GENERAL CONDITIONS OF USE AND SALE OF THE « KEYBOOK » MOBILE APPLICATION
The purpose of these general terms and conditions of use and sale (hereinafter referred to as the « CGU ») is to determine the rules for the use and sale of the « KEYBOOK » mobile application (hereinafter referred to as the « Application ») published by the company:
Rue du Mottais 35400 Saint Malo
Registered with the RCS of Saint Malo under the Number: 840 283 410 00016
Named DAVARNO below
By installing the Application on your terminal and/or by accessing the Application, as a visitor and/or user, You unconditionally and unreservedly accept the entirety of the CGU defined below.
If You do not wish to accept these CGU, we ask You not to access the Application. Any visit and/or use of the Application must be done in compliance with these CGU.
Article 1. DEFINITIONS
Terms beginning with a capital letter in these CGU, whether used in the singular or plural, shall have the meaning given to them below:
« Application » means the software application « KEYBOOK » published and provided by SAS DAVARNO, giving access to the Services, which is available free of charge in the Apple Store and the Google Play Store to be downloaded by the User onto his Apple iOS or Android terminal.
The Application also includes the Content, tools (information, location, photography, downloads, navigation, etc.), databases, operating systems, documentation and all other elements and services that make up the Application, updates and new versions that may be made to the Application by SAS DAVARNO.
« Content » means, but is not limited to, the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charts, brands, logos, acronyms, company names, audio-visual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element making up the Application.
« Services » means the various features and services offered by the Application.
« Owner » means a natural person of legal age who has downloaded the Application for his or her own needs, with a view to describing his or her property rental(s) (or others) in order to inform a tenant about the rented property (available equipment, operation, location, etc.)
« Tenant » means a natural person of legal age who has downloaded the application for his or her own needs in order to be informed about the property he or she has rented (available equipment, operation, location, etc.)
« User » means, in the broadest sense, any natural person, Owner or Tenant, who uses the application.
This Application must not be used by children and is not intended for them. Access to and use of this Application is restricted to persons of at least eighteen (18) years of age.
« KEYBOOK » is the digital welcome booklet, a product of SAS DAVARNO. KEYBOOK is also the name of the iOS and Android application that allows the Owner to fill in the necessary information on the rented property and to allow the Tenant to consult it.
« Push notifications »: these are alert messages sent to the User. Push notifications are sent and signalled to the User even if the previously installed application is closed. The User must accept the receipt of push notifications in the phone settings.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to allow an Owner to create, modify, edit and transmit a digital welcome booklet of a property rental or other nature to a tenant.
The transmission of this digital booklet is possible on a smartphone running on iOS or Android via an identification code generated by our service that the Tenant will have to enter on their phone or tablet.
Several Services can be offered to the Tenant of a property and notably
– Description of the rental,
– Description of the available properties and instructions for their use,
– State of the property,
– Chat with the Owner
This list is not exhaustive and may be modified at any time by SAS DAVARNO without its liability being incurred in this respect by anyone.
The Application collects data likely to be of interest to Renters but remains dependent on the information contained and entered by the Owner in our database.
The Owner expressly acknowledges that the information entered on the KEYBOOK application is his/her sole responsibility and that SAS DAVARNO cannot be held responsible for any error or misunderstanding on his/her part in the drafting of the KEYBOOK.
The data collected and entered remain the exclusive property of the Owner of the rented property and can only be modified by accessing his/her account.
The data collected and entered is intended to feed the application that can be consulted by the Tenant of the property and gives access to the KEYBOOK, for a limited amount of data, via the sending of a code managed by SAS DAVARNO at the request of the Owner. This code authorises the Tenant to download the KEYBOOK, the digital booklet of his/her rental property.
Article 3. ACCESS TO THE APPLICATION
To access and use the Application, You must have a compatible telephone or mobile terminal and access to the Internet.
The Application can be downloaded from the « Apple Store » and « Play Store » platforms on the following mobile terminals
– Apple® iPhone® mobile phone with the iOS operating system in version 15 and later.
– mobile phone with Android® OS version 9 and later.
The software version of the Application may be updated from time to time to add new features and services.
The download of the Application is free of charge and allows limited use of the Application and its features by the Owner.
Access to all the features is subject to an ORDER WITH PAYMENT OBLIGATION, which the Owner expressly acknowledges. By validating the order, the Owner undertakes to pay the amounts indicated in article 5.
Article 4. GEOLOCATION
The use of the geolocation function of the Application requires the prior express consent of the User to be geolocated. To do so, the User must activate the geolocation function directly in the settings of his/her mobile terminal if he/she so wishes and accept that the Application may use it.
This function can be deactivated or activated at any time and at no cost.
By accepting the GPS geolocation function of the mobile phone and the Application, the user can:
– be guided to the rented property or have specific features (weather…) for the Renter,
– receive informative messages during the session of use of the Application,
Article 5. FINANCIAL CONDITIONS
The download of the Application is offered free of charge to the Renter. After receiving his specific code, the Renter may download and use his KEYBOOK free of charge for the entire duration of the rental period (excluding breaks or special reasons).
