General terms and conditions of sale and use
1. INFORMATION ABOUT THE COMPANY
The Olvid application (hereinafter “the Application”) is published by the company Olvid, a simplified joint stock company with a share capital of € 38,994.44, registered in the Paris Trade and Companies Register under number 850 667 171, headquartered at 26, rue Vignon, Paris 75009, and whose intra-community VAT number is FR07850667171.
The director and responsible for the publication is Thomas Baignères.
The server is hosted by AWS, having its head office at 67 Boulevard du Général Leclerc, 92110 Clichy, France, and reachable by phone: 01 46 17 10 00.
The purpose of these general conditions (hereinafter “General Conditions”) is to define the general rules for using the Application.
They describe the use that must be made so that it can be used safely, in accordance with the rules of law in force, and are intended to regulate the use of the Olvid messaging application, both in its free than paid form.
The co-contractor or the User acknowledges and accepts, beyond the application of these General Conditions, that the Application must be used in strict compliance with the laws and regulations in force so as not to disturb public order, derogate from morals or violate the rights of third parties. In this regard, and without limiting the foregoing, the General Conditions cannot be interpreted as derogating from the mandatory laws to which the User is subject.
Olvid reserves the right to modify the General Conditions, in particular according to the evolution of the applicable legislation, or of the market concerned.
By installing the Application on his terminal and / or accessing the Application, the User accepts without reservation all of the provisions herein, and undertakes to comply with the obligations incumbent upon him.
The User undertakes, when using the Application, to provide true, accurate and as complete information as possible. It also undertakes to update them on a regular basis.
The co-contractor or the User is understood to be a natural person of full age or having at least the legal capacity to contract for the legal person for which he is acting or for himself for a natural person.
3. INDEPENDENCE OF THE PLATFORM
These General Conditions are completely independent and independent of any other legal document emanating, where applicable, from the platform or website on which or from which the Application has been downloaded.
They are in particular different and distinct, and unrelated to the general conditions of use and the general conditions of sale and use of stores of the “Apple store” and “Google Play store” type.
Therefore, the User may not at any time invoke the general conditions of the platform or the website to set them against Olvid in the context of the performance of their respective obligations.
4. PURPOSE AND FUNCTIONALITIES OF THE APPLICATION
The Application is intended for professional use and also for private purposes. Its purpose is to facilitate communications between its Users, by guaranteeing the confidentiality of exchanges and the protection of personal data.
Unlike telephone services, the Application does not allow access to emergency services such as the police, fire department, hospitals, or any other connection to emergency call centers.
It allows the User, as soon as it is installed on the support, to:
- exchange text
- exchange attachments, whatever the nature, format and size of the files
- create discussion groups
- receive secure audio calls
- set up ephemeral messages
- use Olvid Web, Android compatible.
The application, in its paid version, allows you to:
- make secure audio calls between Users of the Application.
- interface with directories, in order to facilitate the enrollment of users and the deployment of Olvid.
New features will be regularly integrated in the updates (secure video calls, desktop clients - Windows, macOS, Linux -, video-conferences…).
Olvid can in no way be held responsible for the use of the Application by the User or by any other person with whom he or she interacts. In particular, it has no control over the content that will be sent or received. It is up to the User to judge the relevance and reliability of his own behavior and that of his contacts in the Application.
5. ACCESS TO THE APPLICATION
To access the application, the User must have a terminal (mobile device, phone, tablet, computer, etc.), and an Internet connection.
The application can be downloaded from the “App store” and Google Play “application platforms.
The free functionalities of the Application are accessible free of charge, anywhere and to any User who meets the conditions defined in Article 2 and has access to the Internet. All costs incurred by the User to access the application (terminal, Internet connection) are at their expense.
The paid functionalities of the Application are accessible under the conditions referred to in Article 7.
The General Conditions are valid for the duration of the use of the Application.
This implies that they are valid from the moment the Application has been downloaded to a medium, until it is permanently deleted from the same medium.
