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General terms and conditions of use of the “MYdys” mobile application

General Terms and Conditions of Use updated on: 11/29/2022

PREAMBLE

The company FACIL’iti, a one-person simplified joint stock company with a capital of 21,084 euros, whose registered office is located at 16 rue Soyouz - Parc Ester Technopole – 87280 LIMOGES and registered in the LIMOGES Trade and Companies Register under number 834 795 023 (hereinafter referred to as “FACIL’iti”), is a company whose main activity is technological support for accessibility, digital accessibility consultancy, and the provision of online, mobile and offline services and content on all media.

FACIL’iti has developed an application to help people with dyslexia in their daily lives. This Application deciphers, retranscribes and adapts texts captured by the Device in order to make them more comprehensible and accessible to reading and understanding, whatever the nationality of the User.

The User wishes to use the FACIL’iti Application in order to benefit from this digital accessibility solution.

These GTC govern all the different rules of use of the Application published by FACIL’iti.

ARTICLE 1 – DEFINITIONS

The following terms, when used in this Contract with the first letter of the words capitalized, whether in the singular or plural form, shall have the meanings set forth below:

  • Device means the mobile phone or tablet, Apple iOS and/or Android that is compatible with the Application;
  • Application means the software application published and provided by FACIL’iti giving access to the Services, and which is available free of charge in the Apple “App Store” and Google’s “Google Play Store” to be downloaded by the User on their Device. The Application also includes all Content, software, programs, tools, databases, operating systems, documentation and all other elements and services that make up the Application as well as updates. The Application is the exclusive property of FACIL’iti;
  • The GTC refer to the present General Terms and Conditions of Use of the Application;
  • Content means the structure of the Application (design, selection, coordination, expression, presentation and layout) as well as any content published or broadcast on the Application, including in particular editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audiovisual works, data, computer codes or hypertext links;
  • The Contract refers to the contractual whole composed of the GTC and any appendices;
  • Non-Professional means any natural person acting as a consumer or any legal person not acting for professional purposes, as defined in the introductory article of the French Consumer Code;
  • The Services refer to all the services and features offered by the Application. The Services are specified in Article 4 of these GTC;
  • The User refers to any user, adult or minor who has previously obtained parental authorization, whether regular or occasional, who has downloaded the Application for their own needs, within the framework of strictly personal and non-commercial use, with no direct or indirect profit-making purpose.

ARTICLE 2 – ACCEPTANCE – MODIFICATION

Article 2.1 – Acceptance of conditions

By installing the Application on their Device and/or accessing the Application, the User unconditionally and unreservedly accepts the entirety of the GTC defined below, regardless of use. Any unconditional acceptance is considered null and void.

Acceptance of the GTC by the User is materialized by a click on the “Let’s go” button directly accessible during their first login to the Application.

Article 2.2 – Modification of conditions

FACIL’iti reserves the right to modify these GTC at any time in order to adapt them to changes in the Services, technical, legal or jurisprudential developments or when new features are implemented.

These changes will be brought to the attention of the User by any means 30 days before the implementation of said changes.

ARTICLE 3 – ACCESS AND FUNCTIONALITY

Article 3.1 – Legal capacity

The Application and Services are accessible:

  • To any natural person who has full legal capacity to enter into commitments under the GTC. Any natural person, adult or minor, who does not have full legal capacity may only access the Application and Services with the agreement of their legal representative or holder of parental authority;
  • To any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.

Article 3.2 – Technical arrangements

For the proper functioning of the Application Services, the User must have a compatible Device, access to the internet and a customer account in a virtual store to download the Application.

Article 3.2.1 – Essential features

It is necessary that certain features of the Device are activated: mobile data network or wifi access, camera and video camera.

If these features are not enabled or present on the User’s Device, certain Services will not be functional on the Application.

Article 3.2.2 – Internet access

For optimal use of the Application and thus to benefit from all the Services offered, the User must have a sufficient internet connection.

FACIL’iti cannot be held responsible for the malfunctioning of the Application in case of absence or weak internet connection, as specified in Article 9 of the GTC.

All costs of phone connections and internet access shall be borne by the User. FACIL’iti does not provide the User with any material means, in particular phone installation, terminal equipment, software or subscription, to connect to the Application.

Article 3.2.3 – ,Store download

To download the Application free of charge, the User must have a customer account in a virtual store at one of the providers of the Application: App Store or Google Play Store.

