Terms of Use

Version dated August 20th, 2013

Allmyapps SAS is a simplified joint stock company with capital of 7 388 euros, having its registered offices at 67 avenue André Morizet – 92100 Boulogne Billancourt, France, and registered with the Trade and Company Registry of Nanterre under number B 512 834 631, its Intercommunity VAT Number being: FR 005 128 346 31.

The Director of Publication of the Site is: Thibauld FAVRE

The Site is hosted by Typhon SAS, 41 rue de l’échiquier – 75010 Paris – Contact: +33(0)179971111

Allmyapps SAS (see “about” section), operator of the site available in particular at the addresses www.allmyapps.com and www.allmyapps.fr (hereinafter the « Site ») and develops, distributes and maintains the “Allmyapps” application management software (hereinafter the "Allmyapps Software”),

Allmyapps service

Allmyapps is offering you an “Application Store” intended at facilitating (i) the discovery of new software (either desktop application or web applications) and new online services and (ii) the installation and updating of the software you are using.

Allmyapps, from time to time, detects and saves online all the software, web applications and mobile applications that you are using (hereinafter the “Applications”) in order to allow you to download, install, update, uninstall and launch them through the Allmyapps Software. Additionally, Allmyapps offers a list of Applications that you may download, install, update, uninstall and launch through the Allmyapps Software (all these services being hereinafter collectively referred to as the “Services”).

The installation of the Allmyapps Software is mandatory to use the Services.

Allmyapps offers a basic Service and a premium Service, the functionalities of which are detailed in the Site at the address http://allmyapps.com/premium.

You can download and use the Allmyapps Software and benefit from the basic Services for free. While using the basic Services, you agree that some targeted advertising could be displayed through the Allmyapps Software. You can disable these targeted advertisings and benefit from additional services by subscribing to the premium Services.

The use of the Site and of the Allmyapps Software require the downloading and the acceptance of all the terms and conditions of the end-user license agreement related to the Allmyapps Software.

By using the Services and downloading and/or using the Allmyapps Software, you acknowledge having read and agreed the entirety of the terms and conditions.

Acceptance of General Terms of use – Registration

You are advised to read the present General Terms of Use carefully (hereinafter the « ToU »)»). The ToU, together with Allmyapps Privacy Policy (as available at the address http://allmyapps.com/about/privacy-policy , hereinafter referred to as the “Privacy Policy”) as well as the terms and conditions that you accept while downloading and/or installing an Application constitute the contract between you and us relating to the Applications that you are downloading.

The Privacy Policy is deemed as incorporated in the ToU by reference. By downloading, installing and/or using Allmyapps Software and/or registering on the Site, you acknowledge having read and understood the terms of the Privacy Policy and agree to abide by such terms.

In addition, you agree to comply with all of the related special conditions, and in particular the license agreement applicable to each and every Application that you download from Allmyapps.

Registration is not mandatory in order to use the Allmyapps Software. However, registering will allow you to access additional features. Then, if you wish to benefit from the premium Services, registration becomes necessary.

In order to register, you must complete all fields on the registration form with full and accurate information. In case of an incomplete or erroneous declaration your account may be deactivated, as of right, without notice and without further formality and you acknowledge that Allmyapps shall not be held liable for any of the consequences that may arise from such an erroneous or incomplete declaration.

On subsequent visits, you will only be required to enter your login name and your password. For reasons of security and confidentiality you are advised to personalize your password.

Your login name and password are personal and should not be disclosed to third parties. All uses if the Service done using your login name and password shall be deemed to have been placed by you. In case of disclosure of your login name and password, contact privacy@allmyapps.com as soon as possible to disable your login name and password.

Price – Payment

Price

The Prices will be indicated on the Site in the currencies actually available for your payment, depending on your country of establishment and the currencies available in the payment system used by Allmyapps. Please note that the prices shall include all applicable taxes but exclude additional charges.

Payment, where applicable, must be made prior to any access or use of the premium Service.

Payment terms

All payments are processed through the secured system of an Allmyapps service providers.

At the exception of the validation by the service provider of Allmyapps, the information related to your payment will at no time be passed to Allmyapps, who does not keep any data related hereto.

You can keep a record of your payment by printing the summary ticket offered on the Site at the end of the payment stage.

Application Conformity – Right of Withdrawal

Application Warranty

Allmyapps undertakes that you will be able to download an Application in accordance with your request.

