Revised general conditions as of 08/22/2023
Publisher:
Kwit, SAS with a capital of 50.010 €, registered in the Trade and Companies Register of Strasbourg under the number 819 528 597, having its registered office at 31, rue du Fossé des Treize, 67000 Strasbourg, France, represented by Mr. Geoffrey KRETZ, in his capacity as President, publish the website and the Sobero application.
Hosting :
The website is hosted by OVH (2 rue Kellermann - 59100 Roubaix - France).
Director of the publication: Mr. Geoffrey KRETZ
Preamble:
SOBERO IS AN ONLINE SERVICE PUBLISHED BY THE COMPANY KWIT SAS, WHICH PROVIDES CONTENT TO CONTROL ALCOHOL CONSUMPTION. THE USE OF SOBERO IMPLIES THE TOTAL ADHESION TO THE PRESENT GENERAL CONDITIONS: THE USER DECLARES TO HAVE TAKEN KNOWLEDGE AND TO HAVE ACCEPTED EXPRESSLY AND UNCONDITIONALLY THE PRESENT GENERAL CONDITIONS IN FORCE ON THE DAY OF HIS REGISTRATION TO SOBERO.
ARTICLE 1 - Definitions
Each of the expressions below will have the following meaning in the present general conditions:
• "Solution(s)" refers to the developed infrastructures, including data of different natures, and in particular texts, sounds, still or animated images, videos, and databases, intended to be consulted and accessible on the website, mobile applications, and tablet applications called SOBERO;
• "Kwit" refers to the company Kwit SAS, publisher of the solutions;
• "Content" refers to writings, images, or messages of any kind exchanged on the Solutions;
• "server" means all the equipment intended for the implementation of the functions necessary for the publication, maintenance, and online availability of the Solutions;
• "user(s)" and/or "you" means the person who accesses and/or is registered on the solution;
• "package" means a paid subscription to the solution for a specific period;
• "personal data" and/or "personal data", "processing" have the same meaning as in the French law called "Informatique et Libertés" n°78-17 of January 6, 1978 modified.
ARTICLE 2 - Purpose
The purpose of these Terms and Conditions is to define the conditions under which the user may access and use the Solutions. No deviation from these Terms and Conditions shall be permitted without the express prior consent of Kwit. The Terms and Conditions constitute the entire agreement between Kwit and the user and supersede any prior oral or written agreement relating to the subject matter hereof.
ARTICLE 3 - Registration Terms
Upon registration, the user agrees to read these Terms and Conditions. He also provides accurate and actual information for implementing the proposed features. In particular, the user agrees not to create a false identity that could mislead third parties and not impersonate another individual.
In the event of inaccurate or misleading information or impersonation of a user, Kwit may immediately and without notice or compensation suspend or terminate the user’s Member account and deny the user access, temporarily or permanently, to all or part of the features. Kwit shall not be liable for the accuracy or inaccuracy of any information provided by the user. In the event of a change, the user agrees to update the information provided by them when registering online immediately.
Because Kwit does not have the technical means to verify the identity of persons registering as members, Kwit is not responsible for any impersonation of a user. If you believe someone is attempting to impersonate a user account, you should immediately notify Kwit at hello@sobero.app. If a user is disseminating or using their credentials or avatars contrary to their intended purpose, Kwit reserves the right to terminate the user's account without notice.
Minors are allowed to register on the Solutions, provided they have obtained prior consent from their parents or, if applicable, from the person with parental authority to do so. Kwit has the right to request proof of identity from any user and make any verifications. Kwit has the right to delete any member account if such evidence is not provided within the allotted time. Kwit will immediately delete any Member account upon receipt of a parental request to close the such account and related content.
ARTICLE 4 - Connection identifiers
The user must enter their email address and choose a password when registering. The user is responsible for correctly reporting their login information. If the user enters incorrect information, Kwit cannot be held accountable.
These credentials are intended to restrict access to the Solutions to the user and to protect the integrity and confidentiality of the data exchanged; they are personal and confidential. The user is entirely responsible for maintaining the confidentiality of his member account. He undertakes to do everything in his power not to divulge his connection identifiers, in any form whatsoever, in particular not to write them on any medium, paper or electronic, which a third party could quickly consult. They alone will bear the consequences that could result from their use by third parties who would have known of them. Reference is made here to the "advice of the CNIL for a good password" as well as the recommendations of the ANSSI.
