Terms of service
Article 1.- Definitions
The term "Service" refers to the service TIGER APP CREATOR, utilized by the User to serve Clients, accessible by mobile phone, of which the functionalities are chosen and managed by the User through the site www.tigerappcreator.com.
"User" refers to the person who subscribes to the Service.
"Client(s)" refers to the clients of the User, for whom the Service is intended.
Article 2.- Scope
The present general terms and conditions (hereafter referred to as "General Conditions") are set down to define the conditions of access, definition and use of the Service provided by the company XTRABALL, a simplified joint stock company with a capital of 58,000 euros, registered with the Toulouse Trade Registry under the reference 751 984 360.
Article 3.- Duration – Choice of payment terms
3.1. The duration of the subscription to the Service by the User has effect from the date that the service is activated – for which the User will be notified vie electronic mail – and for the duration that the User chose upon subscription.
3.2. The User chooses the duration and terms of payment for the Service upon subscription. The duration and terms thus chosen by the User, and the contractual conditions associated with these, are an integral part of the General Conditions.
Article 4.- Conditions for access to the Service
4.1. The User is necessarily a professional, whether acting as natural or legal person.
4.2. The User acknowledges having had the time, information, documents and guidance necessary to verify that the Service corresponds to his needs. Consequently, XTRABALL cannot be held responsible for any unsuitability of the Service to the aforementioned needs.
4.3. The User subscribes to, creates and handles the Service on the website www.tigerappcreator.com.
4.4. The validation of the subscription to the Service implies unconditional acceptance of the General Conditions.
4.5. The Clients can use the Service created by the User exclusively on their mobile devices, either with mobile phones using web-type mobile solutions (web application/mobile site) or with native applications.
4.6. Following the on-line subscription to the Service, XTRABALL issues a personal confidential access code to each User, composed of a user identification code and a password enabling the User to authenticate himself and thus access the service.
The user identification and password will be sent to the electronic address of each User, as it is indicated in the on-line subscription form of the Service.
The safeguarding of user identification and password information is under the sole responsibility of the User, who must take any measures necessary to keep third parties from knowing or using them in any way and under any circumstances. The User agrees to immediately inform XTRABALL of any use by an unauthorized third party.
In case the password and/or user identification is forgotten, the User must follow the procedures to reset them on the authentication page of the website www.tigerappcreator.com.
4.7. When a User subscribes to and defines the Service, the Company must necessarily submit it to the mobile application access providers ("Access Providers") to have it validated by them. The User is informed that the Access Providers can deny that the Service be released for reasons of the content of the Software defined by the User. The User agrees to take any necessary measures to render the Service compatible with the prerequisites of the Access Providers. In case the online release of the Service is refused for reasons attributable to the Company, the latter must do the necessary to make the Service comply with the recommendations of the Access Providers. In any case, once the Service has been modified, if the Access Providers maintain their refusal to release the Service online, the contract will be terminated ipso jure with no further formality than the notice to the User that the Access Providers have refused to release the Service online. The aforementioned notice can be made by any means. If the refusal to release the Service online is the exclusive consequence of the User's action, and in particular for reasons of his refusal to modify the Service in accordance with the demands of the Access Providers, the amounts that were paid before the refusal occurred will be kept by the Company as a penalty clause. In the other cases, the amounts paid by the User under the terms of the Contract will be entirely refunded to him.
As soon as the Service is validated by the Access Providers, the Company will inform the User of the release of the Service, by electronic mail and as soon as possible.
Article 5.- Service functionalities
The Service enables the User to establish customer loyalty and product promotion systems.
The service enables the Clients of the User to do the following, in an unlimited way, from their mobile phones:
to use a dematerialized customer loyalty card on his mobile phone;
to access discount offers;
to keep up with news of the User;
to receive promotional or other types of messages from the User in push mode;
to participate in social games organized by the User;
to view the User' products;
to quickly geolocalize the User's premises.
