Customer : The natural or legal person and signatory of the General and Special Conditions for all services procured from Supplier, including free services.
Applications : Computer files of mobile application software type (.app, .ipa, .apk) destined to iOS (Apple) and Android (Google) platforms and which may be made available through the Service.
Customer identifier : The email address of the Customer, used to create an account for services procured from the Supplier and enabling access to the management interface.
Software : All programmes, procedures, rules and documentation which relate to the functioning of the data processing system enabling access to the Service.
Service : Designates the service, called "AppsFore", provided by the Supplier against payment or free of charge, in accordance with the contract signed by the Customer.
Installation : An operation by which a user can load an Application on an iOS or Android mobile device.
The Customer confirms having verified the compatibility of the Service against their requirements, and having received from the Supplier all the information and advice necessary to making an informed decision to subscribe to the AppsFore Service.
The purpose of this agreement is defining the technical and financial conditions under which the Customer is obligated to the Supplier.
These General Conditions of Service, supplemented if necessary by Special Conditions and/or appendices proposed by the Supplier shall prevail over all other conditions, and especially those of the Customer, for any order placed by the Customer for the services of the company the Supplier.
The Service offered by the Supplier free of charge is also governed by these general terms and conditions.
AppsFore is a service facilitating the installation of iOS and Android application accessible via the internet using various devices (computer, mobile iOS and Android device, ...) and through which the Customer can share an application he has made or is the owner of to his users for testing purposes during development or internal distribution.
The Service is a set of tools related to mobile applications and platforms, including a storage space. After the upload of an application, the Service generates a URL address through which the Customer can give access to the installation of the application to his users.
The Service is thus legally classified as a public online communication service.
The Service is depending on the installation constraints and rules imposed by the provides of the target platforms: Apple for iOS, Google for Android. The Supplier puts in place the necessary tools to facilitate the installation, respecting the constraints and rules of these platforms. In the event of a change in these constraints or rules or failure by the Customer to comply with these rules, the Supplier can not guarantee the correct functioning but will do what will be possible to try to adapt the Service or to help the Customer to restore proper functioning.
The Service requires the Customer to have a compatible web browser (Safari, Chrome, Firefox) in a compatible version (Safari 8+, Chrome 50+, Firefox 45+). Users of the Customer must have a mobile terminal of the relevant platform (iOS or Android) in a compatible version (iOS 4.0+, Android 4.0+).
The Customer has taken note of the rules and options associated with each offer free without account, free with account and paying displayed on the site: number of installations per application, duration of availability, support, ...
The creation of the Customer's account is not necessary to use the service with the offer "free without account". If the customer wishes to use the service with the offer "free with account" or one of the paid offers, the creation of the account must be done on the site https://www.appsfore.com. He will be asked his e-mail address and to choose a password.
In addition, the Customer will receive an e-mail requesting him to confirm the activation of his AppsFore account. The Customer will have to click on the link indicated in the email, in the absence of activation within three (3) days, the Supplier will suspend the Service and eventually delete the data.
As soon as the Customer's account is created, the Service is activated (offer "free with account").
For any subscription of a paid offer of the Service, the Customer will be invited to register a means of payment on the site in order to allow the payment of the subscription. As from the validation of its payment by the Supplier, its paying service will be activated.
The bandwidth is generally estimated at 100 Mbit/s up and down, but may be lower or higher at certain times. The connection rate also depends on the quality of the internet connection of the Customer and that of its users.
During the use of the Service, consultation, modification of options or settings, deletion of data is done by the Customer directly from the management interface of his account.
the Supplier is committed to taking all the care and diligence necessary to providing a quality Service, conforming to the customary professional practices and the state of the art. the Supplier is only subject to an obligation of means.
The Supplier will not be held liable:
If the execution of this Agreement, or the obligations of the Supplier hereunder, is prevented, limited or disrupted as a result of fire, explosion, the failure of transmission networks, the collapse of installations, epidemics, earthquakes, floods, power failure, war, embargoes, laws, injunctions, government orders, strikes, boycotts, the withdrawal of the telecommunication operator's license, or any other circumstance beyond the reasonable control of the Supplier ("Event of Force Majeure"), then subject to a providing the Customer with prompt notification, the Supplier will be exempted from execution of its obligations within the limits of any such impediment, limitation or disruption. Likewise, the Customer will also be exempted from the execution of their obligations insofar as the obligations are affected by the impediment, limitation or disruption, provided that the affected party uses its best endeavours to prevent or mitigate the cause. The party affected by an Event of Force Majeure shall keep the other party duly informed by email of the expected duration of this Event of Force Majeure.
