Terms of Service

Welcome,

These Terms Of Service and the Country Annex (“TOS”) apply to you ("User") and and Resonantes based at 15 Quai Ernest Renaud, Nantes, France ("Resonantes") regarding your use of the application App-Elles ("App-Elles"), its websites and related services ("Services"). As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 15 or older. If you are between the ages of 15 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

The TOS are applicable to any User of the Application and the Services. You are invited to read carefully and on each visit the TOS which are accessible by hyperlink on the settings page under the "Legal information" section of the Application and which may be modified at any time and without notice by Resonantes. The Application may be updated regularly. In this regard, any Application downloaded by a User has a validity limited in time, taking into account these updates to download imperatively and any technical, legislative or regulatory developments, which Resonantes does not have control. These TOS are governed, interpreted and applied in accordance with French law, the language of interpretation being the French language in case of dispute over the meaning of a term or a provision of the TOS.

Effective Date: Feb 8, 2021.

Article 1. PURPOSE OF THE APPLICATION

App-Elles aims to give You access to resources and contacts that can offer you help and assistance in the face of a situation of past, present or potential violence. The application offers several features:

1. The automatic sending of information on your geographical position and your sound environment to the mobile phones of the contacts of your choice defined in advance. This service is made available to you only as a convenience and is not intended, nor should it be considered as an equivalent alternative to emergency calls to the competent authorities.
2. The pre-dialing of telephone numbers for specialized listening services, assistance platforms and emergency interventions
3. Consulting information and help resources via dedicated websites and web applications.

The application enables the user to:

• send an alert to 3 of your contacts by push notification,
• share and record in real time the GPS position of his mobile to these 3 contacts,
• share and save the audio environment to his 3 contacts,
• make a direct phone call to the national emergency services,
• initiate phone calls to professional listening numbers,
• consult specialized websites on violence against women,
• consult the once-upon-a-map.com site, an interactive map of the reception areas and permanent offices of international aid structures

This list is non-exhaustive and may be modified at any time by Resonantes without it being held liable in any way whatsoever.

Article 2. ACCESS TO APPLICATION

To access and use the Application, you must have:

    • A compatible telephone or mobile device

    • Internet access

The version of the Application software may be subject to occasional updates to add new features and new services. The application is accessible 24 hours a day, 7 days a week except in case of force majeure or other event that is beyond the control of Resonantes and subject to any breakdowns and maintenance work required to ensure the proper functioning of the application. Maintenance work may be carried out without users having been notified in advance.

Resonantes:

    • cannot be held responsible for the inability to access the Application for any reason whatsoever.

    • cannot be held responsible should the internet connection be interrupted for any reason whatsoever

Article 3. FINANCIAL CONDITIONS

The Application can be downloaded free of charge. The Application is offered to Users free of charge excluding the costs of subscription to the services of a mobile phone operator, connection costs and internet access costs, and any additional costs charged for downloading data. You may or may not be charged for the transfer of data on your environment and geographic location according to the conditions applied by your mobile phone operator.

Article 4. LICENSE TO USE THE APPLICATION

Resonantes grants the User a personal right to use the Application, Content and Services, non-exclusive, voidable, non-assignable, non-transferable, worldwide and free only for their own needs in connection with the use of the Application and Services, and to the exclusion of any other purpose. Users are strictly forbidden from accessing and/or using the Application source codes and/or Application software components.

The User does not acquire any intellectual property rights in the Application, the Content and/or the Features, or any other rights other than those conferred by the present. This license does not give the User any right of use on the Content. It is therefore prohibited for the User to reproduce, represent, adapt and/or exploit any Content. The User expressly undertakes that the use of the Application does not in any way affect the rights of Resonantes, and in particular, that such use does not constitute an act of counterfeiting, unfair or parasitic competition of the Content.

Article 5. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE APPLICATION

The entire “App-Elles” application is protected by French and international intellectual property rights. All reproduction and representation rights are reserved, including for downloadable documents. All the text, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally, all of the elements making up the “App-Elles” application cannot, in accordance with Articles L122-4 and L341-1 et seq. of the French Intellectual Property Code, be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any media whatsoever, without the express prior authorisation of Resonantes and its partners. Failure to comply with this prohibition would constitute an act of infringement and may engage the civil and/or criminal liability of its author. Resonantes and its partners reserve the right to initiate legal proceedings against any person who fails to comply with this prohibition. None of the legal provisions of these TOS can be interpreted as a cession, transfer, sale, concession, licence, loan, lease, or operating authorisation granted directly or indirectly by Resonantes for the benefit of the User on the Application, its Content, and/or Services.

