Article 1 – Terms and Conditions jurisdiction and definitions
The below listed words define :
Mobile application, mobile app or app : the mobile application and all its screens.
Publisher : the legal or natural person responsible for editing and publishing content on the app.
User : the person using the app.
Article 2 – App purpose
The app is published by Bio Force SAS. The use of the app implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. This acceptance will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the publisher automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint. The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
Article 3 – App member account
The registered user on the app has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the user can ask for a generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the publisher will not be held liable for unauthorized access to a user account.The publisher reserves the exclusive right to delete the account of any user who may have breached these Terms and Conditions, including but not limited to the following cases : the user has knowingly provided false information during his or her registration and the creation of an account the user has been inactive on the app for at least a year. Said deletion cannot be considered harmful to the excluded user, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it. Members are free to delete their account on the app. In order to do so, the member can send an e-mail to the app publisher stating that he or she wants to delete the account. No data recovery is possible after account deletion.
Article 4 – Publisher waiver of responsibility
Failure to access the app is not considered harmful to the users, and will not result in any right to any kind of compensation. The hypertext links on the current app may refer to other apps or sites and the responsibility of the publisher of the current app can not be engaged if the content of these sites and apps contravenes the laws. The current app publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites or apps.
Article 5 – Intellectual property rights relating to information published on the app
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the app and material on the app. Any member found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 6 – Brands
Trademarks and logos appearing within the app are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweaving, distribution and reruns incurs to penalties.
Article 7 – Limitation of Liability
The publisher, especially in the app sales process, is bound by an obligation of means; he or she can not be held liable for damages resulting from the use of the app such as data loss, hacking, viruses, failure in service, or other. The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to disasters caused by floods or fires.The user expressly agrees to use the app at his or her own risk and under his or her sole responsibility. The app provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will not be liable for :any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this app or conversely the inability to use it-any malfunction, impossibility of access, misuse, improper configuration of the user’s device, or for the use by the user of an unusual or obsolete device the advertisements content and other links or external sources the user may access through the app.
Article 8 – App Internet accessibility
The publisher cannot be liable for any technical hinderance of the connection, including but not limited to hinderance due to a force majeure event, a maintenance, an update, an intervention by the hosting company, an internal or external strike, a networkoutage, a power failure, or a bad setup or operation of the user device.
Article 9 – Miscellaneous
The Terms and Conditions applicable to the user are those in effect on the date of the connection to the app. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests. Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
Article 10 – Terms and Conditions framework
Article 11- Notice
Article 12 – Claims
Any claim or cause of action the user may have with respect to his or her use of this app, its pages or screens, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be initiated within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.
Article 13 – Inaccuracies
Article 14 – End User License Agreement
The App is licensed, not sold to the user, and that he or she may use the Service only as set forth in this Agreement;
The use of the Service may be subject to separate third party terms of service and fees;
The App requires access to the following services: Internet to connect to the users account and to synchronize the data between the local account and Cloud Account Services.