AIRSWOP is a SAS with a capital of 5560 €, registered with the RCS of VERSAILLES under number 825 192 339, whose registered office is located at 49 AVENUE DU GÉNÉRAL DE GAULLE, 78290 CROISSY-SUR-SEINE. The company’s contact details are as follows: Tel 0618610379 – Email: email@example.com – Web: www.airswop.com
ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION
The purpose of these General Terms and Conditions of Sale and Use (hereinafter referred to as “General Terms and Conditions”) is to set out the terms and conditions under which Customers and Users may benefit from the Services offered by AIRSWOP. They apply to all Services provided by the company 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. The Use of the Service entails the full and complete application of these General Terms and Conditions.
AIRSWOP reserves the right to modify these General Conditions and undertakes to notify Customers at least 30 days before its entry into force by e-mail. These modifications are enforceable against Customers as from their publication on the application. The use of the Service after the entry into force of the new General Terms and Conditions shall be considered as tacit acceptance.
ARTICLE 2- DEFINITIONS
The terms below, which begin with a capital letter within all contractual documents, whether used in the singular or plural, shall have the meanings given to them below.
“Subscription” refers to a paid package giving access to the Services, including the Paid Services, for a specified period of time, specified in the Special Conditions.
“Application” or “Mobile Application” refers to the application software program developed and marketed by AIRSWOP, and distributed on Apple Store and Google Play.
“Administrator” refers to any person with an account that allows them to access additional features, validate the presence of an employee within their company and add, delete and modify customized Cards.
“Beneficiary” refers to any User who has downloaded the application and is in possession of a Card with a PRO or ENTERPRISE Service ordered by the Customer.
“Digital Business Card” or “Card” refers to Business Cards created by Customers or Customer-Users, which may be exchanged, distributed and collected by Users and Beneficiaries.
“Customer” means any natural person of full age or legal entity who has expressed a wish to benefit from the AIRSWOP Free or PRO or ENTERPRISE Service, by creating an account for their own use, or by subscribing to a subscription and ordering one or more accounts to make it available to Beneficiaries.
“Order” means any request, instruction or registration to receive a service under the conditions set out in Article 4.
“User Account” refers to the User’s personal interface, allowing him/her to benefit from AIRSWOP Services and to modify the personal information on their Business Card.
“Special Conditions” refers to the contractual document supplementing or specifying these General Conditions, in the form of a purchase order, an accepted quotation, or a document entitled “Special Conditions”. These conditions prevail over these General Terms and Conditions.
“Service” refers to all the functionalities offered by AIRSWOP on the mobile application.
“PRO or ENTERPRISE Service” refers to access to paid features.
“Third Party” refers to any person third party to the application.
“User” refers to any adult natural person who has a user account to use the Services offered by the Application.
Article 3 – Services & Subscriptions
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 can be found on the website and on the application subscription page on the mobile phone, located below the application download button.
Free Service – AIRSWOP offers a free service that provides access to the basic features of the Application for an indefinite period of time, including the creation of a Digital Business Card with personal information against the AIRSWOP logo, the exchange of Business Cards via the SWOP functionality, and the collection and storage of its Digital Business Cards.
PRO or ENTERPRISE Service – AIRSWOP also offers a paid PRO or ENTERPRISE service allowing you to benefit from additional functionalities, including digital business cards whose graphics are customized by the Customer.
Airswop Service Assistant – The AIRSWOP Application provides a paid Airswop Service Assistant to benefit from the functionalities of a dedicated service for entering photographed Cards.
All AIRSWOP offers are detailed on its website. In accordance with Article L. 111-1 of the Consumer Code, the essential characteristics and prices of the Service sold are presented on the website under the Prices tab.
ARTICLE 4- ORDER
The Order is considered placed when the Client-User downloads the application and finalizes the creation of his personal account on the AIRSWOP Application. When the Client-User subscribes to the PRO or ENTERPRISE Service, the Subscription is confirmed when the Customer has been able to check the details of his Order, its total price and has confirmed his acceptance by clicking on the validation button. Any request to modify the Order may entail additional costs, in particular in the event of a change in the personalised graphics or an increase in the number of accounts with the Logo Card.
