Terms of Use: User | Evelity Application

Welcome to EVELITY !

The EVELITY application, developed by OKEENEA, helps disabled and valid people in complex everyday situations by means of a step-by-step guidance system similar to a pedestrian GPS.

We wanted to create an application that would allow all people to be guided, step by step, to the destination of their choice, according to their profile and their abilities.

Before the existence of our application, it was very difficult for people with disabilities to get to a complex building or transport network independently. The difficulties they encountered were related to problems of location and orientation.

Our application is adapted to all types of disabilities, and useful to all!

NB: ANY USE OF THE APPLICATION FOR ANY PURPOSE WHATSOEVER IMPLIES UNRESERVED ACCEPTANCE BY THE USER OF THESE TERMS AND CONDITIONS OF USE (TCU).

ARTICLE 1. OBJECT

OKEENEA DIGITAL (hereafter "OKEENEA") publishes and operates the EVELITY application (hereafter "the Application") which it makes available to people who have downloaded and use the said Application (hereafter "Users").

In order to develop this service, OKEENEA relies on third parties, whether public or private (hereinafter the "Partners"), in order to be able to offer the most relevant and appropriate guidance solution in complex travel locations.

The present Terms and Conditions of Use concluded between OKEENEA (OKEENEA DIGITAL, a simplified joint stock company with a single shareholder, registered with the Lyon Trade and Companies Register under number 848 981 809, whose head office is located at 6 rue des Aulnes, 69410 CHAMPAGNE-AUX-MONTS-D'OR, FRANCE) and the User are intended to set out the contractual provisions relating to the respective rights and obligations of the Parties within the framework of the use of the Application and of all the services offered therein.

The following are not governed by these Terms and Conditions of Use:

The service contract between the Partner and OKEENEA; and
The terms of use of the Application by the administrators attached to the Partner.

ARTICLE 2. DEFINITIONS

The terms mentioned below have the following meaning in these Terms and Conditions of Use:

"Application": means the OKEENEA application accessible online on a smartphone. The Application includes all content, services and features offered to Users;
"Account": refers to the User's personal space on the Application. Access to the Account is possible thanks to the Identifiers;
"Terms and Conditions of Use" or "TCU" or "Contract": refers to the present contractual conditions made available on the Application and on the Okeenea website in order to govern the use of the Application by any User;
"Third Party Content": means content distributed by the Partners or by third parties holding intellectual property rights on the latter. This third-party content may take the form of text, music, video, images or any other form of media protected by intellectual property.
"Identifiers": refers to the email address/pseudonym and password of Users, if any, required to access their Account on the Application;
"Partner": refers to a player in the mobility sector or a building owner or operator, public or private, who uses the EVELITY Solution to improve the progress of Users in complex locations.
"Parties": in the plural, means both OKEENEA and the User. In the singular, refers to only one of the two Parties;
"Services": refers to all the services offered by OKEENEA to Users via the Application;
"EVELITY Solution": refers to the solution implemented by OKEENEA in one or more locations defined by the Partner, and which allows for precise guidance of Users. The EVELITY Solution includes:
- The Application;
- The administration platform used by the Partner; and
- All the devices set up in a location to facilitate the guidance of Users (beacons etc.).
"User": means any person who accesses the Application and uses it in the context of their travels.

The above definitions used in the singular shall have the same meaning in the plural and vice versa.

ARTICLE 4. TECHNICAL SPECIFICATIONS

By using the Application, the User acknowledges that he/she has the necessary means and skills to use the features offered.

To access the Application, the User must have a latest generation smartphone with a gyroscope, a GPS device and a camera.

The User must have downloaded the latest version of the Application in order to ensure its optimal functioning and the benefit of all the Services. The smartphone used must also be kept up to date with the latest version of the IOS or Android operating system available.

If necessary, some features of the Application will require the use of headphones or any other suitable accessory.

For purely technical reasons related to the proper functioning of the Application, it is possible that certain smartphones that do not have the required power may not be able to download and/or use the Application.

The equipment required to access and use the Application is the sole responsibility of the User, as are the telecommunications costs incurred.

