The company AIRSWOP is an SAS with capital of 5560 €, registered with the RCS of VERSAILLES under the number 825 192 339, whose registered office is located 49 AVENUE OF GENERAL OF GAULLE, 78290 CROISSY-SUR-SEINE. The contact details of the company are: Tel 0618610379 – Email: firstname.lastname@example.org – Web: www.airswop.com
ARTICLE 1 – OBJECT AND FIELDS OF APPLICATION
The purpose of these Terms and Conditions of Sale and Use (hereinafter “Terms and Conditions”) is to state 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 Conditions of Purchase. The Special Conditions take precedence over the provisions of these General Conditions. Use of the Service entails the full and complete application of these Terms and Conditions.
AIRSWOP reserves the right to modify these Terms and Conditions and undertakes to notify Customers at least 30 days before its entry into force by e-mail. These modifications are binding on the Clients as from their publication on the application. Will be considered as a tacit acceptance, the use of the Service after the entry into force of the new General Conditions.
ARTICLE 2- DEFINITIONS
The terms that appear below and begin with a Shift within the set of contractual documents, used in the singular or the plural, shall have the meaning given to them below.
“Subscription ” means a paid package giving access to the Services, including the Pay 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 the Apple Store and Google Play.
” Administrator ” means anyone who has an account that allows them to access additional features, validate the presence of an employee within their company, and add, delete, and edit Custom Cards.
” Beneficiary” means any User who has downloaded the application and benefits from a Card with a Premium Service ordered by the Customer.
” Digital Business Card ” or ” Card ” means Business Cards created by Customers or Customer-Users, which may be exchanged, distributed and collected by Users and Beneficiaries.
” Customer ” means any natural person or legal person who has expressed the wish to benefit from the AIRSWOP Free or Premium Service, by creating an account for his own use, or by subscribing and ordering one or more accounts to make it available to Beneficiaries.
” Order ” means any request, instruction or registration to benefit from a service under the conditions referred to in Article 4.
” User Account ” means the user’s personal interface, allowing him to benefit from the AIRSWOP Services and to modify the personal information of their Business Card.
” Special Conditions ” means the contractual document supplementing or specifying the present General Conditions, in the form of a Purchase Order, an accepted quote, or a document entitled “Special Conditions”. These conditions prevail over these Terms and Conditions.
” Service ” means all the features offered by AIRSWOP on the mobile application.
“Premium Service” means access to paid features.
“Third Party” means any third party to the application.
” User ” means any natural person with a user account to use the Services offered by the Application.
Article 3 – Services & Subscriptions
The AIRSWOP Mobile App enables the creation, exchange, distribution, collection and storage of Digital Business Cards in a dedicated tool. The presentation of the Application is available on the website and on the subscription page of the application on the mobile, located below the download button of the application.
- Free Service – AIRSWOP offers a free service that allows access to the basic features of the Application for an indefinite period including the creation of a Digital Business Card including his personal information on AIRSWOP logo background, the exchange of Cards through the SWOP functionality, the collection and storage of its Digital Business Cards.
- PREMIUM Service– AIRSWOP also offers a premium PREMIUM service for additional features including Digital Business Cards whose graphics are customized by the Customer.
- Airswop Assistant Service – The AIRSWOP App provides a paid Airswop Assistant Service to benefit from the features of a dedicated Photo Card Entry service.
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 Price tab.
ARTICLE 4- ORDER
The Order is considered passed when the Client-User downloads the application and finalizes the creation of his personal account on the AIRSWOP App. When the Client-User subscribes to the Premium Service, the Subscription subscription is confirmed when the Customer has been able to verify the details of his Order, his total price and has confirmed his acceptance by clicking on the validation button. Any request to modify the Order may incur additional costs, in particular in case of modification of the personalized graphic or the increase of the number of accounts containing the Logotype Card.
Subscription to the Service grants the Customer one or more licenses to use the Application, under the conditions provided for in these Terms and Conditions.
ARTICLE 5 – RATES
Clients may benefit from the Basic Service free of charge (excluding connection costs and telecommunication costs which are borne by Customers). Customers who wish to benefit from the Premium Service subscribe to a paid subscription for a period of one year, renewable by tacit agreement. It is provided at the current rate on the website www.airswop.com. The prices are expressed in Euros, HT and TTC. Upon the provision of the Services ordered, AIRSWOP issues the invoice and sends it to the e-mail address provided by the Customer.