Where the effects of an event of Force Majeure continue for more than 30 days after the date of the other party being informed of the said event, this Agreement may be lawfully terminated by either party, without either being entitled to any indemnity.
It may also be terminated due to misconduct on the part of the Customer, particularly in the following cases:
- deterioration of the Site or one of the tools provided,
- improper use of the Service by the Customer or his users, fault, negligence, omission or failure on their part, or failure to follow the advice given,
- divulgation or unlawful use of the password created by the Customer,
- fault, negligence or omission by a third party over whom the Supplier has no monitoring or supervisory powers,
- a request for temporary or definitive interruption of the Service, made by a competent administrative or legal authority, or notification by a third party bearer of rights,
- partial or total destruction of the data transmitted or stored, resulting from errors directly or indirectly attributable to the Customer,
- partial or total non-compliance with an obligation and/or failure of the network operators providing access to the internet, especially the Customer's or his users access providers.
The compensation due from the Supplier in the event of any Service failure resulting from a fault attributable to the Supplier will correspond to the direct, personal and certain loss linked to the failure in question, with the express exclusion of any consequential damages, including in particular commercial loss, loss of orders, damage to the brand image, any other commercial issue, loss of profits or customers (for example, inappropriate disclosure of confidential information due to defects or piracy of the system, third party actions against the Customer etc).
In any event, the total damages and interest which may be claimed from the Supplier, where its liability is invoked, will be limited to the total sums paid by the Customer to the Supplier for the period in question or invoiced to the Customer by the Supplier, or to the total sum corresponding to the price of the Service, for that part of the Service for which the liability of the Supplier has been invoked. The lesser of the aforementioned sums will be considered. For free offers, that amount will automatically be limited to one (01) euro inclusive of taxes. Any liability action brought by the Customer against the Supplier must commence within 12 months of the event giving rise to the damage. No actions may be brought against the Supplier after that date.
Where the Supplier is required to take any protective measures required for managing its infrastructure in connection with the Service, the Customer is responsible for taking all the necessary measures to safeguard his data in case of loss, alteration or deterioration of the stored data for whatever reason, including any cause not expressly mentioned herein. Likewise, all costs incurred for the recovery of data shall be borne solely by the Customer. The Supplier shall not be held liable for any loss or deterioration of the data of Customer.
The Supplier bears no responsibility whatsoever for the propagation of the data stored by the Customer or his authorised users.The Customer recognises that no stipulation of this Agreement will release him from the obligation to pay all amounts due to the Supplier for the services rendered.The Supplier has no intention of knowing the nature of the data stored by the Customer, and in that sense the Supplier declines all liability regarding the type of data that may be stored, transferred or exchanged through the Service. Likewise, the Supplier reserves the right to verify the conformity of the Customer's use of the Service and in this context may verify the type of data transferred, stored or exchanged by the Customer. Under such circumstances, where the Supplier identifies inappropriate content, the Customer's Service will be immediately suspended and terminated in accordance with the law.
The installation of an application of the Customer on a mobile device of one of his users is under the sole responsibility of the Customer. The Supplier shall not be held responsible for any damage caused by the installation operation or by the application of the Customer on the device of his users.
The Supplier reserves the right to carry out maintenance works on the AppsFore infrastructure. The Customer acknowledges that the Service may be unavailable for the duration of the maintenance works. The Supplier will make every possible effort to limit the duration of the works and any disruption caused.
Likewise, the Supplier reserves the right right to impose any limitations intended to guarantee the sustainability of the infrastructure including, but not limited to: bandwidth restrictions, interruption of uploads and downloads, ...
Customer : The natural or legal person and signatory of the General and Special Conditions for all services procured from Supplier, including free services.
Applications : Computer files of mobile application software type (.app, .ipa, .apk) destined to iOS (Apple) and Android (Google) platforms and which may be made available through the Service.
Customer identifier : The email address of the Customer, used to create an account for services procured from the Supplier and enabling access to the management interface.
Software : All programmes, procedures, rules and documentation which relate to the functioning of the data processing system enabling access to the Service.
