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I) Definition

Mobile application: Application that can be downloaded, installed and used on all types of smartphone or tablet allowing access to mobile application stores.

Play Store: Google's online store associated with the Android operating system. It allows you to download free or paid applications on a smartphone running the Android system.

App Store: Apple's online store associated with the IOS operating system. It allows you to download free or paid applications on a smartphone running under the IOS system.

user: Person using the mobile application.

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2)  Acceptance of the general conditions of sale and use

By using the Tattoomorrow mobile application, downloadable from the Google Play Store or from the Apple App Store, the user accepts these general conditions of use as well as these general conditions of sale inherent in the use and operation of the application.  

The application is subject to change over time, for bug fixes, compatibility of new versions of Android or iOS, new features or design.

As a result, the user is also aware and accepts that these general conditions of use and sales are also likely to evolve over time. The acceptance of the general conditions of use and sales therefore prevails in their current version, and no complaint can be valid for a version prior to these general conditions of use and sales.

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3) Description of services

Tattoomorrow is an application that allows you to digitally and immaterially manage your customer files and their inherent projects, including photos, invoices, discharge and traceability files, as well as your appointment and availability calendar.

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4)  Access and operation of the mobile application

To access the application, you must have a mobile terminal and Internet access. The application can be downloaded free of charge from the "Apple Store" and "Google Play Store" platforms on the following mobile devices:  

- Apple® Iphone® mobile phone with the iOS operating system under iOS 12.0 minimum  

- mobile phone with the Android® Nougat (v7) operating system minimum.  

Once the application is installed on your terminal, all you have to do is log in using your email address.  

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5)  Registration, creation and deletion of a user account

5.1) registration and login

Registration as a user is done the first time you use the mobile application, when creating the user account.

When using the mobile application for the first time, the user arrives on the registration and login page. If he does not have a user account, he must create one to continue on the mobile application. To do this, he must press the "REGISTER" button, accept the T&Cs presented to him, then he must enter a valid email address and a password of his choice. Once the fields have been completed, the user can use the “VALIDATE” button to validate the creation of his user profile.

The user must therefore provide a valid e-mail address, on which the application will send him a confirmation of his registration for his services. An e-mail address cannot be used more than once to register for the services. Any communication is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to respond within a reasonable time.  

Only one registration is allowed per natural person.  

Finally, if the user already has an account, he can log in with his login credentials by using the "LOGIN" button on the registration and login page of the mobile application.

If the user has lost their login password, they can use the "I forgot my password" button to receive a new one.

The password is personal and confidential, the user thus undertakes not to communicate it to third parties. In any case, MedMax SAS reserves the right to refuse a request to register for the services of the application in the event of non-compliance by the user with the T&Cs.  

5.2) Unsubscribe  

The registered user may at any time request to unsubscribe by going to the dedicated page in his Personal Space. Any unsubscription from the application will be effective as soon as possible.

5.3) Changes to data

At any time, a user can modify certain information in the "My account" page of the mobile application. The first name, last name, address, email and password can be modified from this page. After any change of information, the user must validate his changes so that they are saved on his profile.

5.4) Disconnection

When a user is connected to the mobile application, he can disconnect from his profile at any time from the "My account" section of the mobile application. If the user uses the logout function, he will have to re-enter his login credentials to reconnect to his account.  

 

6) Intellectual property  

The structuring of the application, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the application are the property of the publisher and are protected as such by the laws in force under intellectual property. Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the application, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, except except for elements expressly designated as free of rights on the application. The app user is granted a limited right to access, use and view the app and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial use. Except with prior written agreement, users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements or to access and/or use and/or attempt to access or use the source codes or objects of the application. It is forbidden for the user to enter data on the application which would modify or which would be likely to modify its content or appearance. You do not acquire any intellectual property rights over the application or its content, nor any other right than those conferred by these T&Cs.  

The deposit of the Tattomorrow trademark is registered at  INPI under number 4802372

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7) General obligations of the user

The user undertakes not to communicate his connection information to a third party, insofar as this information allows access to his personalized profile. He also undertakes to respect these general conditions of use and sales in the use and operation of the application. The logos, brands, visuals, or any other protected element included in the application belong exclusively to their owners. Therefore, the user of the application agrees not to reuse this information for personal purposes. The user also agrees to respect the mode of operation of the mobile application, concerning all the services offered there.

 

If you become aware of any unauthorized use of your account, it is your responsibility to immediately inform MedMax SAS by writing to the following address: contact@tattoomorrow.com.

