End-user license agreement

Introduction

The present terms and conditions of use define your rights and duties within the law. If you do not accept certain or all these conditions of use, do not use the Service and do not reach it.

Our company is proud to have created the mobile application EnjoyUp which is designed to satisfy the need to discuss freely between users, to capture and share the main part of the conversations between people, on subjects of your choice.

For more understanding, we shall use the generic word of « services » to indicate the fact of using the application but also of using other services such as our support (in case of a paying subscription).

So, the term “customer” indicates the people or legal entity having bought a paying subscription intended to satisfy professional uses; whereas the term  « user » means every people using the application, including “free” used.

EnjoyUp is available on the main applications stores (Android, Apple) in « Free » used download, it means that you make the commitment not to use the application for professional goals, except for buying one of the subscriptions dedicated on our website https://enjoyup.io

In other words, the “Free” use is authorized in a strictly private frame for the people on their groups and subjects.

We work on the implementation of the new requirements of the RGPD (General regulation of the data protection), the plan of harvest, treatment and provision of the data of the users is in the course of definition and of realization.

Our teams are worried about the respect for private life and adhere to the principles of reversibility, recovery of personal data and will work hard to satisfy needs bound to these new regulations in terms of security, protection, transparency and confidentiality of your data.

 

Who can use our services ?

The user of our services must be more than 15-year-old, our services are not intended at least of 15 years old and should not be used by these.

We consider that when you enter the age of the exchanges with friends for a personal use, EnjoyUp is a simple tool to exchange simply in topics.

Thus, you declare that you will respect these conditions and any laws, rules and applicable regulations, at the local, regional, national or international level.

If you use the Services in the name of a company or in the name of another entity, you declare that you are authorized to give all the rights established in these conditions and that you accept these conditions in the name of the company or in the name of your private organization.

A synthesis of what you can do or not

We grant you a personal, world license, free of fee, not transferable, non-exclusive, revocable and not being able to be the object of a sublicense, an access to the services.

This license only allowing you to use and to take part of of the Service, according to the present Conditions and to respect good practices, respectful of others.

Our application can download automatically updates integral of the functional corrections, you can deactivate these automatic downloads in the settings of your mobile device.

It’s the same for the notifications generated by activity within the application of your members of groups and subjects.

You cannot copy, modify, distribute, sell or rent all or part of our services, nor proceed to an operation of inverse or reverse engineering or try to extract the source code of the software, unless the laws forbid these limitations or if we gave you our written permission.

The use scope of the services

We allow the free use of the application for the private, non-profit of the users.
The exercise of the own business of the user, its profession, the use for whom the user receives directly or indirectly a financial compensation, the teamwork with colleagues, suppliers, customers or any third (third party) bound to the business activities of the user are qualified as “professional” uses of the service.

In case of a professional use, we ask you to purchase a licence adapted to your needs via our website : https://enjoyup.io

Our charter of best practice

You are free to create your groups, to define your subjects (topics) and to gather who you want on EnjoyUp!
Then, it is necessary to respect any laws and thus well to watch your contents which do not have to contain any elements liable to breaches whether it is for the local, regional, national and international level.

You, as well as the people guests in your subjects (topics), whether it is by yourself or by the members of your groups, are not authorized to publish, by means of the Service, by means of the photo or contained with discriminatory, illicit, fraudulent, hateful or pornographic or sexually suggestive. It’s the same for the slanderous and aggressive behavior.

You, as well as the people guests in your subjects (topics), whether it is by yourself or by the members of your groups, are not authorized to write or to discuss orally subjects related to illegal activities.

You, as well as the people guests in your subjects (topics), whether it is by yourself or by the members of your groups, undertake not to request people whom you do not know, nor to try to usurp the identity of another user or customer, and in a general way to watch what takes place in your groups and topics.

You, as well as the people guests in your subjects (topics), whether it is by yourself or by the members of your groups, are not authorized to spread advertisements, promotions or commercial contents not wished by the members of the group.

You, as well as the people guests in your subjects (topics), whether it is by yourself or by the members of your groups, are responsible for the confidentiality of your respective passwords and to take the adapted measures.

The responsibility limits, yours, ours

While waiting for the implementation of our plan to satisfy the new general regulations of the data protection (RGPD), we guarantee that the present informations in the database of the application, are collected in the respect for the french law ” Informatique et Libertés ” of January 6th, 1978.

The User and the customer recognizes that the information resulting from the Database cannot be considered as exhaustive.

We make a commitment to execute our obligations diligently, according to the best practices of the application publishers. As such, we are only kept of a best effort undertaking.

The professional customer has to make sure, before using the Service, that the Service meets his needs and he is solely responsible for the adequacy of the Service to his needs and to his computing equipment, so material as software, for the qualification of his staff and for the use which he makes and results he obtains from it.
On this point, our teams are at your disposal by messaging: hello@enjoyup.io

We can’t guarantee that the functioning of the application is continuous and without error. We can interrupt the access to all or part of the application either one of its bound Services, in particular for operational reasons, maintenance or in case of emergency, without the Users or the customers can claim any compensation nor look for the responsibility of our company.