Article 6. THE ALERT FEATURE

The User can create up to three trust relationships with other users. Whenever the User feels the need to alert his contacts (emergency, prevention, etc.), he triggers the alert which starts recording audio and location data and sends them to his trusted contacts. Thanks to the alert data, his trusted contacts can organize the appropriate response.

Specific conditions of use may apply outside french national territory. To know the specificities applied to each country, refer to the Country Annex.

• Real time GPS tracking

In order to access location data  the Application requires the express prior consent of the User. To do this, the User must activate the location function directly in the settings of his mobile terminal and accept that the Application can use it. This feature can be deactivated or activated at any time and without charge. By enabling the location functionality of the mobile phone and the Application, the User can share his location data in real time with the contacts of his choice when sending an alert. The location service may not work accurately, permanently or without error depending on circumstances such as network connectivity, availability of GPS / Wi-Fi information, the state or battery level of your mobile or that of the contacts of your choice and / or other circumstances beyond the control of Resonantes. The accuracy of information on your location and the punctual availability of the Services may be affected by your environment, as well as the state of your mobile phone and that of the contacts of your choice.

• Live audio streaming

The use of the audio capture feature of the mobile microphone requires the express prior consent of the User to be recorded. To do this, the User must authorize the use of the microphone of his mobile device with the permissions requested during the first installation of the application. This feature can be deactivated or activated at any time and without charge. By accepting the microphone capture functionality of the mobile terminal, the User can share the sound environment of his mobile in real time with the contacts of his choice when sending an alert in progress. The audio capture service may not function accurately, permanently or without error depending on circumstances such as network connectivity, the state or the battery level of your mobile or that of the contacts of your choice and / or other circumstances beyond the control of Resonantes.

Article 7. CODE OF CONDUCT

The User expressly agrees:

• to download the Application on their device for strictly personal, non-commercial use;

• not to reproduce, permanently or temporarily, all or part of the Application by any means and in any form;

• not to use software or processes intended to copy the Content without the prior written permission of Resonantes.

• not to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or Reverse Engineering to all or part of the Application, Services and/or its Content;

• not to export the Application, and not to merge all or part of the Application with other computer programmes;

• not to make short quotes, analyses and reproductions intended for press reviews or any other use expressly authorised by the law within the limits and conditions set by the latter and subject, in particular, to mentioning the names of the authors and the editorial source

• to expressly waive the use of software or devices that may interfere with the proper functioning of the Application, or to take any action likely to impose a disproportionate burden on the infrastructures of Resonantes;

• not to recover or reuse, including for private purposes, any part, whether it be substantial or not, of the database content and archives formed by the Application without the prior written authorisation of Resonantes;

• not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate these TOS;

• to inform Resonantes of any known act of piracy and in particular, of any unlawful or non-contractual use of the Application and or the Content, regardless of the method of dissemination;

• not to sell, rent, sub-licence or otherwise distribute the Application and/or the Content to third parties in any way whatsoever.

Article 8. WARRANTY LIMITS

The “App-Elles” application is provided “as is” and “as available” without warranty of any kind. The User acknowledges and accepts the characteristics and limitations of the Internet network and, in particular, its functional characteristics and technical performance; problems relating to the connection and/or access to the Internet network and/or websites; problems relating to network availability and congestion; problems relating to network failure or saturation; problems relating to the transit time, access to the information posted online, the response time to display, consult, query or otherwise transfer data; the risks of interruption; the absence of protection of certain data against possible misuse or piracy; the risk of contamination by viruses circulating on said networks, etc., for which Resonantes shall not be held liable. Resonantes cannot be held responsible:

• in case of data transmission fault, loss, delay or error which are beyond its control;

• for sending messages and/or data to a false, incorrect or incomplete address;

• if Resonantes does not receive the data, for any reason, or if the data it receives is illegible or impossible to process;

• if the User could not manage to access or use the Site, Application and/or Services for any reason whatsoever;

• if, for any reason, the connection should be interrupted.