Service : Designates the service, called "Diawi", provided by the Supplier against payment or free of charge, in accordance with the contract signed by the Customer.
Installation : An operation by which a user can load an Application on an iOS or Android mobile device.
The Customer confirms having verified the compatibility of the Service against their requirements, and having received from the Supplier all the information and advice necessary to making an informed decision to subscribe to the Diawi Service.
The purpose of this agreement is defining the technical and financial conditions under which the Customer is obligated to the Supplier.
These General Conditions of Service, supplemented if necessary by Special Conditions and/or appendices proposed by the Supplier shall prevail over all other conditions, and especially those of the Customer, for any order placed by the Customer for the services of the company the Supplier.
The Service offered by the Supplier free of charge is also governed by these general terms and conditions.
Diawi is a service facilitating the installation of iOS and Android application accessible via the internet using various devices (computer, mobile iOS and Android device, ...) and through which the Customer can share an application he has made or is the owner of to his users for testing purposes during development or internal distribution.
The Service is a set of tools related to mobile applications and platforms, including a storage space. After the upload of an application, the Service generates a URL address through which the Customer can give access to the installation of the application to his users.
The Service is thus legally classified as a public online communication service.
The Service is depending on the installation constraints and rules imposed by the provides of the target platforms: Apple for iOS, Google for Android. The Supplier puts in place the necessary tools to facilitate the installation, respecting the constraints and rules of these platforms. In the event of a change in these constraints or rules or failure by the Customer to comply with these rules, the Supplier can not guarantee the correct functioning but will do what will be possible to try to adapt the Service or to help the Customer to restore proper functioning.
The Service requires the Customer to have a compatible web browser (Safari, Chrome, Firefox) in a compatible version (Safari 8+, Chrome 50+, Firefox 45+). Users of the Customer must have a mobile terminal of the relevant platform (iOS or Android) in a compatible version (iOS 4.0+, Android 4.0+).
The Customer has taken note of the rules and options associated with each offer free without account, free with account and paying displayed on the site: number of installations per application, duration of availability, support, ...
The creation of the Customer's account is not necessary to use the service with the offer "free without account". If the customer wishes to use the service with the offer "free with account" or one of the paid offers, the creation of the account must be done on the site https://www.diawi.io. He will be asked his e-mail address and to choose a password.
In addition, the Customer will receive an e-mail requesting him to confirm the activation of his Diawi account. The Customer will have to click on the link indicated in the email, in the absence of activation within three (3) days, the Supplier will suspend the Service and eventually delete the data.
As soon as the Customer's account is created, the Service is activated (offer "free with account").
For any subscription of a paid offer of the Service, the Customer will be invited to register a means of payment on the site in order to allow the payment of the subscription. As from the validation of its payment by the Supplier, its paying service will be activated.
The bandwidth is generally estimated at 100 Mbit/s up and down, but may be lower or higher at certain times. The connection rate also depends on the quality of the internet connection of the Customer and that of its users.
During the use of the Service, consultation, modification of options or settings, deletion of data is done by the Customer directly from the management interface of his account.
the Supplier is committed to taking all the care and diligence necessary to providing a quality Service, conforming to the customary professional practices and the state of the art. the Supplier is only subject to an obligation of means.
The Supplier will not be held liable:
If the execution of this Agreement, or the obligations of the Supplier hereunder, is prevented, limited or disrupted as a result of fire, explosion, the failure of transmission networks, the collapse of installations, epidemics, earthquakes, floods, power failure, war, embargoes, laws, injunctions, government orders, strikes, boycotts, the withdrawal of the telecommunication operator's license, or any other circumstance beyond the reasonable control of the Supplier ("Event of Force Majeure"), then subject to a providing the Customer with prompt notification, the Supplier will be exempted from execution of its obligations within the limits of any such impediment, limitation or disruption. Likewise, the Customer will also be exempted from the execution of their obligations insofar as the obligations are affected by the impediment, limitation or disruption, provided that the affected party uses its best endeavours to prevent or mitigate the cause. The party affected by an Event of Force Majeure shall keep the other party duly informed by email of the expected duration of this Event of Force Majeure.
Where the effects of an event of Force Majeure continue for more than 30 days after the date of the other party being informed of the said event, this Agreement may be lawfully terminated by either party, without either being entitled to any indemnity.
