General Terms and Conditions of Use of CLAAPP Services [1]

** This is a translation of the original text (in French). Only the French version is legally binding **

GENERAL TERMS AND CONDITIONS OF USE OF CLAAPP SERVICES

These general terms and conditions of use (hereinafter « GTCU ») apply exclusively between any user and 90-52 Sarl (hereinafter « CLAAPP »), c/o Fiduciaire Rutz-Menger Sàrl, 3, rue de l’Hôpital, 2520 La Neuveville, Switzerland, registered in the commercial register of the Chamber of Commerce of the Canton of Zurich under number CHE-113.545.692.
These general terms and conditions of use per below :
Date of last modification: 12.01.2020

1. Definitions

Whenever used in these terms and conditions of use, the following terms will have the following meaning:

« Application »: refers to the CLAAPP mobile application.
« GTCU »: refers to these general terms and conditions of use.
« SCU »: refers to the special conditions of use.
« Username »: refers to the personal identifier associated with the User’s account following full registration on the Site.
« Services »: refers to all the free or paid services made available to Users by 90-52 Sarl through the Site and the Application.
“Site”: refers to the website.
« User »: refers to any natural person who uses the Site or the Application and accesses the Services offered by 90-52 Sàrl through the Site or the Application.

2. Purpose

CLAAPP offers Users a service with various functionalities allowing them to organize and plan events, via the Site and the Application.
These GTCU govern access to and use of the Site, the Application, and the Services by the User. These GTCU may be supplemented by the Special Conditions of Use (hereinafter the « SCU »).

3. Acceptance of the general terms and conditions of use and current version

By using the Site, the Application, and the Services, the User accepts the GTCU, in their entirety and without reservation.
If the User does not accept these GTCU, in whole or in part, he or she should refrain from accessing and using the Site, the Application, and the Services.

CLAAP is free to modify these GTCU at any time in order to take into account any legal, regulatory, jurisprudential and/or technical developments.

The new GTCU will, where applicable, be brought to the User’s attention by modification of the dedicated page of the Site or the Application. The User will then be invited to expressly agree to the new version of the GTCU by clicking on the « I accept » button when logging into his or her User account prior to using the Services.

CLAAPP will only be bound by the current GTCU. The version of the GTCU that is deemed authentic is the one that is accessible on the Site or the Application at app and can be downloaded here in a reliable and stable format.

4. Capacity

Use of the Services is reserved for Users who are able to enter into obligations in accordance with Swiss law.

5. Access to the Services

5.1 Registration to the Services

To access the Services, registration is required and must be complete. In order to register, the User must create an account by completing the registration form. All Users undertake to provide CLAAPP with accurate information, in particular their personal identification data, a valid e-mail address, and to update this information.
In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, including the use of the identity of a third party or any fictitious identity, CLAAPP has the right to take legal action against the User, to deny him or her access to the Services temporarily or permanently, to immediately terminate any subscription to the paid Services, to permanently delete his or her User account without prior or formal notice, or to take legal action against him or her.
The User is solely responsible for the use of his or her personal identification data. As such, any loss, misappropriation or unauthorised use of the User’s personal identification data and its consequences are his or her sole responsibility. The User is required to notify CLAAPP’s customer service of any loss, misappropriation or unauthorised use of personal identification data, without delay, in order to reset the User account.
Registration establishes a contractual relationship between CLAAPP and the User that is free of charge and is governed by the provisions of these GTCU. CLAAPP also offers paid Services to Users, for which the contractual relationship is established by sending the User the confirmation e-mail from CLAAPP containing the SCU.

5.2 Termination and deletion of the User’s account

The User has the possibility of terminating his or her registration and deleting his or her User account at any time, by contacting customer service via the contact form accessible at:

Unsubscribing will result in the deletion of the User’s account. Once unsubscribed, the User will no longer be able to access the Services.
However, if before unsubscribing, the User is still bound by a subscription contract, he or she remains bound by the rights and obligations resulting from this subscription according to the SCU that apply to it.

6. Warranties and liability of CLAAPP

Subject to applicable law, the User uses the Site, the Application, and the Services at his or her own risk.

6.1 Accessibility and availability of the Services

In order to use the CLAAPP Services, the User must have a computer or mobile phone on which the Application can be installed and used, as well as Internet access with this computer or mobile phone. Any costs corresponding to this equipment and access are the sole responsibility of the User.
The Services are provided as is and are accessible without any guarantee of availability and security.
CLAAPP undertakes to use its best efforts to make and maintain accessible the Services available on its Site and Application, but does not guarantee that said Services will be accessible 24 hours a day and 7 days a week. CLAAPP cannot therefore be held liable for any event constituting force majeure or any event beyond the control of CLAAPP that interrupts the Services, whatever the cause, duration, or frequency of this interruption, and in particular those resulting from:

* maintenance periods;
* momentary breakdowns of the Services beyond the control of CLAAPP, particularly in the event of an interruption of electricity, telecommunications, or hosting services;
* technical problems related to the Internet network, and in particular any failure in the transmission of messages or documents;
* any malicious act or damage to CLAAPP’s hardware or software.

