General conditions of use of Unipile, universal messaging client

Preamble

Unipile, SAS registered at the RCS of Roanne under the number 885 265 595 and whose head office is located at 168 rue de la Rotonde 42153 RIORGES (hereinafter “Unipile”) develops an application of messaging client type. It centralizes different sources of messages, proposes an integrated agenda, allows users to send messages and process their daily tasks.

1. Purpose of the User Agreement

The purpose of the present General Terms of Use is to define the terms of use of the Unipile solution. They are a binding legal agreement between Unipile and any user of the www.unipile.com platform, mobile/PC/Mac/Linux applications (hereafter “the User”).

The user refers to any natural or legal person using Unipile’s services or applications. The present conditions of use constitute a contract between Unipile and the User. By subscribing to or using the Website, the Services, the applications, the User declares to have read and accepted without reservation the current version of these General Conditions of Use.

2. Account creation and access to applications

The use of Unipile’s applications can be done by freely downloading the applications on the website www.unipile.com, on the Google Play Store, Apple App Store platforms, or by creating an online account.

The user is responsible for the sincerity of the information he/she provides and undertakes to update his/her information or to notify Unipile without delay of any change affecting his/her situation.
The user agrees to notify Unipile without delay, and by any means, of any communication to third parties or theft of his password.

The User is solely responsible for the use of the Services under his password until he has requested Unipile to change it.

The password can be changed at any time. The account can also be canceled at any time following the user’s request to the customer service by sending an email to start@unipile.com or by logging on to his customer area. start@unipile.com by logging on to his user account.

The user agrees to respect the common-sense rules for the use of his password, in particular, to change it regularly (ideally every month), not to divulge it to an unauthorized third party, to use a password of at least 8 characters including upper and lower case letters, numbers and special characters, not to use it on a public or unsecured computer, not to use the same password on another software or Internet site, not to make the password visible on his workstation or in a free consultation.

Unipile can’t be held responsible for any fraudulent use of the user’s account.

3. Entry into force and duration of the contract – Duration, Billing, Termination, and Migration

As described above, users can use the Unipile applications for free. The use of the free service is explained when you use the Unipile applications. The free service does not require any means of payment. Users can stop using this service at any time and delete the data of their administration account if they had created one in their customer area.

Users can also subscribe to paid subscriptions for more advanced features.

A free subscription continues until it is terminated, whereas a paid subscription has a term that can expire or be terminated. The contract remains in force until all subscriptions ordered have expired or been terminated. Termination of this contract terminates all subscriptions. The termination is done from the customer area.

Unless otherwise stipulated by the user, all paid subscriptions renew automatically without the need to go through the administration interface. The renewal is equal to the duration of the previous period. The unit price applied during the automatic renewal is equal to the price of the previous period.
Unipile may change its fee and billing practices at any time, but such change will only be effective beginning with the next subscription period or if the user changes their subscription type.

In any case, the Contracts will remain in force until they are terminated by the user or by Unipile. Unipile may terminate the Agreements or suspend access to the Unipile Services at any time, including in the event of actual or suspected unauthorized use of the Unipile Services or Content, breach of the Agreements, or if Unipile withdraws Services (in which case Unipile will notify you within a reasonable time). In the event of termination of the Agreements, by the user or Unipile, or if Unipile suspends access to the Service, Unipile will not assume any liability to the user and will not refund any amounts already paid by the user, to the extent permitted by applicable law.

If charges that are owed to Unipile by User are thirty (30) days or more in arrears, Unipile may, without limiting its other rights and remedies, revert any priced Service to free plans until such amounts are paid in full, provided that Unipile has given User ten (10) or more days prior notice that its account is in arrears. The customer acknowledges and agrees that downgrading to a lower package will result in a reduction in certain features and functionality and a possible loss of access to User Data, as illustrated by the package comparison in the pricing grid accessible in the user account.

In the case of migration of service from a boost offer to a team offer, the user will benefit from a credit note to cover the double billing period, calculated as follows: (End date of Boost subscription – (Day of Team subscription +1)) x (30-day subscription amount).

4. Choose to be a Beta tester

We are looking for beta testers to help us test our new features. These features will be identified as a “beta” version, or with terms or phrases having similar meanings (hereinafter individually referred to as a “Beta Product”). Beta Products may not be ready for deployment. Therefore, they are available “as is”, and any warranties or contractual commitments we make for other services will not apply. We encourage the user to report any problems with our beta products; the main reason we run beta programs is to eliminate problems before we make a new feature widely available.

5. Definition of services

You will find a description of our service options on our website www.unipile.com and on our user area, we explain which service options are available when the user downloads our application or creates a user account.

Our service is based on 3 fundamental principles: to centralize information from external messaging systems, to plan in one’s diary the actions resulting from the messages received and the tasks of one’s daily life, to carry out the actions to be processed in the most efficient way possible.
The main features of Unipile are described below in a non-exhaustive way:

5.1 Unipile centralizes the different sources of messages from the user. The user chooses the information or messaging channels that he wants to integrate into Unipile. The Unipile applications allow the user to receive messages from the connected channels and, if necessary, to send messages via these same channels. Unipile also allows users who are part of the same team or group (the definition of a group or team is available on www.unipile.com) to exchange through the application. The list of communication channels is available on www.unipile.com.