The service enables Users to do the following, from the site www.tigerappcreator.com:
to create mobile applications for devices equipped with the IOS and Android operating systems;
to create mobile sites for devices equipped with a web browser;
to choose among the Service visuals offered and developed by XTRABALL, and to adapt the chosen visual to his business;
to target Clients in order to offer them special rebates;
to launch social games;
to manage several points of sale;
to manage and update the Service and Client information;
to access promotional elements related to his Service (A3 posters, POSA, etc.)
These lists are not exhaustive and are subject to be developed according to the needs of the market, Users and Clients as identified by XTRABALL.
Article 6.- Service management
Upon his subscription to the Service on the site www.tigerappcreator.com, the User chooses the functionalities of the Service that he wishes to use, and his ergonomics.
At any time, he may modify, delete or update the functionalities, by accessing the site www.tigerappcreator.com with his access codes, and in the limits of the automatic updates define in this page: http://support.tigerappcreator.com/customer/portal/articles/1136180-is-it-possible-to-edit-the-content-after-the-app-is-published- . The functionalities are subject to change at any time, which the User accepts.
Article 7.- Conditions of Service provision
7.1. XTRABALL agrees to do everything possible to allow access to the site www.tigerappcreator.com and to the Service, 24 hours a day and 7 days a week. However, XTRABALL cannot guarantee the aforementioned access in case of an act of God, system failures or maintenance interventions that are necessary to the functioning of the aforementioned site and Service; any of these can occur without warning and give no right to compensation.
7.2. The User subscribed to the Service because it offers the particular functionalities adapted to his needs. XTRABALL is mindful to adapt its Service to the continuing needs of its Users and their Clients, and will complete, extend and modify the Service, whether regarding its content, functionalities or appearance, in order to fulfill the aforementioned demands. In the same way as mentioned above, the interruption of the Service following the aforementioned modifications will occur without warning and will give the User no right to compensation.
7.3. If the User chooses to publish his app under his own developer accounts for submitting apps to the Access Providers, the User must provide valid developer accounts, and for which the fees due to the Access Providers are up to date.
7.4. If the User chooses to subscribe at the Premium Plan (or « Unlimited Plan »), the publication of his mobile applications at the Access Providers can only be done through only one developer account for submitting app to the Access Providers, during all the User membership.
7.5. If the User chooses to subscribe at the Premium Plan (or « Unlimited Plan »), the publication of his mobile applications at the Access Providers done by the Company, can only be done for a maximum of 50 mobile applications per month. Beyond 50 mobile applications per month, the User will have to submit his mobile applications at the Access Providers by himself.
7.6 Delivery: Upon receipt of the User's order, we will publish the User's app(s) at the Access Providers. The completion of this publication process will constitute delivery to the User of the app(s) the User purchased. In case we are unable to publish the app(s) the User purchased the User will receive an email from us to complete the information to authorize the publication process of the app(s). The User must contact us within 5 days from the date of the User's order: if the User doesn't have received this email from us or the User's app(s) is/are not published at the Access Providers.
7.7 Refund policy: the User warrants that he inspected the Service, especially since the Service provides an unlimited free period for testing purposes, and that it is adequate to his needs. From the moment the app(s) is/are published at the Access Providers and accordingly, as the Service is intangible goods, the User shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Service contains material flaws. If the publication process hasn't been processed the User can ask for a full refund by sending his request to firstname.lastname@example.org with 5 days from the date of his order.
Article.- 8 Intellectual property and personal data
8.1. The General Conditions and the use of the Service does not convey to the User the property of any of the elements of the site www.tigerappcreator.com or of the Service made available to the User under the terms of the present agreement.
8.2. The content included or accessible on and/or through the site www.tigerappcreator.com and the Service, and in particular any text, graphics, logos, names, brands, descriptions, tabs, functionalities, images, sounds, data, photographs, visuals, and any other equipment or software remain the exclusive property of XTRABALL or of its partners, and are protected by the rights of intellectual property and subject to the laws and regulations applicable to these rights. The content of the site www.tigerappcreator.com and of the Service cannot, and must not under any circumstances be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, granted or exploited, fully or partially, in any way whatsoever, without the express, written agreement of XTRABALL.
