DISCLAIMER : THE TRANSLATIONS OF THE TERMS AND CONDITIONS AND PRIVACY POLICY ARE AVAILABLE FOR INFORMATION PURPOSES ONLY.
PLEASE NOTE THAT IN CASE OF LITIGATION OR DISAGREEMENT, ONLY THE FRENCH VERSIONS ARE LEGALLY VALID.
THE FRENCH VERSIONS OF THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY TAKE PRECEDENCE OVER THIS TRANSLATION IN ENGLISH IN CASE OF LITIGATION OR DISAGREEMENT.
1. Purpose of these terms and conditions
a. Definitions
The EIRL (Individual Limited Liability Company) PANETTA designs websites as well as software such as mobile applications. These are intended to be published by us on legal download platforms.
In this document, the terms "these conditions", "this contract", "this document", "terms and conditions", “these terms” refer to the general terms and conditions (“conditions générales d’utilisation et de vente” in French) concluded between the user and the EIRL PANETTA.
In these Terms, the terms "we", "our", and "ours" refer to EIRL PANETTA.
In these Terms, the terms "you", "your", and "yours" refer to the user.
b. Nature of the contract
These terms and conditions apply when you download, use or access any of our software, applications, website, or service through mobile application download platforms. These terms and conditions inform the user of his rights and obligations regarding our products and services. We invite you to read it carefully.
This document is available directly via the platforms from which our software or mobile applications were obtained, as well as on the following website:
https://eirlpanetta.com/
This agreement is concluded for the duration of the license granted to the user.
c. Acceptance and conclusion of the contract
The installation of one of our software or mobile applications, the use of one of our software or mobile applications, or access to one of our services implies the unreserved acceptance of these terms and conditions and as well as our privacy policy. EIRL PANETTA reserves the right to modify these General Conditions of Sale unilaterally and at any time. In the event of disagreement with these new provisions, the user may stop using the software or the mobile application.
This contract is concluded for EIRL PANETTA at its head office, for the user at his home address, on the date of downloading the software or the mobile application and for the duration of the license granted by EIRL PANETTA to the user.
d. Conflict of standards
In the event of a conflict between these terms and conditions and our privacy policy, these terms and conditions take precedence over our privacy policy.
2. Availability, access and use of our products and services
Downloading, using, or accessing our software, mobile applications, websites, or services may require an Internet connection. You agree to take full responsibility for this Internet connection and the costs resulting therefrom, as well as for any mobile data that may be billed to you by your Internet service provider or your mobile operator.
If you are in doubt as to the charges that may be involved in downloading, accessing, or using our software, mobile applications, websites, or service, we recommend that you contact your mobile operator or Internet service provider.
It is possible that our services are partially or totally unavailable for technical or maintenance reasons, whether this is planned or not. However, we do everything we can to reduce the length of service downtime.
3. In-app purchases, virtual items, subscriptions, or currencies
a. General
Our software or mobile applications may include in-app purchases allowing the use of virtual items, currency (such as indices, gold coins, packages, extensions, gems, etc.). You agree that once purchased, these virtual items or currency:
• Can only be used in our software or mobile applications;
• Have no cash value and cannot be exchanged for real or virtual goods or services from anyone. The material value of virtual objects, currency or their balances is zero;
• Are not transferable, and you agree not to transfer such virtual items, or currency to anyone.
You accept and acknowledge that you are in no way the owner of the virtual items, or currency. You are purchasing only a limited, personal, and revocable right to use such virtual items or currency.
We further reserve the right to monitor, regulate, modify, and delete virtual items or currencies without any liability to you.
You are only authorized to acquire virtual objects or currencies, as part of our software, mobile applications, websites or services from us or our authorized partners through our services, and not in any other way.
b. Price modification
We reserve the right to change the prices of virtual items, currency, or service at any time. This implies the transfer from a virtual object, or free currency to a virtual object, or a paid currency and vice versa.
c. Legal age to consent to a contract
People aged 15 or over can access our software, mobile applications, websites, or services and are authorized to make purchases.
On the other hand, children under the age of 15 are not authorized to use our software, mobile applications, websites, or services or to make purchases on these various media.
d. Waiver of the right of withdrawal
Pursuant to Article L221-28 of the Consumer Code in France, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a physical medium, the execution of which has begun after the prior express agreement of the consumer and express waiver of his right of withdrawal.
By accepting our terms and conditions, you irrevocably acknowledge that you expressly waive your right of withdrawal. Thus, you agree that any sale concerning one of our software and / or mobile applications, virtual objects and / or currencies is considered final and that no refund will be granted once the transaction has been completed. The provision of the right to use virtual objects or currencies occurs shortly after purchase. The purchase is considered to be made when you have received your right to use the virtual items or currencies.
e. Purchases linked to a legal download platform account
Some purchases made on your device are linked to your mobile application upload platform account.
