General terms of conditions
The purpose of these general terms and conditions of use is to set out the conditions of use of the In-memory Android and iOS mobile application and to establish the terms of access to the services offered therein.
To view our Privacy Policy, click here.
Summary
ARTICLE 1 – GENERAL INFORMATION
ARTICLE 2 – DEFINITIONS
ARTICLE 3 – DESCRIPTION OF SERVICES
ARTICLE 4 – CONDITIONS OF ACCESS AND USE OF THE SITE AND SERVICES
ARTICLE 5 – AVAILABILITY AND MODIFICATION OF THE SITE AND SERVICES
ARTICLE 6 – ACCESS TO SERVICES – CREATING AN ACCOUNT
ARTICLE 7 – GENERAL TERMS AND CONDITIONS OF SALE FOR THE SITE AND SERVICES
ARTICLE 8 – LIABILITY
ARTICLE 9 – PROCESSING OF PERSONAL DATA
ARTICLE 10 – MODIFICATION / CANCELLATION OF AN ACCOUNT
ARTICLE 11 – INTELLECTUAL PROPERTY
ARTICLE 12 – CUSTOMER SERVICE
ARTICLE 13 – MODIFICATION OF THE CGU
ARTICLE 14 – INDEMNITIES
ARTICLE 15 – MISCELLANEOUS
ARTICLE 16 – APPLICABLE LAW AND JURISDICTION
Article 1 - General information
In-Memory SAS, a company with a share capital of 20,000 euros, registered in the Paris Trade and Companies Register under number 909 557 373, and whose registered office is located at 25, rue de Verneuil, 75007 Paris, France (hereinafter the “Publisher” or “We/We”), publishes and operates the application under the “In-memory” brand, providing access to various services, as detailed in article 3 “Description of Services” below.
Email address : help-fr@in-memory.fr
Publishing director : Christophe Marlot
Host : OVH SAS, 2 rue Kellermann, 59100 ROUBAIX
Browsing the application and accessing and using the Services by the User automatically implies express acceptance, without restriction or reservation, of these GCU by the User, including all future modifications, as more fully detailed in article 13 “Modifications to the GCU” below. Any User who does not wish to be bound by these GCU is invited to immediately cease all use of the application and Services.
By visiting the application, the User expressly agrees to comply with all applicable laws and regulations (hereinafter the “Applicable Law”).
The User may receive a copy of these GCU by writing to the Publisher at the following email address : help-fr@in-memory.fr.
In the event of non-compliance by the User with the terms of these GCU and/or Applicable Law, the Publisher reserves the right to take any action likely to protect its interests and in particular to ensure its enforcement. In particular, the Publisher may bring civil and/or criminal proceedings against the User.
Article 2 - Definitions
“Subscriber” refers to any User acting as a private individual or professional, who has subscribed to one or more Pay Service(s), in accordance with the terms and conditions detailed in article 7 “General terms and conditions of sale of the application and Services” below.
“Subscriber” refers to the natural person benefiting from the services.
“App” means the mobile application edited and/or controlled by the Publisher In-memory made available to Internet users by download via the online application platforms Google Play (Android) and Apple Store (iOS).
“Application” means the Android and Apple In-memory mobile application edited and/or controlled by the Publisher.
“Account” refers to the space made available to the Subscriber registered on the Site, enabling him/her to access the Service(s) to which he/she has subscribed, once he/she has identified him/herself using his/her login details.
“Content” refers to all information and publications accessible on the Application and Services, including but not limited to written content (text, etc.), visual content (animated or non-animated images, photographs, illustrations, graphics, etc.), audio content (sounds, music, etc.) and audiovisual content (videos, gifs, etc.), the general structure, hypertext links of which the Application is composed, files, distinctive signs, trademarks and logos constituting the Editor’s graphic charter, associated databases and their content. ), to the general structure, to the hypertext links of which the Application is composed, to the files, to the distinctive signs, trademarks and logos constituting the Publisher’s graphic charter, to the associated databases as well as their contents, including in particular textual or encrypted data, graphics, tables, photos, videos, presentations hypertext links, and to any other material or content, and with the exception of User Content as defined in article 11.2 hereof.
“Price” means the detailed list of the Chargeable Service(s) to which the Subscriber has subscribed, issued by the Publisher and validated by the Subscriber, as well as the conditions of subscription to the Chargeable Service(s) and the terms and conditions of performance of said services.
“User” or “You” refers to any individual or legal entity connected to the Site.
