These General Terms and Conditions apply without restriction or reservation to all services offered by the company ONCE APP on the website https://www.once.app/ (hereinafter the "Website").
The Website is a platform that offers services for designing a website consisting of stories (hereinafter the "Stories") whose characteristics are defined on the Website (hereinafter the "Services") and which are intended both for individuals and professionals (hereinafter together the "Users").
The purpose of these general terms and conditions is to define the terms and conditions of use of the Services as well as to define the rights and obligations of the parties in this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website.
These General Terms and Conditions will prevail over any other general or specific terms and conditions not expressly approved by ONCE APP.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
The Website and the Services are managed by the company ONCE APP, with a share capital of 1,000 euros, under registration with the Registry of Trade and Companies of Nanterre, whose head office is located at 12 rue des Dames Augustines – 92 200 Neuilly Sur Seine (hereinafter referred to as "ONCE APP").
ONCE APP can be contacted through the following channel:
Email address: firstname.lastname@example.org
The Website and the Services can be accessed by:
Any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Website and the Services with the agreement of its legal representative.
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
The Website and Services are intended for :
- Professionals, understood as any natural or legal person exercising a remunerated activity in a non-occasional manner (hereinafter the "Professional Users");
- Consumers within the meaning of the preliminary article of the Consumer Code
(hereinafter the "Consumer Users").
Users that register on the Website can accept these General Terms and Conditions by checking a checkbox in the registration form.
For Users who have not registered on the Website, their use of the Website and/or the Services entails their acceptance without any reservation of the General Terms and Conditions of Use.
Acceptance of these General Terms and Conditions of Use can only be full and complete. Any qualified acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.
Use of the Services
Prior to any online subscription and in application of the provisions of article L111-1 of the French Consumer Code, the User may consult the Services on the Website.
The User has access to a certain number of free services (hereinafter the "Free Services") and paid services (hereinafter the "Paid Services"), as defined on the Website in a form and according to the features and technical means that ONCE APP considers the most appropriate.
ONCE APP offers the User a technical assistance accessible by email at the following address: email@example.com or directly on the Website, allowing him to declare any difficulty encountered when using the Services.
ONCE APP reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
Use of certain free Services does not require the registration on the Website and are available by a simple connexion on the Website.
Use of certain free Services and Paid Services requires that the User:
Complete the registration form that is available on the Website. Users must provide ONCE APP with all information that is marked as required. Incomplete registrations shall not be validated.
Be registered on one of the third party sites that are indicated on the Website and use their connection ID for the said third party site to register on the Website. In this case, Users must provide ONCE APP with the additional information requested where appropriate. Users expressly authorize ONCE APP to access their account details for the third party site in question.
Registering automatically entails the opening of an account in the Users' name (hereinafter referred to as the "Account"), giving Users access to their own personal space (hereinafter referred to as the "Personal Space") which shall enable them to use the Services in a format and according to the technical means that ONCE APP deems the most appropriate for providing the said Services.
Users guarantee that all information they provide in the registration form or they provide through the abovementioned third party sites is exact, up to date and sincere and is in no way misleading or dishonest.
They agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Website using their connection ID and their password.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Website with these ID and password are deemed to be made by them. Users must contact ONCE APP immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge ONCE APP's right to take all measures it deems appropriate in a case such as this.
Free Services are provided free of charges.
Paid Services are subscribed to in the form of a Subscription (hereinafter the "Subscription"), the price of which is indicated on the Platform.
ONCE APP reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
The prices provided in the Website may be revised by ONCE APP at any time, in its sole discretion.
The User will be informed of this revision by ONCE APP by any written mean (including email), at least 1 (one) month before the entry into force of the new prices.
When effective, the new prices apply upon the renewal of the Subscription.
These invoices will be sent to the User through any pertinent channel.
Terms of payment
Payment of the price of the Services will be made in accordance with the terms and conditions described on the Website
Payment delays and incidents
7.5.1 Payment delays and incidents for Consumer Users
Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in Articles “Sanctions for breaches” and “Termination” and without prior formal notice:
Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
Immediate suspension of current Services until complete payment by the User in question of all amounts due,
Invoicing of a late payment interest, for ONCE APP’s benefit, at the rate of 1.5 times (one and a half times) the legal interest rate, calculated on the total of all amounts due by the User in question.
7.5.2 Payment delays and incidents for Professional Users
Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in Articles “Sanctions for breaches” and “Termination” and from the day following the payment date indicated in the invoice:
Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
Immediate suspension of current Services until complete payment by the User in question of all amounts due,
Invoicing of a late payment interest, for ONCE APP’s benefit, at the rate of 3 (three) times the legal interest rate, calculated on the total of all amounts due by the User in question and a flat indemnity of 40 (fourty) euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.
Denunciation of the Subscription by the User is made by sending a request to this effect to ONCE APP by email, to the contact details mentioned in the article " Manager of the Website and Services, Contact Details".
ONCE APP will terminate the Subscription by sending an email to the User. Any Subscription Period started is due in full.