Given the disparity of user software and hardware configurations, Allmyapps warrants that the Application can be downloaded onto your computer but does not provide any further undertakings or offer any further warranty, in particular concerning the successful installation of the Application, its execution, functionalities or its correspondence to your needs.

In case of Application problems, Allmyapps invites you to consult the relevant documentation or to contact the customer service department of the relevant Application editor.

In any case, you acknowledge that the sole undertaking of Allmyapps is to make available the Application that you have ordered and not to provide any guarantee whatsoever or be held liable for any defects in ordered software.

In case of failure of one or more software(s), you expressly acknowledge that only the editor of said software(s) shall be held liable.

Right of Withdrawal

The service offered to you by Allmyapps consists in allowing you to download and Application and start its installation process. Where the Application may immediately be used as soon as it has been downloaded, you have no right of withdrawal in application of article L121-20-2 of the Consumer Code.

Your Undertakings

Unless expressly stated in the description of the offer you have subscribed, Allmyapps services are offered for your personal needs, excluding any and all commercial and/or professional use.

Any commercial and/or professional use will need to be specifically covered by the Premium Services or otherwise be expressly authorized by Allmyapps.

In the absence of prior written permission from Allmyapps, the following are prohibited:

  • Use of robots, spiders, crawlers or other automated procedures for the extraction or review of the Site pages;
  • Giving the impression in any way whatsoever that Allmyapps supports your products or services;
  • To insert false or non-relevant information on the Site;
  • To publish or to transmit on or via the Site content of an illicit, threatening, humiliating, defamatory, obscene, harassing, pornographic or blasphemous character, or any other message which may constitute a crime or an offense, lead to civil liability, violate applicable legislation or incite violation, or content that may be used for purposes contrary to the law or the present terms of use;
  • To use the Site in such a way that, in our opinion, the performance or functionalities of the Site, or any other system or network used by Allmyapps, are negatively affected or that the users of the Site are negatively affected;
  • To upload or transmit on the Site or use any and all hardware, software or procedure containing viruses, Trojan horses, worms, time-bombs or other programs and procedures aimed at damaging, interfering with or attempting to interfere with the normal functioning of the Site, or to appropriate the Site or any and all systems, or to use any methods whatsoever to saturate our systems or to violate third party rights.

You are hereby reminded that the Penal Code, articles 323-1 onwards, allows for punishments of up to five (5) years imprisonment and 75 000 Euros in fines, in particular for:

  • Fraudulently accessing and remaining … in an automated data processing system;
  • The suppression, modification or fraudulent introduction of data into the system;
  • The fact of interfering with the system.

Intellectual Property

The Site and the Allmyapps Software remains under our exclusive ownership. Allmyapps grants you a free, personal, non-exclusive and non-transferable right to access and use the Site within the limits defined in the ToU.

Any and all content that is not put on-line by a member of the Site, in particular any and all data, functionality, text, name, designation, image, photograph, graphics, trademarks, sounds, is the exclusive property of Allmyapps or its licensees. The ToU shall not under any circumstances be interpreted as a transfer of any of the rights of Allmyapps whatsoever. None of these elements may be downloaded, copied, modified, deleted, distributed, transmitted, published, sold, hired, granted or used in any manner whatsoever, without the express, prior and written authorization of Allmyapps or its licensees.

As an exception to the aforementioned, Allmyapps may make available different tools (such as APIs, widgets…) allowing certain uses of Allmyapps content. Within this framework each of these tools shall be subject to its own terms of use and license agreement.

License on the Allmyapps Software

Allmyapps grants you a non-exclusive, non-assignable, personal and worldwide license, for the duration of the applicable intellectual property rights, to use the Allmyapps Software for your personal requirements within the limits set forth in these ToU.

You are free to redistribute the Allmyapps Software as long as (i) you comply with these ToU and (ii) provide these ToU, unaltered, to any third party you are distributing the Allmyapps Software to.