The way in which these in-app purchases made to your account are linked depends exclusively on the conditions of the legal mobile application download platform. The terms of management of your account linked to these platforms are subject to your equipment.
Therefore, if you change your device and you do not connect your account to it, or if you disconnect your current account, or if you change accounts, the virtual objects or currencies cannot be restored to you, and no refund will be made.
If your current device is lost or damaged, virtual items or currency may be lost forever and will not be restored if you are unable to connect your account to another device or the terms and conditions of your account on these mobile application upload platforms prevents you from doing so. No refund will be made to you.
f. Purchases stored locally on your device
Some virtual items or currencies may be stored locally on your device. A change of device, an uninstallation and then reinstallation of one of our software or mobile applications, the loss or damage to your current device, can cause the loss of virtual objects and / or currencies. They will not be restored, and no refund will be made.
4. How to download mobile applications
Our mobile apps are available on legal mobile app download platforms.
5. Terms of payment and request relating to the latter
This section only concerns software or mobile applications available on mobile application upload platforms.
The payment is managed and processed by the online platform for mobile applications.
We have no control over the currency, payment, fees involved in these transactions, or even the transfer of funds. Only mobile application upload platforms are responsible for payment terms and operations.
We do not collect any banking data through our software or mobile applications.
When making a purchase, banking data is collected, processed, and managed by mobile application upload platforms.
Therefore, we do not have any refund options.
Any request for a refund or relating to the payment of a purchase concerning one of our software or mobile applications must be made to the platform on which you made your purchase.
6. Early termination of the contract by the user or by the EIRL PANETTA
In the event of a violation of these terms and conditions or of our privacy policy by a user, EIRL PANETTA reserves the right to terminate this contract immediately without any justification. In addition, no refund will be made in this situation.
7. Promotional and advertising messages
EIRL PANETTA reserves the right to display messages of an advertising or promotional nature from advertisers or partners.
However, EIRL PANETTA is not responsible for the content of advertising or promotional messages from advertisers or partners.
8. Intellectual property
a. Copyright
EIRL PANETTA owns all the rights to the original works that we offer. Under Article L335-3 of the Intellectual Property Code, any reproduction, representation or distribution, by any means whatsoever, of an intellectual work in violation of the rights of the author, such as they are defined and regulated by law, as well as any violation of one of the rights of the author of a software defined in article L. 122-6 of the Code of intellectual property of the contents and services offered by the EIRL PANETTA, in whole or in part, as well as software, mobile applications, texts, videos, photos, images, logos, graphics, general structure, etc. by any means whatsoever, in any form whatsoever, on any medium whatsoever without the prior express written authorization, is liable to legal proceedings.
b. Licence
EIRL PANETTA is the sole holder of the economic rights and intellectual property rights over its software and mobile applications, as well as all their content, unless otherwise specified.
EIRL PANETTA grants you a license to use our software, mobile applications, websites, or services under the conditions provided for in this contract. This license is limited to the duration of the subscription, non-exclusive, non-transferable, non-distributable, private, personal, non-sublicensable for the whole world, allowing you to download and install a copy of one of our software and / or mobile applications on the device provided for this purpose.
Your use of this license granted by EIRL PANETTA should be for personal use only.
The license must not be used or exploited for commercial, professional, electoral, promotional purposes, or even to recruit another user or a third person.
Under applicable law, you undertake to:
• Do not reverse engineer, decompile, use any type of algorithms, or disassemble any of our software or mobile applications in any way.
• Do not copy, create, or modify derivative works based on any of our software or mobile applications in any way.
• Not to sublicense, transfer, distribute, rent, lend, grant via a lease any of our software or mobile applications to anyone, and in any way.
• Do not give access to certain features, virtual objects, subscriptions, or currencies of any of our software or mobile applications to anyone, in any way.
• Failure to comply with the above commitments is liable to legal action in order to obtain full compensation for the damage caused to EIRL PANETTA.
EIRL PANETTA reserves all rights to and concerning its software and mobile applications which are not expressly granted to you by these terms and conditions.
The use of the license is granted to you from the moment you accept these terms and conditions, as well as our privacy policy, and this as long as the software and / or the mobile application is available on the legal download platform, provided that you do not violate these terms and conditions, as well as our privacy policy.
EIRL PANETTA does not claim any rights to the content and personal data provided by the user.
9. Unfair competition and counterfeiting
The design and / or distribution of a product similar to one of our software or mobile applications, imitation, denigration, as well as any form of unfair competition, counterfeiting or parasitism is liable to legal proceedings in order to obtain full compensation for the damage caused to EIRL PANETTA.
To license, sublicense, sell, transfer, assign, distribute, commercially exploit in any way, and to anyone any of our software, mobile applications or services is liable to legal action in order to obtain full compensation for the damage caused to EIRL PANETTA.