7. PAID VERSION OF THE APPLICATION
7.1. Products and services
The subscription to the paid version of the Application includes the software license and the user rights attached to it, as well as the graphical interface of the Application.
The subscription is made upon confirmation by the User.
In the event of taking out several subscriptions, the subscriber undertakes to ensure that these General Conditions are respected by any User.
The price is indicated in euros. It includes the Value Added Tax (VAT) in force in the territories concerned on the day of the order. Any change in the applicable rate may be reflected in the price.
The price is the one shown on the download medium (app store or Olvid website: https://www.olvid.io/pricing/en/) at the time of subscription.
Olvid offers tacitly renewable subscriptions, either as a single purchase via the stores (Premium offer), or as a group purchase of license packages (Business & Enterprise offers).
Payment is made when you purchase the subscription, for the coming period. At each renewal, by tacit agreement, the User must pay the subscription for the period to come.
For professionals only: Invoices issued by Olvid are payable before the payment deadline indicated on the invoices, unless specifically agreed between the parties.
In the event of a specific deadline negotiated between the parties, no discount will be granted for the early payment of invoices. In addition, penalties of an amount equal to three times the legal interest rate will be automatically applied to unpaid amounts from the due date of the invoice or in the event of rejection of bank payment.
In addition, the Customer will automatically be liable for a lump sum indemnity of 40 euros for recovery costs. If the recovery costs actually incurred by Olvid should exceed this amount, it reserves the right to request additional compensation upon justification.
The penalties are payable without any reminder being necessary. They run automatically from the day following the date of payment shown on the invoice.
In addition, Olvid reserves the right to suspend or cancel any subscription, whatever its nature and level of execution, in the event of non-payment or payment of an overdue and due invoice or in the event of repeated delays in payment.
These General Conditions are deemed accepted by the Customer at the time of validation of his subscription, and apply throughout the duration of use of the Application, and in its paid form until the termination of the subscription by either Party.
7.4. Right of withdrawal (applicable only to the consumer in the case of a unit purchase)
As an exception to Article L. 221-18 of the Consumer Code, the User expressly waives his right of withdrawal pursuant to Article L. 221-28 of the Consumer Code, with regard to the supply digital content not supplied on a tangible medium whose execution has started. He will not have the period of 14 days, from the contract to reconsider his decision, without having justified his decision or, if necessary, bearing the additional costs. Consequently, any order confirmation will be final and will be contractually binding on Olvid.
For the paid version of the application, renewal will be tacitly every month or every year, depending on the type of subscription chosen.
With regard to annual subscriptions, at the earliest 3 months, and at the latest 1 month, before the expiry of the period for which the contract is initially concluded, Olvid will inform the User that in the absence of a manifestation of the contrary intention of his part, his contract will be tacitly renewed on the scheduled date, for an equivalent period.
With regard to monthly subscriptions, he will be informed by message via the application, at the latest one week before, that if his contract is not terminated, the subscription will be tacitly renewed at the end of the period.
To end the subscription:
- in the case of an in-app purchase, the User may cancel their subscription directly on the stores;
- in the case of a purchase directly from Olvid, The cancellation will be made by sending an email to Olvid, one month before the planned end of the subscription.
7.7. Suspension of subscription
The subscription will be immediately suspended in the event of a payment incident (rejected payment, expiration of the bank card, default of payment, etc.).
8. TERMS OF PAYMENT
The subscription to a Subscription is done through the stores or directly from Olvid depending on the subscription method. The prices indicated on the Site, in the Application and in these General Conditions are in euros.
The prices may be subject to modifications by the Company at any time, the applicable prices being those in force and accessible on the Site or the Application when subscribing to a Subscription. After this moment, no modification of the price can take place without the agreement of the User.
In the event of a purchase directly from Olvid, payments are made by wire transfer to the contact details provided by Olvid to the customer.
9. CONFIDENTIALITY - PERSONAL DATA
The confidentiality of its Users’ data is Olvid’s priority. Olvid does not require any personal data for installation and connections. All data and metadata is encrypted. Olvid guarantees absolute confidentiality of exchanges and anonymity of users vis-à-vis third parties.
