Terms of Use 😵💫
from the Shared app
ARTICLE 1 - Shared SAS
ARTICLE 2 - DEFINITIONS
ARTICLE 3 - PURPOSE
The General Terms and Conditions aim to define the rights and obligations of the Parties in the context of the use of the Application and the subscription to a plan by the User with the Publisher:
a) they are applicable as soon as they are published online;
b) they can be modified at any time by Shared SAS and any subsequent version of the General Terms and Conditions is applicable from the moment it is published online;
c) unless a contractual provision is specifically agreed by the Publisher, they prevail over any other document and apply to any transaction binding the Publisher to the User.
ARTICLE 4 - PRE-CONTRACTUAL INFORMATION
1. The User acknowledges having read the General Conditions as well as all the information they contain, having accepted them before any use of the application or any financial transaction agreed via the Application, and that they are enforceable against them.
2. The essential characteristics of any product or service sold by the Publisher, as well as their unit price and all necessary or potential incidental costs, are also communicated to the User in a clear and understandable manner.
3. The Application and its Features comply with the requirements of the current French law relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection at the time of their market release.
ARTICLE 5 - ACCESS TO THE APPLICATION AND ITS FEATURES
1. Access to the Application and the consultation of its Features require the following minimum configuration: Android from version 5.0 and on iOS from version 10.
2. Access to the Application and its use are open to anyone at least 18 years old, who has completed the registration form allowing the opening of a User Account. The opening of a User Account is nevertheless authorized for minors, upon the express invitation of at least one adult User certifying the existence of a family relationship.
3. Access to the Application and its use, as well as the Features, are reserved for strictly personal use: the User must not use the Application and the information or data contained therein for commercial, political, malicious, advertising purposes, or for any form of commercial solicitation, including sending unsolicited emails.
4. Access to the Features requires the prior creation of a User Account; for this purpose, the User successively provides:
a. their first name
b. a personal email address;
c. a personal and confidential password that they agree not to disclose to anyone;
5. Optionally, the User may, at their sole responsibility, provide:
a. their family name and date of birth;
b. the first name, date of birth, and/or email address of their children;
c. the first name, date of birth, and/or email address of their ex-spouse, provided they have obtained prior consent from the latter.
6. The User is obliged to provide information diligently, precisely, and accurately.
7. In all cases, the User is fully responsible for the identifiers provided by them (email address and password) and undertakes to ensure the confidentiality of this information. They must report any fraud or hacking to the Publisher's customer service as soon as possible.
ARTICLE 6 - SUBSCRIPTION
1. The Application is available for free download, and a selection of Features can be used free of charge, while the use of all Features requires a subscription known as "Premium," with payment either on a monthly or annual basis, automatically renewable monthly or annually according to the chosen subscription period. The characteristics and terms of use for each Feature accessible for free or for a fee, as well as the price of the monthly or annual subscription, are listed in the Appendix of the General Conditions, on the Website, and a link allowing consultation appears upon first use of the Application, remaining systematically accessible through it.
2. To subscribe to a subscription, the User must have the legal capacity and be at least eighteen years old.
3. The User subscribes to a subscription from the Publisher by selecting the desired type of subscription offered via the Application. Once the selection is made, the User verifies the details of the selected subscription and the total price indicated.
4. After accepting the General Conditions by clicking in the indicated place, the User confirms their subscription to the subscription:
a. any confirmation by the User constitutes an irrevocable acceptance of the price, terms, and conditions of the subscription as well as these General Conditions by the User;
b. the User proceeds with the payment of the first installment corresponding to the subscribed subscription.
5. Subscription to a subscription offered by the Publisher is considered final after the collection of the entire first installment of the corresponding price by Shared SAS or any third party it substitutes, although the latter reserves the right to block the User's subscription if the deduction has not been possible.
6. For any questions regarding the follow-up of their subscription, the User should contact Shared SAS directly, either by sending a letter to the address indicated in Article 1 above, or by sending an email to the following address: [email protected].
