The application you are about to use (hereinafter “the Application”), including its documentation, is protected under the French Intellectual Property Code.
The intellectual property rights to this Application belong to ENOBEN, a French company having its principal place of business at 4 rue Marconi, 57070 Metz, France, and registered with the Trade and Companies Register of Metz under number B 881 531 958 (hereinafter “the Provider”).
By downloading, installing or using the Application, you (hereinafter “You” or “the User”) declare that You are over 13 years of age and You acknowledge that You understand and accept without reservation these Terms and Conditions, and confirm that you have the authority to do so on behalf of your company (if applicable).
The Provider grants You a license to use the Application under the following Terms and Conditions.
Any use or reproduction of the Application, in whole or in part, outside the specific permissions granted by this license and subject to its restrictions, is strictly prohibited and shall constitute an infringement of intellectual property rights whichmay result in civil and criminal liability to the fullest extent permitted by law.
This license is non-assignable and non-transferable. It does not convey or grant any ownership or intellectual property rights in the Application, other than a limited, non-exclusive right to use the Application under the terms and conditions set forth herein, which You expressly agree to observe and uphold.
In order to protect the confidential nature of the Application, and to the fullest extent permitted by law, You agree not to sublicense, distribute, modify or create derivative works from the Application, or to disassemble, decompile or reverse engineer the Application by any means whatsoever.
You are authorized to use the Application on a terminal running an Android, iPadOS or iOS operating system, of which You are the owner (hereinafter “the Terminal”), exclusively for Your own needs.
You agree not to use the Application in a way that may infringe the rights of third parties, in particular their intellectual property rights or their right to privacy.
The present license allows You to benefit from the evolutions and corrective updates of the Application, which the Provider may publish.
The Application can be downloaded from the official application distribution platform specific to Your Terminal’s operating system, meaning the “App Store” from Apple Inc. for iOS and iPadOS applications.(hereinafter the “Platform”).
Use of the Platform is contractually governed solely by the general terms and conditions specific to the Platform, which You hereby confirm that You have read and accepted.
This license does not create any contract or legal relationship of any kind between You and the Platform or between the Provider and the Platform. You acknowledge and agree that the Platform publisher is a third-party beneficiary of theseTerms and Conditions and, as such, may rely on and enforce these Terms and Conditions in the event of any breach of Your obligations. By express agreement, the Platform publisher is under no obligation or guarantee of any kind whatsoever in connection with the Application. In particular, the Platform publisher is under no obligation to maintain or support the Application.
The license to use the Application is granted in exchange for the payment by the User of the applicable purchase price of the Application.
You acknowledge and agree that the billing process is managed by the Platform and is subject to the Platform’s own terms and conditions. In the event of any issues relating to payment or invoicing, You must contact the Platform directly, and the Provider shall bear no liability whatsoever in connection with these issues.
All data such as information, text, photographs, videos, audio clips, written articles and comments, software, scripts, graphics, added, created, uploaded, submitted, distributed or published on the Application by the User (hereinafter “the Data”) are the sole responsibility of the User.
You are responsible for ensuring that all Data you provide is error-free and complies with all applicable laws and regulations.
In particular, you agree:
Consequently, You are responsible for any damage that such Data or Yourself may cause to the Provider or to a third party, and warrant the Provider against any claims or actions that may be brought against it by a third party as a result of such Data.
You are informed that the Application may include elements owned by third parties. These elements may be protected by intellectual property rights, trade secrets or other applicable laws. You acknowledge and agree that the Provider has nocontrol over these third-party elements or their respective owners.
Some of the Data is stored in the Terminal’s memory. You are solely responsible for the proper use and operation of the Terminal and for backing up your data and the Application.
The Provider is under no obligation, and is not able, to ensure the security and integrity of the data stored in, or used by, the Application, nor to prevent unauthorized access to the data.
You are informed that the Provider may collect and use anonymized usage data for the purpose of non-identifiable statistical analysis to improve the Application, provided that You have given Your explicit consent on the Platform at the time of purchasing the Application.
The Provider shall not be held responsible for any issues related to connecting the Terminal to the Internet and any resulting inability to transmit data. It is the User’s sole responsibility to subscribe, at his/her own expense, to an Internet access service, either mobile or fixed, with a telecommunications provider. The User is also responsible for the security and integrity of the Terminal and assumes full responsibility for any theft, alteration or loss of Data resulting from insufficient integrity, security or maintenance of the Terminal.
The Provider shall not be held responsible for any loss of data resulting from the User’s uninstallation of the Application.
The right to use the Application is granted for the legal term of the copyright, except in the event of termination of the license for breach of the User’s obligations.
