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
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 mentioned in Article 4.
“User Account” means the User’s personal interface, allowing him to benefit from the AIRSWOP Services and modify the personal information of their Business Card.
“Special Conditions” means the contractual document supplementing or specifying these 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 take advantage of the features of a dedicated Photo Card Capture 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
In accordance with 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 and 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, sorting alphabetically by cardholder names 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.
They are also informed that the Cards they collect are likely to be the exclusive property of the legal entity putting the AIRSWOP Application at their disposal. As such, they are required to inquire with this legal person, their employer if any.
ARTICLE 11 – RIGHTS AND DUTIES OF THE CLIENT 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 Client and User is prohibited from:
- Creating 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 the attacks on the automated data processing system in articles 323-1 to 323-7 and in particular:
- The fact of accessing or remaining, fraudulently, in whole or in part 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 warranties – 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 an indemnity greater than one and a half times the amount of its service 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 Client- 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 in accordance with the legislation in force.
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.
14.3 Any User is informed that when he sends his Card to a Beneficiary or a User whose Card bears the logo of a company (other than AIRSWOP), his Business Card and personal data on it can be consulted and used. by the users of the company in question with an Administrator account.
14.4 The Beneficiaries are informed that the use they make of the Application gives rise to statistics of use of their Account. These are likely to be transmitted to the controller who makes the AIRSWOP Premium Service available to them.
To know all the treatments, information and rights of persons relating to the processing of personal data made via the Application, please refer to the Personal Data Protection PolicyAIRSWOP.
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, is imperative in respect of the wishes of each User. Therefore, when a User sets his account, makes it clear, or expressly indicates, even orally, that he does not want the User receiving his Card to transmit it to other persons, it belongs to the latter to comply with this desire.
Users have the option of setting up their account to be the sole masters of the distribution of their Card. If personal data is used outside the Application, in particular to deflect the setting blocking the transmission of a Card, AIRSWOP can not be held responsible.
ARTICLE 15 – DELETING THE ACCOUNT AND UNINSTALLING THE APP
Uninstalling the Application
The User may uninstall the App from his mobile at any time without notice. In this case, he will no longer be able to access the Application and the Service unless he downloads it again.
The simple uninstallation does not delete the Account. If the user downloads the application again within one year of the uninstallation, he may recover his account as he 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 three months. Beyond 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 to the following address: firstname.lastname@example.org.
The deletion of the Account entails the termination of these Terms and Conditions. When the User deletes his Account, he no longer has access to the Service. Cards that it has already transmitted will always be visible in the databases of the Recipient Users for a period of six (6) months from the 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 Customer’s breach of these Terms and Conditions, his Account may be suspended by AIRSWOP at any time. The Client, the User and the Beneficiary whose Account is suspended shall be informed by AIRSWOP of the suspension and the reasons thereof.
In the event of a serious and proven breach by one of the Parties to these General Terms and Conditions, the Party that considers itself aggrieved may terminate this contract as of right. This termination will take place 15 days after sending a registered letter with acknowledgment of receipt.
Any termination to 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 may simply delete his account.
In case of subscription, the conditions of termination 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 compliance with a notice period of three months. In case of termination of the contract before the renewal, it may occur at any time before the anniversary date of the subscription.
ARTICLE 17 – FORCE MAJEURE
The responsibility of AIRSWOP can not be engaged in the event of a force majeure event, understood as any event beyond the control of AIRSWOP, which could not be foreseen at the time of the conclusion of these General Conditions and of which the effects can not be avoided by appropriate measures. In addition to cases of force majeure recognized by the case law, the following shall be regarded as cases of force majeure or fortuitous events: any interruption, malfunction, interruption and suspension of the Services provided by the telecommunication operators and the internet access providers; power cuts; malfunctions of computer equipment cooling systems; viruses and cyber attacks for which the means of security recommended by the legislation do not allow their eradication, exceptional weather and natural disasters, strikes, and any change in legislation, regulations and recommendations, imposed by the competent authorities, which would have the effect of effect of substantially changing the General Conditions.
ARTICLE 18 – ASSIGNMENT
AIRSWOP may assign this contract to any company of its choice at any time.
ARTICLE 19 – RENUNCIATION – VALIDITY
The fact of not availing itself at a time of one of the provisions of the General Conditions of Sale and Use can not be a waiver of the right to claim it later. If one of the provisions of the General Conditions and GCU was declared void by the effect of a law, a regulation or a final court decision, this could in no way affect the validity and respect of the others. provisions contained in the General Conditions of Sale, General Conditions of Use and, if applicable, Special Conditions.
ARTICLE 20 – DISPUTES
The parties will seek, before any contentious action, an amicable agreement and will communicate to each other all the necessary information. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the consumer can make free use of a mediator prior to referral to the courts, provided that AIRSWOP and the consumer are established in France. You can use Medicys, 73 boulevard de Clichy, 75009 Paris
Tel: 01 49 70 15 93
These Terms and Conditions are subject to French law. The language of interpretation is French. Any dispute between the parties resulting from the contractual relationship or related to the Service will fall within the jurisdiction of the Commercial Court of VERSAILLES if the Client is a professional or courts competent on the French territory under the conditions of common law if the Customer is not professional or consumer.