It may also be terminated due to misconduct on the part of the Customer, particularly in the following cases:
- deterioration of the Site or one of the tools provided,
- improper use of the Service by the Customer or his users, fault, negligence, omission or failure on their part, or failure to follow the advice given,
- divulgation or unlawful use of the password created by the Customer,
- fault, negligence or omission by a third party over whom the Supplier has no monitoring or supervisory powers,
- a request for temporary or definitive interruption of the Service, made by a competent administrative or legal authority, or notification by a third party bearer of rights,
- partial or total destruction of the data transmitted or stored, resulting from errors directly or indirectly attributable to the Customer,
- partial or total non-compliance with an obligation and/or failure of the network operators providing access to the internet, especially the Customer's or his users access providers.
The compensation due from the Supplier in the event of any Service failure resulting from a fault attributable to the Supplier will correspond to the direct, personal and certain loss linked to the failure in question, with the express exclusion of any consequential damages, including in particular commercial loss, loss of orders, damage to the brand image, any other commercial issue, loss of profits or customers (for example, inappropriate disclosure of confidential information due to defects or piracy of the system, third party actions against the Customer etc).
In any event, the total damages and interest which may be claimed from the Supplier, where its liability is invoked, will be limited to the total sums paid by the Customer to the Supplier for the period in question or invoiced to the Customer by the Supplier, or to the total sum corresponding to the price of the Service, for that part of the Service for which the liability of the Supplier has been invoked. The lesser of the aforementioned sums will be considered. For free offers, that amount will automatically be limited to one (01) euro inclusive of taxes. Any liability action brought by the Customer against the Supplier must commence within 12 months of the event giving rise to the damage. No actions may be brought against the Supplier after that date.
Where the Supplier is required to take any protective measures required for managing its infrastructure in connection with the Service, the Customer is responsible for taking all the necessary measures to safeguard his data in case of loss, alteration or deterioration of the stored data for whatever reason, including any cause not expressly mentioned herein. Likewise, all costs incurred for the recovery of data shall be borne solely by the Customer. The Supplier shall not be held liable for any loss or deterioration of the data of Customer. The Supplier bears no responsibility whatsoever for the propagation of the data stored by the Customer or his authorised users.
The Customer recognises that no stipulation of this Agreement will release him from the obligation to pay all amounts due to the Supplier for the services rendered.
The Supplier has no intention of knowing the nature of the data stored by the Customer, and in that sense the Supplier declines all liability regarding the type of data that may be stored, transferred or exchanged through the Service. Likewise, the Supplier reserves the right to verify the conformity of the Customer's use of the Service and in this context may verify the type of data transferred, stored or exchanged by the Customer. Under such circumstances, where the Supplier identifies inappropriate content, the Customer's Service will be immediately suspended and terminated in accordance with the law.
The installation of an application of the Customer on a mobile device of one of his users is under the sole responsibility of the Customer. The Supplier shall not be held responsible for any damage caused by the installation operation or by the application of the Customer on the device of his users.
The Supplier reserves the right to carry out maintenance works on the Diawi infrastructure. The Customer acknowledges that the Service may be unavailable for the duration of the maintenance works. The Supplier will make every possible effort to limit the duration of the works and any disruption caused.
Likewise, the Supplier reserves the right right to impose any limitations intended to guarantee the sustainability of the infrastructure, including, but not limited to: bandwidth restrictions, interruption of uploads and downloads, ...
ARTICLE 5: OBLIGATIONS AND LIABILITY OF THE CUSTOMER
The Customer undertakes to obtain the powers, authorities and capabilities necessary for the conclusion and execution of the obligations stipulated herein.
The Customer undertakes to provide the Supplier with his accurate and up-to-date personal information, and bank details (for paid services) on creation of the customer account.
The Customer is solely and wholly responsible for the passwords needed to use the Service. the Supplier is released from all liability for any illicit or fraudulent use of the passwords generated by the Customer. The provision of passwords is regarded as confidential. The Customer will solely be liable for any suspected disclosure of the passwords provided, whether intentional or not, whereas the Supplier will be exempt of all liability. In the event of a request for change of the password by the Customer, the Supplier reserves the right to charge for this service on a time-spent basis.
The Customer will be solely liable for the consequences of any malfunctioning of the Service resulting from use by the Customer himself, his users, or any person to whom the Customer has supplied his password(s). Likewise, the Customer shall be solely liable for the consequences of losing the above mentioned passwords.
