Terms & Conditions

VERY IMPORTANT :

Please read these terms of use carefully before using the IKYNESIS application ("the Application"). These conditions of use constitute a contract between the company SOMA ("the Company"), a simplified joint stock company with a capital of €2,000, registered in the Toulouse Trade and Companies Register under number 890 334 386 and having its registered office at 67 chemin Ferro Lebres 31170 Tournefeuille and each of the users of the Application ("the Users"). They are binding on all Users, and these conditions of use apply unconditionally to all use of the Application, regardless of the medium used (computer, cell phone, tablet, etc.).

These conditions of use may be updated from time to time. Any change to these conditions of use will be notified. Any use of the Application following this notification will presume your acceptance of the modifications made.

These terms of use are supplemented by a privacy policy which describes the collection and use of personal data via the Application, and by General Terms and Conditions of Sale.

You acknowledge that this agreement is entered into between you and the Company, and not with the application marketplace on which you downloaded the Application (i.e. for IOS users, the App Store operated by Apple Inc. or Android users, the Google Play store operated by Google Inc.). 

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT PURCHASE, INSTALL OR USE THE APPLICATION.

 

Contents

 

1.       General principles. 2

2.       General conditions of access to the Application... 2

3.       Ownership of content. 3

4.       User Code of Conduct 4

5.       Copyright infringement. 4

6.       Partners of the Application. 5

7.       Responsibilities and warranties. 5

8.       Deletion of the Application and your account. 6

9.       Handling disputes. 6

10.     Electronic Communications. 6

11.     Right of assignment. 6

12.     Contract enforcement. 6

 

1. general principles

The IKYNESIS application (hereinafter referred to as the "Application") is not sold but licensed. The structure, organization and code of the Application are trade secrets of the Company.

 

The Company provides you with the Application and integrated or related data, including electronic or "online" documentation and printed materials, and grants you a limited, non-exclusive license to use the Application in accordance with the terms of this Agreement.

 

Similarly, but subject to the restrictions set out in the following paragraphs, you may only copy the Application for your own personal use for the purposes of (i) viewing it and (ii) saving it, provided that you do not remove any apparent copyright notices and that you do not modify the Application in any way.

 

You agree not to reproduce, copy, modify, decompile or disassemble in any way any part of this Application, not to reconstitute its logic or create derivatives thereof, and not to transfer or distribute it in any form or for any purpose whatsoever, except to the extent permitted by applicable law.

 

You may not assign or rent the Application to a third party.

 

The Company reserves the right to modify the Application or to cease providing the Application, at any time and for any reason whatsoever.

 

If the Company ceases to provide the Application, or if you fail to comply with the terms of this agreement, this agreement shall terminate immediately, together with any rights you may have under it. The exclusions of warranty and liability contained in this contract shall survive termination, for whatever reason, of the contract.

 

If you require technical or functional assistance with the installation, uninstallation, use or operation of the Application, or if you have any questions, complaints or requests concerning the Application, please contact the Company at contact@ikines.is.

 

2 General conditions of access to the Application

To use the Application, you must be of legal age or have the authorization of your legal representative (parent, guardian).

 

When you create your user account, you must :

Provide accurate and up-to-date information;

Provide strictly personal information (you may not create an account in the name of or on behalf of a third party without that party's express authorization);

Ensure the security of your connection data. Keep your username, password and login secure and do not authorize anyone else to use your account.  

Inform the Company immediately of any fraudulent use of your account. The Company will not be liable for any loss or activity resulting from unauthorized use of your account.

3 Ownership of content
Content is either that of the Application or that of the User.

 

3.1 Application content
The content of the Application is all content that is not that of the User.

 

All content of the Application - including, but not limited to, text, software, scripts, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features, articles, news, diagrams, animations, labels, general illustrations and other content - is the property of the Company, and is protected by intellectual property rights.

 

Your access to or use of the Application or its content does not grant you any rights to the trademark and trade name, which remain the property of the Company.

 

You agree not to modify or delete any proprietary notices contained in any documentation downloaded or printed from the Application.

 

In the event that the Company authorizes the downloading or use of content, the Company grants you a limited, personal, non-transferable, non-sublicensable and revocable license to access and use such works, within the limits of the purposes assigned to them, and only for so long as the Company makes such content available to the public. You do not acquire any ownership rights to the content, which is reserved for personal, non-commercial use. The Company reserves the right to monitor your use and to modify or revoke your license or access to the content at any time and for any reason. The Company reserves the right to remove any content that violates these terms of use or infringes the Company's intellectual property rights. This authorization for limited use does not constitute a waiver of the Company's rights to the content of the Application.

 

Subject to the specific usage rights granted to you by the Company via the Application, you agree not to use, copy, edit, translate, display, redistribute, download, transmit, sell, create derivative works from, or exploit the content in any way, including third-party user content, without the prior written consent of the Company. Unauthorized use of the content of the Application may constitute an infringement of the Company's rights and may result in civil or criminal penalties.