8.3. XTRABALL grants the User the right to personal, non-exclusive, non-transferable use, purely for his own needs, under the conditions of the present agreement. This right is consented during the duration of utilization of the Service, and will conclude with its termination.
Article 9.- User's personal data
9.1. The data of the Users and the data collected during the use of the Service is hosted by XTRABALL or its subcontractors. This data is necessary for the access and use of the Service.
9.2. Any request for the correction or deletion of data thus collected must be made by registered letter with return receipt requested, addressed to XTRABALL 28 rue Jean Chaptal 31400 Toulouse France, or by electronic mail to email@example.com.
9.3. XTRABALL cannot be held responsible for the use of User or Client data by any person who has had access to it through no fault of its own.
The User agrees to respect the legal standards (in particular the provisions of the law n°78-17 of January 6, 1978 called the "Data protection and civil liberties law," modified by law n° 2 004-801 of August 6, 2004) establishing the framework for the communication of personal information of its Clients and any other person involved in the Service, and the use of this information, in particular concerning information of a directly or indirectly personal character. In view of the above, the Client agrees:
(a) that XTRABALL, as operator, cannot be held responsible in the case of the User's use of this information to other ends than those foreseen, admitted or tolerated by the regulations regarding data processing, files and civil liberties, as well as associated regulations;
(b) that the User will be held responsible for damages owed to XTRABALL, in the case where the obligations defined by the abovementioned regulations are not respected by the User: in this case, the User agrees to defend and compensate XTRABALL against any threat, proceedings or claims by third parties, legal or otherwise, with regard to the information transmitted and its use by the User.
In addition to this, in accordance with the stipulations of the present article, the User agrees to carry out the administrative declarations and procedures necessary and relevant to the regulations mentioned in the present article, for the information under his responsibility.
The information gathered during the use of the Service is intended for the User, to whom its exploitation is exclusively reserved.
Article 10.- User obligations
10.1. The User agrees:
- (a) to use the Service in accordance with the stipulations of the General Conditions and/or any specific instructions transmitted by XTRABALL and uniquely for his own needs;
- (b) to not use or authorize a third party to use the Service in order to transmit or receive elements or data of any kind, in breach of the laws and regulations in force, which would present a threatening, shocking or defamatory character or be contrary to public order and moral standards, or which would undermine confidentiality agreements, breach property rights, or undermine the rights of third parties;
- (c) to not transmit, whether intentionally or neglectfully, any element via the Service which could cause or could possibly cause damage of any type to the data processing systems of XTRABALL or to other Internet users;
- (d) to not insert links from his Service towards other websites without obtaining the express written authorization of XTRABALL.
10.2. The User agrees to cooperate with XTRABALL, and in particular to transmit the scope and nature of his needs, any information specifically concerning his organization, the specific hindrances that might affect the provision of the Service and its technical and data processing environment, and more generally any information that might allow or promote the provision of the Service.
10.3. In the case of modification of the User's data, the User agrees to immediately inform or confirm this to XTRABALL, in writing, so that XTRABALL can update the data.
10.4. The User declares acceptance of the characteristics and limitations of Internet, and acknowledges in particular:
- (a) using standard equipment and software and qualified personnel to enable the Service to function correctly;
- (b) understanding the nature of the Internet, and in particular its technical performance limits and the response times implied in consulting, inquiring or transmitting information;
- (c) that it is his responsibility to take every suitable measure to protect his own data and/or software from contamination by any potential virus spreading on the Internet.
10.5. The User agrees:
- (a) to regularly back up all the files or the installation of the software to which he has access;
- (b) to take the suitable measures to back up this data before modifying the Service, having understood and acknowledged that no copy of the User's data is made to the server.
10.6. The User agrees not to cause harm to the image of XTRABALL, either by the nature or through the promotion of his Service.