Article 5.1. Simple navigation

The Application offers Users the following services:

The possibility of being guided step by step from one point to another, in a space equipped with the EVELITY Solution, and thus benefiting from an improved guidance experience when moving through complex places;
The possibility of self-localization and to have additional information on the place in which the User is;
The ability to automatically recalculate routes based on the User's movements when following a route; or
The possibility to benefit from specific visual and/or audio indications as part of the guidance.

Article 6.1. Obligations of the Users

When using the Platform, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these Terms and Conditions of Use.

Each User is obliged to :

To behave in a loyal and lawful manner towards OKEENEA and third parties;
To use the Application in accordance with its purpose as described in the present GTU;
Not to divert the purpose of the Application to commit crimes, misdemeanors or contraventions punishable by the Penal Code or any other law;
Respect the privacy of third parties and the confidentiality of exchanges;
To respect the intellectual property rights of OKEENEA concerning the elements of the Application and, where applicable, the intellectual property rights of third parties, including the Partner;
Not to seek to undermine the automated data processing systems implemented on the Application, in particular through practices such as scrapping, in accordance with Articles 323-1 et seq. of the French Penal Code;
Not to modify the information put online by OKEENEA or by a Partner;
Not to use the Application to send unsolicited mass messages (advertising or other);
Not to disseminate data or use applications that diminish, disorganize, slow down or interrupt the normal functioning of the Application;
Where applicable, to ensure that all information provided by the User in the Application is accurate, verified and correctly spelled in order to allow the proper functioning of the Application;
Where applicable, to exercise the utmost care in protecting his/her Identifiers, and in particular his/her password. In this regard, OKEENEA recommends that the User select a strong password with a minimum of 12 characters, including lowercase and uppercase alphanumeric characters and special characters, which should be renewed at least every three (3) months. In case of doubt about a fraudulent use of his Identifiers, the User is invited to change his password as soon as possible and to contact Okeenea's user service as soon as possible.

In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1881 relating to the freedom of the press, the User agrees not to disseminate any message or information:

Constitute wrongful denigration of OKEENEA, the Partner or the Users of the Platform;
Contrary to public order and good morals. Of an abusive, defamatory, racist, xenophobic, revisionist nature, or that undermines the honor or reputation of others;
Inciting discrimination, hatred of a person or a group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
Threatening a person or a group of persons;
Of a pedophilic nature;
Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
Inciting to suicide;
Allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software or other tool to infringe the rights of others and the security of persons and property.

Where applicable, the User guarantees OKEENEA against the creation of false profiles, and against all the prejudices that could result from this, and in particular concerning the production of forgeries, the use of forgeries or the misuse of personal data processing.

Article 6.2. Obligations of OKEENEA

The general obligation of OKEENEA is an obligation of means. OKEENEA has no obligation of result or of reinforced means of any kind.

OKEENEA undertakes to do everything possible to ensure continuity of access and use of the Application, and if possible 7 days a week and 24 hours a day, excluding maintenance periods.

However, OKEENEA draws the attention of Users to the fact that current Internet communication protocols do not allow for certainty and continuity in the transmission of electronic exchanges (messages, documents, identity of the sender or recipient).

Article 7.1. General principles

OKEENEA declines all responsibility, in particular:

In the event that it is impossible to temporarily access the Application for technical maintenance operations or updating of published information. Users acknowledge that OKEENEA cannot be held responsible in the event of malfunctions or interruptions in the said transmission networks;

In case of viral attacks, illicit intrusion into an automated data processing system;
In case of abnormal use or illicit exploitation of the Application by a User or a third party;
In relation to the content of third-party websites to which hyperlinks on the Application refer;
In the event of non-compliance with these GTU attributable to Users;
In case of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in Article 8 of these TCU;
In case of a foreign cause not attributable to OKEENEA;
In the event of unlawful action by the Partner or any third party authorized by it, or in the event of contractual non-performance by a Partner in the context of the provision of Services by OKEENEA;
Where applicable, in the event of inaccuracy of the information provided by the Users or by the Partner on the Application, and all the prejudices suffered as a result of this inaccuracy;
If necessary, in case of usurpation of the User's identity; and
Where applicable, in the event that the User fails to secure his or her Identifiers in accordance with the recommendations made by OKEENEA as described in article 6.1 of these GTU.