FACIL’iti only ensures that the Application is published on the various stores and that the Application is compatible with most Devices on the market. The User is therefore informed that their Device must meet certain requirements relating to their operating system, which can be found on the store.

Due to the large number of different models, FACIL’iti cannot guarantee the perfect compatibility of the Application with all Devices and will therefore not be responsible for any malfunction.

Article 3.3 – Financial arrangements

The User is not required to make any payment for the download and use of the Application which is therefore offered free of charge, except for:

  • Subscription cost with the mobile phone operator;
  • Connection and internet access cost;
  • Possible additional costs for loading data;

In the case of a paid subscription, the financial terms of Article 5 of the GTC shall apply.

ARTICLE 4 – SERVICES

The application helps people with dyslexia in their daily lives. The purpose of this Application is to decipher, retranscribe and adapt texts captured by the Device in order to make them more comprehensible and accessible to reading and understanding, whatever the nationality of the User.

The User shall have access to the Services, in a form and according to the functionalities and technical means that FACIL’iti deems most appropriate.

Article 4.1 – Services

  • The User can take a photograph with their Device, this photograph will be automatically stored in the Device’s image gallery. The Application will then capture the text in that photograph and automatically adapt it according to the set criteria. The personalization criteria include font and font size, letter and word spacing, line spacing, background color and text color, etc.
  • The User can then read the adapted text according to their preferences directly on the Application;
  • The User can use the automatic translation service on the captured text;
  • The User can activate the speech synthesis of the captured and potentially translated text;
  • All personalization setting are saved on the User's Device so that they are retained between each Application use;
  • The User can also use all the functionalities of the Application from an image or a photograph previously stored in the Device’s image gallery;
  • Certain Application services consume “credits” allowing the adaptation, translation and/or reading of the text according to the set criteria. These credits are automatically recharged on a monthly basis, the quantity of which depends on the active subscription, where applicable. The day of renewal of the credits, for example every 15th of the month, is determined by the date of the first use of the Application or the subscription date to one of the paid subscriptions, where applicable. In the Free version, 30 credits are offered monthly.

FACIL’iti also offers the User technical assistance using the following address [email protected]. This address allows the User to communicate by email any difficulty encountered when using the Services.

These Services may be extended or modified at any time by FACIL’iti without its liability being incurred in this respect.

FACIL’iti reserves the right to offer any other Service it deems useful, in a form and according to the functionality and technical means it deems most appropriate.

ARTICLE 5 – PURCHASE OF CREDITS - SUBSCRIPTION

Article 5.1 – Purchase of credits

By downloading the Application, the User has the option of using the Free version free of charge, which incorporates all the Services set out in Article 4 of the GTC.

The use of these Services is limited by a “credits” system which are spent on each use.

The User may increase the number of credits by subscribing to one of the paid subscriptions set out in Article 5.2 of the GTC.

Article 5.2 – Paid subscription

Article 5.2.1 – Types of subscription

The User can also subscribe to two paid subscriptions to extend the number of credits:

  • A Discovery subscription that allows you to extend the number of credits to 600.
  • A Premium subscription that allows almost unlimited use of the Application (without having to worry about a limit of use deemed restrictive), the number of credits is limited to 10,000.

The subscription to a paid subscription is monthly and is automatically renewed.

Paid subscriptions are not transferable.

Article 5.2.2 – Subscription rates

Paid subscription rates are:

  • $2.99 / 2,99€ per month for a Discovery subscription;
  • $5.99 / 5,99€ per month for a Premium subscription.

These rates may be modified at any time by FACIL’iti. In case of a rate increase, FACIL’iti will inform the User by any means at least 15 days before the change takes effect.

In the event of refusal of subscription rate changes, the User will then have the option to terminate their paid subscription under the conditions of Article 5.2.4 of the GTC.

Article 5.2.3 – Subscription payment

Payment of the subscription is made in arrears at the time of subscription and then each month by direct debit by the store until the subscription is terminated by the User.

If a payment is refused for any reason, FACIL’iti reserves the right to terminate the User's subscription under the conditions of Article 14 of the GTC.

Article 5.2.4 – Termination of the subscription by the User

The User may terminate his subscription at any time from the store, according to their own termination conditions.

In this case, the User will not be entitled to a full or partial refund for the current month already paid.

