General Terms and Conditions for the use of the application Air Report
_Entry into force: 31 July 2019 _
The mobile application Air Report (hereinafter referred to as the “Application”) is aimed at enabling its users (hereinafter referred to as the “Users”) to have information on real-time and forecasted air pollution grades in the world.
The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) is to define the terms and conditions of use of the services provided on the Application (hereinafter referred to as the “Services”) as well as to define the rights and obligations of the parties within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Application.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
2. Manager of the Application and Services, Contact Details
The Application and the Services are managed by the company PLUME LABS, a French simplified joint stock company (“Société par Actions Simplifiée”), registered under number 803 473 974 with the Registry of Trade and Companies of Paris, whose head office is located 11b, rue Bachaumont – 75002 Paris, in France (hereinafter referred to as “Plume Labs”).
Plume Labs can be contacted through any of the following channels:
Street address: 11b, rue Bachaumont – 75002 Paris (FRANCE)
Telephone: 09 52 26 09 08
Email address: email@example.com
3. Access to the Application and the Services
The Application and the Services can be accessed by:
- any person having the full legal capacity to be bound by these General Terms and Conditions of Use. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of their legal representative;
- any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
4. Acceptance of the General Terms and Conditions
Users can accept these General Terms and Conditions by checking a checkbox when downloading the Application, as provided in article 5.1.
The acceptance of these General Terms and Conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any User who does not accept to be bound by these General Terms and Conditions must not access the Application or use the Services.
5. Registering to the Application
5.1. Downloading of the Application
In order to use the Services, Users must download the Application through web stores indicated on the Site, in particular App™ Store or Google Play.
Users expressly acknowledge and accept that, when downloading the Application, they are subject to the general terms and conditions applicable to these web stores.
5.2. Activation of the Application
Once the Application is downloaded, Users can activate it by either:
- viewing as anonymous user, with restrictive functionalities, or
- completing the registration form available in the Application, or
- being registered on one of the third party sites that are indicated in the Application, including the social platforms Google and Facebook, and using their connection ID for the said third party site to register in the Application. In this case, Users must provide Plume Labs with the additional information requested where appropriate. Users expressly authorize Plume Labs to access their account details for the third-party site in question.
In either case, Users must provide Plume Labs with all information that is marked as required, including their name and email address. Incomplete registrations shall not be validated.
6. Description of the Services
6.1. Information on pollution
The Users have the possibility to be informed in the Application of the degree of air quality and pollution in the town where they live, the town where they intend to go, or any other town of their choice.
For this purpose, Users may select the name of a town in the Application, which shall enable them to access to information on the concentrations of fine particles, nitrogen oxide and volatile organic compounds.
Users may access either to real-time information or to forecasted information, within the period of time indicated in the Application, in the location of their choice.
Users expressly acknowledges and accepts that the above-mentioned pollution data may not be stored, nor downloaded.
In case, when registering in the Application as set forth in article 5.2, Users have indicated their hobbies and/or life habits, including their sport and physical activities, they may activate a notification system on pollution measures in relation with such hobbies.
This notification system enables Users to receive warning messages in case air pollution degree would be considered as too high for practicing one or more of the hobbies and/or habits they have indicated.
6.3. Other Services
Plume Labs reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
7. Free Services
Services are provided free of charge.
8. Right of withdrawal
Users are informed that they benefit a right of withdrawal for a period of 14 (fourteen) working days from the date of their subscription to the Application. They may exercise this right by unsubscribing as set forth in article 18.
9. Agreement in relation to proof
Users expressly acknowledge and accept that:
- Data and information collected on Plume Labs ’s Application and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
- These data and information are the main means of acceptable proof between the parties.
Users can access these data and information in the Application.
10. Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
10.1 **: **Users agree, in their use of the Application and the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
**10.2 : **Users acknowledge having read on the Application and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
**10.3 : **Users undertake to use the Application and the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users also undertake not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their rights and/or obligations under these General Terms and Conditions, including their access to the Application and/or the Services.
10.4 : Users undertake to provide Plume Labs with all documents, data and information necessary for the proper performance of the Services and the appropriate fulfilment of Plume Labs’ obligations under these General Terms and Conditions.
