From the Soonder smartphone application
These General Conditions of Use are concluded between :
The Company WRK, SAS with a capital of €8,000, registered in the STRASBOURG Trade and Companies Register under number 833 299 167 00019 and whose registered office is located at 15 Allée François Mitterrand – 67400 ILLKIRCH (hereinafter “the Company”),
which operates the SOONDER application available on the Google Play and Apple Store mobile download platforms (hereinafter “the Applications”).
The user who has subscribed to the service in accordance with the terms and conditions set out below (hereinafter “the User”).
Registration for the Services implies the User’s express and unreserved acceptance of these General Terms and Conditions, which he/she undertakes to respect, and excludes the application of any different or contrary provisions that may appear in commercial documents or in any general terms and conditions of purchase of the User.
In case of ambiguity and/or contradiction between these General Conditions and any other information or data appearing on the Application, on the WWW.SOONDER-APP.COM website or on any commercial or advertising document published by the Company, these General Conditions shall prevail.
The User’s acceptance is materialised by his electronic signature, materialised by the “validation click” of his registration to the services of the application.
This electronic signature has the value of a handwritten signature between the parties, the User acknowledging that he/she has fully understood and approves, without reservation, all of the Conditions indicated below.
The General Conditions of Use described below apply to the free services granted by SOONDER to its customers.
Article 1 Legal information
The SOONDER application for smartphones and the website WWW.SOONDER-APP.COM are the exclusive property of the company WRK, SAS with a capital of €8,000, registered in the STRASBOURG Trade and Companies Register, under the number 833 299 167 00019 and whose registered office is located at 15 Allée François Mitterrand – 67400 ILLKIRCH.
SAS WRK, publisher of the SOONDER application for smartphones, is the owner of the application, the name SOONDER and the domain name SOONDER-APP.COM.
The president of the company and editor is Mr. Fabien WAGNER.
SOONDER is available on the Google Play and Apple Store download platforms.
SOONDER is a free downloadable application.
The application is hosted by DEV CLIC – 204 Avenue de Colmar – 67100 STRASBOURG.
The name SOONDER and its logo have been registered with the INPI.
Article 2 Definitions
The following terms shall have the meaning given to them herein unless otherwise specified:
“SOONDER” refers to the smartphone application published by SAS WRK.
“USER” refers to any legal or natural person with legal capacity who has registered to use the services of the SOONDER application in compliance with the GTCU by having downloaded the said application from the download platforms.
“PRODUCTS AND/OR SERVICES”: refers to all the products or services offered to the customer by SAS WRK via the SOONDER application.
“ACCOUNT” refers to all the data and information attached to a User.
“CONTENT” refers to all information, text, still or animated images, data, sound, multimedia files and hypertext links exchanged, communicated and transmitted between SOONDER and the User.
“PUBLISHER” refers to the person or company that publishes pages on the Internet and makes them available to the public.
“IDENTIFIER” refers to the e-mail address/password combination allowing access to all the features of the Service.
“REGISTRATION” refers to the action of the User to register his/her details for the use of the SOONDER service. Registration to the Application is equivalent to placing an order and accepting these GTC.
Article 3 Characteristics of the Services offered by SOONDER
The SOONDER Application is a mobile contact management solution that allows users to benefit from the exchange, centralisation, unification and automatic and instantaneous updates of their contacts.
Any person may access the Services using a standard internet connection. Each User must first download the SOONDER mobile application.
The User must then fill in the registration form (first name and surname), provide a valid e-mail address and a password. Registration implies acceptance of these general conditions of use.
The combination of the e-mail address and the password constitutes the identifier required for each access to the service.
The password must have a sufficient level of security during the registration process. If the User loses or forgets the password, he/she can regain access to his/her account by following a hypertext link allowing him/her to regenerate the password.
In case of loss or forgetfulness of all his identifiers, the User must make a request by e-mail to the following address: email@example.com.
SOONDER is an application for smartphones that allows, after creating a user account :
– Create one or two contact records,
– Add or delete SOONDER contacts,
– Share SOONDER contact records,
– Make phone calls,
– Send messages (SMS or MMS),
– Send emails,
– Search for contact records,
– Add a personal memo to a received contact record,
– Close your account.
– For IPhone users only: create an SOS Widget that allows emergency services to contact a person in case of emergency.
The use of the Service requires the User to fill in the information form for the SOONDER application by completing the information concerning him/her, in particular the first and last name as well as the e-mail address.
After registration and when using the services for the first time, SOONDER will request access to the contacts, camera and photo gallery of the phone. SOONDER will not send any notification to the contacts and will not use any photo of the User without his prior validation.
As these accesses are necessary for the proper functioning of the application services, the User must authorise these accesses. SOONDER will not be held responsible for any malfunctioning of the application if these accesses have not been authorised by the User.
Article 4 Conditions of use
The Application may be modified according to improvements or updates made without prior notice; these modifications will be communicated to Users either by e-mail or by notification.