Article 3 - Description of Services
The Services enable Subscribers to create and manage messages that will be sent to the recipient(s) specified by the Subscriber(s), via the In-memory application from and only when the In-memory application is informed of the disappearance/death of said Subscriber(s).
The In-memory application is informed of the disappearance/death of said Subscribers by the Confidants, natural or legal person(s) chosen and designated by the Subscribers.
The Site offers Users the services detailed below:
– A Free Service : an account creation service with limited use of the Services, available free of charge to all Users via the App, subject to identification, as detailed in article 6 “Access to the Services – Creation of an Account” below, and
– Paid Services :
a. account creation service with paid and limited use of the Services by monthly subscription, available to all Users via the App, subject to its identification, as detailed in article 6 “Access to Services – Account Creation” below, or
b. account creation service with unlimited paid use of the Services by monthly subscription, available to all Users via the App, subject to identification, as detailed in article 6 “Access to the Services – Creation of an Account” below, and
c. account creation service with lifetime unlimited paid use of the Services by a one-off payment on account creation, available to all Users via the App, subject to identification, as detailed in article 6 “Access to Services – Account creation” below, and
The Services include all URLs marked “In-memory“, on any medium, in particular web and mobile, and all other functionalities, content or applications occasionally offered by the Publisher in connection with the Publisher’s activity.
Article 4 - Conditions of access and use of the Site and Services
Use of the Site and access to the Services require an Internet connection. These connections are not paid for by the Publisher, and it is therefore the User’s responsibility to subscribe to an Internet service in order to use the Site and access the Services. All costs relating to the hardware, software and Internet subscriptions required to use the Site and access the Services therefore remain the sole responsibility of the User.
The User is solely responsible for the proper functioning of his/her computer equipment and Internet connection, as specified in Article 8 “Liability” below.
Article 5 - Availability and modification of the Site and Services
The Publisher endeavors to ensure the availability of the Site and Services twenty-four hours a day, seven days a week, within the limits of the aforementioned conditions of access and use and the stipulations of Article 8 “Liability” below. However, the Publisher reserves the right, without notice or compensation, to temporarily suspend access to the Site and/or Services:
– For the purposes of making any modifications, upgrades or updates and improvements related in particular to technical developments, and/or
– For the purposes of maintenance, emergency repairs or due to circumstances beyond the control of the Publisher.
The User releases the Publisher from all liability in this respect and waives all claims and/or proceedings against the Publisher in this respect.
Article 6 - Access to Services - Creating an account
In order to use the Services to which they have subscribed, the User must register and identify themselves by means of his login details (email, security phrase and PIN password), enabling they to access his Account, as more fully detailed below:
a. Free Service: the Publisher enables any Internet user to access it, by downloading the App on a mobile device (cell phone and/or tablet) via the online application platforms Google Play (Android) and Apple Store (iOS). To use the App, the User must :
– Enter information in the registration form, such as email address, name and/or telephone number, and
– Confirm registration and acceptance of these general terms of conditions.
b. Paid Services: the Publisher allows any Internet user to access them. Accounts are created from the Application. To use the Paid Services, the User must:
– Enter information in the registration form, such as e-mail address, name and/or telephone number, and
– Confirm registration and acceptance of these general terms of conditions..
Upon registration, each User undertakes to provide accurate, updated, and complete information, notably their email and name. The User is solely responsible for the use of their Account and cannot attribute any fraudulent use by a third party to the Publisher. The User ensures the confidentiality of their login credentials. Under no circumstances shall the Publisher be held responsible for their misuse.
Entering false, inaccurate, outdated, or incomplete information or a username containing inappropriate, disrespectful, defamatory, obscene, or indecent terms may result in the suspension or closure of the Account. The Publisher cannot be held responsible for any Service failures related to incorrect information provided by the Use
Likewise, in the event of inappropriate behavior of any kind by a User, noticed by the Publisher, the responsibility of the Publisher cannot be engaged in any way. The Publisher reserves the right to cut off access to one or more Services for any User whose behavior is deemed inappropriate by the Publisher; the User cannot claim any form of compensation.
The User can browse the Site whether identified or not
Article 7 – General Conditions of Service Sale
These general terms and conditions of sale are intended to govern the subscription to Paid Services available on the Application. By subscribing to one or more Paid Service(s), the Subscriber expressly and unconditionally accepts the T&Cs, and declares to use said Paid Services in accordance with these and with the Applicable Law.
