The AIRSWOP company is a SAS with the capital of 5560 €, registered with the RCS of VERSAILLES under the number 825 192 339, whose registered office is located 89 CHEMIN DE RONDE, 78290 CROISSY-SUR-SEINE. The coordinates of the company are as follows: Tel 0618610379 - Email : email@example.com Web : www.airswop.com
The editor of the application is The Editor and the host is FireBase on the Firestore cloud located in the Europe-West 3 region (Frankfurt)
ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION
1.1 General - These General Conditions of Sale and Use (hereinafter "General Conditions") determine the characteristics, rules of access and the terms and conditions of use of the mobile application AIRSWOP, accessible on smartphone and tablet ANDROID and IOS (hereinafter referred to as "the Application"). They are also intended to define the rights and obligations of any User and Customer of the Application.
They apply to all the Services provided by the Publisher and exclude the application of any other contractual document such as the General Terms and Conditions of Purchase. However, the Special Conditions prevail over the provisions of these General Conditions. Access to the Application is subject to the acceptance, without restriction or reservation, of all these General Conditions.
1.2 Modifications - The Publisher may modify these Terms and Conditions at any time, provided that the Customer is notified at least one (1) month prior to the effective date. If the new provisions substantially modify the Customer's rights and obligations (on price, service, duration of the contract), decrease its rights or increase its obligations significantly, the Customer will be informed that it may terminate this Contract by sending a registered letter with acknowledgement of receipt within a maximum period of three months from the entry into force of the new General Terms and Conditions and subject to a 15 days notice. In any case, the use of the Service after the entry into force of the new General Terms and Conditions is considered as a tacit acceptance of these and their modifications are opposable to the Customer as from their entry into force.
ARTICLE 2 - DEFINITIONS
The terms listed below and beginning with a capital letter in all contractual documents, used in the singular or plural, shall have the meaning given to them below.
"Subscription" means a paid package giving access to the Services, including the paid Services, for a specified period, specified in the Special Conditions. "Application" or "Mobile Application" means the software application program developed and marketed by AIRSWOP and distributed on Apple Store and Google Play. "Administrator" means any person who has an account that allows him or her to access additional features, validate the presence of an employee within his or her company, and add, delete, and modify personalized Cards. "Beneficiary" means any person or entity having downloaded the application and benefiting from a Card because of the subscription to the AIRSWOP PRO or AIRSWOP ENTERPRISE service ordered by the User. "Digital business card" or "Card" means the Business Cards created by Customers or Customer-Users, which may be exchanged Users, which may be exchanged, distributed and collected by Users and Beneficiaries. "Order" means any request, instruction or registration to use a service as described in Article 4. "User Account" means the personal interface of the User, allowing him to benefit from AIRSWOP Services and to modify the personal information of his Business Card. "Special Conditions" means the contractual document supplementing or specifying these General Conditions, in the form of an order form, an accepted estimate, or a document entitled "Special Conditions". These conditions prevail over the present General Conditions. "Publisher" means the company AIRSWOP "ESAT" refers to an establishment of service of help by work. "Service" refers to all the features offered by the Editor on the mobile application. "AIRSWOP PRO or ENTERPRISE Service" means access to paid features. "Third party" means any person who is not a member of the application. "User" means any natural person of legal age or legal entity having expressed the wish to benefit from the Services offered by the Editor, by creating an account for its own use, or by taking out a subscription and ordering one or more accounts to make it available to Beneficiaries.
ARTICLE 3 - DESCRIPTION OF THE APPLICATION AND ACCESS TO SERVICES AND SUBSCRIPTIONS
The Application is available free of charge on the Apple Store and Google Play and is accessible to any User with Internet access.
3.1 The AIRSWOP mobile Application allows the creation, exchange, distribution, collection and storage of digital Business Cards within a dedicated tool. The presentation of the Application appears on the website www.airswop.com and on the subscription page of the application on the mobile, located below the download button of the application.
3.2 Access to the Services is reserved to regularly registered Users. At the time of the first connection to the Application.
The User must provide the following information:
A valid e-mail and a password. Once this information has been completed and provided that the User is over 18 years old, the User validates his registration to the Application by clicking on the "REGISTRATION" tab. The User will then receive an email containing a link that he/she must click on to definitively validate his/her registration under his/her sole responsibility, and thus benefit from permanent access to the Application and his/her account, except during maintenance periods.