In addition, CLAAPP does not guarantee the transfer time and response time of the information transmitted from the Services to the Internet. The User agrees that the speed at which this information is processed is not dependent on the Services, but on the User’s connection mode and Internet access, as well as on the telecommunication networks.
Furthermore, CLAAPP does not guarantee that the Site and the Application are free of errors or viruses. CLAAPP cannot therefore be held liable for any damage or loss of data resulting from the presence of any malicious computer program or any external intrusion.
CLAAPP reserves the right to modify or temporarily or permanently discontinue all or part of the Site, the Application, or the Services at any time without prior notice to the User.

6.2. Use of the Services

CLAAPP cannot be held liable for the actions carried out by the User of the Services. In this respect, CLAAPP cannot be held liable for any harmful event resulting, directly or indirectly, from the use of the Services by the User or a third party, including any harmful event occurring before, during, or after any event organised using the Services.

7. User responsibilities

In general, the User undertakes to use the Services fairly with respect to CLAAPP and other Users, and in accordance with the purposes described in these GTCU.
The User also undertakes to:

* provide accurate information and content, including the data provided by the User for the purpose of registration and use of the Services;
* not use and disseminate any information from a third party without his or her prior consent;
* not use the data of other Users for commercial and advertising purposes;
* not communicate, share, transfer, sell, distribute, or lend his or her User account to a third party: the User’s account is unique and personal;
* not publish any illicit content, including hypertext links to third party websites displaying illicit content;
* not publish or transmit any content that is contrary to the laws in force and to common decency;
* not upload/distribute on the Site or the Application any data containing a virus (infected software) or any other content, in any form whatsoever, which has the effect of hindering the normal use of the Services or of interrupting or slowing down the circulation and exchange of information related to the Services.

The User is solely responsible for his or her behaviour towards CLAAPP, other Users, and any third parties, and is obliged to ensure that his or her behaviour is legal. CLAAPP reserves the right to take legal action against the User in question by any legal means.
Within the framework of the paid Services, the User is also obliged to settle all payments owed to CLAAPP within the specified deadlines and in accordance with the terms and conditions set out in the SCU. In the event of late payment, CLAAPP is entitled to temporarily suspend the User’s access to the paid Services.
The User undertakes to compensate CLAAPP for any and all complaints that may arise from his or her registration and use of the Services, including violation of the GTCU, intellectual property rights, or any other laws.
Any User who violates any of the provisions of the GTCU commits a breach of the terms of these provisions. In this respect, CLAAPP has the right to immediately terminate any of the User’s subscriptions to the paid Services, to deny the User access to the Services temporarily or permanently, to permanently delete the User’s account without prior or formal notice, or to take legal action against the User.

8. Intellectual property

The Site, the Application and all the elements that they contain (including but not limited to text, designs, images, videos, animations, logos, icons, sound recordings, documents to be downloaded, interfaces, coding, software) are protected by Swiss federal laws and international conventions applicable to intellectual property rights.
Any use, reproduction, representation, adaptation, in whole or in part, and any download or transfer, via any medium, of all or part of this content, for purposes other than for private and personal non-commercial use by the Internet User is strictly prohibited without the prior written consent of CLAAPP and any other rights holders.
It is therefore forbidden to reproduce in any form whatsoever, directly or indirectly, the elements referred to in this article, as well as to alter the trademarks, names, acronyms, logos, colours, graphics, or other signs appearing on the elements made available within the Site, the Application, and more generally to use or exploit these elements other than in the context of the execution of these GTCU.
As such, the reproduction or use of all or part of these elements is only authorised for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
No stipulation of the GTCU may be interpreted as an assignment of intellectual property rights, including by tacit agreement.

9. Data protection declaration

CLAAPP expressly invites the User to consult its Data Protection Statement, which is accessible here and forms an integral part of the GTCU.

10. Waiver and partial nullity

Failure on the part of CLAAPP or the User to take advantage of one or more of the provisions of the GTCU shall not imply a waiver by that party of its right to take advantage of them at a later date.
In the event that any of the provisions of the GTCU become inapplicable for any reason whatsoever, including as a result of an applicable law or regulation, the remainder of the GTCU shall not be affected in any way, and the parties shall endeavour to remedy the inapplicable provisions in a manner consistent with the purpose of the original provisions.

11. Language, applicable law and attribution of jurisdiction

These GTCU are written in English.
These GTCU are subject to Swiss law.
If the User is a resident of the European Union, the law of the Member State in which he or she resides may also apply with regard to public policy provisions.
Any dispute arising from difficulties relating to the validity, application, or interpretation of the GTCU will be submitted, in the absence of an amicable agreement, to the exclusive jurisdiction of the courts of the Canton of Bern.