10. Privacy policy
Protecting your personal data and respecting your privacy are priorities for EIRL PANETTA. It is the user's responsibility to read our Privacy Policy.
With respect to our mobile applications, our Privacy Policy is available directly on legal mobile application download platforms.
11. Responsibilities, obligations, and exclusion of warranty of EIRL PANETTA
a. General
The EIRL PANETTA declines all responsibility in the event of a malfunction in the user's device (said terminal) or in the event of compatibility problems between the application and the device.
EIRL PANETTA makes no warranty as to the software, the mobile application, and their content.
EIRL PANETTA does not guarantee that its software or mobile applications are up to date, complete, adapted to your needs or even free from errors.
b. Responsibilities and obligations of EIRL PANETTA towards legal mobile application download platforms
EIRL PANETTA acknowledges accepting that the legal platforms for downloading mobile applications and their subsidiaries are third party beneficiaries of these terms and conditions and that, upon acceptance by the user of these terms and conditions, the legal mobile application download platforms will have the right (and will be deemed to have accepted the right) to apply these terms and conditions to the user as a third-party beneficiary thereof.
EIRL PANETTA recognizes that legal mobile application download platforms have no obligation to provide maintenance and support services with respect to the licensed software or application.
In the event of a claim by a third party that the licensed software or application or the end user's possession and use of such licensed application infringes the intellectual property rights of that third party, the legal mobile application download platforms will not be responsible for the investigation, defense, resolution and acquittal of any such intellectual property infringement claim.
c. Unlawful actions by users
EIRL PANETTA declines all responsibility in the event of illegal actions liable to civil or criminal penalties or misappropriation of its software, mobile applications, or services, committed by users such as for example and in a non-exhaustive way the organization or planning of an event on the public place, incitement to any type of violence, child pornography, identity theft, scams of all kinds, professional or commercial activities, infringement of all image rights, respect for private life, intellectual property, etc. This list is not exhaustive.
d. Reporting illegal behavior
This part of the terms and conditions only applies to software, mobile applications, or services that connect users to each other.
Under Article No. 6 I.-1. 7 ° of Law n°2004-575 of June 21, 2004 for confidence in the digital economy, we are not subject to any general obligation to monitor the information transmitted or stored via our software or mobile applications, nor to a general obligation to look for facts or circumstances revealing illegal activities.
On the other hand, it is our responsibility to put in place an easily accessible and visible system allowing any person to report illegal behavior, disputed facts, or illegal action within the meaning of Article 6 I.-1. 7 ° of Law n°2004-575 of June 21, 2004 for confidence in the digital economy.
According to Article n°6 I.-1. 5 ° of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, knowledge of the disputed facts is presumed acquired once the user has notified us of the following:
• The identity of the notifier:
o If the notifier is a physical person:
His name.
His first name.
His email address.
o If the notifier is a legal person/entity :
Its social form.
Its corporate name.
Its email address.
o If the notifier is an administrative authority:
Its denomination.
Its email address.
• The description of the contentious content, its precise location and, where applicable, the e-mail address to which it is made accessible.
• The legal grounds for which the disputed content should be removed or made inaccessible.
• A copy of the correspondence sent to the author or to the publisher of the disputed information or activities requesting their interruption, their withdrawal or their modification, or the justification that the author or the publisher could not be contacted if this is required.
A report form is available directly on our site at the following address:
https://eirlpanetta.com/
12. Responsibilities and obligations of the user
a. Minimum age to use our products and services
The minimum age required to use our services is set at 15 years in accordance with the provisions of the GDPR on digital majority.
Consequently, persons under the age of 15 are not permitted to access or use our software, mobile applications, website, or service.
b. Legal use of our software, mobile applications, or services
Your use of any of our software, mobile application or service must comply with the laws in force in the country in which you are located.
In the case where the use of any of our software, mobile application or service is restricted or prohibited where you are located, you must comply with applicable laws and restrict or even cease your use.
c. Accuracy of information provided
You certify that the information provided when accessing and / or using one of our software, mobile applications or services is accurate, exhaustive, and precise.
d. Responsibilities in the event of provision of content
If you decide to publish, transmit, make available or communicate content, that is to say to make public or private any information, data, photo, message, video, image, etc. or any other type of content about you or about a third party, you agree to assume full responsibility for such content and its availability to others.
In particular, you do not have the permission to provide or make available any content:
• May be considered or considered to be unlawful, fraudulent, defamatory, pornographic, inciting hatred, violence or representing a disturbance of public order, obscene, not respectful of the life of others, bearing infringement of private law, etc. in any way and to anyone. This list is not exhaustive.
• Who may infringe the rights of trademarks, intellectual property, authors, or other property rights of third parties.