3.3 Once the User has registered, he/she may create his/her Card by providing the following information
If the User has subscribed to the free AIRSWOP INVITE service, he will choose a card format proposed by AIRSWOP from among various templates without the possibility of a personalized graphic charter. If the User has subscribed to the paid services AIRSWOP PRO or AIRSWOP
ENTREPRISE, AIRSWOP will directly offer him the personalized Card of his company reproducing the graphic charter and the logo of his company.
The User may subsequently, if he wishes, add other information to his profile: address, city, postal code, country, link to a media.
3.4 The User is fully aware that the Publisher cannot be held responsible for the User's connectivity to the Application and network line interruptions.
The User undertakes to keep his/her password secret and not to disclose it in any form whatsoever. The User is entirely responsible for the use and custody of the access codes to the Application.
In the event of loss or theft of access codes, the User may reset his or her password by clicking on the "Forgotten Password" tab accessible on the first page of the Application.
3.5 Registration to the Application allows access to the following services, subject to the subscription of a paying Subscription for the AIRSWOP PRO and AIRSWOP ENTERPRISE services:
Service AIRSWOP INVITE offers a free service that allows access to the basic features of the Application for an indefinite period, in particular the creation of a digital Business Card including his personal professional information according to the 4 templates offered, the exchange of Business Cards via the SWOP functionality, the collection and storage of his digital Business Cards.
Service AIRSWOP PRO proposes a paying service making it possible to profit from additional functionalities to those of the formula AIRSWOP INVITE of which in particular digital Business Cards whose graphics are personalized by the User, the Business Card integrated into the email signature of the User, the addition of links towards videos or other media, or the seizure of the photographed paper cards, by an ESAT for a cost of 0,60 cent per seized card.
AIRSWOP ENTERPRISE service proposes a paying service allowing to benefit from additional functionalities to those of the AIRSWOP PRO formula including in particular a periodic analysis of the data of all the Users belonging to the same company, unlimited modifications of the mask of the card, the possibility of transferring the cards stored in the Application between the Users of the same company, the access to a personalized back office.
All the AIRSWOP offers are detailed on the website www.airswop.com. In accordance with the article L.111-1 of the Consumer Code, the essential characteristics and the prices of the sold Service are presented on the website under the tab Prices.
ARTICLE 4- ORDERING
The Order is considered placed when the User downloads the Application and finalizes the creation of his personal account on the AIRSWOP Application. When the User subscribes to the AIRSWOP PRO or AIRSWOP ENTERPRISE Service, the subscription is confirmed when the User signs the subscription contract sent by the Editor. Any request to modify the Order may result in additional charges, particularly in the event of an increase in the number of Users or Beneficiaries holding a personalized Charter Card. Subscription to the various Services offered by the Publisher grants the User or the Beneficiary one or more licenses to use the Application, under the conditions set forth in these Terms and Conditions.
ARTICLE 5 - RATES
Users may benefit from the AIRSWOP INVITE basic service free of charge (excluding connection costs and telecommunication costs which remain the responsibility of the Users). Users who wish to benefit from the AIRSWOP PRO or AIRSWOP ENTERPRISE service must take out a paying subscription for a period of one year, renewable by tacit agreement. It is provided at the rate in force appearing on the Internet site www.airswop.com. Prices are expressed in Euros, exclusive of tax and VAT. As of the provision of the ordered Services, the Editor issues the invoice and sends it on the e-mail address provided by the User. AIRSWOP reserves the right to modify its price list at any time in the conditions of modification envisaged in article 1 of the present document.
ARTICLE 6 - METHODS OF PAYMENT
6.1 The User shall pay on the day of subscription to the AIRSWOP PRO or AIRSWOP ENTERPRISE service:
The User will receive his invoice on the e-mail address given at the time of registration. Depending on the location of the User's transaction, exchange fees or different prices may be applied.
If the User wishes to create additional accounts during the subscription for new Beneficiaries, he will be directly taken from the sum due for the new Beneficiaries at the time of the subscription.