SOONDER reserves the right to cease marketing the Application, provided that the Customer is informed by any means, and that the Customer may continue to access the Application which he has already downloaded or will be given at least one month’s notice before access to the Application is definitively interrupted. The cessation of the marketing of a SOONDER product or service shall not give rise to any compensation or reparation whatsoever to the Customer.
Article 5 Personal data and data storage
In accordance with the law n°7817 of January 6, 1978 (modified), the processing of personal data of members has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL). SAS WRK undertakes to update the CNIL declaration if necessary.
SAS WRK declares that it complies with all the legal and regulatory obligations incumbent upon it in terms of personal data protection, in particular in order to guarantee the security and confidentiality of the data collected and processed on its own behalf in its capacity as data controller.
The Company expressly refrains from reselling and/or communicating to any third party the data that users provide on their pro and/or personal cards (excluding registration data) and from using them solely for its own account, in the context of its activity.
Subject to providing proof of identity, the member has the right to access, modify, rectify and delete data concerning him/her, either by writing to WRK at the following e-mail address: firstname.lastname@example.org, or at the following postal address: 15 Allée François Mitterrand – 67400 ILLKIRCH – France.
Article 6 Security of services and data
The security of SOONDER Users’ data is WRK’s priority. To this end, the security measures put in place for SOONDER Services are of a high level. WRK also uses data encryption to enhance IT security.
WRK therefore undertakes to do its utmost to ensure the security of Users’ data. However, given the complexity of the Internet environment and information systems, WRK cannot be held to an obligation of result in this respect.
The User is therefore solely responsible for the use and implementation of security, protection and backup measures for his equipment, data and software. In this respect, the User undertakes to take all appropriate measures to protect them. The User also undertakes not to commit any act that could jeopardise the security of WRK’s information systems.
Article 7 Availability of Maintenance Services
The User acknowledges that the techniques used by SOONDER are in the complex field of computer technology. SOONDER’s commitment is an obligation of means, SOONDER having to limit as far as possible in time and number the interruptions of the Services necessary for their maintenance or improvement.
The SOONDER Services are accessible 24 hours a day, 7 days a week.
Nevertheless, SOONDER shall not be held responsible for interruptions caused by the occurrence of an event beyond SOONDER’s control, possible breakdowns or a case of force majeure.
It is therefore up to the User to take precautions against these risks.
For maintenance purposes, SOONDER reserves the right to interrupt access to the Application from time to time, while endeavouring to warn the User and to make its best efforts to restore access to the Services as soon as possible.
SOONDER shall not be held liable to Users for any malfunctioning of the Services or of the technical means used, for the total or partial unavailability, whatever its duration, of all or part of the Services or of access to the Application, nor in the event of modification, degradation, alteration or loss of all or part of SOONDER Content.
The equipment (mobile phone, telecommunication means, etc.) allowing access to the Application and the Services are at the exclusive charge of the Customer, as well as the telecommunication costs incurred by their use.
Article 8 Customer obligations
The User must use a smartphone compatible with the Application.
He/she declares that he/she has received from SOONDER all the advice and information necessary to use the services offered and must check the suitability of the service for his/her needs.
The User shall bear the entire cost of equipping and connecting the User to the Internet and of using the Services offered by SOONDER.
The User acknowledges by adhering to these general conditions that he/she is solely and entirely responsible for the use of the data, information and other content that he/she transfers and disseminates through the service and that he/she has been fully informed of the extent of his/her contractual obligations.
The User indicates that he/she will use accurate information regarding his/her name, address, e-mail address or any other information provided and will not share his/her password or access to the Application.
Finally, the User undertakes not to use any content or data and not to disseminate any message, information or document of an abusive, defamatory, racist, xenophobic or revisionist nature, or which is prejudicial to the honour or reputation of others, or which incites discrimination or hatred of a person or group of persons on account of their origin or their membership or non-membership of an ethnic group, nation, race or relationship, nation, race or relationship, threatening a person or a group of persons, of a pornographic or paedophilic nature, inciting the commission of a crime or an act of terrorism or otherwise prejudicing the rights of others and the safety of persons and property.
Article 9 Intellectual Property
WRK is the exclusive owner of the exploitation rights of the SOONDER brand as well as the copyright and its logo.
As such, any reproduction, use or representation of the SOONDER brand and logo is forbidden without the express authorisation of SAS WRK, under penalty of legal proceedings.
All the content offered on the SOONDER Application or on the WWW.SOONDER-APP.COM website is the exclusive property of SAS WRK. Any reproduction, whether partial or total, commercial or free, of all or part of the paid or free content, without the authorisation of SAS WRK, will result in legal proceedings for infringement.
Article 10 Dispute – Applicable law – Jurisdiction
The present GTUs govern the relationship between SOONDER and its Customers.
The present GTC are governed, interpreted and applied in accordance with French law.
Any dispute must, prior to any referral to the courts, be sent to the company’s registered office by registered letter with acknowledgement of receipt.
The Commercial Court of the place of the registered office of SAS WRK is the only competent court to rule on any dispute between the parties, in particular concerning the execution, interpretation, termination or resolution of the present contract.
If one or more provisions of these terms and conditions are declared null and void in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.