ONCE APP also reserves the right to close and delete any Account that remains inactive for a continuous period of 1 (one) year.
Users are given knowledge of the provisions set forth in article L.215-1 of the French consumer code:
“With regard to service agreement concluded for a fixed term with a tacit renewal clause, the professional service provider gives written notice to the consumer, by means of individual letter or electronic mail, at the soonest three months and at the latest one month before expiry of the period during which the renewal may be rejected, of the possibility not to renew the agreement the consumer has concluded with a tacit renewal clause. This information, provided in clear and understandable terms, mentions in an apparent textbox the non-renewal deadline.When this information was not delivered to the consumer in accordance with the provisions of the first subparagraph, the consumer may freely terminate the agreement, at any time from the date of its renewal.Advances paid after the last renewal date or, for open-ended agreements, after the date of transformation of the original fixed-term agreement, are in this case reimbursed within a period of thirty days from the date of termination, after deduction of amounts corresponding, until this date, to the performance of the agreement. The provisions of this Article apply without prejudice to those which legally abide some agreements to specific rules with regard to the consumer’s information.”
Users expressly acknowledge and accept that:
Data collected on ONCE APP's Website and its computer equipment attest to the reality of the transactions performed in the context of this agreement,
This data is the main means of acceptable proof between the parties, in particular for the calculation of amounts due to ONCE APP.
Users can access this data in their Personal Space.
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for their use of the Services.
Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights or obligations under the present general terms and conditions of use to any third party, in any way.
Users agree to provide ONCE APP with all information necessary for the proper performance of the Services. More generally, Users agree to actively cooperate with ONCE APP with a view to ensuring the proper performance of this agreement.
Users acknowledge that the Services offer an additional, non-alternative solution to create Interactive Stories and that this solution is not a substitute for other means that the User may otherwise have to achieve the same objective.
Users are informed and accept that the implementation of the Services requires him/her to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
Each User is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise, including the name and / or image chosen by the User to identify themselves on the Website), that they broadcast or publicize within the framework of the Services (hereinafter referred to as the "Content").
Each User guarantees ONCE APP that the former has all the necessary rights and authorizations for the publication of this Content.
Users agree that this Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and / or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of ONCE APP into play.
It is strictly prohibited to use the Services to the following ends:
Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,Violating public order or any local policy or laws,Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,Sending unsolicited emails and / or prospecting or commercial solicitation,Tampering with the aim to improve referencing of another site,Using the Website for the release of information or links to third party websites,Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of ONCE APP's Website.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into ONCE APP's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of ONCE APP or of the Users of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions.
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.
In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, ONCE APP reserves the right to take any measures it deems appropriate and in particular:
to suspend or prevent access to the Services for any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,to delete all content placed by the latter online on the Website,to publish on the Website any related informational message that ONCE APP deems useful,to inform any relevant authorities,to commence and prosecute any legal proceedings.
ONCE APP also reserve the right to cancel the User’s access to the Services:
either in full law, 15 (fifteen) days after reception, by this User, of a formal notice, sent by registered letter with acknowledgement of receipt and stating the intention to apply this clause, which remained ineffective,
or, in case of repetition of a breach which were already notified by registered letter with acknowledgement of receipt, the cancellation shall then take effect in full law on the date the registered letter with acknowledgement of receipt stating the repeated breach is sent,
… this without prejudice to any damages that could be claimed from the User in breach.
The cancellation will cause the automatic deletion of the User’s Account, without prejudice to the other consequences that may be set out in the present General Terms and Conditions.
ONCE APP agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
ONCE APP has no knowledge of Content posted online by Users within the context of the Services, and shall not moderate, select, check or monitor in any way this Content, with regard to which ONCE APP only intervenes within the role of hosting provider.
Consequently, ONCE APP cannot be held liable for Content whose authors are third parties, and any potential claims should be made firstly to the author of the Content in question.
Any Content that causes prejudice to a third party can however be the subject of a complaint to ONCE APP within the conditions defined in Article 6 I 5 of the French law No. 2004-575 on confidence in the digital economy of 21st June 2004, ONCE APP reserving the right to take the measures set forth in Article “Sanctions of breaches” of these General Terms and Conditions.
ONCE APP agrees to regularly check that the Website is operational and can be accessed. To this end, ONCE APP reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, ONCE APP shall not be held liable if the Website is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside ONCE APP's control, force majeure, or due to any disruption in the telecommunications network.
ONCE APP does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
In any event, any liability that could be incurred by ONCE APP within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users.
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by ONCE APP on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without ONCE APP's authorization, is strictly prohibited and could lead to prosecution.
As data controller
As a subcontractor with respect to persons interacting with the Stories
ONCE APP and Users undertake, each for his own part, to comply with the regulations applicable to personal data and in particular the general regulations on data protection (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016).
In the context of the Services, ONCE APP is required to process personal data. The characteristics of this processing are the following:
Operation of the Website, realization of the Services
Answers to the Stories by the Users' customers (hereinafter the "End Customers")
3 years after the last use of the Services
The User acts as the data controller and must fulfil his obligations pursuant the above-mentioned General Data Protection Regulation, including his obligation of information of the data subjects, the keeping of a Register of the processing operations carried out and more generally, compliance with the principles of this regulation.