This free of charge service does not include the cost of the mobile phone operator’s subscription, the cost of connection and access to the Internet network and any additional costs charged for loading data.
The Application is offered to the Owner free of charge in a limited version and subject to a charge for access to all of its functions.
This price does not include the cost of a subscription with the mobile telephone operator, the cost of connection and access to the Internet network and any additional costs charged for loading data.
Updates to the application are the sole responsibility of SAS DAVARNO and are carried out under its entire responsibility. They concern both the free and paying versions of the Application.
Payment for the Application is made in a secure manner according to the payment methods provided for and imposed by the Apple App Store and the Google Play Store for Android, which are solely responsible for the payment methods and process in which SAS DAVARNO has no role to play in accordance with the conditions imposed by the platforms.
Any request for refund or request relating to payment must be addressed to Apple or Android depending on the terminal from which the purchase was made.
Bank details are collected by Apple, Android independently of the will of SAS DAVARNO.
Article 6. APPLICATION OF THE CGU AND MODIFICATION OF THE CGU
The GTC applicable are those in force at the date of connection and use of the Application by the User. The CGU are applicable to all Users of the Application and Services. The User is invited, at each visit, to read carefully the CGU which are accessible by hyperlink on the home page of the Application.
SAS DAVARNO reserves the right to modify, at any time, all or part of the provisions of the CGU without prior notice or information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when new services are introduced.
Any changes made by SAS DAVARNO to the CGU will be brought to the attention of Users by simply putting them online. They are deemed to be accepted without reservation by any User who accesses the Application after the said posting. SAS DAVARNO therefore invites all Users to consult the CGU regularly.
Any new Service incorporating new techniques or new features that improve the quality of existing Services will also be subject to these CGU, unless expressly provided otherwise.
In case of disagreement with the modifications of the GTU, the User has the right to terminate the Services and to cancel his Account in accordance with article 14.
The downloaded Application is valid for a limited period of time, taking into account the updates that must be downloaded and any technical, legislative or regulatory changes, over which SAS DAVARNO has no control.
Article 7. INTELLECTUAL PROPERTY OF THE APPLICATION
SAS DAVARNO is the exclusive owner of all intellectual property rights relating to the Application and its organisation.
Without prejudice to the provisions of this article, none of the provisions of the CGU may be interpreted as an assignment, transfer, sale, concession, licence, loan, lease, or authorisation of exploitation granted directly or indirectly by SAS DAVARNO to the user on the Application, its presentation, its organisation and/or the Services offered.
Article 8. LICENCE TO USE
SAS DAVARNO grants the User a personal right to use the Application, the Content, and the Services, which is non-exclusive, revocable, non-assignable, non-transferable, worldwide, and free of charge, solely for its own needs in connection with the use of the Application and the Services, to the exclusion of any other purpose.
The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights in the Application, the Content and/or the Services or any other rights other than those conferred herein.
By extension, the downloading of a KEYBOOK does not grant the Renter any right to use the Content. The Renter is therefore prohibited from reproducing, representing, adapting and/or exploiting any of the Content.
The User expressly undertakes to ensure that the use of the Application does not in any way infringe the rights of SAS DAVARNO, and in particular that such use does not constitute an act of infringement, unfair competition or parasitism of the Content.
Article 9. OBLIGATIONS OF THE USER
The user of the application expressly undertakes:
– not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form.
– not to use software or processes intended to copy the Application without the prior written authorisation of SAS DAVARNO.
– not to adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, or reverse engineer all or part of the Application and/or the Services.
– not to export the Application, merge all or part of the Application with other computer programs.
– to refrain expressly from using software or devices likely to disrupt the proper functioning of the Application or to take any action that would impose a disproportionate burden on SAS DAVARNO’s infrastructure.
– not to set up systems that may hack the Application in whole or in part, or that may violate these CGU.
– to inform SAS DAVARNO as soon as they become aware of an act of piracy and in particular of any illicit or non-contractual use of the Application, whatever the method of distribution.
– not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties.
For the Owner:
SAS DAVARNO reserves the right to suspend and/or deregister an Owner who does not respect the obligations described in article 9. Similarly, any publication of photos or descriptions that do not comply with the editorial line of our application may result in the cancellation or suspension of the Owner’s account without any compensation whatsoever.
For the Tenant:
In addition to the general provisions listed above, the Renter expressly undertakes not to set up systems likely to pirate the Content of the application which remains the exclusive property of the Owner.
Article 10. PASSWORD AND SECURITY OF YOUR ACCOUNT
The Application requires the creation of an account and a password.
The Owner is solely responsible for maintaining the confidentiality of his/her password and user account information.
The Owner shall notify us immediately if he/she becomes aware of, or suspects, any misuse of his/her user account or if he/she becomes aware of, or suspects, any breach of security, including theft or unauthorized disclosure of his/her or another user’s password.
The user is solely responsible for all acts carried out via his user account that are attributable to his fault and/or negligence until he informs our customer service department by post (an email will suffice), or to a breach of security.