Subscription to the Service grants the Customer one or more licenses to use the Application, under the conditions provided for in these General Terms and Conditions.
ARTICLE 5 – RATES
Customers can benefit from the Basic Service free of charge (excluding connection costs and telecommunications charges, which are the responsibility of the Customers). Customers who wish to benefit from the PRO or ENTERPRISE Service subscribe for a fee for a period of one year, renewable by tacit agreement. It is provided at the current rate shown on the website www.airswop.com. Prices are expressed in Euros, excluding VAT and including VAT. As soon as the ordered Services are available, AIRSWOP issues the invoice and sends it to the e-mail address provided by the Client.
ARTICLE 6 – PAYMENT OF THE PRO or ENTERPRISE SERVICE
Payment method – The Customer makes the payment of his choice: on the day of the PRO or ENTERPRISE Service Order by credit card via the website (1) or by monthly debit at the beginning of each month (2). In the latter case, the Client is required to provide AIRSWOP with its RIB. It is then invoiced each month from the day of subscription until the end of the current subscription.
The Customer has access to his invoice on his Account within his personal space. Depending on the Customer’s place of transaction, different exchange transaction fees or prices may apply.
During online payment, the entry of banking information is made via a secure server to ensure the security and confidentiality of the information provided during the banking transaction. AIRSWOP does not have access to the bank details provided by the Client. Only the Client’s bank and the receiving bank, Crédit Mutuel, have access to the bank data for the purpose of executing the payment.
Failure or delay in payment – AIRSWOP will not be required to commission the PRO or ENTERPRISE Service if the price has not been paid in full under the conditions indicated above. Any failure 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 date of invoicing. This increase is calculated on the amount excluding tax of unpaid amounts, by indivisible periods of one month from the 1st day of delay.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with article L.221-28 of the Consumer Code, the PRO or ENTERPRISE Service Customer has no right of withdrawal due to the provision of a personalised Business Card included in the PRO or ENTERPRISE Service; the validation of the PRO or ENTERPRISE Service Order constitutes acceptance without restriction or reservation of the Service provided by AIRSWOP.
With regard to the Free Service, the Customer may delete his account and uninstall the application at any time.
ARTICLE 8 – AVAILABILITY OF SERVICES
The Service includes remote access to the Application’s functionalities and a data hosting service, as well as maintenance and recovery services for the Service. AIRSWOP implements all the means at its disposal to ensure the functioning of the Application and the accessibility of the Service. AIRSWOP does not warrant that the Services will operate without interruption, error or slowdown, and provides the Service as available, and both the Customer and User are advised that the Service may be temporarily suspended at AIRSWOP’s sole discretion for technical reasons.
ARTICLE 9 – OPERATION OF THE APPLICATION
Each User has a personal space that allows him/her to collect Business Cards and store them in the Application for a period of time that may be limited.
When the User positions himself on the SWOP tab, he makes his Map visible to the Users who are also on the SWOP tab, within a radius of about 1 meter (thanks to geolocation). At the same time, Users who are on the SWOP tab in a common perimeter will be able to click on the Cards they want to collect and add to their database.
Any Customer or User is informed that the collected Digital Business Cards are not stored indefinitely in the application in accordance with the 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. Customers and Users are advised to save or save the contact details acquired on AIRSWOP on their mobile devices or any other media.
Users have several buttons allowing them to access the Cards collected according to different criteria: the last Cards viewed, the last Cards collected, the favourite Cards, the sorting in alphabetical order by names of Cardholders or company names, the sorting by quality of prospects, customers etc. These features are subject to change and modification.
More information is available on the website www.airswop.com.
Users and Beneficiaries have a button that guarantees the confidentiality of their Business Cards to third parties. By enabling this option, Users with their Cards will not be able to share it with other third parties. In this case, the Administrator and Responsible Users will also not have access to the Card, the confidentiality of which is protected.