The user must immediately notify Kwit in case of usurpation or unauthorized use of his account at the following email address hello@sobero.app.
ARTICLE 5 - Use of Solutions
The user shall not:
• use the Solutions in conditions that could damage, overload, or alter them;
• extracting or collecting information relating to other users;
usurp identities;
• encourage the practice of illegal, threatening, or obscene activities;
• upload viruses or other malicious code to the solutions;
• intimidate or harass other users in any way;
• offer or recommend training content to the community other than that provided on the Solutions.
IN THE EVENT OF FAILURE TO DO SO, KWIT RESERVES THE RIGHT TO TAKE ANY APPROPRIATE ACTION, INCLUDING LEGAL ACTION, AND IN PARTICULAR, TO SUSPEND OR DENY ACCESS TO THE PLATFORMS OR TO DELETE THE USER'S ACCOUNT.
ARTICLE 6 - Functionalities
THE USER MUST HAVE A SUBSCRIPTION OR A PAID PACKAGE TO ACCESS THE SOLUTION'S FEATURES.
(a) Type of packages:
Packages and subscriptions have a price and duration. They are presented in the application and on the website.
(b) Technical Support:
Kwit provides the user with technical support. Any support request should be made directly to Kwit, at the following address hello@sobero.app or directly via the contact form within the solutions.
(c) Hosting:
The Solutions are hosted by Google Cloud Platform, acting on behalf of Kwit.
ARTICLE 7 - Privacy
Kwit is committed to protecting the privacy of its users per applicable regulations, as outlined in its Privacy Policy. The user acknowledges that they have expressly agreed to collect and process their data by creating an account. The processing carried out has been declared to the CNIL under the number 2115201.
Users are required to comply with the provisions of the Data Protection Act mentioned above, whose violation is punishable by criminal penalties. In particular, they must refrain from collecting or using any personal data to which they may have access, and in general, from any act likely to infringe on the privacy or reputation of individuals.
The user has the right to oppose, access, and rectify data concerning him. He can thus require that information concerning him that is inaccurate, incomplete, ambiguous, or outdated be corrected, completed, clarified, updated, or deleted. To exercise these rights, the user may send a request directly to Kwit at the following email address hello@sobero.app. Kwit reminds users that they may also object, for legitimate reasons, to the processing of such data.
The user is solely responsible for the quality, lawfulness, and relevance of the personal data provided to Kwit. The User warrants that they have fulfilled their obligations and informed the natural persons concerned about using such data.
In this respect, they guarantee Kwit against the following :
• any recourse, complaint, or claim from a natural person whose personal data is processed;
• at first request, against any prejudice resulting from a third party challenging Kwit for a breach of this guarantee.
ARTICLE 8 - Intellectual property
All elements of the Solutions, trademarks, logos, designs, graphics, icons, texts, training and nutrition content, applications, scripts, functionalities, as well as their selection or combination appearing on the Solutions, are the exclusive property of Kwit and are subject to protection under applicable intellectual and industrial property rights.
Kwit grants the user only a strictly personal, non-exclusive, non-assignable, and non-transferable right to use all Solutions elements, which does not entail any assignment of the rights referred to above. In this regard, the user is prohibited from using the Solutions in any manner contrary to their intended purpose, i.e., the normal use of the Solutions, including copying, reproducing, modifying, distributing, displaying, or selling, by any means or in any form, in whole or in part, any element of the Solutions or relating to the Solutions, by any means whatsoever, and for any other purpose, including for commercial purposes, without the prior written permission of Kwit. In the absence of such authorization, Kwit may immediately terminate and delete the user's account without cause, with or without refund, without notice, and take any appropriate action, including legal action.