6.2 AIRSWOP shall not be required to proceed with the activation of the AIRSWOP PRO or AIRSWOP ENTERPRISE if the price has not been paid in full under the conditions indicated above. Any default or delay in payment, after formal notice has remained unsuccessful, shall automatically result in the application of an increase equal to the legal interest rate in force on the day of invoicing. This increase is calculated on the amount of the unpaid sums, excluding tax, by indivisible periods of one month from the 1st day of delay. The User will also be required to pay a fixed sum of 40 euros for collection costs per unpaid invoice.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the Consumer Code, the User of the AIRSWOP PRO or AIRSWOP ENTERPRISE Service does not benefit from any right of withdrawal due to the supply of a personalized Business Card. Validation of the AIRSWOP PRO or AIRSWOP ENTERPRISE Services Order is equivalent to acceptance without restriction or reservation of the Service provided by AIRSWOP. As this is a free Service, the User may delete his account and uninstall the application at any time.
ARTICLE 8 - AVAILABILITY OF SERVICES
The Service includes remote access to the functionalities of the Application and a data hosting service, as well as maintenance and restoration of the Service. AIRSWOP implements all the means at its disposal to ensure the operation of the Application and the accessibility of the Service. AIRSWOP does not guarantee that the Services will operate without interruption, without errors or slowdown, and provides the Service as available. The User and the User are informed that the Service may be temporarily suspended at the sole discretion of AIRSWOP for technical reasons.
ARTICLE 9 - FUNCTIONING OF THE APPLICATION
Each User has a personal space that allows him to collect Business Cards and to store them in the Application for a period that may be limited. When the User positions himself on the SWOP tab, he makes his Card visible to Users who are also on the SWOP tab, within a limited distance of 100 meters (thanks to geolocation).
At the same time, Users who are on the SWOP tab within a common perimeter, will be able to click on the Cards they wish to collect and add them to their card directory.
Any User or Beneficiary is informed that the digital Business Cards collected are not stored indefinitely in the application with regard to regulations on the protection of personal data. In particular, the Cards are deleted within 3 months after the deletion of a User's Account and within one year after the uninstallation of the Application. It is advised to the Users and Beneficiaries to record or to save the coordinates collected via AIRSWOP on their mobile devices or any other support. The Users have several functionalities allowing them to access the collected Cards. These features may evolve and change. More information is available on the website www.airswop.com.
Users and Beneficiaries can set up the confidentiality of their Business Cards with respect to third parties. By activating this option, other Users will not be able to share it with other third parties. In this case, the Administrators and Managers Users will not have access to the confidentiality-protected Card either.
ARTICLE 10 - BENEFICIARIES' ACCOUNTS
Professional Customers who are legal entities may order several user licenses for Beneficiaries such as employees. Any Beneficiary is a User who is bound by the same rules of use set out in these General Conditions. To access the Application, Beneficiaries must download the Application and create an Account with identifiers that will be sent to them by the User. The Beneficiaries are informed that the holders of Administrator Accounts designated by the User have statistics on the use of their Account and visibility on all the Cards collected. They are also informed that the Cards that they collect are likely to be the exclusive property of the legal entity making the AIRSWOP Application available to them. In this respect, they are required to inform themselves with the User and/or their employer if necessary. In any event, AIRSWOP disclaims all liability in case of conflict between a User and a Beneficiary relating to the ownership of the Cards collected by a Beneficiary. In this respect, Users and Beneficiaries undertake never to seek the responsibility of AIRSWOP on this precise point.
AIRSWOP offers the possibility for Users having subscribed to the AIRSWOP COMPANY service to manage the accounts of the Beneficiaries by creating a MASTER ADMINISTRATOR account and/or one or more ADMINISTRATOR(S) accounts. The MASTER ADMINISTRATOR account holder will have access to the statistics on the use of the Business Cards by the Beneficiaries; he will also have access to all the Cards collected by the User and the Beneficiaries belonging to the same company. He may choose to create different groups of Beneficiaries by department or by department of the same company, each of which will be managed by an ADMINISTRATOR. The ADMINISTRATOR account holder will have access to the statistics on the use of the Business Cards of his group of Beneficiaries.
