present which provides that the data allowing the identification of the User may be transmitted to the beneficiaries by court order.
- Do not transfer personal data outside the territory of the European Union, except to third countries with an adequate level of protection within the meaning of the supervisory authorities or to a subcontractor authorized by the User and signatory of the standard contractual clauses issued by the European authorities;
- Put in place any data security system that would be required either because of an impact analysis carried out by the User as data controller or because of specific legislation requiring the use of specific methods of data retention.
- Alert the User without delay in the event of violation, loss or unauthorized disclosure of personal data collected in the context of the use of the Services, in order to allow the User to alert the persons concerned and to comply to its obligations within the meaning of the aforementioned regulations.
Twopik Pwogwam refrains in any case from reproducing, exploiting or using the personal data collected during its services for its own purposes or on behalf of third parties, and undertakes to modify or delete, either at the request of the '' User, either at the request of a data subject, and in any event upon the completion of the purpose pursued and the performance of his services, any personal data collected on the occasion or for the purposes of performance of said services.
Any User can send a complaint about respect for privacy or any question about the information collected and processed by Twopik Pwogwam to the following email address: email@example.com
11.3 Nature of the information collected
When subscribing to and using the Service, Twopik Pwogwam only collects and stores certain information, namely: First name, Last name (only the Initial will appear on the profile), Postcode, photo, Email (this one will not appear on the profile sheets), chosen password, telephone number (this one will not appear on the profile sheets), number of children, First name of the child (s), age of the child (s) , school / nursery or any other establishment attended by the child (ren), photo of the child (optional),
If the User has identified himself via his Facebook profile, then Twopik Pwogwam will be able to access his username and profile.
11.4 Right of access, rectification and deletion of personal data
Any User has the right to access, rectify or oppose the processing of any data concerning him that is not essential for the purpose of the collection.
In accordance with articles 39 and following of the law n ° 78-17 of January 6, 1978, modified by the law n ° 2004-801 of August 6, 2004, and with the legislation relating to data processing, files and freedoms, and to European Regulation 20116/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), any person can obtain communication and, if necessary , rectification or deletion of information concerning him, by sending an email to the contact address firstname.lastname@example.org.
For this purpose, within the computer records of Twopik Pwogwam may be kept the name or first name, email address, password, IP address of the User, the brand and model of the device, mobile operator, the exact date and time of publication of the information and content transmitted via the Mobile Application.
In order to improve the Twopik Pwogwam Service in terms of system performance and ease of use, as well as to provide useful information on products and services, information may be automatically collected and maintained in registry files ( log files) from the computers or terminals used.
This includes non-personal data such as IP address, browser type, selected language, operating system, Internet service provider (ISP) as well as date and time. This information is used globally to improve the management of the Mobile Application, analyze trends and collect demographic data on Users.
If non-personal information is used in combination with Personal Data, the whole will be treated as Personal Data and will therefore be treated in accordance with this article 11.
Likewise, in order to optimize the services of Twopik Pwogwam, messages sent by e-mail, online services, advertisements and interactive applications may use “cookies” or “anonymous identifiers” of users (in relation to concerns the Websites).
What are cookies ?
A cookie is a small file, usually formed by letters and numbers, sent by our web server or the Mobile Application to a cookie file in the User's browser. This allows Twopik Pwogwam to remember the presence of a User when establishing a new connection between the Twopik Pwogwam server and the User's browser. The main purpose of a cookie is to allow the Twopik Pwogwam server to present personalized web pages that can make the consultation of the Service an individual experience and adjusted to personal preferences.
What are identifiers or probes?
An anonymous identifier is a string of random characters that is used for the same purpose as cookies on platforms where cookie technology is not available, this includes certain types of mobile devices as well as installed applications.
11.6 User obligations
It is recalled that it is up to the User to obtain any necessary consent from the natural persons concerned, in correlation with the comments and publications of any kind that he dispenses on the application.
In addition, the persons concerned by the publications or comments of a User have the rights of access, rectification, erasure, limitation, portability and opposition to their personal data, and can at any time revoke consents to treatment. The persons concerned will be likely to assert their rights directly with the Users, who undertake, if necessary, to transmit them to POPMOMS so that these requests are processed as soon as possible, by sending an email to the following email address : email@example.com
ARTICLE 12: APPLICABLE LEGISLATION - DISPUTES – LANGUAGE
The conclusion, interpretation and validity of these T & Cs and all of the resulting contracts and their consequences are subject to the French Law and Regulations in force, to the exclusion of any other legislation, regardless of nationality. of the User, this is the case for the substantive and formal rules.
In the absence of an amicable agreement between the parties and in the event of failure of the talks, the parties will resume their entire freedom and their dispute will be brought before the Commercial Court of Nanterre.
In particular, in application of Regulation No. 524/2013 relating to the online settlement of consumer disputes, the Customer is informed that any dispute arising from these general conditions may be brought before the online dispute settlement platform accessible via the following link: http://ec.europa.eu/consumers/odr/ from February 15, 2016.
By express agreement, in the absence of an amicable agreement, the courts of the jurisdiction of the head office of Twopik Pwogwam will be solely competent for any dispute or dispute relating in particular, but not exclusively to the formation, interpretation, execution, or non-performance, termination hereof, notwithstanding plurality of defendants or call in guarantee, even for conservatory proceedings, in summary proceedings or by request.
In case of difficulty of interpretation, the French language version of these T & Cs prevails over any other version which would be translated into another language.
ARTICLE 14: CANCELLATION AND INEFFICIENCY OF THE CLAUSES
The nullity or impossibility of implementation of any of the clauses of these T & Cs, if it does not significantly call into question the contractual balance, will only affect the clause concerned and will not result in the cancellation of the these T & Cs.
The User agrees to carefully read the content of this document which includes the General Conditions of Use of the Service, and expressly and unreservedly accepts all the rules and obligations set out therein.