Article 11. PROTECTION OF PERSONAL DATA and COMPLIANCE WITH THE RGPD
Our KEYBOOK Application and the processing that it imposes are aimed at collecting information written under the responsibility of an Owner of a property (or his representative) for the purpose of writing a digital booklet of his rental distributed to a future Tenant of the property described.
This information concerns the rented property and its attributes.
The data collected by SAS DAVARNO allows the creation of this digital booklet, its transmission and consultation as well as the communication of our product and service offers.
The legal basis for this processing is the downloading of the application, its use free of charge and its contractual execution in the event of subscription to paying services.
The recipients of this data are the data controller, its internal departments in charge of managing the KEYBOOK, the subcontractor operating the management of the Web Server and the mobile application (SAS BEMOBEE – 157, Boulevard Mac Donald, 75019 Paris) as well as any person legally authorised to access the data (judicial services, if applicable).
The duration of data processing is limited to the time during which the User is registered and using the application. Commercial data is kept for 5 years in accordance with legal provisions.
The provision of the email and telephone number, as well as any element likely to make it possible for the Owner to rent the property and for the Renter to use the KEYBOOK, is necessary.
This information is nevertheless optional and is provided under the sole responsibility of the User.
The person in charge of processing is SAS DAVARNO, rue du Mottais, 35400 Saint-Malo represented by Arnaud DUGLUÉ.
You have the right to ask the data controller for access to your personal data, to rectify or delete them, or to limit the processing relating to the person concerned, or the right to object to the processing and the right to data portability.
You also have the right to lodge a complaint with a supervisory authority.
Article 12. AVAILABILITY OF THE APPLICATION
SAS DAVARNO undertakes to make its best efforts to ensure the security of access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of SAS DAVARNO and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Application. Maintenance work may be carried out without prior notice to Users.
Article 13. LIMITATION OF WARRANTY
Access to and use of the Application is at the User’s own risk.
The Application and the software are provided « as is » and « as available » without warranty of any kind. It is the responsibility of the User to take all appropriate measures to protect his/her own data and/or software stored on his/her computer and telephone equipment against any attack.
The User declares that he/she is aware of and accepts the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems linked to connection and/or access to the Internet network and/or websites; problems linked to the availability and congestion of the networks; problems linked to the failure or saturation of the networks; problems related to transit time, access to information placed online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or piracy; risks of contamination by possible viruses circulating on said networks, etc. SAS DAVARNO cannot be held responsible for any of these risks.
SAS DAVARNO cannot be held responsible:
– in the event of failure, loss, delay, or error in the transmission of data which is beyond its control.
– the sending of messages and/or data to a false, erroneous or incomplete address.
– if data is not received for any reason whatsoever or if the data received is illegible or impossible to process.
– if the User is unable to access or use the Application and/or the Services for any reason whatsoever.
– if, for any reason whatsoever, the connection is interrupted, and the service is unavailable to the User.
In addition, SAS DAVARNO declines all responsibility in the event of misuse of the terminal and/or an incident linked to the use of the terminal when using the Application. SAS DAVARNO shall in no way be held responsible for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for the consequences that may arise from this on their personal, professional, or commercial activity.
Limitation on the content of the Application, Push Notifications and Services:
The information communicated in the Application is provided under the sole responsibility of the owner, it is non-contractual and cannot engage the responsibility of SAS DAVARNO.
However, SAS DAVARNO makes its best efforts to send Information, Services and Push Notifications from the Application.
SAS DAVARNO IS IN NO WAY RESPONSIBLE FOR THE QUALITY, TIMELINESS, COMPLETENESS AND VERACITY OF THE DATA ENTERED BY THE OWNER.
SAS DAVARNO SHALL IN NO WAY BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT PREJUDICE WHATSOEVER RESULTING FROM THE USE OF THE APPLICATION IN ANY CAPACITY AND UNDER ANY CIRCUMSTANCES WHATSOEVER.
BOTH THE OWNER AND THE TENANT ARE SOLELY RESPONSIBLE FOR THEIR USE OF THE APPLICATION AND SHALL NOT HOLD SAS DAVARNO LIABLE FOR ANY CLAIM ARISING FROM ITS USE.
THEY UNDERTAKE TO DEAL PERSONALLY WITH ANY CLAIM AGAINST SAS DAVARNO THAT IS RELATED TO THEIR USE OF THE APPLICATION.
Article 14 TERMINATION
SAS DAVARNO may terminate the use of the Application at any time by giving notice of termination to users. Upon any termination, the rights and licenses granted will be terminated.
Article 15. RIGHT OF WITHDRAWAL
In accordance with Article L. 121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts: For the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.
Article 16. APPLICABLE LAW
The present CGU are subject to French law.
Any dispute or contestation relating to the execution or interpretation of these rules which cannot be settled amicably between the parties shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of Rennes, unless otherwise stipulated.
Editors of the application:
Rue du Mottais
35400 Saint Malo
Represented by Arnaud DUGLUÉ
Hosting: The data are hosted by SAS BEMOBEE – 157, Boulevard Mac Donald, 75019 Paris