This agreement, entered between you, hereinafter referred to as the "User" and Vision 360 Degres, hereinafter referred to as the "Company", shall govern the use of this application, hereinafter referred to as the "Software" or the "Service". This agreement shall be the governing frame for the relations between the user and the company. If you are older than 13 and you wish to accept these terms, please click on "Accept". If you are younger than 13 and/or you wish not to accept these terms, please do not click on "Accept" nor use the software. This agreement shall apply notwithstanding any software licence that might have been agreed upon otherwise, especially for the use of your smartphone.
The Software is aiming at measuring the service quality of mobile networks for data and voice functions. For this purpose the Software records via certain Applications installed on the telecommunication device data and counters stemming from data exchange between the telecommunication mobile device on which these Applications are installed and the different components of the wireless networks it is connected to.
Several data related to the use of the mobile device or to the tracking of the User during the use of the mobile device, or through networks reference points shall be transmitted to the Company and operated so as to measure the network service quality.
The Company shall save the right to disable or uninstall the Software without prejudice to the User.
The Software shall be accessed to only by people aged over 13. If you are older than 13, but younger than 18, you shall read this Agreement with your parents or your tutor and ensure you and your parents or your tutor understand it.
The use of the Service requires a compatible mobile device as well as a mobile Internet access and a SMS package; the Software might periodically require updates and might be affected by the performance of these elements. The last released version of the Software is recommended to access the Service and might be required to perform some operations or use some features. The User accepts expressly that such technical requirements which might vary over time come under its own liability and undertakes to perform a systematic update of the downloaded application. The Service is no element or part of any other product or offer; no purchase or acquisition whatsoever shall be construed as providing or ensuring the access to the Service.
Data collected by the Software shall be used as anonymous data and shall be transmitted to the Company with the sole indication of a unique random number generated by the app. The Company undertakes not to transmit the User's personal data to third parties and to make ist best efforts so as to prevent their diffusion, unless express authorization from the User. The Company shall save its right to sue any person attempting to access personal data.
The Company has no specific obligation to provide the data attached to a User's specific account, even upon request from this User, except to the competent authorities under judicial inquiry.
PERSONAL DATA PROTECTION
a. The Company declares, which the User accepts expressly, that the data collected by the Software are processed so as to constitute files to be operated by the Company. Among the collected data may be the elements listed above, including, but not limited to GPS positioning data and the CI/LAC mobile cell numbers.
b. To this extent, the User acknowledges having been informed with (i) his rights of access, opposition, correction and removal concerning the data collected by the Software that shall be exercised on the following e-mail address [firstname.lastname@example.org] and (ii) the Company's obligations regarding the security and the confidentiality of the processed data.
c. Besides, the User acknowledges having been informed and accepts expressly that the data collected by the Software shall include its GPS positioning.
d. Finally, the User acknowledges having been informed and expressly accepts that the data collected by the Software shall be transferred, hosted and processed on the French territory where the constituted database has been declared by the Company to the Commission Nationale de l'Informatique et des Libertés (CNIL). In case the Company is located outside from France, the User expressly accepts that the data transferred, hosted and processed in France shall be transferred back to the regarded country.
The Company informs the User that whenever they use the Service, in case of an error or crash in the app, the Company collects data and information (through third party products) that constitute crash logs. This crash log data may include information such as the User's device model, brand, operating system version, date and time of the crash, unique random numbers generated by the app, the Software version, exception stacktrace and other statistics. The crash log data is used solely by the Company in an effort of optimizing and improving the Software and is never transmitted to third parties.
The Company shall save the right to modify without prior notice the content options (including, but not limited to, the access to specific features).
The User accepts expressly not to violate, bypass, extract or modify the source code, perform partial or total reverse engineering, decompile, disassemble or alter in any way whatsoever any part of the security device of the Service, modify, lend, sell, distribute or create works deriving from or inspired by the Service, nor attempt to nor assist any person to. The rules of use might be controlled and monitored by the Company for the purpose of compliance, and the Company shall save its right to apply the rules of use without prior notice.
In case one or several disposition(s) of this Agreement or of any other document drawn by the Company is(are) violated, the Company shall save its right to terminate or limit without prior notice and at will the use or the access to the Service.
In addition to the punishments agreed upon here before, the Company might decide of the required punishments including, but not limited to, civil and criminal proceedings against the offending User.
The User accepts expressly not to access the Service by any means but the Software provided by the Company or partner companies. The User accepts expressly not to modify the Software provided by the Company to access the Service by any way or mean whatsoever, and not to use modified versions of the Software for any reason whatsoever including, but not limited to, access illegally the Service. Any violation of the system's or the network's security may come under the User's liability.
Furthermore, the Company guarantees that the Software as well as any software directly or indirectly linked to the Software, provided by the Company and installed on the User's mobile device is free from viruses, worms, Trojans or any malicious electronic feature.