ARTICLE 6 – WITHDRAWAL

In accordance with Article L. 221-28 of the French Consumer Code, in the case of a paid subscription, the User expressly requests to benefit from the advantages of the Application and associated Services, before the expiry of the withdrawal period.

Consequently, the User expressly waives their right of withdrawal of 14 clear days.  No request for withdrawal, cancellation or reimbursement will be accepted for the subscription period.

This waiver shall not constitute a waiver by the User of their other rights as defined in the GTC.

 

ARTICLE 7 – USER OBLIGATIONS

The User undertakes to:

  • Download the Application on their Device exclusively for personal and non-commercial use;
  • Not to copy all or part of the Content except under the conditions listed in Article 15 of the GTC;
  • Not to reproduce the navigational structure of the Application;
  • Not to sell, rent, sub-license or distribute in any way the Application and/or the Content to third parties;
  • Not to attempt to gain unauthorized access to any section or feature of the Services by any means;
  • Not to probe, analyze or test the vulnerability of the Application;
  • Not to breach the security and authentication measures in place on the Application;
  • Not to exploit the Services or the information made available in any way to reveal such information;
  • Make only short quotations, analyses and reproductions for press reviews subject to compliance with Article 15 of the GTC;
  • Use the Application in a normal, non-malicious way that does not impose an excessive or unreasonable load on the Application's infrastructure;
  • Not use any device, software or sub-program to interfere with the proper functioning of the Application;
  • More generally, not to use the Application, Services and/or Content for any illegal or prohibited purpose or to encourage any illegal activity or activity infringing the rights of FACIL’iti or third parties.

ARTICLE 8 – FACIL’ITI OBLIGATIONS

FACIL’iti is subject to a general obligation of means concerning the access and use of the Services. Thus, FACIL’iti will do its utmost to ensure the quiet enjoyment, quality of access, proper functioning and continuity of the Services.

However, FACIL’iti does not guarantee that the operation of the Service will be continuous and without error. FACIL’iti is not responsible for the unavailability, interruption or malfunctioning of the Services, for any reason, and in particular in the event of an update, maintenance, failure of the internet access provider, its host, a breach by a third party or in the event of force majeure.

If necessary, FACIL’iti reserves the right to carry out updates and/or maintenance and/or improvement works, without prior notice to the User.

ARTICLE 9 – APPLICATION SECURITY

Article 9.1 – User risks

It is the User’s responsibility to take all appropriate measures to protect their own data and software stored on their Device against any attack, whatever its form.

Consequently, the User assumes all the consequences that may arise from the use of the Application.

Article 9.2 – Network risk

In the case of a required internet connection, the User acknowledges and accepts the limits and issues of the internet network and for which FACIL’iti cannot be held responsible, in accordance with Article 10 of the GTC.

These excluded issues are as follows:

  • The functional features and technical performance limitations of the internet network;
  • Problems related to the connection, access, availability, failure of the internet network;
  • The risk of internet interruption;
  • The lack of protection of the User's data against possible misappropriation, hacking or external viral attack.

ARTICLE 10 – FACIL’ITI LIABILITY

The User may engage the liability of FACIL’iti as soon as it has previously sent a formal notice by registered letter with acknowledgment of receipt concerning the alleged breach, without any response within 30 days.

It is reminded that FACIL’iti cannot be held responsible in case of:

  • Occurrence of a risk provided for in Article 9 of the GTC;
  • Abnormal, non-compliant, unintended or unlawful use of the Application, in breach of Article 7 of the GTC;
  • The impossibility of temporarily accessing the Application due to technical maintenance, test, repairs or interruptions linked to the nature of the internet network and beyond FACIL’iti’s control, in accordance with Article 8 of the GTC;
  • Damage of any kind to the User, their Device and data/files which are the sole responsibility of the User. It is the User’s responsibility to carry out any back-up measures that they deem necessary;
  • Illegible or unprocessable data in the Application;
  • Defects of any kind on the part of the User, in particular the User’s own fault or the misuse of the Device when using the Application;
  • Unsuitability of the Application with the Device and software used by the User, whose compatibility is the sole responsibility of the User, in accordance with Article 3.2 of the GTC;
  • Force majeure.

The Services are provided by FACIL’iti as is. Consequently, the User accepts that the Application and associated Services are not totally free of errors and defects and that they have not been developed with a view to satisfying their individual requirements, and therefore undertakes to check their compliance with their own needs and constraints.

