1. Object The purpose of these general conditions is to define the terms and conditions of use of the services offered on the JIB CALLS application (hereinafter: the "Services“), as well as to define the rights and obligations of the parties in this context. They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
2. Service Operator The Services are operated by the company JIB SMART HOME, SAS with a share capital of 3541.10 euros, registered with the RCS of Créteil under number 837 888 403, whose registered office is located at 5 avenue du Général de Gaulle 94160 Saint-Mandé (FRANCE) (hereinafter: " Company Name ").
JIB SMART HOME can be contacted at the following coordinates: Postal address: 5 avenue du General de Gaulle 94160 Saint-Mandé (FRANCE) Email address: moc.emoh-bij%40tcatnoc
3. Access to the site and the Services The Services are accessible, subject to the restrictions provided for on the JIB CALLS application: - to any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the application and the Services with the consent of his legal representative; - to any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
4. Acceptance of terms and conditions The acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these general conditions must not use the Services.
5. Registration on the JIB CALLS app - 5.1 The use of the Services requires the User to register on the JIB CALLS application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated. Registration automatically leads to the opening of an account in the User's name (hereafter: the "Account"), giving him access to a personal space (hereafter: the "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that JIB SMART HOME deems most appropriate to provide said Services. The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature. He undertakes to update this information in his Personal Space in the event of modifications, so that they always correspond to the aforementioned criteria. The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
- 5.2 The User can access his Personal Space at any time after identifying himself using his login and password. The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility. He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact JIB SMART HOME at the contact details mentioned in Article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that JIB SMART HOME has the right to take all appropriate measures in such cases.
6. Description of Services The User has access to the Services described on the JIB CALLS application, in a form and according to the functionalities and technical means that JIB SMART HOME deems most appropriate.
7. Paid services - 7.1 Price The price of the Services is indicated on the JIB CALLS application. Unless otherwise stated, they are expressed in euros and all French taxes included. JIB SMART HOME reserves the right, at its own discretion and under terms of which it will be the sole judge, to offer promotional offers or price reductions.
- 7.2 Price-revision The price of Services may be subject to revision by JIB SMART HOME at any time, at its sole discretion. The User will be informed of these modifications by JIB SMART HOME by email with at least 1 month 's notice before the entry into force of the new prices. The User who does not accept the new prices must end his use of the Services according to the terms provided for in Article 18. Failing this, he will be deemed to have accepted the new prices.
- 7.3 Billing The Services are the subject of invoices which are communicated to the User by any useful means.
- 7.4 Payment terms The terms of payment of the price of the Services are described on the JIB CALLS application. Payment is made by direct debit from the User's bank card number. The direct debit is implemented by the payment provider designated on the JIB CALLS application, which alone keeps the User's bank details for this purpose. JIB SMART HOME does not keep any bank details. The User guarantees to JIB SMART HOME that he has the necessary authorizations to use the payment method chosen. He undertakes to take the necessary measures so that the automatic debit of the price of the Services can be carried out.
- 7.5 Payment delays and incidents The User is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice: (i) the forfeiture of the term of all sums owed by the User and their immediate payment; (ii) the immediate suspension of the Services in progress until full payment of all sums due by the User; (iii) the invoicing for the benefit of JIB SMART HOME of late payment interest at the rate of 10% (ten percent) annually, i.e. the legal interest rate, based on the amount of all sums due by the User .
8. Data The User acknowledges and expressly accepts: (i) that the data collected on the JIB CALLS application and on the computer equipment of JIB SMART HOME is proof of the reality of the operations carried out within the framework of these presents; (ii) that these data constitute the only mode of proof accepted between the parties, in particular for the calculation of the sums due to JIB SMART HOME. The User can access this data in his Personal Space.
9. User Obligations Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations:
- 9.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, he is solely responsible for the proper completion of all administrative, tax and/or social formalities and for all payments of contributions, taxes or duties of any kind which are his responsibility, where applicable, in relation to his use of the Services. The responsibility of JIB SMART HOME can in no way be engaged in this respect.
- 9.2 The User acknowledges having read the characteristics and constraints, in particular technical, of all the Services on the JIB CALLS application. He is solely responsible for his use of the Services.
- 9.3 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet as well as to the telephone network and that the quality of the Services depends directly on this connection as well as the proper functioning of the device on which the JIB CALLS application is installed, elements for which he is solely responsible.