ARTICLE 6 – PAYMENT OF PREMIUM SERVICE
Method of payment – The Customer proceeds to the payment of the choice: the day of the Premium Service Order by credit card via the website (1) or by monthly deduction at the beginning of each month (2). In the latter case, the Customer is required to provide his RIB to AIRSWOP. It is billed 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 Client’s place of transaction, different foreign exchange transaction fees or prices may apply.
When paying online, the banking information is entered 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 Customer. Only the Client’s bank and the receiving bank, Crédit Mutuel, have access to the bank data for the purpose of executing the payment.
Default or late payment – AIRSWOP will not be required to proceed with the commissioning of the Premium Service if the price has not been paid in full under the conditions indicated above. Any default or late payment, after formal notice remained unsuccessful, entails the application as of right of a surcharge equal to the legal interest rate in effect on the day of billing. This increase is calculated on the amount excluding taxes for unpaid amounts, for indivisible periods of one month from the first day of delay.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Pursuant to Article L.221-28 of the Consumer Code, the Premium Service Customer has no right of withdrawal due to the provision of a personalized Business Card included in the Premium service.The validation of the Premium Services Order implies unreserved acceptance 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 the maintenance and restoration services of 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, errors or slowdown, and will provide the Service as available. The Customer and the User are advised that the Service may be temporarily suspended at AIRSWOP’s sole discretion. technical reasons.
ARTICLE 9 – OPERATION OF THE APPLICATION
Each User has a personal space that allows him to collect Business Cards and store them in the Application for a period that may be limited.
When the User is positioned on the SWOP tab, he makes his Map visible to Users who are also on the SWOP tab, at a distance of about 1 meter to the round (thanks to geolocation). At the same time, Users on the SWOP tab within a common perimeter will be able to click on the Maps they wish to collect and add to their database.
Any Customer or User is informed that the collected Business Cards are not stored indefinitely in the application under the regulations on the protection of personal data. Cards are deleted in particular within 3 months after the removal of a User’s Account and within one year after the uninstallation of the Application. Customers and Users are advised to save or save contact information acquired on AIRSWOP on their mobile devices or any other medium.
Users have several buttons allowing them to access the collected cards according to different criteria: the latest cards viewed, the latest collected cards, favorite cards, alphabetical sorting by names of card holders or company names, sorting by quality of prospects, customers etc. These features may change and be modified.
More information is available on the website www.airswop.com.
Users and Beneficiaries have a button guaranteeing the confidentiality of their Business Cards with regard 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 Administrating and Responsible Users will also not have access to the Card whose confidentiality is protected.
ARTICLE 10 – ACCOUNTS OF BENEFICIARIES
Professional Clients may order access to several Accounts for Beneficiaries such as employees. Any Recipient is a User who is bound by the same rules of use set forth in these Terms and Conditions. To access the Application, the Beneficiaries must download the Application and create an Account with identifiers that will be sent to them by the Client. The Beneficiaries are informed that the holders of the Administrator Accounts designated by the Client have statistics on the use of their Account and a visibility on all the Cards collected.
ARTICLE 11 – RIGHTS AND DUTIES OF THE CUSTOMER AND ANY USER
All Client and User agrees to:
– Undertake a use of the Application in accordance with its purpose;
– Use the Application in respect of 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 his identifiers and passwords.
Any Customer and User is prohibited from:
– Create an account under a false identity or by usurping the identity of a natural or legal person;
– Make use of unlawful, excessive or infringing data;
– Transmit, post, distribute false or misleading information;
– Communicate to AIRSWOP false bank details;
– Disseminate defamatory, abusive, obscene, racist, xenophobic, hateful content or apology for a crime against humanity;
– Harassing or embarrassing Users or third-party users;
– Infringe the intellectual property rights of AIRSWOP, its Customers, Users or third parties through the use of the Application;
– Committing a criminal offense or any act of unfair competition, economic parasitism, counterfeiting, any invasion of privacy, the reputation of a legal or physical person, when using the AIRSWOP Services and Mobile App ;
– Extract or attempt to extract, in whole or in part, the database of contacts and digital Business Cards of a User; or to access personal data that are not intended for him;
– Transmit, download to the Application or the AIRSWOP Website, in any manner whatsoever, any virus where elements, file codes, programs, create a saturation or flood the server, and any action intended to disrupt 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 AIRSWOP Application or the AIRSWOP Website or in a personal space of a User.