Furthermore, OKEENEA draws the User's attention to the fact that the Application is only a simple guidance tool.

Consequently, OKEENEA cannot, in any case, guarantee the physical safety of the User during his travels, or the fact that the User will arrive at his destination on time.

The Application cannot replace the vigilance of the User in the context of these trips. Also, Okeenea cannot be held responsible, for any reason whatsoever, for any damage, including physical, material or moral damage, caused to the User during his travel.

Finally, in case of abnormal use or illicit exploitation of the Application, the User is solely responsible for damages caused to third parties and the consequences of claims or actions that could result from it.

Article 7.2. Hosting status

Users acknowledge that OKEENEA has the status of host in the sense of article 6 I 2° of the law of June 21, 2004 for confidence in the digital economy, known as "LCEN".

As such, OKEENEA reserves the right to remove any content that has been reported to it and that it considers to be manifestly illicit within the meaning of article 6 I 2° of the LCEN.

Notification of manifestly illicit content by a User or any other third party must be made by e-mail to the address:
help.evelity@okeenea.com or by registered mail with return receipt to 6 rue des Aulnes, 69410 CHAMPAGNE-AUX-MONTS-D'OR, FRANCE

In accordance with article 6 I 5° of the LCEN, the notification, to be valid, must include the following elements:

The date of the notification;
If the notifier is a natural person: his name, first names, profession, address, nationality, date and place of birth;
If the notifier is a legal person: its form, name, registered office and the body that legally represents it;
The name and domicile of the addressee or, if it is a legal person, its name and registered office;
The description of the litigious facts and their precise location;
The reasons for which the content must be removed, including the legal provisions and justifications of facts; and
A copy of the correspondence addressed to the author or publisher of the litigious information or activities requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.

ARTICLE 8. FORCE MAJEURE

OKEENEA's responsibility cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present TCU results from a case of force majeure as defined by the jurisprudence of the French courts.

Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

9.1 Intellectual property of OKEENEA

The User acknowledges OKEENEA's intellectual property rights over the Application, and waives the right to contest these rights in any form whatsoever.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, texts and any other content on the Application, with the exception of third-party Content, are the exclusive intellectual property of OKEENEA and may not be reproduced, used or represented without express authorization under penalty of legal action.

Any representation or reproduction, in whole or in part, of the Application and its contents, by any means whatsoever, without the prior express authorization of OKEENEA, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.

In particular, OKEENEA expressly forbids:

The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database onto another medium, by any means and in any form whatsoever;
Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form; or
The reproduction, extraction or reuse, by any means, including methods similar to scrapping of content (photographs, descriptions, etc.) published by OKEENEA.

Acceptance of these Terms of Use constitutes recognition by Users of OKEENEA's intellectual property rights and an undertaking to respect them.

OKEENEA grants a personal, non-exclusive and non-transferable license to Users authorizing them to use the Application in accordance with these GTC.

Any other use of the Application or its content is excluded from the scope of this license and may not be made without the prior express authorization of OKEENEA.

9.2 Ownership of Third Party Content

The User expressly acknowledges the intellectual property rights held by the owners of the Third Party Content, and waives the right to contest these rights in any form whatsoever. Such third-party Content may not be reproduced, used or represented without express authorization, under penalty of legal action.

The User is informed that any representation or reproduction, total or partial, of third-party Content, by any means whatsoever, without the express prior authorization of the rightful owners, is prohibited and will constitute an infringement punishable by the provisions of the Intellectual Property Code.

ARTICLE 10. PROTECTION OF PERSONAL DATA

OKEENEA collects, via the Application, technical data relating to the use of the Application which may contain pseudonymous personal data relating to the User, including the unique identifier of the User, the terminal identifier, the terminal metadata (date and time of use, configuration, language preferences, etc.), the geographical area of connection, the time stamp of connections and actions carried out on the Application.