5.2 Unipile allows the user to connect calendars from third-party editors and/or to use the calendar proposed by the application. The user can create events, modify them or delete them.

5.3 The user can create “tasks” directly in his agenda. These tasks are either taken from items received or created directly in Unipile.

6. Use of the services

Each site declares that it complies with the regulations applicable to its activity.
In a general way, the User guarantees that the information sent via the Unipile Services does not contravene any legal, regulatory or international convention provision applicable to him and in particular, the provisions in force in France, in the State in which the User carries out his activity and in the State in which the persons appearing in his contact books reside, nor the rights of third parties.

6.1 Intellectual and industrial property rights of the user
The user is the only owner of the data it uses in the Unipile applications. Subject to the terms of use of the Agreement, the User authorizes Unipile to use its name, its brand, and its visual identity for the sole purpose of performing the Services.
The user guarantees Unipile that he/she has full power and capacity to exploit and grant the intellectual and industrial property rights and that these rights are not in any way assigned, mortgaged, encumbered, or in any way devolved in favor of a third party.
The user also guarantees that he/she has not done and will not do, through a transfer to a third party or by any other means, any act that could compromise the use of the intellectual and industrial property rights. The user also guarantees that no litigation or lawsuit is pending or about to be filed involving the intellectual property rights.
In addition, the user undertakes to guarantee Unipile against any third party claim as well as any sentence that would be pronounced against him/her resulting from the non-respect of the present article.

6.2 Unipile’s intellectual and industrial property rights
Unipile owns the entirety of its services including all intellectual property rights thereto. Unipile makes software components available to users via application stores or other channels. Unipile grants the user a limited, non-sublicensable, non-assignable, non-exclusive license.
All programs, services, processes, designs, software, technologies, trademarks and trade names, inventions appearing on the website, accessible through the Site or the application stores are the property of Unipile.
The User agrees not to use, in any manner whatsoever, the site, the services, or any of the elements set forth above for any purpose other than those set forth herein.

7. Personal data

Unipile has taken all the necessary precautions to preserve the security of personal data and in particular to prevent them from being distorted, damaged, or accessed by third parties.
The management of our users’ personal data is the subject of a dedicated document Privacy Policy and Data Protection.

8. Responsibility of the user

8.1 Rights granted
The user is required to comply with the Agreement and the general terms of use. The Unipile services are the property of Unipile. The user is granted a limited, non-exclusive, revocable license to use the Unipile service. This license shall remain in effect until terminated by the User or by Unipile. Unipile’s software applications are licensed to the User, not sold, and Unipile retains ownership of all copies of Unipile’s software applications even after they have been installed on the User’s computers and mobile devices.

All logos, trademarks, service marks, brand names, domain names, and any other characteristics of the Unipile brand are the exclusive property of Unipile. The contract does not grant any right to the user to use any characteristic of the Unipile brand, whether for commercial or non-commercial use.

8.2 Third party applications
Unipile’s services may integrate and interact with third-party applications, websites, and services when you choose to add additional message sources or channels to your user account. These third-party services are not part of our services, and Unipile does not guarantee or ensure their support. The decision to enable or disable them rests solely with the user and not with Unipile. Any use of a third-party service is solely between the user and the third-party provider concerned.
If a third-party service is enabled on User’s Unipile Services, the User should be mindful of all data that will be shared with the third-party provider and why the provider needs access to it.
The User understands and agrees that Unipile does not validate and is not responsible for the behavior, functionality, content or any transactions User may enter into with the provider(s) of such third party services.

9. Responsibility of unipile

Except for force majeure, Unipile guarantees to the user the good execution of its service in the respect of the general conditions of use. Unipile will make reasonable efforts to keep its services operational. However, some technical difficulties, maintenance, tests, or updates of the applications can, from time to time, cause temporary interruptions of services. The user, by validating the terms of use, confirms that Unipile will not be liable for any compensation in case of failure of its services.

Unipile will not be responsible in any way for all the contents added, imported, created by the user added, created, imported sent, or received by the user on the services. These contents remain under the sole responsibility of the user.

10. Modification of benefits

Unipile may occasionally make changes to the Contracts for valid reasons, such as improving existing functions or features or adding new functions or features to the Service, implementing technological advances and reasonable technical adjustments to the Service, ensuring the operation or security of the Service, and for legal or regulatory reasons. In the event of a material change to this Agreement, Unipile will inform the User through appropriate notifications, for example, by posting a visible notice or requesting the User’s consent in the Unipile Administration Service or by sending an email. In some cases, Unipile may provide notice to the user and continued use of the Service after changes are made will constitute acceptance of those changes. Be sure to read these notices carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

11. Force majeure

No one, neither Unipile nor the user, shall be liable for any failure or delay in performance of its obligations under these terms as a result of events beyond the reasonable control of any party, such as denial of service attacks, failure of a third-party host or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

12. Jurisdiction – Applicable Law

The general conditions of use are governed solely by French law.
Any dispute between the Parties arising from the validity, interpretation and/or execution, termination, breach, of the general conditions of use will be submitted for the most diligent party to the Commercial Court of ROANNE, including in case of summary proceedings, appeal in warranty and/or a plurality of defendants.