The User is solely responsible for any direct or indirect, material or immaterial damage caused by them or one of their representatives to FACIL’iti or to third parties as a result of the use of the Application and associated Services.

Accordingly, the User shall not hold FACIL’iti liable for any loss, claim, dispute, damage or expense, including legal or defense costs, asserted by a third party or by another User for any reason and for any financial, commercial or data loss.

It is expressly agreed between the parties that this clause shall continue to apply even in the event of Contract termination by a court decision that has become enforceable.

ARTICLE 11 – GUARANTEE

Each party undertakes to the other and guarantees:

  • That it has the power and authority to accept the GTC, and that it will secure and maintain, during the course of the relationship, all necessary authorizations, if any, to perform its obligations;
  • That it holds or has been granted the rights to use all the intellectual property rights necessary to fulfill its obligations under the Contract;
  • That it will perform its obligations under the Contract in accordance with all applicable laws and by demonstrating and exercising reasonable care and skill;
  • That it will not do or omit to do anything that may result in the other party being in breach of any applicable law or regulation;
  • That it will not denigrate the other party;
  • That it will not use the Application to scan texts that are child pornographic, pornographic, defamatory, insulting, racist, obscene, shocking, violent, xenophobic, revisionist or inciting to hatred, violence or discrimination on the grounds of a person's origin, race, religion, gender, sexual orientation, which are infringing, misleading, deceptive or proposing unlawful, fraudulent or deceptive activities, which are detrimental to the image of a third party, and more generally which are likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any form whatsoever.

The User shall indemnify FACIL’iti against all types of claims, complaints, actions and/or demands that FACIL’iti may suffer as a result of the User’s breach of any of its obligations under the Contract terms.

Consequently, the User undertakes to compensate FACIL’iti for any prejudice that it may suffer and to pay all costs, charges and/or penalties that it may have to bear as a result.

ARTICLE 12 – DURATION

The GTC apply throughout the period of use of the Services by the User from the time of their acceptance under the conditions described in Article 2 of the GTC.

ARTICLE 13 – TERMINATION

FACIL’iti may decide to terminate the provision of the Application at any time subject to giving 15 days’ notice.

Notification of the end of availability will be made by displaying a message on the home screen of the Application.

It is reminded that FACIL’iti does not have to justify its decision to terminate the provision of the Application and that this decision cannot give rise to any compensation.

ARTICLE 14 – PENALTIES

In the event of a breach of one or more of the provisions of the GTC, or any other document drawn up by FACIL’iti, it reserves the right to take any appropriate action and in particular to:

  • Suspend or terminate the subscription of the offending User;
  • Suspend, remove or prevent, without prior notice and at its sole discretion, the access and use of the Application by the offending User;
  • Take any legal action necessary to protect its rights;
  • Notify the competent authorities, where appropriate, to cooperate with them and provide all relevant information to the investigation and prosecution of illegal or unlawful activities.

ARTICLE 15 – INTELLECTUAL PROPERTY

Article 15.1 – Ownership of intellectual property rights

FACIL’iti is the exclusive owner of all intellectual property rights relating to the Application and the Content. Downloading the Application does not confer any right to the User on these intellectual property rights.

In this respect, when acting outside of a license granted by FACIL’iti, the User undertakes to respect the intellectual property rights attached to the elements making up the Application and in particular undertakes not to extract, copy, reproduce, modify, republish, download, display to the public, encode, translate or distribute, permanently or temporarily, all or part of the Content of the Application, by any means and in any form whatsoever, under penalty of legal action.

The User expressly undertakes to ensure that their use of the Application does not in any way infringe FACIL’iti's rights and in particular does not constitute an act of counterfeiting or unfair or parasitic competition.

Article 15.2 – Right of use of the Application by the User

FACIL’iti grants the User a personal right to use the Application and Services which is non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for their own needs to the exclusion of any other purpose. Any other use is subject to the prior and express authorization of FACIL’iti.

In this sense, the User is strictly forbidden to:

  • Make any adaptation, modification, transcription, arrangement, compilation, assembly or disassembly of all or part of the Application and the Content;
  • Create derivative works of the Application;
  • Use software or processes intended to copy the Content without the prior authorization of FACIL’iti;
  • Export the Application, merging all or part of the Application with other software or computer programs;
  • Reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;
  • Extract or reuse, including for private purposes, without prior authorization from FACIL’iti, a substantial part or not of the Content of the Application;
  • Set up systems that may hack into the Application or the Content in whole or in part or that may violate these GTC.