The Client and the User are informed that the Penal Code reprimands attacks on the automated data processing system in articles 323-1 to 323-7 and in particular:
– Fraudulently accessing or remaining in all or part of an automated data processing system;
– The deletion or modification of data contained in the system, the alteration of the operation of this system;
– Hinder or distort 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 fact, without lawful reason, of importing, holding, offering, assigning or making available any equipment, instrument, computer program or any data designed or specially adapted to commit one or more of the offenses set forth in Articles 323-1 to 323-3.
Anyone guilty of these offenses incurs a fine of € 30,000 to € 75,000 and two years to five years of imprisonment.
To report an abuse or any behavior that would affect it, any User or Customer can contact AIRSWOP at the email address email@example.com
ARTICLE 12 – WARRANTY AND LIABILITY
Legal guarantees– AIRSWOP undertakes to deliver a Service as described in Article 3 “Description of the Service” and in accordance with the Order. Concerning the paying Services, AIRSWOP is held with the conditions of legal guarantees of conformity envisaged in articles L.217-4 to L217-13 of the Code of consumption and hidden defects provided for in articles 1641 and 1648 of the Civil Code. AIRSWOP will refund or rectify, without generating excessive costs for the company, services deemed to be defective as soon as possible. The refund will be made by credit to the Customer’s bank account or by check payable to the Client. The AIRSWOP guarantee is limited to the reimbursement of the services actually paid by the Client. Outside the paid services, AIRSWOP can not be held responsible for any compensation whatsoever due to a non-conformity or a hidden defect.
Limitation and exclusion of liability – AIRSWOP is bound by an obligation of means. AIRSWOP can not be held liable for any special, indirect or immaterial damage and more generally for any damage resulting from operating losses, data loss, loss of opportunity, damage to reputation or loss of use. of a right or property, a loss of profits, the deprivation of a third party service, and more generally any loss of an economic nature that may result from the provision of the services sold. Any guarantee is excluded in case 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 outside of its control, such as the transmission of the User’s personal data to a third party or to another User, excessive or unwanted contact, or any form of harassment. Any action for damages can not result in charging AIRSWOP compensation greater than one and a half times the amount of its benefit excluding tax.
AIRSWOP complies with the French regulations in force and the regulations of the European Union. The responsibility of AIRSWOP can not be committed in case of non-compliance with the legislation of another country in which the Service would be provided, that it is up to the Customer, who is solely responsible for the choice of the Service requested, to check.
ARTICLE 13 – INTELLECTUAL PROPERTY
Rights of AIRSWOP– AIRSWOP holds all the intellectual property rights on the Mobile Application, as well as on the AIRSWOP trademark. It also owns any logo, drawings and identification signs, texts appearing on its commercial documentation. The rights of Users on the Application are limited to those described in these Terms and Conditions. Any Customer, User or Beneficiary is prohibited from modifying, copying, reproducing, representing, downloading, distributing, transmitting, exploiting commercially and / or distributing in any way 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 infringement.
Rights of the Customer– The Customer 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 word mark, figurative or semi-figurative, and the graphic elements (logo, graphic charter) created by AIRSWOP on behalf of the Customer as part of the Premium Service. The Customer grants to AIRSWOP, for the whole world and the duration of subscription to the Service, a license to use the contents protected by an intellectual property right within the framework subscription to the Services and its use. It authorizes AIRSWOP to modify these contents in order to respect the graphic charter of the Services and to make them compatible with the Application. The Client guarantees AIRSWOP that the data and contents transmitted by him via the Mobile Application do not infringe on the intellectual property rights or right to the image of third parties and guarantees AIRSWOP against any related compensation that would be required to AIRSWOP.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
14.1 AIRSWOP is responsible for the processing of personal data operated on its behalf namely treatments allowing the management of the customer relationship, the proper functioning of the Application and the website, the evaluation of the performance of its application tool.
AIRSWOP is a subcontractor for the processing of personal data on behalf of its customers, through the service it offers. As such, any natural or legal person using the application for his own account is responsible for processing and undertakes to respect the protection of personal data.
14.2 By entering into the contract, ie validating the creation of an Account, the User consents to the processing of his personal data for the purpose of the Service, including collection, storage and distribution. (at its discretion or that of third parties depending on the setting chosen) of his personal data.