ARTICLE 10 – BENEFICIARIES’ ACCOUNTS
Professional Customers can Order access to multiple Accounts for Beneficiaries such as employees. Any Beneficiary is a User who undertakes to comply with the same rules of use set out in these General Terms and Conditions. To access the Application, Beneficiaries must download the Application and create an Account with identifiers that will be sent to them by the Client. Beneficiaries are informed that the holders of the Administrator Accounts appointed by the Client have statistics on the use of their Account and visibility on all the Cards collected.
They are also informed that the Cards they collect may be the exclusive property of the legal entity making the AIRSWOP Application available to them. As such, they are required to obtain information from this legal entity, from their employer where applicable.
ARTICLE 11- RIGHTS AND DUTIES OF THE CLIENT AND ANY USER
All Customers and Users undertake to:
Undertake a use of the Application in accordance with its purpose;
Use the Application in a way that respects other Users;
To make a respectful use of the personal data of Users and third parties;
To provide accurate, adequate and up-to-date information and personal data;
Make use of the Lawful, adequate, moral Application, in accordance with good morals and public order;
Ensure the confidentiality of your login and passwords.
All Customers and Users are prohibited from:
Create an account under a false identity or by impersonating a natural or legal person;
Use illegal, excessive or criminal data;
Transmit, post, distribute false or misleading information;
Communicate false bank details to AIRSWOP;
Broadcast content that is defamatory, abusive, obscene, racist, xenophobic, incites hatred or promotes a crime against humanity;
Harass or embarrass Users or third party users;
Violate the intellectual property rights of AIRSWOP, its Customers, Users or third parties through the use of the Application;
Commit a criminal offence or any act of unfair competition, economic parasitism, counterfeiting, any violation of privacy, the reputation of a legal or natural person, when using the Services and the AIRSWOP Mobile Application;
Extract or attempt to extract, in whole or in part, a User’s database of contacts and digital Business Cards; or to access personal data that is not intended for the User;
Transmit, upload to the AIRSWOP Application or Website, in any way whatsoever, any virus or elements, file codes, programs, create a saturation or flood the server, and any action aimed at disrupting the operation of the Application, including interrupting or limiting the Service, destroying or compromising the use of the Application by Users;
Enter or attempt to enter all or part of the system, the server hosting the Application or the AIRSWOP Website or a User’s personal space.
The Client and the User are informed that the Criminal Code punishes breaches of the automated data processing system in Articles 323-1 to 323-7 and in particular :
The fact of accessing or remaining, fraudulently, in all or part of an automated data processing system;
The deletion or modification of data contained in the system, the alteration of the functioning of this system;
Obstructing or distorting the operation of an automated data processing system;
The fraudulent introduction of data into an automated processing system or the fraudulent deletion or modification of the data contained therein.
The act, without legitimate reason, of importing, holding, offering, transferring or making available equipment, an instrument, a computer program or any data designed or specially adapted to commit one or more of the offences provided for in Articles 323-1 to 323-3.
Anyone guilty of these offences is liable to a fine of €30,000 to €75,000 and to imprisonment for a term of two to five years.
To report abuse or any behaviour that may affect them, any User or Client may contact AIRSWOP at firstname.lastname@example.org
ARTICLE 12 – WARRANTY AND LIABILITY
Legal Guarantees – AIRSWOP undertakes to provide a Service in accordance with its description in Article 3 “Description of the Service” and in accordance with the Order. With regard to Paid Services, AIRSWOP is bound by the conditions of legal guarantees of conformity provided for in Articles L. 217-4 to L. 217-13 of the Consumer Code and hidden defects provided for in Articles 1641 and 1648 of the Civil Code. AIRSWOP will refund or rectify, without incurring excessive cost to the company, services deemed defective as soon as possible. The refund will be made by credit to the Customer’s bank account or by bank cheque made payable to the Customer. AIRSWOP’s guarantee is limited to the reimbursement of the benefits actually paid by the Client. except for paid services, AIRSWOP cannot be held liable for reimbursement or any compensation whatsoever due to non-compliance or hidden defects.