The data provided by the User to ONCE APP for the purpose of performing the Services remains the sole property and under the sole responsibility of the User.
ONCE APP acts exclusively as a subcontractor of personal data.
ONCE APP's obligations with respect to the User
Data processing:ONCE APP shall undertake to process the data solely for the purpose(s) subject to the sub-contracting and in accordance with the documented instructions from the User, including outside EU data transfers. Where ONCE APP considers that an instruction infringes the applicable legislation, it shall immediately inform the User thereof.
Security and data confidentiality:ONCE APP undertakes to implement the appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup and the restoration of their availability in the event of a physical or technical incident. ONCE APP ensures that the persons authorized to process the personal data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Other sub-processors: ONCE APP undertakes not to use other subcontractors without the prior written authorisation, specific or general, of the User. In the case of a general written authorisation, ONCE APP undertakes to inform the User of any planned changes concerning the addition or replacement of other subcontractors, the User then having the opportunity to object to these changes.
Information provision : ONCE APP undertakes to answer to any request for information sent by the User, whether in the context of a request to exercise their rights by data subjects, an impact assessment, or a request made by the data protection authorities or data protection officers of the User.
Notification of personal data breaches: ONCE APP shall notify the User of any personal data breach not later than 72 (seventy-two) hours after having become aware of it. Should the User himself have to notify this violation to the competent control authority, ONCE APP undertakes to communicate any useful documentation.
Maintenance of the data: ONCE APP undertakes to delete personal data 3 (three) years after the last connexion of the User, regardless of the cause, and not to keep a copy.
Register and documentation: ONCE APP keeps a written record of the processing carried out on behalf of its customers. This register also includes the information relating to these processing operations.ONCE APP provides the User with the necessary documentation for demonstrating compliance with all of its obligations.
Under no circumstances can the parties be held responsible for failures or delays in the execution of these General Terms and Conditions due to one of the force majeure event as defined by article 1218 of the French Civil Code and recognized by jurisprudence, as well as, in any case, all acts of strike, terrorism and epidemic.
The occurrence of a force majeure event suspends the execution of these General Terms and Conditions as soon as one of the parties receives the information transmitted by registered letter with acknowledgement of receipt by the other party.
If a force majeure event preventing a party from fulfilling its obligations continues beyond a period of 30 (thirty) days, the General Terms and Conditions may be terminated immediately, without legal formalities, by either party, by any written means, without either party having to pay any compensation to the other.
ONCE APP reserves the right to amend these General Terms and Conditions at any time.
Users shall be informed of these amendments through any pertinent channel and in particular through the messaging system made available in his Personal Space.
Any User who does not agree with the amended General Terms and Conditions must unsubscribe from the Services.
Users who continue to use the Services after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
The amended General Terms and Conditions apply immediately to unregistered Users that use the Services after these amendments. Unregistered Users are thus invited to regularly consult the latest version of the General Terms and Conditions on the Website.
Right of Withdrawal
Users benefit a right of withdrawal for a period of 14 (fourteen) days from the acceptation of these General Terms and Conditions. They may exercise this right by sending to ONCE APP, through any of the channels mentioned in article 2, before expiry of the above-mentioned withdrawal period, the withdrawal form reproduced in Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to withdraw.
In case of exercise of right of withdrawal, ONCE APP shall reimburse the relevant User all payments received from said User, at the latest 14 (fourteen) days from the date ONCE APP has been informed of the User’s decision to withdraw. Reimbursement shall be made with the same payment method as that used for the original transaction, unless the User expressly agrees with a different method. In any event, this reimbursement will be of no cost for the User.
If Users have requested that the Services begin before expiry of the withdrawal period, by checking the checkbox provided for that purpose, they can exercise their right of withdrawal within the period and according to the above-mentioned terms. The price of the Subscription, calculated in proportion to the period already elapsed before the decision to withdraw is notified to ONCE APP, shall then be due by Users to ONCE APP.
They are however expressly informed and accept that Services are provided to them once they are registered and are therefore fully performed before expiry of the above-mentioned withdrawal period. Consequently, they expressly waive their right of withdrawal, which cannot be exercised, pursuant to article L.221-28 of the French consumer Code.
In the event of any dispute with ONCE APP, in relation with these General Terms and Conditions, Users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement, pursuant to articles L611-1 et seq. and articles R152-1 et seq. of the French Consumer Code.
To this end, Users may contact the following consumer mediator:
Centre de médiation et de règlement amiable des huissiers de justice
(Medicys – Mediation and Amicable Resolution Center of Judicial Officers)
Street address: 73 Boulevard de Clichy, 75009 Paris (France)
Email address: firstname.lastname@example.org
Telephone: (33) 1 49 70 15 93https://medicys.fr/
In the event of a translation of these General Terms and Conditions of Use into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
These General Terms and Conditions of Use are governed by French law.