  In general, you accept and acknowledge that your use of the application, including the information you disseminate, is made under your sole and entire responsibility. By using the application, you agree not to act in a way that is harmful or has the effect of causing damage to the image, interests or rights of MedMax SAS, to damage or render the application inoperative. In this regard, MedMax SAS cannot be held liable for any damage resulting from the loss, alteration or any fraudulent use of data, the accidental transmission of viruses or other harmful elements, the attitude or behavior of a third. It incurs no liability for the fact (i) of the impossibility of accessing the application, (ii) of misuse of the application (iii) of the saturation of the Internet network, (iv) of possible malfunctions on the mobile terminals used by you, (v) in the event of force majeure or a fact beyond its control.

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8)  Personal data

8.1) Data collected

The personal data used are mainly your surname, first name, professional address, telephone number, email address, appointments already made and planned as well as your availability. Regarding your customers, the surnames, first names, telephone numbers and email addresses are recorded.

8.2) Storage of personal data

The personal data collected on the mobile application is stored and secured, either directly by the application or by third-party services that comply with current GDPR standards.

User information is retained  and saved on a server located in France. It is secure and access is restricted to authorized persons.

8.3) Use of personal data

The mobile application uses certain personal data of the user for its operation and operation. This information is secured and kept by the company and/or with service providers who comply with the standards for the protection of personal data. This personal data will not be provided or sold to a third party that does not integrate into the operation of the application services.

MedMax SAS may use the personal data of its users to improve and develop its mobile application or to transmit relevant information to its users. MedMax SAS undertakes not to misuse the personal data of its users for commercial purposes.

Similarly, the company MedMax SAS can in no way be held responsible for the use of the user's personal data by a third party, if the latter has had access to the user's personal data due to a fault of it.

8.4) Retention of personal data

The user's personal data are kept after their recovery, unless the user explicitly requests their modification or deletion.

8.5) Management of personal data

In accordance with the GDPR regulations in force, a user may, at any time, explicitly request a modification or deletion of one or more of his personal data by sending an email to contact@tattoomorrow.com.

MedMax SAS undertakes to comply with GDPR standards relating to the acquisition and use of its users' personal data.  

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9) Subscription subscription

9.1) Free version of the app

After the creation of his profile, the user can discover the application, configure his shop, his discharges, his care sheets, create, edit, search for his customers and his appointments in his  diary.  

9.2) Subscription
After registering, the user has the option of taking out a subscription in order to benefit from all the features offered on the mobile application for a given period corresponding to 1 month or 12 months. The subscription to a subscription is done on the mobile application, in the "My account" section. This section presents the different subscriptions offered. The user can then pre-select the subscription of his choice, before pressing the “VALIDATE” button to move on. After validation of the chosen subscription, the user is redirected to the in-app payment module linked to his OS (Apple Pay for IOS and Google Pay for Android). He will be informed electronically of the validation of his subscription to a subscription.

Once subscribed, the user has 15 days of free trial in order to access the import of his diary and the functionalities of the projects: creation, edition, taking photos in the dedicated gallery, sending his discharges and his care of its customers, manage its payments and the traceability of the equipment.

9.3) Payment of the subscription

The payment of a subscription is made in one go, at the time of subscription to it. The amount of the payment corresponds to the pricing in force at the time of subscription to the subscription concerned (see the “prices” part of these general conditions of use and sale). Once payment has been made, the subscription period is triggered and the user has access to all of the application's features.

9.4) Automatic subscription renewal

The subscribed subscriptions are renewed automatically at the end of the subscription period, unless the user has explicitly expressed his desire not to have his subscription renewed at the end of the subscription period by going to the subscriptions linked to its mobile application store (App Store or Play Store). In the event that no renewal cancellation has been expressed, the subscription is automatically renewed at the end of the period. At that time, the user automatically subscribes to a subscription identical to the previous one and is charged the same amount as his previous subscription.

9.5) Cancellation of automatic renewal

In the event that a user does not want to see his subscription renewed at the end of his subscription period, he can go to the "SUBSCRIPTIONS" section of his mobile application store (App Store or Play Store) in order to report his desire to stop the automatic renewal of his subscription. This request must be made at least 48 hours before the end of its current subscription period. Auto-renewal will then be canceled and the user's subscription will end when their current subscription period expires. At that time, he will no longer have access to all the functionalities of the application and will have to subscribe again to regain access to all the functionalities.

9.6) Proof  

Communications, orders and payments made between the Customer and the Seller may be proven through computerized registers, kept in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

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10) Financial terms

10.1) Rates

Subscription prices are set by  MedMax SAS and depend on the subscription period concerned. In the current version of the Tattoomorrow services, two types of subscriptions are available to the user: 1 month subscription at €9,90 including tax and 12 month subscription at €99. Payment for subscriptions is made at the time of subscription, in one go.