ARTICLE 7 - PRICE
1. The price of any subscription offer proposed for sale by the Publisher via the Application is freely set by the latter, in compliance with applicable laws and regulations and is not negotiable by the User.
2. The unit prices are indicated in euros, or in the local currency of the user's STORE country; they do not take into account any additional fees, which are charged separately subject to acceptance by the User prior to subscribing to their subscription.
3. Prices are set inclusive of all taxes in effect on the day of confirmation by the Publisher of the subscription: any creation or modification of a tax, regardless of its nature or amount, will be applied as soon as it comes into effect.
4. The Publisher reserves the right to change the price of subscriptions at any time. Any price change subsequent to the subscription of a subscription will take effect from the payment term following the date of the rate change. The User may refuse to consent to the price change by unsubscribing before the effective date of the said change. Failing this, the continued use of the Application after the rate change comes into effect constitutes express consent to the said change.
ARTICLE 8 - PAYMENT
1. Any subscription requires an initial payment upon validation of the subscription by the User, as well as successive payments on the periodic due dates specified by the type of subscription chosen.
2. All payments and debits are made via electronic payment, choosing one of the electronic payment methods offered, on behalf of the Publisher, by its third-party partners, Google and Apple. The User must first enter their banking details in the designated area of the Application or the third-party partner interfaces and confirm this entry. Every User is advised to consult the Terms of Use of Google and Apple prior to any transaction.
3. The Publisher or any third party acting on its behalf reserves the right to suspend or refuse processing of any subscription request in case of payment authorization refusal by officially accredited bodies or in case of non-payment. The Publisher or any third party acting on its behalf especially reserves the right to refuse any subscription request from a User who has not fully or partially paid a previous order or with whom a payment dispute is currently being managed.
4. In the event of fraudulent use of banking details, the User is invited to report it as soon as this use is noticed to [email protected].
ARTICLE 9 - RIGHT OF WITHDRAWAL
1. The use of a Feature upon confirmation of a subscription by the User constitutes an express waiver of the User's right of withdrawal.
2. Until the expiration of the period specified on the STORE at the time of subscription confirmation by the User, and subject to the application of the terms of the previous paragraph, the User may withdraw from the subscribed subscription.
3. In the event of withdrawal by the User within the aforementioned period, the User will not be charged for the next period of the subscription.
ARTICLE 10 - EVIDENCE OF TRANSACTIONS
1. Any validation of the subscription by the User serves as proof of their agreement regarding the due amounts for the subscription as well as all operations carried out by them.
2. The computerized records, stored in the Editor’s computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of subscription forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
ARTICLE 11 - CONTENT OF THE APPLICATION
1. All trademarks, photographs, texts, comments, illustrations, images whether animated or not, video sequences, sounds, as well as all computer applications and software that might be used to operate the Application and more generally all elements reproduced or used on the Application are protected by the applicable laws on intellectual property.
2. They are the full and entire property of the Publisher. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited and may constitute an act of infringement.
3. The fact that the Publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not imply acceptance of said uses and does not constitute a waiver of legal action.
ARTICLE 12 - MANAGEMENT OF THE APPLICATION
For the proper management of the Application and without being able to engage its liability in these regards, the Publisher may at any time:
- suspend, interrupt or limit access to all or part of the Application, reserve access to the Application to certain parts of it or to a specific category of Users;
- delete any information that may disrupt its operation or is in contravention of national or international laws;
- suspend the Application to carry out updates.
ARTICLE 13 - RESPONSIBILITIES
1. The User is solely responsible for their use of the Application and its Features.
2. The Publisher does not interfere in the use of the Application and Features made available to Users; only events that are directly attributable to Shared SAS can hold it responsible towards the User, provided they cause direct harm.