The Subscriber can receive a copy of these T&Cs at any time by writing to the Publisher at the following email address : help-fr@in-memory.fr.
In the event of the Subscriber’s non-compliance with the terms of these T&Cs and/or the Applicable Law, the Publisher reserves the right to take any measures to preserve its interests, including ensuring their enforcement.
7.1 Scope of Application
The Application offers its User a range of Paid Services.
The T&Cs and the Quote constitute the contract between the Publisher and the Subscriber (hereinafter the “Contract”).
7.2 Availability
The offers of Paid Services are valid as long as they are visible on the Application.
The pricing conditions associated with Paid Services are communicated by the Publisher upon request.
The Publisher expressly reserves the right, without indemnification, to modify, without notice, and at any time all or part of one or more Paid Service(s), and if necessary, its presentation or support and/or to delete one or more Paid Service(s) and/or updates to one or more Paid Service(s) that no longer meet the Publisher’s objectives, and/or for the evolution of the Management Software and/or the Tracking Platform. The essential characteristics of the Paid Services are indicated in the product sheet of the relevant Paid Services, available on the Site or upon request by the Subscriber if applicable.
7.3 Financial Conditions
7.3.1 Pricing
The prices of Paid Services are indicated in the application, all taxes included, and are payable in the currencies of the online application platforms Google Play (Android) and Apple Store (iOS) of the respective country. To use the App, any subscription to one or more Paid Service(s) by the Subscriber corresponds to a unique and particular transaction between the Publisher and the Subscriber.
The Publisher reserves the right to modify its prices at any time, without notice, and the Paid Services will be invoiced based on the rates in effect from the first month following the date of price modification. The Price does not include the cost of the internet connection or the hardware, which remains the exclusive responsibility of the Subscriber.
Any subscription to one or more Paid Service(s) implies an obligation to pay the Price by the Subscriber. The Subscriber acknowledges that accepting the creation of the Account commits them to the payment of the corresponding Paid Services.
In exchange for the payment of the Price under the conditions established in Article 7.3.2 “Billing and Payment Terms” below, the Publisher undertakes to provide the provision of the Paid Service(s) ordered.
7.3.2 Billing and Payment Terms
- Subscription : The Subscriber undertakes to pay the Price of the Order in the currencies of the online application platforms Google Play (Android) and Apple Store (iOS) of the respective country. The invoice will be issued simultaneously to said payment by Google Play (Android) and Apple Store (iOS).
- Deployment : The Subscriber undertakes to pay the Price of the Order on the online application platform Google Play (Android) and Apple Store (iOS) of the respective country.
7.4 Provision of Paid Services
In all cases, the Paid Services are for strictly personal use and cannot be in any way transmitted by the Subscriber and/or an Authorized User to third parties.
7.5 Access to Paid Services
The Subscriber agrees, on their own behalf and on behalf of the Authorized Users, not to disclose the email login credentials, security phrase, and PIN security code when the Subscriber registers to access the Paid Service(s). In case of loss or theft of these identification elements, the Subscriber undertakes to inform the Publisher by any means and without delay.
Paid Services do not include the cost of the telephone communication or the Internet service provider.
Upon confirmation of their registration by the Publisher, the Subscriber chooses, for their sole personal use, a confidential code allowing them to log in and access the Application. The Subscriber is solely responsible for the use of this confidential code. In the event of unauthorized use of their Account, the Subscriber will bear the sole responsibility and the resulting costs and consequences.
7.6 Duration of Paid Services
Subscription: The Account will be made available to the Subscriber from the Date of Acceptance of the T&C by the Subscriber and continues until the effective date of termination of the subscription by the Publisher or the Subscriber, in accordance with the provisions of Article 7.11 “Termination” below.
Deployment: The Deployment service starts from the Date of Acceptance of the T&Cs by the Subscriber and continues until the complete execution of the service.
7.7 Subscription and Management of Services
The Publisher makes its best efforts to provide the most complete information to Subscribers regarding the Paid Services offered on the Site.
The subscription, and then access, to one or more Paid Service(s) is done upon the opening of an account by the Subscriber directly on the Application.
- Subscription: Access to the Subscriber’s account is subject to the receipt by the Publisher of the first payment of the Price and continues until the date of termination of the said subscription.
7.8 Publisher’s Obligations
The Publisher undertakes to provide the Paid Services professionally under the detailed conditions mentioned above and in accordance with the Applicable Law.