• Which contain messages of an advertising or promotional nature, which may incite unfair, commercial, unwanted competition, newsletter, etc. in any way and to anyone. This list is not exhaustive.
• That contains computer programs, viruses, scripts, computer code, or any other file intended to harm, corrupt, damage the device, destroy, limit access and functionality to a third party, other users or even to EIRL PANETTA.
• That contains personal or confidential information of others, whether it is a third party, another user or concerning you in any way and to anyone.
e. Responsibilities when using any of our software, mobile applications, or services
You agree that you must comply with all the conditions presented below:
• Respect the privacy of content and messages;
• Respect others;
• Not to copy or save the data of the users of our products or services;
• Do not misuse our products or services, whether they are our software or mobile applications;
• Not to cause or incite public disorder;
• Not to use our products or services to organize gatherings or demonstrations;
• Not to commit an offense or offense punishable by civil or criminal penalties;
• Do not use any robot, algorithm, or tools other than those provided by EIRL PANETTA.
You assume full responsibility for your choices, decisions and the consequences thereof when using the license granted to you.
f. Responsibilities and obligations of the user towards legal mobile application download platforms
By accepting these terms and conditions, you acknowledge that legal mobile application download platforms have no obligation to provide maintenance and support services with respect to the licensed software or application.
By accepting these terms and conditions the user acknowledges that in the event of a claim by a third party that the Licensed Software or Application or End User Ownership and Use of such Licensed Application infringe the rights of intellectual property rights of such third party, the legal mobile application download platforms will not be responsible for the investigation, defense, settlement and acquittal of any such intellectual property infringement claim.
The user acknowledges declaring and guaranteeing that he is not located in a country subject to an embargo by the United States government, or which has been designated by the United States government as a "support for terrorism" country and that the user is not listed on any US government list of prohibited or restricted parties.
The user acknowledges accepting that the legal mobile application download platforms and their subsidiaries are third party beneficiaries of these terms and conditions and that, upon acceptance by the user of these terms and conditions, the legal mobile application download platforms will have the right (and will be deemed to have accepted the right) to apply these terms and conditions to the user as a third-party beneficiary thereof.
g. User obligation towards third parties
The user acknowledges having to comply with the applicable third-party agreement conditions or third-party terms and conditions when using any of our software or mobile applications. For example, the user must not be in violation of their wireless data service contract while using any of our software or mobile applications.
h. User obligation regarding data collection
You agree and acknowledge that EIRL PANETTA and third parties may collect and use technical data and related information including, but not limited to, technical information about your device, your system, the language used by your device, your application software, and devices, which are collected periodically to facilitate the provision of software updates, product support, and other services (if available) related to the licensed software, website, or mobile application. EIRL PANETTA and third parties may use this information, as long as it is in a form that does not identify you personally, to improve its products or to provide you with services or technologies.
13. Autonomy of provisions
If any provision of these terms and conditions is found to be null, invalid, or inapplicable regarding the law in force or following a decision of a court or a competent jurisdiction, said provision must be interpreted in a manner in accordance with the law in force, and by returning as faithfully as possible its original intention, while the other provisions will remain applicable and will thus retain their validity.
If it turns out that it is impossible to interpret a provision declared null, invalid, or unenforceable in accordance with the laws in force, said provision will be considered as non-existent in these terms and conditions without prejudice to the remaining provisions of these terms and conditions.
14. Contact
For any question relating to these conditions or for any other request (question, complaint, claim, etc.), you can contact the developer:
• Name: PANETTA
• First name: Lucien
• Email address: daigla.contact@gmail.com
• Address: 3 Place Martin Luther King, 78280 Guyancourt, France
15. Applicable law and competent jurisdiction
a. Applicable right
These terms and conditions as well as the privacy policy are subject to French law, to the exclusion of any conflict of law rules.
b. Litigation
• Prior complaint
In accordance with the provisions of article R.221-2 of the Consumer Code, the user must contact EIRL PANETTA directly, in writing, at the following address, in order to find an amicable solution to the dispute, prior to any other judicial or extra-judicial process.
• Request for mediation
If the prior complaint fails, and under Article L612-1 of the Consumer Code, the user can choose to have recourse to mediation free of charge, and thus present their complaints on the resolution platform. litigation posted online by the European Commission (https://ec.europa.eu/consumers/odr/).
• Jurisdiction
Any dispute which is not resolved amicably, and which concerns the interpretation, execution or which has any connection with these general terms and conditions will be submitted to the competent French courts.
You thus irrevocably accept that the French courts have exclusive jurisdiction to hear any dispute or claim that has any connection with these terms and conditions.
The translations of the terms and conditions and privacy policy are available for information purposes only. Please note that in case of litigation or disagreement, only the French versions are legally valid. The French versions of the terms and conditions, and the privacy policy take precedence over this translation in English in case of litigation or disagreement.