Note that Olvid uses the IP addresses of users for its operation without consulting, collecting or storing them.
Olvid only collects the data strictly necessary for invoicing. As a reminder, at no time can Olvid take cognizance of the exchanges and know which user is conversing with which user, when and how often.
The processing is carried out under the conditions explained in the Privacy and personal data protection policy, present on the Olvid site (https://www.olvid.io/privacy), which each new user is invited to consult and accept at the time of contracting.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Intellectual property
All the content of the Application is governed by French, Community and international legislation on copyright and intellectual property.
All reproduction and representation rights relating to the Application are reserved by Olvid, including all graphic, iconographic and photographic representations, regardless of the territory of protection and whether these rights have been the subject of a deposit or no.
The reproduction and / or representation of all or part of the Application, whatever the medium, including all trade names, brands, logos, domain names and other distinctive signs, is strictly prohibited and would constitute an infringement punishable by the Intellectual Property Code.
10.2. User license
Olvid grants the User a personal right to use the Application, granted on a non-exclusive, revocable, non-assignable and non-transferable basis, worldwide, and for the sole use of the Application and its content, to the exclusion of any other purpose.
Under no circumstances may the User attempt to access and / or use and / or attempt to access or use the source codes or objects of the Application.
The User may not under any circumstances assert any intellectual property right over the Application or its content, other than the rights conferred under the General Conditions.
11. LIMITATION OF LIABILITY
Olvid is committed to using all necessary means to ensure the best access to, and operation of, the Application.
The User is solely responsible for the use he makes of it. Unless they can prove fault on Olvid, the User acknowledges that any damage he will suffer as a result of his use of the Application will be his sole and entire responsibility.
By using the Application, the User undertakes not to act in a manner which would be harmful or which would have the effect of causing prejudice to the image, interests or rights of Olvid.
Olvid cannot be held liable and therefore cannot be held liable to compensate the User for any damage, direct or indirect, resulting from the unavailability of the Application.
In this regard, Olvid cannot be held liable for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses, or the attitude or behavior of third parties.
Finally, it incurs no liability due to the impossibility of accessing the Application, improper use of the Application, saturation of the Internet network, possible malfunctions of the terminals on which the Application is used, or in case of force majeure event as defined by article 1218 of the Civil Code.
12. NO WAIVER
The fact that any party does not invoke a breach by the other party of any of its obligations referred to in the General Conditions, cannot be interpreted for the future as a waiver of the action in question. .
13. APPLICABLE LAW
13.1. Applicable right
In the event of a dispute between the application and one or more users, the law applicable to the dispute will be French law.
13.2. Amicable settlement clause
Any dispute concerning the formation, interpretation or execution of these in first instance is subject to an attempt to settle amicably between the parties.
13.3. Consumer mediation
If the User is a consumer, within the meaning of the Consumer Code, any dispute that may arise, relating to the Application, or to the formation, interpretation or execution of these General Conditions may be the subject, first and before any legal procedure, mediation with Medicys, mediator referenced by the Commission for the evaluation and control of consumer mediation.
The parties undertake to provide the loyal cooperation necessary for the search for an amicable solution.
The parties undertake to keep strictly confidential all exchanges of words, letters and documents which take place during the mediation procedure.
In the event that the amicable settlement attempts undertaken by the parties have not been successful, any dispute relating to the Application or the interpretation of the General Conditions must also be brought before the Parisian courts, which alone have jurisdiction to hear them. .
However, under Article R. 631-3 of the Consumer Code, if the applicant has the status of consumer, within the meaning of the Consumer Code, in addition to the Parisian courts in which Olvid is located, he may also opt for the jurisdiction of the court of the place where he resided upon acceptance of the contract, or upon the occurrence of the harmful event.
14. CONTACT - TECHNICAL ASSISTANCE - AFTER-SALES SERVICE
Any User can address their requests, questions or comments concerning the General Conditions to Olvid by writing to: firstname.lastname@example.org.