You acknowledge that you are informed of Your right of withdrawal, as provided by the general terms and conditions specific to the Platform and, if You are a consumer, Your right of withdrawal under the consumer protection lawsapplicable in Your country.
Any claim relating to the operation of the Application or more generally to these Terms and Conditions of Use must be addressed to the Provider by e-mail to contact@enoben.com or by post to the following address: ENOBEN, 4 rue Marconi 57070 Metz, FRANCE. It is expressly agreed that the Platform shall under no circumstances be held liable for such claims.
The Provider agrees to indemnify You against any damages and costs, including reasonable legal fees, arising from a third-party claim or legal action alleging that the Application infringes or violates their intellectual property rights, providedthat, in such a case, (i) You have promptly informed the Provider of such claim or legal action, (ii) You have put the Provider in a position to defend itself, and (iii) at the Provider’s written request, You provide all necessary information and reasonable assistance to enable the Provider to defend itself. If, as a result of such infringement, You are unable to usethe Application, the Provider shall, at its own expense and discretion, (i) obtain for You the right to continue using the Application, or (ii) replace or modify the Application so as to render it non-infringing, or (iii) to notify You of the termination of the contract.
This license, granted by the Provider, who holds the copyright to the Application, is provided without any warranty except as specified in the preceding paragraph. Specifically, the Provider does not warrant the conformity or suitability of the Application to Your needs, nor its compatibility with any hardware, application, software or operating system whatsoever. Additionally, the Provider does not warrant that the Application will operate without interruption, or that it is free fromdefects, anomalies or viruses.
The User acknowledges that it is his/her responsibility to regularly back up his/her data and to verify the integrity of the saved data. More generally, the User agrees to use the Application at his/her own responsibility.
Consequently, to the extent permitted by law, the Provider shall in no event be held liable for any damage caused directly or indirectly by the use of the Application or by the inability to use it. Should the Provider nevertheless be held liable, the total compensation that may be awarded, for any and all claims, shall not exceed the total amount actually paid by the User under this contract during the twelve months preceding the event giving rise to the liability.
These Terms and Conditions of Use constitute the entire agreement between the User and the Provider with respect to the use of the Application, and supersede all prior agreements, written or oral, having the same subject matter.
These Terms and Conditions of Use are accessible at all times on the Platform. The Provider reserves the right to modify these Terms Conditions of Use at any time. The User will be informed of any such modification by the publication of the updated Terms and Conditions of Use on the Platform. The modified Terms and Conditions will become effective on the date of their publication. By continuing to use the Application after such publication, the User shall be deemed to have accepted the updated Terms and Conditions.
If any provision of these Terms and Conditions is held to be invalid, the remaining provisions shall remain in full force and effect.
The failure of either party to exercise any right under these Terms and Conditions in any respect shall not be construed as a waiver of any other right or provision of these Terms and Conditions.
The present Terms of Use are governed by the laws of France.
ANY DISPUTE BETWEEN THE PARTIES SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF METZ (FRANCE), REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WARRANTY CLAIMS, CASES INVOLVING MULTIPLE DEFENDANTS, OR EMERGENCY, PROTECTIVE, SUMMARY, OR PETITION-BASED PROCEEDINGS.
Please read these Terms and Conditions of Use fully and carefully before using https://www.callipeg.com (the “Site”).These Terms and Conditions of Use set forth the legally binding terms and conditions for your use of the Site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and Conditions of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
These Terms and Conditions of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Definition. For purposes of these Terms and Conditions of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site.
Notices and Restrictions. The Site may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.
Use Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Application is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Ownership. The intellectual property rights to this Site belong to ENOBEN, a French company having its principal place of business at 4 rue Marconi, 57070 Metz, France, and registered with the Trade and Companies Register of Metz under number B 881 531 958.
As a condition of use, you promise not to use the Site for any purpose that is prohibited by these Terms and Conditions of Use. You are responsible for all of your activity in connection with the Site.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site; (iii) run any form of auto-responder or “spam” on the Site; (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (v) harvest or scrape any Content from the Site; or (vi) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas of any part of the Sites, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
The Site may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of France. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions of Use shall be governed by the exclusive jurisdiction and venue of the regional courts of Grand Est, France.
We reserve the right, in our sole discretion, to modify or replace any of these Terms and Conditions of Use, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature or content) at any time by posting a notice on the Site or by sending you notice through the Application, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of the Site following notification of any changes to these Terms and Conditions of Use constitutes acceptance of those changes.
Contact. You may contact us at the following address:
Enoben SARL
4 rue Marconi
57070 Metz
FRANCE
contact@enoben.com
Effective Date of Terms and Conditions of Use: 05/17/2021
Last update : 16/11/2024