It is the sole responsibility of the User, like any other web user or mobile phone owner, to protect their own equipment, particularly against any form of attack from viruses and/or hacking attempts for which Resonantes can in no way be held responsible. As such, it is the sole responsibility of the User to take all appropriate measures to protect their own data and/or software stored on their equipment (telephone, computer) against any threat (malfunctioning, virus, piracy. The list of examples is not exhaustive).

• The User is solely responsible for the installation, operation and maintenance of their technical equipment needed to use the Application. In any case, Resonantes will in no way be held responsible should the Application be incompatible or cause the malfunctioning of some of the User’s equipment.

• The User is solely responsible for the use they make of the Application and cannot hold Resonantes liable for any claim and/or proceeding brought against him or her. The User undertakes to assume personal responsibility for any complaint and/or proceeding that might be brought against Resonantes and that is related to their personal use.

• Resonantes cannot be held responsible in case of failure to comply with the laws of a foreign country.

• Links may refer to other applications, websites or other social networks. Resonantes cannot be held responsible in cases where the content of such applications, websites or social networks contravenes the rights of a third party and, more generally, the legal or regulatory provisions in force.

• The information communicated in the “App-Elles” Application is provided on an indicative basis; it is non-contractual and Resonantes cannot be held responsible for its content. It can be modified or updated without prior notice.

• Resonantes also reserves the right, at any time and without notice, to make any changes or improvements to the Application. Resonantes cannot be held liable for any omissions and/or errors that the Application may contain.

• The version of the “App-Elles” Application may be updated from time to time to add new Content and/or new services without notifying the User in advance.

• Resonantes cannot be held liable for any direct or indirect damage of any kind resulting from the use of the Application or from the inability to use it.

• Resonantes cannot be held liable for any direct or indirect damage of any kind resulting from the use of, or inability to use, the websites linked to the Application or that Users can access via the Application.

Article 9. AMENDMENT OF TERMS OF SERVICE

The applicable TOS are those in force on the date of login and use of the Application by the User. Resonantes reserves the right to modify, at any time, all or part of the TOS without notifying or informing Users in advance in order to adapt them to changes in Services, technical developments, legal or case law, or when setting up new services. Any changes made by Resonantes to the TOS will be brought to the attention of Users simply by posting them online. These changes are deemed accepted without reservation by any User who accesses the Application subsequent to said posting. Resonantes therefore invites all Users to regularly consult the TOS  Any new Service incorporating new technologies or new characteristics that improve the quality of existing Services shall also be subject to these TOS, unless expressly provided otherwise.

Article 10. TERMINATION

Resonantes may terminate use of the Application at any time. At the time of termination of the Application, all rights and licenses that were provided to the User shall be terminated and the User shall end all use of the Application.

Article 11. CONTACT

Any questions relating to the Application and/or its Services should be submitted by post to the following address: Resonantes, 15 Quai Ernest Renaud, 44100 Nantes, France.

Article 12. APPLICABLE LAW

These TOS are subject to french law. Any dispute or litigation relating to the execution or the interpretation of these Terms Of Use that cannot be settled amicably between the parties will be submitted to the competent courts under the jurisdiction of the Commercial Court of Nantes, France.

Country Annex

Resonantes makes certain services of its application available to professionals and government entities. In the event of a contradiction between the TOS and this Country Annex, the Country Annex prevails with regard to the operation of the services of  App-Elles.

Article 6. THE ALERT FEATURE

The data collected when an alert is triggered by the User on the Chilean national territory may also be shared and consulted by operators designated by the Ministry of Women's Rights of the Chilean government.

Exceptional experimentation: from February 08 to August 08, 2021

During this period, all alert data triggered by the User present in the metropolitan area of Santiago will be automatically, and by default, also shared with operators designated by the Ministry of Women's Rights of the Chilean government.

This experiment aims to allow the Ministry of Women's Rights of the Chilean government:

• To assess the relevance, reliability and qualities of the alert function,
• To study and understand the use cases of the alert function,
• To experience the professional supervision service provided by Resonantes.