According to this right of use of the Allmyapps Software, you are expressly prohibited to:

  • perform any other use of the Allmyapps Software other than those expressly authorized under the ToU;
  • make, in any manner, a copy of the Allmyapps Software or of a part of the Allmyapps Software, nor develop any other software programs or derivative works on the basis of or using the Allmyapps Software;
  • analyse or cause a third party to analyse, meaning to observe, study and test the operation of the Allmyapps Software in order to determine the ideas and principles forming the basis of the Allmyapps Software, in particular while it performs operations for loading, display, execution, transmission or storage of the Allmyapps Software;
  • reverse engineer, decompile, disassemble the Allmyapps Software, or create derivative works based upon the Allmyapps Software, or otherwise attempt to derive source code from the Allmyapps Software, except for interoperability purposes as provided by article L122-6-1 IV of the French intellectual property code. If you need information necessary for the interoperability of the Allmyapps Software with any other software, you shall request such information to Allmyapps, which shall provide the relevant information to you, subject to the payment of the corresponding costs by you;
  • modify or enhance the Allmyapps Software, including for the fixing of bugs or errors, which rights are exclusively reserved by Allmyapps pursuant to the provisions of article L122-6-1 I 2° of the French intellectual property code.

All rights not expressly granted to you pursuant to these ToU are reserved exclusively to the benefit of Allmyapps.

The Software may include third-party software components, which shall be used by you solely in conjunction with the Allmyapps Software, and shall not be used for any other purpose without the prior written consent of Allmyapps. You acknowledge and agree that such third-party software may be subject to specific terms and conditions of use (including “open source” licences) and that, while using the Allmyapps Software, you will abide by such specific terms and conditions.

Your Content

If you are registered on the Site as a member you may put on line different types of content including, in particular, text (commentaries…) and images (screenshots…).

When you put content on-line on the Site you accept that this shall be accessible to all other visitors to the Site. You expressly accept that these visitors shall enjoy, free of charge and in a purely personal capacity, the possibility to visualize and use the contents published on the Site and this for the duration that such content remains on the Site.

You expressly accept that Allmyapps may re-use such content for business purposes, and you undertake, upon simple request by Allmyapps, to surrender all intellectual property rights related to the said contents.

For the duration that your content remains on the Site you authorize Allmyapps to reproduce and represent such content and, where necessary, to carry out any useful modifications thereto for the purposes of using, reproducing or representing such content on the Site.

Contents of other users

Other Site users may put contents on line. You agree not to access or use such content put on line by other users for any reasons other than purely personal and non-commercial.

If you wish to use the content belonging to other users in accordance with terms other than those detailed in the ToU, and in particular for any commercial use, you must first obtain all necessary permissions from each and every user concerned.

Liability

Allmyapps undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the Site shall be applied.

You alone are responsible for ensuring that applicable legislation in your country is complied with. And it is up to you to investigate with the relevant local authorities in your country any possible restrictions on the import, export or use of the Application.

The Site is generally accessible 24 hours/ 24 and 7 days/ 7, subject to closure for maintenance or repair or in case of force majeure or of any other event outside our control. The definition of Force majeure is that applied by French jurisprudence as any and all events which are unforeseeable, uncontrollable and external, including, but not limited to, State or Supranational control in the widest sense, state of war or emergency, fire or strike by a service provider.

You acknowledge the limits of the Internet and methods of electronic communication. Consequently, Allmyapps shall not be held liable for non-availability of the Site and/or of the Services or for any difficulties in connecting or for any interruptions in connection during your visits to the Site or when placing an order.

Photos and illustrations proposed on the Site shall not be deemed to be contractual descriptions of the Application characteristics. Application which is delivered may differ from the illustrations portrayed on the Site.

Liability towards French consumers

Would you be qualified as a consumer under French law, you would benefit from the provisions of this section 7.1.

Allmyapps shall only be held liable for direct and foreseeable damages, within the meaning of articles 1150 and 1151 of the French civil code, which would be cause by a failure or a default of the Allmyapps Software.

Allmyapps shall in no case be liable for the indirect and unforeseeable damages.

Considering that the Services shall not be used in a commercial and/or professional manner, you acknowledge and agree that Allmyapps shall in no case be responsible for any loss of profits; loss of revenue; loss of clientele; loss of a chance; or cost for obtaining a product, a software, a service or any other technology.

Limitation of liability

In all cases where you would not qualify as a French consumer, the following provisions, as set forth in this section 7.2, shall apply to you as regards Allmyapps’ liability.

The parties expressly agreed to exclude Allmyapps’ liability for indirect and/or unforeseeable damages and in case of loss, interruption of the availability or corruption of data; loss of profits; loss of revenue or weakening of all or part of your assets.