 

3.2 User content
Certain functions of the Application allow Users to publish content (photographs, videos, comments, etc.). All User publications constitute User content.

 

The Company is not responsible for User content.  You must ensure that the content published is lawful, and in particular that it respects the rights of third parties.

 

Your User content belongs to you. However, you agree to grant the Company a non-exclusive, perpetual, transferable, sub-licensable and royalty-free license.

 

This license also covers the image of any person appearing in your content, or any concepts or ideas contained in such content, for any purpose, including commercial, including the right to translate, perform, reproduce, modify, create derivative works from, sublicense, distribute and assign such rights.

 

With respect to any comments, feedback or ideas you send to us on a non-confidential basis, you grant the Company a perpetual, worldwide license to use all comments, feedback and ideas you share with us, without any notice, compensation, or acknowledgment to you, for any purpose whatsoever, including developing, manufacturing and marketing products and services and creating, modifying or improving products or services.

 

The Company may, at its sole discretion, remove any User Content at any time.

 

Deleted User Content may remain on the Company's systems to the extent that it has been publicly posted or shared with others who have not deleted it, unless you or the relevant person request deletion or blocking of the Personal Data in accordance with applicable law.

 

4.user code of conduct
The User undertakes first to respect the elementary rules of courtesy and politeness customary in all public or private exchanges.

 

You must use the Application with due care.

 

You must not post any content without all the necessary authorizations and rights. In particular, you must respect the rights of third parties.

 

You must not commit any action that may cause harm to the Application or its users, and in particular that may disrupt, damage, alter, overload or limit the functioning of the Application.

 

You must not post any content containing software viruses, programs or other computer code, and you must not circumvent or modify the Application's software or security technologies.

 

You must not use data collection techniques such as data mining, robots or similar methods.

 

You must not use any automated technology to interact with the Application.

 

5 Copyright infringement
The Company is entitled to terminate the accounts of users of the Application who infringe the copyright of third parties. 

 

6.application partners
The Company may associate with or enter into partnerships with third-party websites, social networking platforms, mobile applications, or other third-party products and services (hereinafter "Third Parties"). You may be able to connect to these Third Parties via the Application, but this does not imply that the Company approves, manages or exercises any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You are invited to familiarize yourself with the conditions and privacy policies of the Third Party sites. The Company is not responsible for the content, policies, or activities of Third Parties and you interact with such Third Parties at your own risk.

 

7 Responsibilities and warranties
7.1 General information
The Application is provided to you "as is" and you agree to use it at your own risk. The Company disclaims all warranties, representations or statements of any kind, express or implied, statutory or otherwise, including, without limitation, warranties of content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results obtained from the Application, nor do they warrant that the Application will be uninterrupted or error-free.

 

The Company is not responsible for your interactions with other users of the Application or for any damages you may suffer as a result of such interactions. Before meeting another user in person, take care to investigate, bring a friend, choose a public place and inform someone where you will be. The Company is under no obligation to take part in any conflict between users, but may do so at its sole discretion. 

 

7.2 Special case relating to physical activity
The Application promotes physical activity, nutrition or well-being in general. This content is for informational purposes only, does not constitute medical advice or service, and is not intended for diagnosis or treatment.  

 

You should assess the risks involved and consult your doctor before undertaking any physical activity.

 

Never disregard medical advice or delay seeking it because of something you have read on the Application.

 

The Company shall not be held liable for any damage or injury you may suffer as a result of your use or inability to use the functionalities of the Application.

 

8.deletion of the application and your account
The Company may delete or modify the Application at any time without notice.

 

The Company may terminate or suspend your account, delete your profile or all or part of your User Content, and restrict your use of all or part of the Application at any time and for any reason, without incurring any liability. 

 

User content that is public may remain so after deletion of the User's account, subject to the exercise of your personal data rights.

 

The present conditions remain applicable even if your account has been terminated or you have ceased to use the Application.

 

9 Dispute management
In the event of a complaint, please contact us in order to find an amicable solution.

 

The applicable law is French law. Any dispute shall be submitted to the jurisdiction having material and territorial competence in accordance with the general rules of the Code of Civil Procedure, without prejudice to the implementation of amicable dispute settlement measures provided for by the texts in force.

 

10 Electronic communications
By using the Application, you agree to receive electronic communications from the Company.

 

11 Right of assignment
The Company may assign its rights and duties under these Terms to any party at any time without notice to you, subject to applicable law; any such assignment will not affect any rights or obligations applicable to you under these Terms.

 

12 Enforcement of contract
The Company's failure to strictly enforce and/or apply these terms shall not be construed as a waiver of these terms or the Company's rights. Users should always assume that these conditions continue to apply.  

 

If any provision of these conditions is found to be invalid or unenforceable, the remaining conditions shall remain in full force and effect.