The Publisher reserves the right to subcontract the execution of all or part of the Paid Services to third parties.
7.9 Subscriber’s Obligations
The Subscriber undertakes to guarantee compliance with these T&Cs and the Applicable Law.”
Article 8 – Responsability
The Publisher commits to providing the Services as a diligent professional within the framework of an obligation of means. The User acknowledges being aware of the constraints and limitations of Internet and mobile Internet networks. Under no circumstances can the Publisher be held responsible for :
- Any potential malfunctions in accessing the Services,
- Slow speeds in opening and consulting the Service pages,
- The temporary or permanent inaccessibility of the Services, which may be linked to technical issues (unavailability of the access provider, hosting provider, maintenance operations, etc.), and/or
- The fraudulent use by third parties of the information made available on the Site.
The User acknowledges the limitations and constraints inherent to the Internet network and therefore recognizes the impossibility of ensuring complete security of data exchanges. The Publisher cannot be held responsible for damages resulting from the transmission of any information, including the User’s identifier and access code.
It is the User’s responsibility to protect their computer equipment against any form of intrusion and/or contamination by viruses. Under no circumstances can the Publisher be held responsible for damages that might occur in such cases. The Publisher cannot, in general, be held responsible for any malfunction or deterioration of the User’s computer equipment related to the use of the Services. The Publisher disclaims any liability in the event of a failure to fulfill any of its obligations due to a force majeure event, as defined by French law and jurisprudence, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns.
The Publisher cannot be held responsible in the event that the proposed Service(s) are found to be incompatible with certain User equipment and/or functionalities. The User is solely responsible for the suitability of the Services to their needs.
Each User is solely responsible for the consequences of using their Account until its deactivation. The User undertakes to personally handle any claim, assertion, or opposition, and more generally any legal action brought against the Publisher by a third party related to their use of the Service.
Every User is solely responsible for the content made available, whether through emails and/or content stored on user accounts. The Publisher exercises no control or access over the content added by Users, as further detailed in Article 11.2 ‘User Content’ below. In using the Services, the User agrees not to engage in acts or behaviors, of any nature, contrary to these T&Cs and the Applicable Law. Therefore, the User undertakes to :
- to provide sincere and real information;
- not to disseminate illegal content or content contrary to the Applicable Law.
Considered illegal are contents that violate or would be contrary to public order, morality, or might offend the sensitivity of minors, violate privacy, rights to the reputation, or image rights of third parties, content that is defamatory or disparaging, presents a pornographic or pedophile nature, harms the integrity or security of a State, incites hatred, violence, suicide, racism, antisemitism, xenophobia, homophobia, war crimes, or crimes against humanity, incites the commission of a crime, offense, or act of terrorism, incites discrimination;
- to respect the rights of third parties, particularly intellectual property/image rights;
- to respect the confidential nature of exchanges with other users.
The Publisher urges Users to report content that constitutes a violation of the Applicable Law and these T&Cs. To report an abuse, the User can notify the Publisher by sending an email to the following address : help-fr@in-memory.fr. This report must be accompanied by all information allowing the Publisher to identify illegal or fraudulent content.
FRAUD : Be vigilant! Attempts of fraud affecting both businesses and individuals are regularly reported. Fraudulent messages can be sent in the name of public and private organizations, impersonating their identity, asking their clients for personal data and their banking details.
Advice :
- Never respond to such messages, especially never disclose your identifiers, banking information, access codes to your personal spaces.
- Do not click on the proposed links.
- Delete these messages.
Information : We do everything to ensure the security of your personal information in accordance with current regulations. We will never ask you for confidential data on your personal email address.
Disclaimer : The Site and Services are provided “as is.” To the extent permitted by the Applicable Law, the Publisher makes no express or implied, legal or other warranties (including but not limited to merchantability, fitness for a particular purpose, and non-infringement). The Publisher does not guarantee that the operation of the Site and/or Services will be uninterrupted, secure, or error-free, or that any malfunction will be corrected. Except to the extent prohibited by law, the Publisher shall not be held liable for any (i) loss of profit, revenue, and/or data, (ii) business interruption, (iii) business, economic, customer, reputation, or other losses, (iv) indirect, special, consequential damages, or any other damages of any kind regardless of cause and regardless of the type of liability, even if the Publisher has been informed of the probability of damages, or (v) for any damage of any nature resulting from force majeure or third-party actions.
Article 9 - Processing of Personal Data
The publisher complies with all the laws in force regarding the protection of personal data collected about Users. For more information, please refer to our GDPR Policy.