The User recognizes to have been perfectly informed that he remains responsible to AIRSWOP for the good use of the Application by the Beneficiaries in the respect of the provisions envisaged in article 12. In the event of non-observance by one or more Beneficiaries of these general conditions, AIRSWOP will address to the User a registered letter with acknowledgement of receipt enjoining the Beneficiary concerned to cease any violation of these general conditions. In the absence of a positive reaction within 8 days as from the reception by the User of the aforesaid mail, AIRSWOP reserves the right to take against the User any measure likely to safeguard its interests.
ARTICLE 11 - MAINTENANCE AND TECHNICAL ASSISTANCE
In the event of incident related to the operation of the service, AIRSWOP carries out a remote diagnosis to determine the origin of the incident. If the cause is not imputable to AIRSWOP, it does not concern the corrective maintenance. If on the other hand the anomaly is related to an internal dysfunction to AIRSWOP, AIRSWOP will implement all the means at its disposal to correct the anomaly. AIRSWOP provides to the User a technical assistance by e-mail or by telephone from Monday to Friday between 9 am and 6 pm.
ARTICLE 12 - RIGHTS AND DUTIES OF THE USERS AND BENEFICIARIES
All Users and Beneficiaries undertake to:
It is thus expressly agreed that AIRSWOP could not be held for person in charge in particular and without this list being exhaustive, for the incidents related to a nonconforming use of the proposed Services, to a material breakdown or dysfunctions concerning the equipment of the User or the Beneficiary, to the refusal of the User or the Beneficiary to collaborate with AIRSWOP, to the sending of inaccurate information by the User or the Beneficiary, to a fraudulent intrusion in the computer systems of the User.
All Users and Beneficiaries are prohibited from:
The User and the Beneficiary are informed that the Penal Code punishes attacks on automated data processing systems in articles 323-1 to 323-7 and in particular
Any person guilty of these offences is liable to a fine of between €30,000 and €75,000 and to between two and five years' imprisonment.
To announce an abuse or any behavior which would carry to him, any User or Customer can contact AIRSWOP at the e-mail address firstname.lastname@example.org
ARTICLE 13 - GUARANTEE AND RESPONSIBILITY
Legal guarantees - AIRSWOP undertakes to deliver a Service in accordance with its description in Article 3 "DESCRIPTION OF THE APPLICATION AND ACCESS TO SERVICES AND SUBSCRIPTIONS" and in accordance with the Order. Concerning the paying Services, AIRSWOP is held to the conditions of legal guarantees of conformity envisaged in articles L.217-4 to L217-13 of the Code of consumption and hidden defects envisaged in articles 1641 and 1648 of the Civil code. AIRSWOP will refund or will rectify, without that it generates for the company an excessive cost, the services considered defective as soon as possible. The refund shall be made by credit to the Customer's bank account or by bank check made out to the Customer. The guarantee of AIRSWOP is limited to the refunding of the services effectively paid by the User. Apart from the paying Services, AIRSWOP cannot be held to refund or to any compensation whatsoever because of a nonconformity or a hidden defect.
Limitation and exclusion of responsibility - AIRSWOP is held with an obligation of means. AIRSWOP will not be able to in no case to be held responsible for the special, indirect, or immaterial damage and more generally for any damage inherent in operating losses, losses of data, loss of chance, damage of reputation, with the loss of enjoyment of a right or a good, with a loss of profit, with the deprivation of a third service, and more generally with any loss of economic nature which could result from the provision of the sold services. Any guarantee is excluded in case of damage resulting from the force majeure, bad installation, use, negligence, or defect of maintenance of the support (smartphone, tablet, computer) on which the service was provided. AIRSWOP is not responsible, in any way, for anything that happens outside the Application or outside its control, such as the transmission of personal data of the User to a third party or to another User, excessive or unwanted contacts, or any form of harassment. In any case, any action in responsibility cannot result in putting at the charge of AIRSWOP an indemnity higher than one and a half times the amount of its service excluding tax.
The Services proposed by AIRSWOP are in conformity with the French regulation in force and the regulation of the European Union. The responsibility for AIRSWOP could not be committed in the event of nonrespect of the legislation of another country in which the Service would be provided, which it belongs to the Customer, only responsible for the choice of the requested Service, to check.