The User accepts expressly that the Service including, but not limited to, the products, the graphics, the User interface and the scripts and softwares used to implement the Service, includes information and elements belonging to the Company and/or its licensors protected by French and international rules related with intellectual property and other rights among which copyright. The User accepts expressly not to use these information and elements outside the use of the Service, pursuant to the stipulations of this Agreement. No part of the Service shall be replicated in any form whatsoever except under the conditions agreed upon in this Agreement. The User undertakes not to modify, lend, lease, rent, sell, distribute or create works deriving from or inspired by the Service and not to operate the Service in an unauthorized manner, including, but not limited to, impairing or overloading the network's capacity.
Notwithstanding any other stipulation of this Agreement, the Company and its licensors shall save their right to modify, hang, remove or inactivate without prior notice the access to any product, content or any other element provided by the Service. The Company shall under no circumstances be held responsible for such modifications. The Company shall also impose limits to the use of or access to some Service parts or features without prior notice or responsibility in any case.
The use of any part of the Service, except the use of the Service under this Agreement, is strictly prohibited and shall constitute a violation of third parties' intellectual property rights and might make the User subject to civil and criminal punishments including but not limited to damages for copyright violation.
GUARANTEES EXCLUSIONS; RESPONSIBILITY LIMITATION
a. The Company shall provide the Service promptly and as could reasonably be expected from an IT service provider and shall make its best efforts to ensure an effective operation of the Service 24 hours a day, 7 days a week. However, the Company is bound to as best efforts obligation concerning the access to and the use of the Service and does not grant any other guarantee or undertaking concerning the Service; the Company does not guarantee that:
(i) the use of the Service by the User will be uninterrupted and error free. The User accepts expressly that the Company may occasionally hold the access to the Service during periods of time not agreed upon before or terminate the Service for technical or operational reasons among which servicing, test, repair or any other reason related to the improvement and the operation of the Service; as far as possible, the User will be given prior notice.
(ii) the Service shall be away from loss, damages, attacks, viruses, interferences, hacking or any other security damages, which shall all constitute Force Majeure events and the Company shall under no circumstances be held responsible for any harmful consequences stemming from them. The User is responsible for its own system backup, including, but not limited to any files stored in its system.
b. The Company, its management, executives, employees, affiliated members, agents, contractors or licensors shall under no circumstances be held responsible for any loss or damage caused by the Company, its employees or agents.
c. The Company shall make its best efforts so as to protect the information provided by the User in relation with the Service, including against fraudulent use.
d. In case the User breaches this Agreement, it shall be held responsible towards the Company, its management, executives, employees, affiliated members, agents, contractors or licensors under any claim resulting from its breach. It shall also be held responsible for any claim of the Company regarding a presumed breach of this Agreement or stemming from the discovery or the conclusion that such a breach of this Agreement has been performed.
e. The User acknowledges that:
- The Service and its content are provided "as is".
- The Service and its content are used under the sole and only responsibility of the User and at its own risk. As for young Users, the responsibility shall be their legal representative's.
- The Company shall under no circumstances be held responsible in case the Service is not used pursuant to this Agreement. The Company shall under no circumstances be held responsible for direct and indirect damages, profits or data losses, stemming from the use or unuse of the Service, from negligence of from any reason attached to the Service.
- No communication between the Company and the User, either oral or written, shall lead to any guarantee not agreed upon in this Agreement.
- The Company shall under no circumstances be held responsible for the User's mistakes or omissions.
- The Company shall under no circumstances be bound to repay the User any amount whatsoever in case of a Service failure.
f. Similarly, as for links stemming from Internet webpages or websites and leading to the Service not ruled by the Company, or links included in the Service and leading to Internet webpages or websites governed and edited by third parties, the Company shall under no circumstances be held responsible for their content in case the third parties governing and/or editing these contents do not comply with French, European or international regulations.
g. Some countries do not authorize guarantee limitations and/or exclusions, so that the guarantee limitations and/or exclusions may not apply to the User. No information or indication whatsoever received by the User from the Company, either vocal or written, shall alter the guarantee limitations and/or exclusions nor shall enable the User to benefit from a guarantee.
The Company shall save its right to change this Agreement at any moment and to offer new or additional conditions concerning the use of the Service. These modifications and additional conditions shall be transmitted to the User and, in case it accepts them, shall become effective immediately and shall be integrated in this Agreement. In case the User refuses the said modifications, the Company shall terminate this Agreement.
The User acknowledges that the use of the Service after having been informed with the modifications, additions and/or deletions shall deem the User's acceptance of these modifications, additions and/or deletions.
This Agreement constitutes the entirety of the agreement between the User and the Company and shall govern the use of the Service; it overrides and replaces any previous agreement between the User and the Company concerning the use of the Software as well as the softwares and services attached to it. The User shall be subject to additional stipulations applicable in case of use of associated services, contents or softwares provided by third parties. In case a stipulation of this Agreement is deemed invalid or unenforceable, this stipulation shall be construed and enforced in accordance with the laws of the Republic of France so as to meet the common intention of the parties, and its invalidity or unenforceability shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. No failure or delay on the part of the Company in exercising its rights under this Agreement shall be construed to be a waiver of any rights under this Agreement and any such waiver shall not prevent the subsequent enforcement of that right. The Company shall under no circumstances be held responsible for the impossibility to perform its obligations due to reasons beyond its will and control.