Article 10 – Account Modification/Termination
10.1 User’s Initiative
The user can delete their account within the application.
10.2 Publisher’s Initiative
The Publisher may suspend or delete a User’s access to the Services in case of non-compliance with these T&Cs or the Applicable Law.
Article 11 – Intellectual Property
11.1 Company Content
The Application, the Site, and the Services contain content protected under intellectual property and/or industrial property rights. The Application, the Site, the Services, and the content belong to the Publisher, who is the sole owner.
All content is the property of the Publisher or is subject to use authorization by the latter. Therefore, any reproduction, modification, distribution of all or part of the content is prohibited without the prior express written consent of the Publisher or the third party rights holder and would incur the User’s liability within the meaning of the Intellectual Property Code.
Under these conditions, the Publisher grants Users a non-exclusive, limited, revocable, non-transferable, and non-sublicensable license to access and display the content (excluding any software code) only for their personal use and non-commercial purposes, in connection with the viewing of the Site and/or access to the Services.
The User cannot copy, download, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, distribute, produce, display, sell, or otherwise use the content, except as expressly authorized in these Terms and Conditions or in the use of the Services.
Unless expressly authorized by the Publisher, the User is strictly prohibited from creating derivative works or tools based on the content. This prohibition applies whether the derivative works and tools are sold, exchanged, or distributed for free. The User cannot, directly or through the use of any process, software, website, online service, or any other means, remove, bypass, avoid, or interfere with copyright, trademark, or other proprietary notices attached to the content, or any digital rights management mechanism, device, or other content protection application associated with access control mechanisms related to the content, including geofiltering mechanisms.
11.2 User Content
The Services may contain User content.
The User is entirely responsible for the content they upload to their account on the application, including but not limited to visual and/or audiovisual media, documentation, commercial documents, licenses, and/or any contractual and/or administrative and/or organizational information (hereinafter collectively referred to as “User Content”).
To this end, the User declares, assures, and guarantees (1) to be the owner or holder of all the necessary rights and authorizations for the sharing and proper use of the User Content in their account in the Application; (2) that the User Content in their account in the Application does not infringe upon the Terms and Conditions or the rights of third parties (including but not limited to copyright, trademark rights, and the right to privacy); and (3) that the User Content in their account in the Application is not subject to restrictions regarding its disclosure, transfer, transmission, download, export, or re-export, according to the Applicable Law.
The Publisher does not own User Content, and the User is therefore entirely responsible for it.
The Publisher only provides services and software.
Article 12 – Customer Service
For any information regarding the use of the website, the User can contact the website owner at help-fr@in-memory.fr.
Article 13 – Amendments to the Terms and Conditions
The Publisher expressly reserves the right to modify these Terms and Conditions at any time, without compensation, especially to comply with any legal, jurisprudential, editorial, and/or technical developments. Each of these modifications will take effect upon its publication on the Site, except for material modifications which will only be valid for the future. The fact that the User continues to use the Site and/or Services following such modification implies their consent to the modified Terms and Conditions. The Publisher will take all necessary and reasonable measures to notify the User of such modifications. In the event of material modification(s) to these Terms and Conditions, the Publisher will inform the User via email and invite them to agree to said modifications.
Article 14 – Indemnities
The User agrees to indemnify and hold harmless the Publisher, its partners, subcontractors, and employees from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by a third party due to, arising from, or in connection with their use of the Site and/or the Services, their breach of these Terms of Use, or their violation of the rights of a third party or any content they transmit on, through, or in connection with the Services.
Article 15 – Various
The Terms of Use express the entire agreement between the User and the Publisher regarding the subject matter hereof and supersede all prior agreements, communications, and proposals, whether electronic, oral, or written, between the User and the Publisher relating to the subject matter hereof.
In the event of any inconsistency or conflict between these Terms of Use and the general terms of a third party for services integrated into the Site and/or Services, the terms of these Terms of Use will prevail concerning the User’s use of the Site and/or Services.
If any provision of these Terms of Use is unlawful, void, or unenforceable, such provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Article 16 – Applicable Law and Competent Jurisdiction
These terms and conditions are governed and construed in accordance with the current law.
In the event of a dispute relating to these terms and conditions and/or the Services, the User and the Publisher will make their best efforts to reach an amicable resolution of the dispute. In case of failure, the User and the Publisher agree to submit to the jurisdiction of the French courts.