3. The responsibility of Shared SAS cannot be held if the non-execution or improper execution of its obligations is attributable to:
a) misuse of the Application by the User or a fault of the latter;
b) an unforeseeable and insurmountable act of a third party;
c) a case of force majeure;
d) the inconveniences inherent in the use of the internet network – such as service interruption or disruption, external intrusion or the presence of computer viruses.
4. The Publisher cannot be held responsible in case of legal proceedings against a User:
- due to the User's use of the Application or any Feature;
- due to the User's non-compliance with these General Conditions.
5. The Publisher is not responsible for damages caused to the User, third parties, and/or the User's equipment due to their use of the Application, and the User waives all actions against the Publisher for this reason.
6. The connection equipment to the Application used by the User is entirely their responsibility. The User must take all appropriate measures to protect their equipment and data, particularly against viral attacks via the Internet. The User is also solely responsible for the sites and data they access.
7. The User is obliged to indemnify and hold the Publisher harmless against any claims and legal or amicable proceedings, due to the User's use of the Application, and to compensate the Publisher for all damages, sums, penalties, and costs that may result.
8. Shared SAS gives no warranty of compliance of the Application with laws other than French law, particularly if the User accesses the Application from countries other than France.
9. Any element provided by the User must not contain anything contrary to the laws and regulations in force, public order, and under no circumstances can it be violent, offensive, derogatory, defamatory, vulgar, discriminatory, and in all hypotheses, only Users can be held responsible for the information and data they communicate via the Application and its Features while the Publisher cannot be held responsible for any User's actions.
ARTICLE 14 - SUBSCRIPTION CANCELLATION
1. The subscription renews automatically unless the automatic renewal is disabled at least 24 hours before the end of the current period.
2. Any User can cancel their subscription at any time and without reason through the "My Account" section of their User Account.
3. The cancellation takes effect from the end of the monthly or annual subscription period subject to said cancellation and permanently interrupts access to all "premium" Features as well as any future monetary charges without entitling the refund of previously paid amounts which remain definitively acquired by the Publisher.
4. In case of non-compliance by a User with the General Conditions or in case of a payment incident or non-payment of a periodic due date, the Publisher reserves the right to terminate a User's subscription without notice or prior warning.
5. This termination will occur without prejudice to any damages that might be claimed from the User or their legal representatives by way of litigation by Shared SAS for the damages suffered.
6. The User will be informed by email of the termination or confirmation of the termination of their account.
ARTICLE 15 - PERSONAL DATA
The Personal Data Protection Policy implemented by the Publisher is the subject of a separate document, accessible here: https://share-d.com/politique-de-confidentialite/
ARTICLE 16 - ENTIRETY
1. If one of the clauses of these General Conditions is removed, notably following the implementation of a law, regulation, or as a result of a final decision by a competent court, the other provisions of these General Conditions will retain their full force and effect.
2. If a sales condition is missing, it will be considered governed by the prevailing practices in the remote sales sector of companies based in France.
ARTICLE 17 - NON-WAIVER
The fact that one of the parties does not invoke a breach by the other party of any of the obligations set forth in the General Conditions shall not be interpreted as a waiver of the obligation in question for the future.
ARTICLE 18 - MISCELLANEOUS
1. Unless otherwise indicated, any notification is made by registered letter with acknowledgment of receipt.
2. Any time-bar interruption notification is considered for this purpose at the time of its dispatch.
3. Any notification that initiates a time period is considered for this purpose at the time of its first presentation to the recipient.
4. The purchase, by the User, of any product or service offered by the Publisher is deemed to have been made in France.
ARTICLE 19 - MEDIATION
For any disputes or claims, if Shared SAS fails to respond, or in the absence of a reply, the User may resort to conventional mediation, particularly with the CMAP, which the User may contact here: https://www.cmap.fr/.
ARTICLE 20 - DISPUTES
The General Conditions are subject to the application of French law, excluding the provisions of the Vienna Convention, and no guarantee is given as to their compliance with any law other than French law.