ARTICLE 14 - INTELLECTUAL PROPERTY
Rights of AIRSWOP - AIRSWOP is the owner of all the intellectual property rights on the mobile Application, as well as on the AIRSWOP brand. It is also the owner of any logo, drawings and identification signs, texts appearing on its commercial documentation. The rights of the Users on the Application are limited to those described in the present General Conditions. Any User or Beneficiary is prohibited from modifying, copying, reproducing, representing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the Mobile Application, the Services, the pages of the Site, or the computer codes of the elements making up the Application, under penalty of being guilty of an infringement of copyright.
Customer's rights - The User is the owner of the intellectual property rights, in accordance with the Special Conditions, on the graphic elements transmitted to AIRSWOP as well as on any verbal, figurative or semi-figurative mark, and the graphic elements (logo, graphic charter) created by AIRSWOP on behalf of the User within the framework of the AIRSWOP PRO or AIRSWOP COMPANY Service. The User grants AIRSWOP, for the whole world and for the duration of the subscription to the Service, a license to use the contents protected by an intellectual property right in the context of the subscription to the Services and its use. He authorizes AIRSWOP to modify these contents in order to respect the graphic charter of the Services and make them compatible with the Application. The User guarantees AIRSWOP that the data, contents, graphic elements, typography... transmitted by him via the Mobile Application do not infringe the intellectual property rights or image rights of third parties and guarantees AIRSWOP against any related compensation which would be required from AIRSWOP.
ARTICLE 15 - PROTECTION OF PERSONAL DATA
15.1 - AIRSWOP is responsible for the processing of personal data operated on its behalf, i.e. processing allowing the management of the customer relationship, the correct operation of the Application and the Web site, the evaluation of the performances of its application tool, the execution of the contract. AIRSWOP is a subcontractor of personal data processing only when it processes these data on behalf of customers, on their instructions. Any individual or legal entity using the application for its own account, and collecting personal data for its own account is responsible for processing and commits itself to the respect of the protection of personal data in accordance with the legislation in force.
15.2 - By entering into the contract, i.e. by validating the creation of an Account, the User is informed of the processing of his/her personal data for the purpose of executing this Contract, the object of the Service, including the collection, storage and distribution (at his/her discretion or that of third parties depending on the settings chosen) of his/her personal data.
15.3 - The User is free to disclose and remove from the Application at any time so-called sensitive personal data, i.e. information relating to his racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, data concerning his health, life or sexual orientation, in accordance with Article 9.2.e of the RGPD (EU Regulation No. 2016/679). In this case, the User is aware that AIRSWOP processes his sensitive personal data concerning him in order to ensure the Service in the strict framework of the execution of its contractual obligations.
15.4 - Any User is informed that when he transmits his Card to a Beneficiary or a User whose Card comprises the logo of a company (other than AIRSWOP), his Business Card and his personal data appearing on it will be able to be consulted and used by the Users of the company in question having an Administrator account.
15.5 - The Beneficiaries are informed that the use that they make of the Application gives rise to statistics of use of their Account. These are likely to be transmitted to the person in charge of processing who places the AIRSWOP STANDARD or AIRSWOP ENTERPRISE Service at their disposal.
To know all the processing, information and rights of persons relating to the processing of personal data carried out via the Application, it is advisable to refer to the Policy of Protection of Personal Data of AIRSWOP.
15.6 - Any use of the personal data of the other Users or Third Parties by the Users or Beneficiaries via the Application, is done imperatively in the respect of the will of each User or Beneficiary. Consequently, when a User or Beneficiary sets up his or her account, makes it clear, or expressly indicates, even verbally, that he or she does not wish the User or Beneficiary to whom his or her Card is sent to pass it on to other persons, it is up to the latter to comply with this wish. Users may set up their account to be the sole owner of their Card distribution. In case of use of personal data which would be carried out outside the Application, in particular to divert the parameter setting blocking the transmission of a Card, AIRSWOP could not be held responsible.
15.7 Where AIRSWOP is a personal data processor, it ensures:
SECTION 16 - ACCOUNT DELETION AND UNINSTALLATION OF THE APPLICATION
16.1Uninstallation of the Application
The User and/or the Beneficiary may uninstall the Application from their cell phone at any time without notice. In this case, they will no longer have access to the Application and the Service unless they download it again.
The simple uninstallation does not delete the Account. If the User downloads the Application again within one year of uninstallation, he/she will be able to recover his/her Account as he/she left it. If the User does not download the Application within six (6) months, he/she is informed that his/her Business Card will no longer be visible to other Users after three (3) months. After one year, the Account will be deleted and all personal data archived.