This information is used by OKEENEA in its capacity as Data Controller in order to ensure the proper functioning and continuous improvement of the Application, its functionalities and the Services it offers. This processing is based on Okeenea's legitimate interest in providing the best possible experience for Users when using the Application.

Personal data relating to Users is kept for a period of 6 months, then deleted. Statistics resulting from the use of this information may be kept for up to 25 months and then deleted, or anonymized.

In order to improve the functioning of the Application, OKEENEA will collect, after obtaining the User's consent, the User's geolocated position in order to allow real-time guidance of the User.

In addition, OKEENEA may collect, after obtaining the User's prior consent, more precise information on how the User uses the Application, and in particular precise statistical information on the use of the various functions offered by OKEENEA, or satisfaction surveys. This information is collected in order to further improve the services offered.

Finally, the User is informed that certain non-nominative statistical information that he/she produces while using the Application will be transmitted to OKEENEA's partner who has set up the EVELITY Solution.

The User has the right to access, rectify, delete or port his or her data, or may object to the processing of his or her data by OKEENEA (or ask for it to be limited), or may define the fate of your data processed by OKEENEA after your death.

These rights can be exercised:

by e-mail to the address: dpo-digital@okeenea.com
by mail addressed to OKEENEA - Service Data Protection - 6 rue des Aulnes, 69410 CHAMPAGNE-AUX-MONTS-D'OR, France

The User is invited to consult OKEENEA's Privacy Policy in order to obtain further information on the protection of personal data and on the processing carried out via the Application.

ARTICLE 14. GENERAL PROVISIONS

No indication, nor any document can generate an obligation not included in the present TCU, if it is not the object of a new agreement between the Parties.

The Parties further declare that the present TCU shall in no way be considered as a constitutive act of a legal entity or any other legal entity, and that any form of "affectio societatis" is formally excluded from their relationship.

The fact that one of the Parties has not demanded the application of any clause of these TCU, whether permanently or temporarily, shall in no case be considered as a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these clauses, the titles will be declared non-existent.

ARTICLE 15. JURISDICTION AND APPLICABLE LAW

The present TCU are subject to French law.

In the event of a dispute arising between the PARTIES concerning the interpretation, performance or termination of these TCU, the PARTIES shall endeavor to settle it amicably.

IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN A PERIOD OF ONE (1) MONTH FROM THE DATE OF REFERRAL BY ONE OF THE PARTIES BY REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT, THE DISPUTE SHALL BE SUBMITTED TO THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, TO WHICH JURISDICTION IS EXPRESSLY ASSIGNED, THIS ASSIGNMENT OF JURISDICTION ALSO APPLYING TO SUMMARY PROCEEDINGS.

Terms and conditions of use: User

Welcome to EVELITY !

Contents

ARTICLE 1. OBJECT

ARTICLE 2. DEFINITIONS

ARTICLE 3. ACCEPTANCE OF THE Terms and Conditions of Use

ARTICLE 4. TECHNICAL SPECIFICATIONS

ARTICLE 5. TERMS OF USE

Article 5.1. Simple navigation

Article 5.2. Enriched navigation

Article 5.3. Preference management

Article 5.4. Other functionalities

ARTICLE 6. OBLIGATIONS OF THE PARTIES

Article 6.1. Obligations of the Users

Article 6.2. Obligations of OKEENEA

ARTICLE 7. RESPONSIBILITY

Article 7.1. General principles

Article 7.2. Hosting status

Article 7.3. Disputes between a User and a Partner, or between a User and a rightful owner of third-party Content

ARTICLE 8. FORCE MAJEURE

ARTICLE 9. INTELLECTUAL PROPERTY

9.1 Intellectual property of OKEENEA

9.2 Ownership of Third Party Content

ARTICLE 10. PROTECTION OF PERSONAL DATA

ARTICLE 11. USER SERVICE

ARTICLE 12. VALIDITY OF THE TCU

ARTICLE 13. MODIFICATION OF THE TCU

ARTICLE 14. GENERAL PROVISIONS

ARTICLE 15. JURISDICTION AND APPLICABLE LAW