10.7. The User is responsible for the content and data supplied, edited or stocked on the Service. In this context, XTRABALL is under no obligation to inspect the content of the Service edited by the User, and consequently has no responsibility to this effect. The User irrevocably agrees to guarantee XTRABALL against any claim that might be brought against it in a court of law and to settle the potential expenses, fees and/or fines that it could be held liable for. The User agrees to immediately carry out any necessary modifications requested by XTRABALL related to the aforementioned claims.
Article 11.- Invoicing – bank information
11.1. The User acknowledges that his invoice will be sent to him via electronic mail or directly via the account of the site www.tigerappcreator.com. The invoice will be considered valid without the signature of XTRABALL.
11.2. The User is bound to settle the amounts due in exchange for the Use of the Service as they appear upon his subscription and renewals.
11.3. The User is bound to keep his bank information updated.
Article 12.- Access restrictions
In the case where the User breaches the General Conditions, his access to the Service will immediately be suspended, following the notification by electronic mail to the address indicated by the User, notwithstanding potential damages and interests that XTRABALL could demand of the User.
Article 13.- Responsibility
13.1. XTRABALL agrees to do its best to ensure the necessary means to provide the Service.
13.2. XTRABALL can only be held liable for issues attributed to its own fault, under the provisions established by the General Conditions. In this context, XTRABALL only answers for the direct, personal and certain harm caused by its own failing, expressly excluding the compensation of any indirect damages and/or harm. The Parties expressly agree that the damages not resulting directly and exclusively from the failure on the part of XTRABALL to carry out a contractual obligation, and in particular business losses, operating losses, data losses, turnover losses, profit losses, client losses, the loss of anticipated savings, lost earnings or increases in general expenses, will be considered indirect damages.
XTRABALL cannot be held liable under the terms of the present contract, except within the limit of an amount of damages and interests not exceeding the amount paid over the course of the year preceding the observation of the liability of XTRABALL, the damage and the causal link between them.
13.3. XTRABALL cannot be held liable in the Following cases:
- (a) Service failures resulting from issues not under its control;
- b) failure of the User to meet the contractual obligations;
- (c) non-respect of the recommendations made by XTRABALL;
- (d) interruption of the Service due to a maintenance operation, whether planned or not;
- (e) modification, suspension or interruption of the Service ;
- (f) acts of God;
- (g) intervention by an unauthorized third party;
- h) potential abuses or safeguarding of passwords, confidential codes and more generally any information of a delicate nature for the User;
- (i) reliability of data transmission, access times, potential access restrictions or interruptions on specific Internet access networks and/or servers connected to the Internet which are not under the responsibility of XTRABALL;
- (j) ill-intentioned intrusions by third parties into the XTRABALL data processing system;
- (k) for the User's loss of data or for unauthorized access to the User's information by a third party;
- (l) for the effects of the User's activity and its results, even if the Service promoted this activity;
13.4. The User guarantees XTRABALL against any claim or legal proceeding brought by a third party against XTRABALL resulting from a use of the Service not in accordance with the agreement, and will compensate XTRABALL for the consequences of any claim or legal proceeding brought against XTRABALL or for any liability incurred by XTRABALL resulting from a third party or a Client in this way.
Article 14.- Assignment
The General Conditions cannot be the subject of a total or partial assignment by the User except with the prior written permission of XTRABALL.
XTRABALL can freely assign all or part of the subscription to the service by the User.
Article 15.- References
XTRABALL has the right to use the User's trade name, his logo(s) and/or other distinctive signs, brand, service brands and other trade descriptions as references within the context of its communication media.
Article 16.- Agreement on evidence
The Parties agree to consider messages received by fax or electronic mail, and more generally electronic documents exchanged between them, as being originals as defined by the article 1316-1 of the Civil code, which is to say that these documents have the same value as those given to an original. The Parties agree to archive faxes or electronic messages in such a way as to constitute accurate, durable copies as defined by the article1348 of the Civil code. The Parties expressly agree that in case of a contradiction between, on the one hand, the written information in paper form exchanged via conventional postal delivery services, and on the other hand, faxes or electronic messages exchanged by via electronic means or otherwise, only the written information in paper form exchanged via conventional postal delivery services will be considered valid.