The Customer undertakes to comply with all the provisions of laws and regulations in force, and in particular those relating to information technology, digital files, intellectual property and individual freedoms, as well as the rights of the third parties (image copyright, the right to privacy etc.), and will ensure in this regard that the data stored by the Customer or authorised users complies with such provisions.
The Customer remains the sole proprietor of the data and files transferred and/or stored using the Service.
The Customer is prohibited from transferring, storing, copying or sharing data without possessing the full rights or authorisation from the rights-holders.
The Customer is fully liable for any sharing of the data or files stored on the Service. Furthermore, the Customer undertakes not to share the data stored using the Service in a public communication framework. The Customer is reminded that the Service is not intended to be used for mass file exchange, and in that sense the Supplier may impose controls to verify that the Customer's is making correct use of the Service.
The Customer is prohibited from using, storing and/or sharing any content that may violate public order or standards of decency, or any content which incites racial hatred or is denialist, revisionist, violent, obscene, defamatory, or contains bestiality, paedophilia or pornography.
The Customer must guarantee that his users will comply with the obligations stipulated herein.
The Customer undertakes to verify that file transfers carried out using the Site have been completed successfully. The Supplier is released from all responsibility for any failure during the process of transferring or uploading files to the Customer's storage space. The Customer is responsible for taking all necessary precautions to verify that a transferred file has been stored correctly on the Service, and that it has not been compromised or altered. Likewise, the Customer acknowledges that he may be required to transfer a file again in the event of the previous transfer having been interrupted.
The Supplier does not allow that application exceeding the size of the Customer's chosen offer.
The Customer is reminded that using the Service via mobile internet may incur charges from his or his users mobile service provider, and that the Customer or his users is responsible for verifying this. The Supplier is released of all responsibility in the event of the Customer's use of the Service resulting in an invoice being issued by another operator extraneous to this agreement.
The Customer also undertakes to take out all the necessary insurance policies from a firm of reputable standing, in order to cover any losses for which he may be held liable in connection with this agreement or its execution.
Failure by the Customer to comply with the above points, and particularly any activity which may result in civil and/or criminal liability, will entitle the Supplier to disconnect and/or interrupt the Service immediately, without notice, and to terminate this Agreement immediately in accordance with the law, without prejudice to any further damages and interest to which it may be entitled.
The Customer is can use the Service for professional and/or commercial purposes, and is likewise committed to using the Service with due diligence.
The Customer undertakes to pay any sums claimed from the Supplier directly to the third party making the complaint. The Customer also agrees to intervene, at the request of the Supplier, in any claim made against the latter and will indemnify the Supplier in respect of any orders made against it in connection with such a claim. Consequently, the Customer undertakes to make it his personal business to deal with any claim and/or proceedings, of any form or nature, brought against the Supplier and connected to the Customer's obligations under this agreement.
The Customer undertakes to inform the Supplier of any change to his situation within 48 hours, and within 24 hours of any potential loss of passwords.
The Customer agrees to formulate any requests clearly in all communications with the Supplier, according to the rules of usage.
As a file is uploaded by the Customer on Diawi, it is considered accessible on the internet. The address is however known only by the Customer. It may also be protected by a password.
The Customer can share and transfer the address to his users, with the associated password.
The Customer can communicate the contents of his choix to his users through the Service, and assumes full responsibility for this publication.
The Customer is prohibited from publishing content without having full rights to do so and/or having authorisation from the rights-holders.
The Supplier may suspend without notice any publication of content which is the subject of a complaint or notification, and likewise, if it appears that the files made available pose a risk in terms of security (malicious files etc.).
The indexing of the content published by the third party is strictly prohibited and the Supplier reserves the right to take any necessary technical or legal measure in order to put a stop to such activity.
The Supplier reminds the Customer that the Supplier is required to retain a set of personal data in connection with the Service, in order to comply with regulatory and legal obligations.
As such, information such as "names, surnames, postal addresses, email addresses, telephone numbers and connection IP addresses" will be retained by the Supplier for the duration of the Agreement, and for 12 months after expiration of the Service.
The data transmitted by the Customer shall be retained for the statutory period applicable to the provision of evidence. The Supplier is prohibited from disclosing or reselling any personal data relating to the Customer, subject to any provisions to the contrary in the special conditions. Only the subsidiaries of the Supplier will have access to such information.
