Terms of service
The purpose of these general terms and conditions of use (hereafter the “TOS”) is to define the terms and conditions of access and use of the App – as defined below – made available by the company BODYGUARD, a simplified joint stock company with a capital of 1243.53 euros, whose registered office is at Villa Clair Matin, 2 rue Blasco Ibanez 06100 NICE, registered with the Nice Trade and Companies Register under number 840 708 382, and represented by Mr Charles COHEN, its President, (hereafter “BODYGUARD”), as well as the rights and obligations of Users in this context.
ARTICLE 1 – DEFINITIONS
The following terms, whether used in the singular or plural, shall always have the following definition:
Application: means the BODYGUARD mobile application developed and published by BODYGUARD, which is the exclusive property of BODYGUARD, allowing Users to access the Services;
Account: Refers to the account created by each User at the time of registration on the Application, in accordance with the procedure described in Article 4.2 of these TOS, and from which the User can access the Services;
Content: Refers to the content published by visitors on the User’s Pages;
Pages: designates the page managed by the User on a social network on which visitors can react by publishing Content;
Services: Refers to all the services provided by the Application;
User: Refers to any natural person who has fulfilled the conditions of access to the Services and is, as such, entitled to access and navigate on the Application and thus benefit from the Services.
ARTICLE 2 – DESCRIPTION OF THE APPLICATION
BODYGUARD has developed an Application designed to perform an automatic moderation of Content published by a visitor on the User Page. The Application analyses in real time the Content transmitted by the User in order to moderate it according to the parameters chosen by the User on his Account.
The Application is available on smartphone and tablet, to any natural person of legal age and capacity, having the status of a consumer as defined by law and case law, regardless of where he is located and how he can access it.
Minors may also use the application subject to the agreement and supervision of their legal representatives for minors under 15 years of age.
ARTICLE 3 – ACCEPTANCE OF TOS
The TOS constitute a contract between the User and BODYGUARD. Access to the Application is subject to the User’s express and unreserved acceptance of the TOS. Failure to accept the TOS will make it impossible for the User to access and use the Application.
The User has a link to the TOS, he is then invited to click on it and unroll it. By validating the registration, the User acknowledges having read and accepted the TOS.
BODYGUARD reserves the right to modify and/or update the TOS at any time without notice. Access to and use of the Application shall be subject to the TOS in force at the time of such access and use. The User is therefore expressly informed that the only version of the TOS that is authentic is the one that is online at the time of use of the Application by the User. The TOS are available at all times on the Application, in their settings.
In the event that one of the clauses of the Terms and Conditions is invalid due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the Terms and Conditions.
ARTICLE 4 – CONDITIONS OF ACCESS TO THE APPLICATION
4.1 Technical prerequisites
Access to the Application requires that the User has a smartphone or tablet with a high-speed internet connection and a web browser.
The User’s smartphone or tablet must have an operating system that is up to date with the version specified on the Application download page. The software version of the Application may be updated to add new features and services. The future version of the operating system that may be required for the update will be specified in the Application update page.
All costs relating to access to the Application and its use, whether they be material costs, software or internet access costs, are exclusively borne by the User. The User is solely responsible for the proper functioning and appropriate security of his computer equipment and internet access.
The User must have set up his smartphone or tablet to authorize the Application to access the Contents of the Page.
4.2 Access and configuration of the Application
The use of the Application requires the User to download the Application from the Apple Store or Google Play Store platform depending on the operating system of his smartphone or tablet.
The User must then create an Account through the User’s connection to his or her social network account whose Content he or she wishes to moderate.
The User is responsible for maintaining the confidentiality of the login credentials he or she uses to register with BODYGUARD, and is solely responsible for all activities that occur under those credentials. If the User believes that someone has gained access to his or her account, the User should contact firstname.lastname@example.org immediately.
Once the User has access to the Application via his Account, he can set up the moderation of the Content performed by BODYGUARD.
4.3 Availability of the Application
The Application is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of major force or an event beyond the control of BODYGUARD and unless interrupted, suspended or limited in the context of maintenance operations and/or updates necessary for the proper functioning of the Application. BODYGUARD is only bound by an obligation of means concerning the accessibility, operation and availability of the Application. BODYGUARD reserves the right to interrupt, suspend or limit access to all or part of the Application, in particular due to legal or technical constraints. The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without notice and that they shall not give rise to any obligation or compensation for the User.
ARTICLE 5 – PROPER USE OF THE APPLICATION
Any violation of these TOS authorises BODYGUARD to deny the User who has committed the violation in question access to the Services provided on the Application, and to close any User Account that allows access to the Services, without prejudice to any compensation that BODYGUARD may claim from the User who has committed the violation in question.
In this respect, it is strictly forbidden to use the Services for the following purposes:
- engaging in illegal activities, fraudulent or that infringe the rights or security of Third Parties,
- breach of public order or violation of the laws and regulations in force,
- Intrusion into a third party’s computer system or any activity that could harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
- the sending of unsolicited emails and/or commercial prospecting or solicitation,
- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that diverts the Services to purposes other than those for which they were designed.
The following are also strictly prohibited:
- any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services,
- any intrusion or attempted intrusion into BODYGUARD’s systems
- any diversion of system resources from the Application,
- any action likely to impose a disproportionate burden on the infrastructure of the Application,
- any breach of security and authentication measures,
- any act likely to harm the financial, commercial or moral rights and interests of BODYGUARD
- and more generally any breach of these TOS.
ARTICLE 6 – WARRANTIES
BODYGUARD is committed to doing everything possible to ensure the physical and logical security of the servers on which the Application and the Content are hosted against any external malicious act or any known computer attack. The servers are protected against intrusions by a firewall. Security updates of the operating systems and anti-virus software are installed regularly.