More generally, Users undertake to actively cooperate with Plume Labs with a view to ensuring the proper performance of the Services and to keep Plume Labs informed with any difficulty in such performance.
10.5 : Users expressly acknowledge that the Application and the Services provide them with an additional solution, not an alternative solution, for having knowledge of air quality and pollution and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
10.6 : Users expressly acknowledge that the use of the Application and the Services require that they should be connected to the internet and that they are solely responsible for such connection.
11. Users’ Guarantee
Each User undertakes to defend, indemnify and hold Plume Labs harmless from and against any claims, demands, actions and/or grievances whatsoever, that Plume Labs could incur as a result of a breach by this User of any one of its obligations or guarantees under these General Terms and Conditions.
Users undertake to compensate Plume Labs for any prejudice that Plume Labs could be subject to, and to pay any costs, liabilities, charges and / or convictions that Plume Labs could incur, as a result of such a breach.
12. Prohibited behaviour
**12.1 : **It is strictly prohibited to use the Application and the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
12.2 : Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Plume Labs’s Application.
**12.3 : **The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Application and/or the Services, (ii) any hacking or attempts to hack into Plume Labs’ IT systems, (iii) any hijacking of the Application’s system resources, (iv) any acts that would place a disproportionate load on the Application’s infrastructure, (v) any attempts to breach the Application’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Plume Labs or of the Users of its Application and finally, more generally, (vii) any breach of these General Terms and Conditions.
13. Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions or more generally, of any infringement by the former of any laws and regulations in force, Plume Labs reserves the right to take any measures it deems appropriate and in particular:
(i) To suspend, cancel or access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
(ii) To publish on the Application or the Website any related informational message that Plume Labs deems useful,
(iii) To inform any relevant authorities,
(iv) To commence and prosecute any legal proceedings.
14. Liability and guarantee of Plume Labs
14.1 : Plume Labs undertakes to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
More specifically, Users expressly acknowledge and accept:
- that the Application is aimed at providing information on the air quality and pollution in specific places but is not designed to enable Users to prevent pollution or to improve their quality of life,
- that the forecasts on air quality and pollution result from the analysis of public data over which Plume Labs has no control.
14.2 : Plume Labs does not guarantee to the Users that the Application and the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, Plume Labs reserves the right to interrupt access to the Application momentarily for maintenance purposes. In the same way, Plume Labs shall not be held liable if the Application is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Plume Labs’ control, force majeure, or due to any disruption in the telecommunications network.
14.3 : In any event, any liability that could be incurred to Users by Plume Labs within the context of these General Terms and Conditions is expressly and solely limited to direct actual damages suffered by Users.
15. Intellectual Property of Plume Labs
These General Terms and Conditions do not confer to the Users any intellectual property rights relating to the Application, which remain entirely and exclusively the property of Plume Labs. The Users only have a license of use of the Application within the limits of these General Terms and Conditions.
The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Plume Labs in the Application are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Plume Labs’ authorization, is strictly prohibited and could lead to prosecution.
16. Personal Data
17. Customer references
Users who are entities expressly authorize Plume Labs to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
18. Term of the Services, cancellation
Subscription to Services is taken out by Users for an unlimited term.
Users can opt out of the Services at any time, by uninstalling the Application. Their subscription shall be cancelled immediately.
Plume Labs reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services according to the provisions set out in article 18.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
21. Consumer Mediation
In the event of any dispute with Plume Labs, in relation with these General Terms and Conditions, Users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Users may contact the following consumer mediator:
Centre de médiation et de règlement amiable des huissiers de justice (Medicys – Mediation and Amicable Resolution Center of Judicial Officers)
Street address: 73 Boulevard de Clichy, 75009 Paris (France)
Email address: firstname.lastname@example.org
Telephone: (33) 1 49 70 15 93
22. Law and Jurisdiction
These General Terms and Conditions of Use are subject to French law and shall be interpreted and governed by such.
Any dispute that may arise in connection with their interpretation, their validity or their enforcement shall fall within the exclusive jurisdiction of the courts of Paris (France).