Our responsibility could not be engaged if the User or the customer did not respect any obligations of these conditions, or of the legislation and of the current laws.

Our responsibility can’t be committed in conformance with the breaches or the attributable damage in whole or in part to an independent cause from its will such as in particular.

As this list isn’t restrictive, failure of his internet access provider or mobile internet access, its host, intrusion of third, case of « force majeure » (absolute necessity) , technical incident on the networks wich we don’t have the control (telecommunication, electricity, internet or other), external part action, a government fact, a use of the application by the user not respectful rights of the third parties or laws and regulations, carelessness, fault, error or breach of a user, in particular error of manipulation, use by people doesn’t have good skills with the material or the mobile operating systems.

We cannot be responsible of any indirect or fortuitous consequence, or of damage andor indirect, material or immaterial damages, bound to the use of the application.

We cannot be held responsible for inconveniences or damage inherent to the use of the internet network, such as in particular presence of computer viruses or spywares, or consecutive to the hardware and the software used by the User on his own computer system as well as of its operating system and the mobile software, even whith the consumption of data within the framework of his(her) contract with its mobile phone operator/supplier.

In any event, in case of involvement of our responsibility whatever the reason, the total of the compensations could not exceed the amount of the sums paid by the customer during three (3) months preceding the generative event of responsibility.
The User and the customer are only responsible for the use which he makes of the application and the consequences of this use.

Security services

Our teams worked to bring you a quality service dedicated to our customers through the following actions :
– A joint management with our partners of the configuration of hosting services
– The management of the security of the application in terms of viral protection, correctives of security, secure authentification
– The confidentiality, the control, the filtering and the traceability of the data flows

We work with partners implanted all over the world and work to eventually host the data of the user and the customer in the closest to his place of use.

 

Our privacy and confidentiality policy

We are interested in study the behavior of use within the application and in a anonymous way and it only in the optics to bring a ceaselessly improved experience on the features. As an example, we do not collect the name of the groups or the subjects, but only how many have been created.

In a concern of transparency, we wish to inform you about the information at our disposal and what we do with :

The data we collect

  • topic creation/deletion
  • topic connection/disconnection
  • group creation/deletion
  • microphone on/off
  • speaker on/off
  • talkline on/off
  • if chat messages are send
  • capture number
  • monthly & daily usage
  • user’s country
  • user’s language
  • user’s device
  • Upper’s OS version
  • crash reports
  • unhandled gestures made by user
  • EnjoyUp version
  • user’s email
  • user’s feedback (send with dedicated feature)

What we are doing with data

 

These data are collected for purposes of statistical analysis in a general way to allow us to understand the way the users and the customers use the application to improve our services and to know for example how much group, subjects, members are created on average.

To communicate with you and with the aim of collecting your opinion and bringing support, we can use your e-mail address.

We need, for safety reasons, to analyze massively and by means of specific tools the flows of data, their frequency and sometimes their contents to prevent any fraud or abuse.

Within the framework of a customer who would have subscribed to an offer, we guarantee a confidentiality level of the contents of the exchanges more adapted to the necessity of the sensitive character of certain exchanges within the service.

It is possible that the customer asks us to act on his private subscription about one or several users or a group, we have to answer his(her) request by communicating, by revealing data or any other information, as it’s respect the current laws in the country of the head office of the company’s customer.
In certain cases, we could ask external companies or individuals, such as processors of third payment, to handle information on our behalf.

Data recovery

We shall answer any request of user or customer concerning the recovery of its data and definitive disappearance of all the connected contents if the latter make a written request for it.

According to the volume of data and according to the methods wished to get back data, it is possible that we apply a reasonable exceptional pricing.

The cases of absolute necessity

None of the parts is responsible in front of other one of the non-fulfillment or the delay of execution of the terms and obligations in case of absolute necessity.

In case of absolute necessity, it is necessary to understand any event, independent from the will of the parts, irresistible, unpredictable and insuperable notion defined by the jurisprudence of the French Courts, and which has the effect of preventing one of the parts from executing its obligations temporarily or definitively.

Applicable right – attributive Clause of competence – Renunciation of a jury trial

The present conditions are under the French laws. In case of contesting relative to its validity, its interpretation and/or its execution, the Court of Bourges (France) will be only competent, even in case of plurality of defendants and application for interim measures.

Each part recognizes by the present the exclusive competence of this court and submits itself to it.

Each party gives up any law of trial in front of a jury concerning any action or any dispute which could result in any way from the contract or bounded to it.

Within the framework of any action or procedure to assert the rights aimed by conditions of use, the prevailing party will be entitled to the refund of its expenses of lawyer, as far as the reasonable with regard to the sums paid for the professional subscription.

Contact us

Do not hesitate to contact us if you have questions on the conditions of use of EnjoyUp.

You can contact us at : hello@enjoyup.io

The effective date of the present conditions of use is fixed on March 16th, 2018.

The original version of these conditions of use was written in French language (France). In case of conflict between a version translated from the present conditions of use and their original version in French, the French version will prevail.

Version

Version 1