Limitation and exclusion of liability – AIRSWOP is bound by an obligation of means. AIRSWOP may in no event be held liable for special, indirect or consequential damages and more generally for any damage inherent in business interruption, loss of data, loss of opportunity, damage to reputation, loss of enjoyment of a right or property, loss of earnings, loss of a third-party service, and more generally for any loss of an economic nature that may arise from the provision of the services sold. Any warranty is excluded in the event of damage resulting from force majeure, improper installation, use, negligence, or lack 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 beyond its control, such as the transmission of the User’s personal data to a third party or another User, excessive or unwanted contact, or any form of harassment. Any action for liability may not result in AIRSWOP being charged with an indemnity greater than one and a half times the amount of its service excluding tax.
AIRSWOP complies with current French regulations and European Union regulations. AIRSWOP cannot be held liable in the event of non-compliance with the legislation of another country in which the Service is provided, which it is the responsibility of the Client, who is solely responsible for choosing the Service requested, to check.
ARTICLE 13 – INTELLECTUAL PROPERTY
AIRSWOP Rights – AIRSWOP is the owner of all intellectual property rights on the Mobile Application, as well as on the AIRSWOP brand. It also owns all logos, drawings and identification signs, texts appearing on its commercial documentation. Users’ rights on the Application are limited to those described in these Terms and Conditions. Any Customer, User or Beneficiary shall refrain from modifying, copying, reproducing, representing, downloading, distributing, 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 composing the Application, under penalty of being guilty of counterfeiting.
Customer’s Rights – The Customer owns the intellectual property rights, in accordance with the Special Conditions, on the graphic elements transmitted to AIRSWOP as well as on any word, figurative or semi-figurative mark, and on the graphic elements (logo, graphic charter) created by AIRSWOP on behalf of the Customer as part of the PRO or ENTERPRISE Service. the Customer grants AIRSWOP, for the whole world and for the duration of the subscription to the Service, a licence to use the content protected by an intellectual property right as part of the subscription to the Services and its use. The Client guarantees AIRSWOP that the data and content transmitted by it via the Mobile Application do not infringe the intellectual property rights or image rights of third parties and guarantees AIRSWOP against any related compensation that may be required from AIRSWOP.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
14.1 AIRSWOP is responsible for the processing of personal data on its behalf, namely processing operations allowing the management of customer relations, the proper functioning of the Application and the website, and the evaluation of the performance of its application tool.
AIRSWOP is a Subcontractor of the processing of personal data carried out on behalf of its customers, through the service it offers. As such, any natural or legal person using the application on his own account is responsible for processing and undertakes to comply with the protection of personal data in accordance with the legislation in force.
14.2 By concluding the contract, i.e. validating the creation of an Account, the User consents to the processing of his/her personal data for the purpose of the Service, including the collection, storage and distribution (at his/her discretion or that of third parties depending on the chosen configuration) of his/her personal data.
14.3 Any User is informed that when sending his Card to a Beneficiary or a User whose Card bears the logo of a company (other than AIRSWOP), his Business Card and his personal data appearing on it may be consulted and used by Users of the company in question who have an Administrator account.
14.4 Beneficiaries are informed that their use of the Application gives rise to statistics on the use of their Account. These may be forwarded to the Data Controller who makes the AIRSWOP PRO or ENTERPRISE Service available to them.
To know all the processing, information and rights of persons relating to the processing of personal data carried out via the Application, it is necessary to refer to AIRSWOP’s Personal Data Protection Policy.
Use of the personal data of other Users or third parties
Any use of the personal data of other Users or Third Parties by Users or Customers via the Application must respect the wishes of each User. Consequently, when a User sets up his account, makes it clear, or expressly indicates, even orally, that he does not want the User to transmit his Card to other persons, it is the User’s responsibility to comply with this will.