Users and Beneficiaries are also informed that at the end of their AIRSWOP PRO or AIRSWOP ENTERPRISE subscription, their account will not be deleted, it will survive according to the AIRSWOP INVITE formula. They are then perfectly alerted to the fact that their personalized Business Card will not be lost at the end of the subscription without this giving rise to any claim for compensation.
16.2 Deletion of the Account by the User
To delete his or her Account or that of a Beneficiary, the User must write by email to the following address: email@example.com. The deletion of the Account entails the termination of these General Conditions. When the User deletes his Account, he no longer has access to the Service. The Cards that he has already transmitted will still be visible in the databases of the recipient Users for a period of six (6) months from the deletion of the Account. After six (6) months, all personal data will no longer be visible to other Users.
If the Account is not used for a period of one year, the Account is automatically deleted.
ARTICLE 17 - TERMINATION
In the event of failure of a User or Beneficiary to comply with these General Conditions, his Account can be suspended at any time by AIRSWOP. The User or the Beneficiary whose Account is suspended is informed by AIRSWOP of the suspension and the reasons for it.
In the event of serious and proven failure by one of the Parties to the present General Conditions, the Party which considers itself injured will be able to terminate the present contract as of right. This termination will take place 15 days after sending a registered letter with acknowledgement of receipt. Any termination of the free Service will be carried out by a double notification by AIRSWOP, namely by e-mail and on the mobile Application. The User of the free Service can simply delete his account. In case of Subscription, the conditions of cancellation are specified in the Special Conditions. Otherwise, the Subscription is concluded for twelve (12) months renewable by tacit agreement. After renewal, the contract may be terminated at any time subject to a three-month notice period. If the contract is terminated before renewal, it may be terminated at any time before the anniversary date of the subscription.
ARTICLE 18 - FORCE MAJEURE
The responsibility of AIRSWOP cannot be committed in the event of an event of force majeure, understood as any event escaping the control of AIRSWOP, which could not be foreseen at the time of the conclusion of the present General Conditions and whose effects cannot be avoided by appropriate measures. In addition to the cases of force majeure recognized by the jurisprudence, are in particular regarded as cases of force majeure or fortuitous events any cut, malfunction, interruption and suspension of the Services provided by the telecommunication operators and the Internet access providers; the power cuts; the malfunctioning of the systems of cooling of the computer equipment; viruses and cyber-attacks for which the security measures recommended by the legislation do not allow their eradication, exceptional bad weather and natural disasters, strikes, and any change in legislation, regulations and recommendations, imposed by the competent authorities, which would have the effect of substantially modifying the General Conditions.
ARTICLE 19 - TRANSFER
AIRSWOP can transfer the present contract to any company of its choice and at any time without preliminary notification to the Users and without that opening right to the claim of any compensation. We shall ensure that the rights of the clients are maintained (in the act of assignment).
ARTICLE 20 - Waiver - Validity
The fact of not prevailing at one time of one of the provisions of the General Conditions of Sale and Use cannot be considered as a renunciation to prevail itself later. If one of the provisions of the General Terms and Conditions of Sale and Use is declared null and void by the effect of a law, a regulation or a final court decision, this shall in no way affect the validity of and compliance with the other provisions contained in the General Terms and Conditions of Sale, General Terms and Conditions of Use and, where applicable, the Specific Conditions.
ARTICLE 21 - DISPUTES
The parties will seek, before any litigation, an amicable agreement and will communicate to this end all necessary information. In accordance with the provisions of the Code of the Consumption concerning the amicable settlement of the litigations, the consumer can have recourse free of charge to a mediator before the seizure of the jurisdictions, as soon as the AIRSWOP company and the consumer are established on the French territory. You can resort to AME Conso is located 11 place Dauphine - 75001 PARIS. Its website is: www.mediationconso-ame.com The present General Conditions are subjected to the French law. The language of interpretation is French. Any dispute between the parties arising from the contractual relationship or related to the Service will fall under the jurisdiction of the Tribunal de Commerce de VERSAILLES if the User is a professional or the competent courts on French territory under the conditions of common law if the User is a non-professional or consumer.