BODYGUARD makes no other expressed or implied warranties, including, without limitation, as to the non-infringement of third party rights, the continuity, performance and/or durability of the Application, and/or as to the fitness for a particular purpose or the suitability of the Application for the User’s needs, nor does BODYGUARD warrant that the Application is free from defects, errors or bugs or that it will operate without failure or interruption. The Application is distributed “as is” and according to its availability.
Access to the Application implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. BODYGUARD does not guarantee that the Application or its servers will at all times be free of viruses, worms, Trojan horses or any other component that may cause damage. It is up to the User to take all appropriate measures to protect his or her own data and/or software stored on his or her computer, smartphone or tablet against any attack.
ARTICLE 7 – RESPONSIBILITIES
Access to and use of the Application is the sole responsibility of the User. The User is the sole master of the proper use, with discernment and wit, of the Application.
No advice or information, whether oral or written, obtained by the User during the use of the Application is likely to create guarantees not expressly provided for in the TOS or to entail the liability of BODYGUARD in the event of damage, of any nature whatsoever, caused to the User, to third parties as a result of the misuse by the User of the Application, in violation of the provisions of this article and more generally of the non-compliance with the TOS.
To the fullest extent permitted by applicable law, BODYGUARD expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Application, its use, its malfunction or unavailability whatever its nature and duration.
The User acknowledges that BODYGUARD remains free to correct and/or modify the Application at any time and without prior notice, without such correction and/or modification giving rise to any recourse on its part.
BODYGUARD may not be held liable, in a general manner, in all cases where the non-execution or poor execution of the TOS results from a case of major force fortuitous event beyond its control.
ARTICLE 8 – LICENSE
8.1. Scope of rights granted
BODYGUARD grants to the User who accepts it a non-exclusive, non-transferable and non-assignable license to use the Application, for the duration of use of the Application and in territories throughout the world (hereafter the “License”) in order to allow the User to access the Services.
8.2 Restrictions on use
The User expressly forbids himself/herself from any other act of use or exploitation of the Application, and in particular :
- Making any copy of all or part of the software solutions composing the Application;
- Reproduce in a permanent or temporary manner the Application made available, in whole or in part, by any means and in any form, including during the loading, display, execution or storage of the Application;
- reverse engineer, decompile or disassemble the Application, the computer program(s) and software solution(s), except as expressly authorized by the legislation in force;
- Modify, alter, adapt or make any change of any nature whatsoever to the presentation and content of the Application, the computer program(s) and software solution(s), brand name, trade name, logos etc. affixed to the Application, its presentation,
- Not to delete the identification and ownership of the Application, in particular the names of the contributors;
- Translate, adapt, arrange or modify all or part of the Application, export it, merge it with other computer applications;
- Rent, lend, use the computer program(s) and software solution(s) composing the Application in order to share them or to make them available to third parties who are not authorized users, in the context of timesharing or contract processing centers;
- Publish, except with the prior written consent of BODYGUARD, any performance or evaluation test or analysis relating to the Application.
In the event that the User intends to use the Application for purposes other than those set out herein, the User shall notify BODYGUARD in writing and BODYGUARD may, at its sole discretion, refuse or authorise such use on such terms and conditions as it shall determine.
ARTICLE 9 -INTELLECTUAL PROPERTY
All graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds, logos, as well as any computer applications distributed by BODYGUARD on the Application are protected by the laws in force with respect to intellectual property (hereafter the “Elements”). Under no circumstances may they be used, reproduced, imitated or adapted without the prior written authorisation of BODYGUARD.
Failure to comply with these provisions may result in BODYGUARD taking civil and/or criminal proceedings against the User on the grounds of counterfeiting.
BODYGUARD’s failure to take legal action immediately upon becoming aware of such unauthorised use shall not constitute acceptance of such unauthorised use, nor shall it constitute a waiver of the right to take legal action.
In addition to what is indicated herein, the User acknowledges and accepts that access to the Application shall not entail any assignment or concession of intellectual property rights (in particular, rights to trademarks, software or copyright) for his or her benefit.
ARTICLE 10 – PERSONAL DATA
BODYGUARD is concerned about the protection of Users’ personal data and is committed to protecting them in accordance with the applicable regulations and in particular Regulation (EU) No 2016/679 of 27 April 2016 known as the “General Data Protection Regulation” or “GDPR” and Law No. 78-17 of 6 January 1978 as amended, known as the “Data Protection and Freedom Law”.
ARTICLE 11 – DURATION, SUSPENSION AND TERMINATION
The TOS come into force as of their acceptance by the User and for the entire duration of access and use of the Application by the User.
The User is free to uninstall the Application at any time by following the procedure indicated on his smartphone or tablet.
In the event that the use of the Application by the User not in compliance with the TOS, in the event of a breach by the User of the TOS, or more generally in the event of a breach of applicable laws and regulations, BODYGUARD may suspend or terminate by operation of law, without prior notice or compensation, all or part of the User’s access to the Application. BODYGUARD may suspend or terminate such suspension or termination without prejudice to any other rights, actions and remedies that BODYGUARD may have for the purpose of compensating for any damages it may have suffered as a result of such breaches. Upon termination of the TOS for any reason whatsoever, the User’s access will be disabled.
ARTICLE 12 – LITIGATION AND JURISDICTION
These TOS are subject to French law.
In the event of a breach of the obligations described in these TOS against either of the Parties, the Parties shall endeavour to find an amicable solution to their dispute before any referral to the competent court.
Failing this, all disputes relating to these GCU shall be brought to the attention of the court with material and territorial jurisdiction.