Article 17.- Confidentiality
17.1. The information, content and form pertaining to methods, procedures, technical processes, databases and designs, including the respective files of the Parties and all other information exchanged between the Parties, are considered strictly confidential and will be hereafter referred to as "Confidential Information."
Each of the Parties agrees to use the Confidential Information that he receives exclusively for the needs of executing the Service. Each of the Parties will abstain from exploiting on its own behalf, directly or indirectly, the Confidential Information received from the other Party.
17.2. In any case, and in the case where one of the Parties has access to information pertaining to the other Party that is not considered confidential, the first Party agrees not to make use of it in a way that could harm the second Party.
17.3. This obligation will continue for a period of two (2) years after the termination, for any reason whatsoever, of the subscription to the Service.
17.4. In the case of an infringement to the obligations of the present agreement, the Party that initially divulged the Confidential Information can cancel ipso jure the General Conditions and its consequences without being subject to damages and interests that the wrongful Party might demand.
17.5. The confidentiality of the exchanges between the Parties and the authentication of the User is ensured by the assignment and use of confidential codes (user identification and passwords) and by the encoding of the information exchanged between the User's terminal and the XTRABALL server according to SSLV2 standards.
The communication protocols used are those in effect on the Internet.
Article 18.- Cancellation
In case of a failure on the part of one of the Parties to respect the obligations stated in the General Conditions, the Party who is the victim of this failure can exercise his right to cancel the Service without being subject to paying damages and interests to the other Party, after having formally notified the other Party of the requirement to find a solution within fifteen (15) calendar days following the reception of an email sent at the email provide by the User, or at firstname.lastname@example.org for the Company
Article 19.- General provisions
19.1. The General Conditions are the only conditions applicable in the context of the execution of the Service, to the exclusion of any agreement, parley or other condition, except in the case of a specific agreement between XTRABALL and the User. XTRABALL reserves the right to modify the General Conditions at any time. In case of modification, the applicable General Conditions will be those in effect upon the subscription to all or part of the Service.
19.2. The User cannot claim the right to any anterior stipulation whatsoever of his own general and/or particular conditions, business correspondences and/or propositions on the same subject as the General Conditions.
19.3. The General Conditions imply no exclusivity, and each of the Parties remains entirely free to conclude agreements of the same nature with other partners.
19.4. The General Conditions cannot be modified except by an amendment dated and signed by representatives authorized by the Parties. The annexes and/or General Conditions modified or added to the General Conditions will become an integral part of them, as soon as the Parties both agree definitively on their terms.
19.5. The simple tolerance of non-compliance with a provision of the General Conditions by one of the Parties does not by any means imply surrender or renunciation of the rights, nor a modification of the General Conditions. The fact that one of the Parties does not make use of one of the rights granted to him by the General Conditions does not imply that that Party is renouncing to that right in the future.
19.6. Each of the Parties is acting in his own name and for his own account. Neither has the power nor authorization to involve the other Party in any way whatsoever. None of the provisions of the General Conditions can be interpreted as creating any type of affiliation or legal entity whatsoever between the Parties.
19.7. In case one of the stipulations of the General Conditions is revealed to be fully or partially void, this voidance will not affect the validity of the other General Conditions, unless the Parties agree to substitute this void stipulation with a lawful, written stipulation corresponding with the spirit and the subject of the void stipulation, and having an equivalent economic effect.
19.8. The present General Conditions are subject to French laws.
19.9. Any difficulty relating to the validity, application or interpretation of the General Conditions will be subject to the Toulouse Commercial Court, if an amicable settlement cannot be reached. This assignment of jurisdiction is also applicable in the case of interlocutory proceedings, multiple defendants or third party claims.