Users have the option of setting up their account to be the sole masters of the distribution of their Card. In the event that personal data is used outside the Application, in particular to divert the settings blocking the transmission of a Card, AIRSWOP cannot be held responsible.
ARTICLE 15 – ACCOUNT DELETION AND UNINSTALLATION OF THE APPLICATION
Uninstalling the Application
The User may uninstall the Application from his mobile at any time without notice. In this case, he will no longer be able to access the Application and Service unless he downloads it again.
Simply uninstalling does not delete the Account. If the User downloads the application again within one year of uninstalling, he/she will be able to recover his/her Account as he/she left it. If he does not download the Application within six (6) months, he is informed that his Business Card will no longer be visible to other Users at the end of the three (3) months. After one year, the Account will be deleted and all personal data archived.
Deletion of the Account by the User
To delete his Account, the User must write by email to the following address: email@example.com.
The deletion of the Account entails the termination of these General Terms and Conditions. When the User deletes his Account, he no longer has access to the Service. The Cards he has already transmitted will always be visible in the databases of the recipient Users for a period of six (6) months from the date of deletion of the Account. Beyond six (6) months, all personal data will no longer be visible to other Users and the account will be deleted.
If the Account is not used for a period of one year, the Account is automatically deleted.
ARTICLE 16 – TERMINATION
In the event of a Client’s breach of these General Terms and Conditions, his Account may be suspended by AIRSWOP at any time. The Client, User and Beneficiary whose Account is suspended is informed by AIRSWOP of the suspension and the reasons for it.
In the event of a serious and proven breach by one of the Parties to these General Terms and Conditions, the Party which considers itself aggrieved may terminate this contract by operation of law. This termination will take place 15 days after sending a registered letter with acknowledgement of receipt.
Any termination of the Free Service will be effected by a double notification by AIRSWOP, namely by e-mail and on the Mobile Application. The Free Service Customer can simply delete his account.
In the event of a subscription, the termination conditions are specified in the Special Conditions. Failing this, the subscription is concluded for twelve (12) months renewable by tacit renewal. After renewal, the contract may be terminated at any time subject to a three-month notice period. In the event of termination of the contract before the renewal, it may be terminated at any time before the anniversary date of the subscription.
ARTICLE 17 – FORCE MAJEURE
AIRSWOP cannot be held liable in the event of an event of force majeure, understood as any event beyond the control of AIRSWOP, which could not have been foreseen at the time of the conclusion of these General Conditions and whose effects cannot be avoided by appropriate measures. In addition to cases of force majeure recognised by the courts, any interruption, malfunction, interruption or suspension of the Services provided by telecommunications operators and Internet service providers; power outages; malfunctions of computer equipment cooling systems are considered as force majeure or fortuitous cases; 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 amending the General Conditions.
ARTICLE 18- ASSIGNMENT
AIRSWOP may assign this contract to any company of its choice at any time.
ARTICLE 19 – WAIVER – VALIDITY
The fact that one of the provisions of the General Terms and Conditions of Sale and Use is not invoked at any time shall not constitute a waiver of the right to invoke it at a later date. If one of the provisions of the General Terms and Conditions and GCU is declared null and void by virtue of a law, regulation or 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 Conditions of Use and, where applicable, Special Conditions.
ARTICLE 20 – DISPUTES
Before any contentious action is taken, the parties shall seek an amicable settlement and shall provide each other with all the necessary information to this end. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the consumer may have recourse free of charge to a mediator before bringing the matter before the courts, provided that AIRSWOP and the consumer are established on French territory. You can use Medicys, 73 boulevard de Clichy, 75009 Paris
Tel: 01 49 70 15 93
These General Terms and Conditions are subject to French law. The language of interpretation is French. Any dispute between the parties arising from the contractual relationship or related to the Service shall fall within the jurisdiction of the Commercial Court of VERSAILLES if the Client is a professional or the competent courts on French territory under the conditions of ordinary law if the Client is non-professional or consumer.