In no case shall Allmyapps be liable for:

  • any damage resulting from the loss or incorrectness of the data or programs; the destruction of files or programs; the provision of supplemental or replacement the hardware, software, service or technology;
  • loss or damage incurred by you as a result of third party claims (except as provided in Section 8.1); or
  • non-compliance with the provided user instructions (including the ones stated in the documentation) or misuse of the Software;
  • delays or problems that result from your computing or networking environment and/or any of your suppliers, including your Internet service provider.

To the full extent permitted by law, Allmyapps hereby disclaims the French legal liability for defective products (“responsabilité du fait des produits défectueux”) set for in article 1386-1 and seq. of the French civil code, particularly as regards damage do to any good not used by you for private purposes.

In no event shall the global aggregate liability of Allmyapps under the ToU exceed an amount equal to the sums actually paid by you to Allmyapps under the ToU during the period of twelve (12) months prior to the event giving rise to the liability claim.

You expressly agree that no claim could be raised against Allmyapps after one (1) year since the event giving rise to the liability claim.

Warranty

Infringement warranty

Allmyapps shall defend and indemnify you, at its sole expense, against any liability and expenses, (at the exclusion of attorneys and counsels’ fees and costs) in any action or proceeding arising from a claim that the Allmyapps Software infringes upon a duly issued patent or copyright of a third party in the country in which Allmyapps is located, provided that you notifiy Allmyapps in writing of such action. In the event the Allmyapps Software in such action or proceeding is held to constitute an infringement by a court decision that has become final, Allmyapps shall, at its expense and at its sole discretion, either:

  • procure for you the right to continue using the Allmyapps Software;
  • replace the Allmyapps Software with an equivalent non-infringing software, and extend this indemnity thereto;
  • modify the Allmyapps Software to make it non-infringing; or
  • remove the infringing portion of the Allmyapps Software.

Allmyapps shall have the right to control the defense and/or settlement of such action and you shall provide all required assistance to Allmyapps in its defence thereof. Notwithstanding the foregoing, Allmyapps shall have no obligation toward you for any claim arising from the foregoing infringement indemnity if the Allmyapps Software:

  • has been modified by a party other than Allmyapps;
  • is used in combination with other items where such infringement would not have occurred but for such use in combination with such other items; or
  • has been updated by Allmyapps to avoid such an infringement claim and you are not using such updated version;
  • is still being used by you after you have been aware of the claim has arisen.

The foregoing states the entire liability of Allmyapps, and the sole remedy of you, for infringement of any copyright, patent, trade secret, unfair competition and/or any intellectual property rights with respect to the Allmyapps Software.

Warranty exclusion

Any warranty other than set forth under Section 8.1 is expressly excluded by Allmyapps. Specifically, Allmyapps does not warrant the absence of any bugs, and as a consequence does not warrant that the use of the Allmyapps Software will be uninterrupted and error free. Allmyapps hereby expressly disclaims the French legal warranty on hidden defects (“garantie des vices cachés”) set for in article 1641 and seq. of the French Civil Code.

You acknowledge having a good understanding of the Internet and of its limitations. You agree in particular, but without limitation, that the transmissions on the Internet are not secured and can be delayed, lost, intercepted or corrupted, and that the transmission of confidential information on the Internet is made by you at your own risks.

The warranties set forth under this Article 8 – “Warranty” are subject to the provisions of Article 7 – “Liability” above.

Miscellaneous

The fact that you or Allmyapps do not exercise any one of your rights under the ToU shall not be deemed to be a waiver on our part or yours of that right, such waiver being effective only where expressly declared.

Should one or more of the provisions in the ToU be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable. Besides, the invalidated provision shall be replaced by a new valid provision having an effect as close as possible as the invalidated provision.

Computerized records shall be held in the computer systems of Allmyapps under reasonable secure conditions and shall be considered as proof of exchange, orders and payments made through the Site or by e-mail.

Allmyapps reserves the possibility, within the limits set out by the law, and in particular the terms of article R132-1 of the Consumer Code, to modify the ToU at any time. Where the ToU are modified, the amended terms shall be applicable with effect from the date of their publication on the Site. Each use of the Site shall be subject to the ToU applicable at that time.

The ToU shall be interpreted in accordance with French law.

Failure to respect any of the terms of the ToU and, more generally, any difficulties arising from their execution, interpretation or validity, shall be submitted to the competent jurisdiction in Paris, France.