The subscription is subject to automatic renewal at the end of each subscription period, unless the user expresses his wish to cancel the automatic renewal (see the section “Cancellation of automatic renewal”).

The prices displayed on the mobile application are indicated in euros and take into account the French VAT applicable on the day of subscription to the subscription.

10.2) Payment

In order to facilitate the payment system, the mobile application integrates in-app payment into its operation. All subscriptions to Premium subscriptions are managed by Apple and Google via the in-app-purchase. Payments are therefore made on the user's Apple or Google accounts page and the bank cards or bank accounts associated with these accounts.

10.3) Secure payment & fight against fraud

By including in-app payment from Apple and Google in its operation, MedMax SAS provides the user with secure payment through its mobile application. The user's personal payment information is subject to a secure process that guarantees compliance with personal payment data, which cannot under any circumstances be communicated to a third party. MedMax SAS can in no way be held responsible for a failure to secure payment, this being the responsibility of Apple or Google.

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11)  Right to retract

This article concerns digital content provided on an immaterial medium and subscription contract for these services, the performance of which has begun after agreement and for which the customer waives his right of withdrawal: In accordance with the provisions of article L .221-28-13° of the Consumer Code, taking into account the nature of the services, and insofar as the execution has begun after the customer's express prior agreement and after his express waiver of his right of withdrawal, the user cannot exercise his right of withdrawal.

The latter may nevertheless contact MedMax SAS in the event of a particular problem with their subscription. MedMax SAS undertakes to best satisfy any requests from the user.

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12) Application Availability

MedMax SAS undertakes to make every effort to offer its users optimal service on the mobile application. Being subject to an obligation of means, the company cannot be blamed in the event of problems related to the operation and use of the mobile application.  

The application is accessible online 7 days a week and 24 hours a day. However, given the complexity of the Internet network and the influx, at certain times, of Internet users, MedMax SAS does not offer any guarantee. continuity of service and cannot be held liable in the event of temporary inability to access all or part of the application. No right to compensation is granted under this paragraph.

As the application is constantly evolving, it is possible that errors may occur during its operation. MedMax SAS undertakes to correct any errors as quickly as possible, so as not to injure the user.

MedMax SAS reserves the right to modify, extend, delete, limit or interrupt the application and the associated services at any time, without prior notification, and without incurring its liability.

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13) Sanctions in the event of breach of the T&Cs

In the event of violation of the T&Cs by the user, MedMax SAS reserves the right to take appropriate sanction and reparation measures. MedMax SAS specifically reserves the right to deny the user any access to the application or our services temporarily or permanently. These measures can be taken without giving any reason and without notice. They cannot engage the responsibility of MedMax SAS or give rise to any form of compensation. The illegality or total or partial invalidity of a provision of our T&Cs will have no impact on the validity and application of the other provisions. We have, in such a case, the right to replace the provision with another valid provision of similar scope.

For example, MedMax SAS has the right to delete a user profile that does not comply with these conditions.

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14)  Special conditions

MedMax SAS is the sole owner of the rights to the Tattoomorrow mobile application. Consequently, the company MedMax SAS  reserves the right to make modifications, improvements or changes to the mobile application throughout its operation.

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15) Applicable law and disputes

These T&Cs are subject to French law. Any dispute concerning the application or interpretation of these T&Cs will be submitted to the competent court of Thonon.  

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16) Contact

You can address your questions or comments relating to these T&Cs to MedMax SAS by writing to the following address: contact@tattoomorrow.com

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17) Force majeure  

If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, then it is a question of force majeure. In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Customer. If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already performed by the Seller will nevertheless be invoiced in proportion to the Customer.  

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18) Independence of clauses  

The illegality or total or partial invalidity of a provision of these T&Cs will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.  

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19) Dispute Resolution

In the event of a problem related to the use and operation of the Tattoomorrow mobile application, the user may at any time contact the company MedMax SAS, by the means of contact presented on the mobile application or on the website https://www.tattoomorrow.com

MedMax SAS assures the user that it will make every effort to resolve any problems and disputes that the user may encounter when using the mobile application. In the event of disputes, the user and the company MedMax SAS undertake to refer to these general conditions of use and sales.

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20)  Legal Notice

MedMax SAS RCS 852 397 066

Address: 98 Chemin entre pierre et Sabri 74250 Fillinges France

Email: contact@tattoomorrow.com

web: www.tattoomorrow.com