In the event of non-compliance with these prohibitions, FACIL’iti is free at any time to interrupt or suspend access to all or part of the Application and the Services to the User, under the conditions of Article 14 of GTC.

ARTICLE 16 – PRIVACY POLICY / PROTECTION OF PERSONAL DATA

The following Privacy Policy is also accessible via the following link: https://mydys.app/en/privacy-policy .

With the exception of personal data collected by the User sending an email to the helpdesk mentioned in Article 4.1 of the GTC, no personal data concerning the User is collected by the Application.

In accordance with the amended law no.78-17 of January 6, 1978, known as the Data Protection Act and European Regulation no.20116/679 of April 26, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), the personal data potentially transmitted by the User and mentioned in the previous paragraph will be kept within an automated file under the responsibility of FACIL’iti.

It is expressly agreed between the parties that FACIL’iti:

  • Will not carry out any data processing unless instructed to do so by the User and always under the User's sole and exclusive responsibility;
  • Will use all means at its disposal to ensure the security, integrity and confidentiality of the personal data entrusted to it;
  • Will notify the User as soon as possible of any personal data breaches;
  • Will not communicate this data to any third party whatsoever, except to those third parties to whom it is strictly necessary or obligatory to transmit them.

The data collected by the MYdys application is used solely to enhance the user experience and ensure the proper functioning of the services. No personal data is collected without the explicit consent of the user. Usage data is used for statistical purposes and for the proper execution and continuous improvement of the services.

FACIL'iti uses the "Google Analytics for Firebase" service solely for the purpose of sending notifications to the User and collecting certain usage data. The only data collected by the Application are usage data used for statistical purposes and for the proper execution and continuous improvement of the Services.

Images or photographs uploaded to the Application by the User, as well as captured texts, are processed via FACIL'iti services, which use certain AWS and Google solutions to provide the User with all the functionalities described in Article 4 of the GTC. These data are not collected by FACIL'iti.

ARTICLE 17 – FORCE MAJEURE

FACIL’iti shall not be held responsible or considered to have failed to comply with the GTC for any delay or non-performance when the cause is linked to a case of force majeure.

All facts or circumstances that are compelling, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. These include, in particular, hacker attacks, unavailability of materials, supplies, spare parts, personal equipment, interruption, suspension, reduction or disruption of electricity or electronic communications networks.

ARTICLE 18 – GENERAL PROVISIONS

Article 18.1 – Partial nullity

The annulment of one of the stipulations of the Contract will only lead to the annulment of the Contract as a whole, insofar as the disputed stipulation can be considered, in the minds of the parties, as substantial and determining, and its annulment calls into question the general balance of the Contract.

In the event that one of the Contract stipulations is deemed to be unsubstantial, the parties shall endeavor to negotiate an economically equivalent provision.

Article 18.2 – Waiver

The failure of one of the parties to rely at any time on the full and punctual performance of any Contract provision shall not constitute a waiver of any subsequent reliance on such provisions or of any right arising from any Contract breach, unless expressly made in writing and signed by one of the parties.

Article 18.3 – Evidence

The parties agree and declare that text messages, emails, instant message exchanges and any digital file that may have been communicated to them in the context of the conclusion and performance of the Contract, constitute original documents that are admissible before the courts and have the same evidential value as paper documents, provided that the person from whom it emanates can be duly identified and that it is drawn up and stored in conditions that guarantee its integrity in accordance with Article 1366 of the French Civil Code.

ARTICLE 19 – APPLICABLE LAW - COMPETENT JURISDICTION

These GTC are subject to French law.

The GTC are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the case of a dispute.

In the event of any difficulty concerning the validity, interpretation, performance or termination of the GTC, the parties shall endeavor to resolve their dispute amicably.

In the absence of an amicable agreement between the parties, and subject to the public policy provisions applicable to jurisdiction, the dispute shall be submitted to the competent courts under the conditions of common law.

ARTICLE 20 – MEDIATION

Pursuant to Regulation no.524/2013 on the online settlement of consumer disputes, the Non-Professional User is hereby informed that any dispute arising from these GTC may be brought before the online dispute resolution platform accessible via the following link: https://ec.europa.eu/consumers/odr.