The Customer also acknowledges that the Supplier may be required to disclose his details at the request of the administrative, regulatory or judicial authorities.
Consequently, the Customer has the right to access, modify, rectify or eliminate any data collected, by contacting the Supplier.
The Customer's connections to the Service will be encrypted through the SSL (Secure Sockets Layer) protocol, regardless of the nature of the connection: navigation, viewing, transfer, upload/download, ...
The Supplier has taken all the technical measures necessary to preserving the confidentiality of the Customer's information. The data stored on the Service is strictly segregated, so that it can solely be accessed by the relevant Customer and never by another Customer of the Diawi service.
The Supplier takes all physical security measures through its hosting provider, aimed at preventing unauthorised physical access to the infrastructures on which the Customer's data is stored.
The Supplier undertakes not to intervene on the Customer's data, outside of exercising the right to duplicate the content of the storage space within the Diawi infrastructure, for the sole purpose of guaranteeing the redundancy of the Service in case of any disruption.
The Supplier makes available to the Customer a technical assistance service accessible via online means in accordance with the Customer's offer.
At the same time, the Customer may consult the documentation relating to the Service, knowledge base or any other document made available by the Supplier.
10.1. Creation of the customer account
To order any paid Service from the Supplier, the Customer must create a customer account, providing accurate and up-to-date personal information and bank details.
10.2 Execution of the order
The Service will be made available after the Supplier has activated the customer account and within a maximum period of 7 days from of the purchase order being paid by the Customer.
Payment is considered to have been made when the amount payable for the Service has been credited to the Supplier account. After that time, if the Supplier has not provided the Service, the Customer may request cancellation of the transaction and reimbursement of any sums already paid.
10.3. Tariff
The services ordered will be described in the purchase order; they are inclusive of all taxes unless otherwise stated and are payable in euros.
The Supplier reserves the right to vary the prices at any time, provided that the Customer is notified by email or an online announcement made on the https://www.diawi.io website in advance. The Customer will have a period of one month from the date of notification to terminate this Agreement without penalty. If the Agreement is not terminated, the Customer will be deemed to have accepted the new tariffs. Price changes will apply to all contracts, and especially ongoing contracts.
The Supplier reserves the right to pass on the cost of any new tax or increase of an existing tax rate, without delay.
The services provided by the Supplier will be due and payable at the time of ordering. The Customer is solely responsible for payment of all sums due under the contract for the Supplier Services. It is hereby expressly agreed that unless deferment is requested in good time and specifically granted by the Supplier in writing, the partial or total non-payment of any sum due under this agreement by the due date will immediately result in the following, without prior notification:
- all of the other sums due from the Customer under the Agreement will become immediately payable, regardless of the stipulated payment terms;
- all ongoing services will be suspended, regardless of their nature may be without prejudice to the Supplier's right to terminate the Agreement;
- it will not be possible to renew or subscribe to new services;
Any complaints regarding invoicing or the nature of the services must be expressed in writing and sent by email to the address on the https://www.diawi.io website within one month of the purchase order being issued.
In the event of costs being incurred by the Supplier, the Supplier will inform the Customer and will pass on the relevant supporting evidence and invoice. The Customer must then pay the amount due in euros.
10.4. Payment
Payments must be made online by bank card, at the time that this agreement is concluded.
10.5. Duration
The Service is subscribed to indefinitely, and the Customer can suspend or cancel his Service at any time by logging in to his account on the https://www.diawi.io website.
For free offers, the Service is subscribed to indefinitely, provided that the Customer regularly logs into the Service. If the Customer does not log into the Service for a prolonged period, he may be notified by email that the Service will expire within thirty (30) days, and he will be invited to visit the https://www.diawi.io website to reactivate it. If the Service is not validated by the Customer within fifteen (15) days, it will be provisionally suspended, and permanently terminated after a subsequent 15 day period.
10.6. Saving a payment method
The Customer must save his bank card details in order to benefit from automatic renewal of the Service. The Customer can manage, change and delete the saved bank card details by logging into the https://www.diawi.io website. The Customer cannot have more than one active bank card in his management interface. The Supplier does not have access to the full bank card number, only the payment service provider has access to this information and undertakes to retain it according to the PCI-DSS (Payment Card Industry Data Security Standard) norms.
10.7. Service renewal
The Service is automatically renewed for a new one-month period provided that the Customer has saved a valid payment method.