- 9.4 The User undertakes to provide JIB SMART HOME with all the information necessary for the proper performance of the Services. More generally, the User agrees to cooperate actively with JIB SMART HOME for the proper execution of these.
- 9.5 The User acknowledges that the Services offer him an additional but not an alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.
- 9.6 The User must take the necessary measures to save by his own means the information in his Personal Space that he deems necessary, of which no copy will be provided to him.
10. User Guarantee The User guarantees JIB SMART HOME against any complaints, claims, actions and/or claims that JIB SMART HOME may suffer as a result of the violation by the User of any of its obligations or guarantees under these conditions. general. He undertakes to indemnify JIB SMART HOME for any prejudice it may suffer and to pay it all the costs, charges and/or judgments it may have to bear as a result.
11. Prohibited behaviors - 11.1 It is strictly prohibited to use the Services for the following purposes: - the exercise of illegal, fraudulent activities or activities which infringe the rights or the security of third parties, - breach of public order or violation of the laws and regulations in force, - intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security, - the sending of unsolicited emails and/or prospecting or commercial solicitation, - aiding or inciting, in any form and in any way, one or more of the acts and activities described above, - and more generally any practice diverting the Services for purposes other than those for which they were designed.
- 11.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the JIB SMART HOME application.
- 11.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the systems of JIB SMART HOME , (iii) any misappropriation of resources site system, (iv) any action likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of JIB SMART HOME or users of its site, and finally more generally (vii) any breach of these general conditions.
- 11.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the site, as well as to the information which is hosted and/or shared there.
12. Sanctions for breaches In the event of breach of any of the provisions of these general conditions or more generally, violation of the laws and regulations in force by a User, JIB SMART HOME reserves the right to take any appropriate measure and in particular to: (i) suspend or terminate access to the Services of the User, author of the breach or offense, or having participated therein, (ii) notify any authority concerned, (iii) initiate any legal action.
13. Responsibility and guarantee of JIB SMART HOME - 13.1 JIB SMART HOME undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept.
- 13.2 JIB SMART HOME has no knowledge of the Content posted by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it does not intervene. than as a hosting provider. Consequently, JIB SMART HOME cannot be held responsible for the Contents, the authors of which are third parties, any possible complaint having to be directed in the first place to the author of the Contents in question. Content harmful to a third party may be the subject of a notification to JIB SMART HOME according to the procedures provided for by article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy. , JIB SMART HOME reserving the right to take the measures described in article 12.
- 13.3 JIB SMART HOME declines all responsibility in the event of any loss of information accessible in the User's Personal Space, the latter having to save a copy and not being able to claim any compensation in this respect.
- 13.4 JIB SMART HOME undertakes to carry out regular checks in order to verify the operation and accessibility of the application. As such , JIB SMART HOME reserves the right to temporarily interrupt access to the application for maintenance reasons. Similarly, JIB SMART HOME cannot be held responsible for temporary difficulties or impossibilities of access to the Services which would originate from circumstances which are external to it, force majeure, or which would be due to disturbances of the telecommunication networks.
- 13.5 JIB SMART HOME does not guarantee to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or defects, (ii) that the Services, being standard and in no way proposed for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
- 13.6 In any case, the liability likely to be incurred by JIB SMART HOME under these conditions is expressly limited to the sole proven direct damage suffered by the User.
14. Intellectual property The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by JIB SMART HOME within the site are protected by all applicable intellectual property rights or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of JIB SMART HOME are strictly prohibited and may be prosecuted.
15. Personal data JIB SMART HOME practices a personal data protection policy, the characteristics of which are explained in the document entitled " Confidentiality Charter" , which the User is expressly invited to read on the JIB CALLS application.
16. Advertisement JIB SMART HOME reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which JIB SMART HOME will be the sole judge.
18. Duration of Services, unsubscription The Services are subscribed for an indefinite period. The User may unsubscribe from the Services at any time, by sending a request to this effect to JIB SMART HOME via the application and/or the application hosting service (including Google Play Store) as well as by email, at the contact details mentioned in article 2. Unsubscription is effective immediately. It entails the automatic deletion of the User's Account.
19. Amendments JIB SMART HOME reserves the right to modify these general conditions at any time. The User will be informed of these modifications by any useful means. The User who does not accept the modified general conditions must unsubscribe from the Services according to the procedures provided for in article 18. Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
20. Tongue In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
21. Applicable law and jurisdiction These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.
22. Coming into force These general terms and conditions entered into force on 04/13/2022.