All elements of the Solutions, including their documentation, remain Kwit's exclusive property. The user is expressly prohibited from using the Solutions in any manner inconsistent with these Terms, including but not limited to:
• any reproduction of the Solutions, in any form and on any media, including modification, merging, or inclusion in other software and/or change of the accompanying documentation
• any translation, adaptation, or arrangement of the solutions;
• any provision of the solutions, in whole or in part and by any means;
• any modification of or intervention in the Solutions of any kind, including to correct errors that may affect the operation of the Solutions, to the extent that the right to correct such errors is reserved solely to Kwit;
any disclosure, marketing, or use of the Solutions for the benefit of third parties, as well as any training of third parties in the use of all or part of the Solutions.
IN THE EVENT OF INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS, KWIT MAY BRING AN ACTION FOR INFRINGEMENT BEFORE THE CIVIL OR ADMINISTRATIVE COURTS TO OBTAIN COMPENSATION OR BEFORE THE CRIMINAL COURTS TO OBTAIN CRIMINAL PENALTIES. INFRINGEMENT OF COPYRIGHT IS PUNISHABLE BY A FINE OF 300,000 EUROS AND 3 YEARS IMPRISONMENT. ADDITIONAL PENALTIES, SUCH AS CLOSURE OF THE ESTABLISHMENT, CONFISCATION, AND PUBLICATION BY WAY OF POSTING THE JUDICIAL DECISION, MAY ALSO BE PRONOUNCED.
ARTICLE 9 - Liability
The user shall hold Kwit harmless from any action taken against it or any complaint filed against it resulting from using the Solutions under conditions that do not comply with these Terms and Conditions. In addition, the user shall be solely responsible for using their credentials (email and password) by third parties, actions, or statements made through their member account and shall indemnify Kwit against any claims. This warranty covers any amount Kwit may be required to pay for any reason, including attorneys' fees and court costs that are awarded or adjudicated.
Kwit will use its best efforts to keep its Solutions available at all times but shall not be liable for any failure to operate or inability to access the Solutions due to external circumstances, including the network or the method of connection to the network. Kwit may decide to interrupt access to its Solutions for maintenance or updating purposes. Kwit will take all appropriate measures so that the user can be informed of the interruption as well as possible. Kwit will not be held responsible for the consequences of these interruptions for the user or any third party.
ARTICLE 10 - Non-compliance with these Terms of Use
In case of non-compliance by the user with any of the provisions of these Terms of Use or provision of inaccurate or misleading information and/or impersonation of a User, Kwit reserves the right to suspend or terminate the User's Member account immediately and without compensation and to deny the User access, temporarily or permanently, to all or part of the features.
ARTICLE 11 - General Provisions
(a) Intuitu personae:
This agreement shall not be modified, assigned, contributed, or transferred in any manner whatsoever.
(b) Independence of clauses:
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for herein, regardless of the frequency and duration, shall not be deemed to constitute a modification of the present, nor be likely to create any right whatsoever. If a clause of the present contract is nullified, its nullity shall not affect the other stipulations or the validity of the current contract. The Parties shall endeavor to amend the invalidated provision so that it complies with the rule while maintaining the balance and objectives of this agreement.
(c) Force Majeure:
The obligations under these Terms and Conditions shall be suspended in the event of a force majeure event. If the force majeure event lasts more than forty days, either party may terminate the current package with immediate effect, without compensation. Kwit shall not be liable for any delay or non-performance.
(d) Modification of this Agreement:
Kwit has the right to modify these Terms and Conditions. In such an event, we will inform the user of such changes simultaneously as the new Terms and Conditions are posted online.
Kwit encourages the user to refer to the Terms and Conditions each time the user visits the Site to review the most current version of these Terms and Conditions, which are permanently available online.
The user may, subject to prior notification to KWIT, freely terminate the Services if the user does not wish the contractual relationship to be governed by the new Terms and Conditions.
ARTICLE 12 - Applicable law and settlement of disputes
The present General Conditions are governed by French law.
If a provision of the General Terms and Conditions should be held invalid or declared as such in the application of a law, a regulation, or following a final decision of competent jurisdiction, the other provisions will keep all their force and scope.
In the event of any difficulties regarding the interpretation or execution of these Terms and Conditions, the Parties shall endeavor to resolve their differences amicably, in which case the Parties shall engage in mediation before instituting any proceedings.
The present General Conditions are composed of 12 articles.