Failing this, the Supplier will notify the Customer by email (the Customer is responsible for keeping the email address up-to-date), of the imminent expiration of his Service.
If the Customer fails to renew the Service, the offer will change to "free with account".
As part of a paid offer, any non-payment or irregularities, notably meaning incorrect or incomplete amounts, or payments lacking the required references, or made by any method or procedure not accepted by the Supplier will simply be disregarded and will result in the Supplier rejecting the request for subscription or renewal.
ARTICLE 11: TERMINATION, LIMITATION AND SUSPENSION OF THE SERVICE
11.1. The agreement will be lawfully terminated on expiry.
11.2. Either party may terminate this agreement without indemnity where an event of Force Majeure continues for more than thirty days.
11.3. The agreement will be terminated by law without notice in the event of the Customer failing to meet any essential obligation under this Agreement.
11.4. In the event of termination prior to expiry, the Customer is free to request deletion of their Service, by using the management interface on the site. The Customer can also request termination of the agreement simply by writing to the Supplier at its postal address. The Customer may not claim reimbursement from the Supplier for any sums already paid.
11.5. In all other cases of failure by either party to meet his obligations to the other under the contract, not remedied within 7 days of either an email being forwarded by the plaintiff giving notification of the failures in question, or any other form of valid notification by the said party, the contract will be automatically terminated by law, without prejudice to any eventual damages claimed from the party in breach.
The date of notification of the letter comprising the infringements in question will be the date of the postmark, at the time of the first presentation of the letter.
11.6. The Supplier reserves the right to interrupt the Customer's Service if it poses a threat to the security maintenance or the stability of the Supplier hosting platform. As far as possible, the Supplier will inform the Customer of this in advance.
In case of need, the Supplier reserves the right to interrupt the Service to carry out a technical intervention, so as to improve its operation or to carry out any maintenance works.
The Customer hereby recognises that fluctuations in bandwidth and contingencies affecting the access provider are elements that could lead to discontinuity of the services offered by the Supplier, and which lie outside its technical means.
Furthermore, the Service will be automatically restricted, limited or suspended by the Supplier:
- if the Customer appears to be using the Services provided to him for any activity that does not comply with these General Conditions;
- if the Supplier receives notification to this effect from a competent authority, administration, arbitration tribunal or court in accordance with applicable laws, or from a third party where it appears that the nature of the activity is illegal or of a nature that may invoke the liability of the Supplier;
- if the contact details listed in the Customer's account appear to be false, inaccurate or not up-to-date.
ARTICLE 13: CUSTOMER INFORMATION AND CONFORMITY OF THE SERVICE
The Customer confirms having verified the compatibility of the Service against their requirements, and having received from the Supplier all the information and advice necessary to making an informed decision to sign this Agreement.
The Supplier reserves the right to monitor compliance with the conditions of use of the Service.
The fact that the Supplier does not invoke any of these General Conditions and/or tolerates a failure by the other party to meet any of the obligations under these General Conditions, at any given time, may not be interpreted as the Supplier waivering the right to subsequently insist on any of the said conditions.
The online General and Special Conditions shall prevail over the printed General and Special Conditions. The parties agree that the Supplier can lawfully modify the Service with no other formality than to inform the Customer via an online notice and/or to display the modifications in the online General Conditions. Any amendment or introduction of new subscription options will be published online at https://www.diawi.io or will be sent to the Customer by email. In such case, the Customer may, in exemption from Article 10, terminate the contract within thirty days of these modifications entering into the force.
17.1 Severability
If the event of any clause of the agreement for services procured from the Supplier becoming invalid and unenforceable in application of a law, regulation or decision with res judicata effect by a competent court, the remaining clauses hereof shall remain in full force and effect.
In such event, the parties shall replace the invalid provision, to the extent permitted, with a valid provision that is in keeping with the spirit and purpose hereof.
17.2 Headings
The article headings set out herein are provided solely for ease of reference, on the understanding that they do not have any binding force or specific meaning per se.
17.3 Special Conditions and Appendices
The Special Conditions and, if applicable, their Appendices are incorporated by reference into the Supplier General Conditions of Service and are inseparable from the said General Conditions. All these documents are herein referred to as the “General Conditions”.
All documents incorporated herein by reference can be consulted by the Customer on the https://www.diawi.io website. In addition, these documents are subject to modifications and updates.