CONDITIONS OF USE
Dated 27 May 2020
Use of the website published by OLYTHE implies unconditional acceptance of the following provisions by any User wishing to benefit from the Services delivered by the website. The most recent version is authoritative.
ARTICLE 1. Legal Identity
The website is published by OLYTHE, a simplified joint stock company with a share capital of €2,900,000.00, registered with the Aix-en-Provence Trade and Companies Register under number 791 392 236, having its registered office at 240 rue Louis de Broglie, les Méridiens, Bâtiment B, 13100 Aix-en-Provence, France, represented by Mr Guillaume NESA, its current President, sole owner of all intellectual property rights to the Application, which may also be referred to individually the “Party” or collectively with the User as the “Parties”;
Hereinafter referred to as “OLYTHE”,
Director of the publication : Guillaume NESA.
The website is hosted by Gandi.net.
ARTICLE 2. Definitions
The following terms, whether used in the singular or plural herein, shall always have the following definition:
Refers to the mobile iOS or Android application for testing and monitoring alcohol consumption called “OCIGO”, available via the “AppStore” and “PlayStore”, developed, published and hosted by OLYTHE, which holds exclusive ownership thereof. Use of the Application is effectively granted by OLYTHE to the User under these GTCU, in accordance with the User Licence described in Article 10 below;
Refers to the device connected by Bluetooth to the User’s Smartphone which communicates information to the Application, such as Device Status, measurement data and battery level. The User must specifically order the Device from OLYTHE. The operating instructions are provided with the Device;
- User Data: Refers to all the User’s Personal Data, as well as all data over which the User holds an intellectual property right, provided by the User in the context of the use of the Services provided;
- Personal Data: Refers to all types of information, data and content collected in the context of the use of the Services provided by the Application, which, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, make it possible to directly or indirectly nominate or identify a natural person;
Refers to all the services which OLYTHE provides to Users through the website, under these GTCU;
Refers to the natural person covered by a User Licence and authorized as such to access the website and thus benefit from the Services;
ARTICLE 3. User Acceptance – Disclaimer
These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) are expressly agreed and accepted by the User, who declares and acknowledges that they are fully aware of them.
In any event, should the User start to use any of the Services offered by the website, they shall be subject to these GTCU. The User is therefore deemed to have accepted all of the rules stipulated herein, as well as those that may be listed in any document available on the website, incorporated into these GTCU by reference and which govern their relationship with third parties and with OLYTHE.
These GTCU are enforceable throughout the duration of use of the website, and until new GTCUs supersede the present document.
As the Application can be made available to any other user via the “guest” mode, the User ensures that any guest users comply with these GTCU, and shall act as a guarantor for them in respect of OLYTHE.
ARTICLE 4. Changes
OLYTHE reserves the right to modify the present GTCU, according to the technical evolution of the website or its Services, or due to changes in legislation, at its sole discretion.
Generally speaking, the use of the Site by the User is always subject to the most recent version of the GTCU accessible to Users at the time of such use. It is the User’s responsibility to consult the GTCU accessible on the website as often as necessary.
ARTICLE 5. ACCESS TO THE SERVICE
Access to the website and Services is free and does not require the creation of a user account or profile.
OLYTHE cannot guarantee the compatibility of the website with all browsers, operating systems and smartphones.
Access to the website and Services also depends on the quality of the User’s hardware and internet network.
ARTICLE 6. General Description of Services
OLYTHE has designed a breathalyzer to measure the alcohol content in exhaled air.
The purpose of the website is therefore the technical and commercial presentation of the OCIGO Device.
In addition, the website allows you to contact OLYTHE to order or request information on the OCIGO Device via the contact forms provided for this purpose.
The Services are subject to change without the prior consent of the User.
The User acknowledges and accepts that their use of the Application is governed by the status of the Services and the features available at the time of use.
ARTICLE 7. Violation
Any violation of the present GTCU authorizes OLYTHE to initiate any legal or criminal proceedings in order to put an end to the said violation and to claim compensation for its prejudice.
ARTICLE 8. License to use the website
8.1 Scope of the rights granted
OLYTHE grants to the User (who accepts), for the duration of use of the Application, the non-exclusive, non-transferable and non-assignable right to use the website, within the strict limit of the Area of Use hereinafter defined, in the Territory, in strict compliance with the provisions set out herein (hereinafter the “Licence”).
The User expressly acknowledges that all rights relating to the website remain the exclusive property of OLYTHE.
The User may not sell, assign, publish, present or disclose these rights, or otherwise make them available to third parties by any means whatsoever.
8.2- Area of Use
This Licence is expressly limited to actions which are necessary to the use of the website by its Users.
8.3 Restrictions on Use
Use of the website published by OLYTHE and made available to Users is subject to the limitations described below.
This Licence is strictly personal and the User may not assign, transfer or delegate any rights or obligations that they hold under this Licence without OLYTHE’s prior written consent.
As an indication, OLYTHE prohibits any User from doing any of the following without its written authorization:
- Making any copy of all or part of the software solutions comprising the website;
- Permanently or temporarily reproducing the Application made available, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the software;
- Practising reverse engineering, decompiling or disassembling the Application, computer program(s) or software solution(s);
- Modifying, altering, adapting or making any change of any kind whatsoever to the presentation and content of the Application, computer program(s) and software solution(s), trademark, trade name, logos etc. affixed to the Application, its presentation, and from removing the identification and ownership notices from the Application, including the names of contributors;
- Translating, adapting, arranging or modifying all or part of the Application, exporting it or merging it with other computer applications;
- Deleting or alter as they may appear on the presentations or in the content of the Application, computer program(s) and software solution(s);
- Renting the website;
- Publishing, without OLYTHE’s prior written consent, any performance or evaluation test or analysis relating to the website.
Once conceded, this Licence is granted for the duration of use of the User Account.
This Licence is expressly limited to the territories of the entire World.
ARTICLE 9. Equipment
The use and maintenance of any equipment required in order to access the website is the responsibility of the User, who will bear the costs thereof alone. OLYTHE shall not be liable for any damage to any equipment in connection with the use of the website.
ARTICLE 10. Security
In order to guarantee the security of your data, OLYTHE takes all useful precautions, be they physical, logical, administrative or organizational, with regard to the nature of the data and the risks presented by the various processing operations, to preserve the security of the data and prevent it from being distorted, damaged or accessed by unauthorized third parties.
To this end, OLYTHE uses an SSL encryption protocol for data transmission between the terminals and servers of our service providers and controls and manages access to information within OLYTHE.
ARTICLE 11. Intellectual Property
OLYTHE retains ownership of all intellectual property rights to the Application, and more generally all components reproduced or used on the Application are protected as intellectual property, including graphics, trademarks, logos, designs, text, slogans and multimedia content (the “Components”).
In particular, OLYTHE has registered designs with the European Union Intellectual Property Office (EUIPO) under the following numbers:
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Components, without the prior written consent of OLYTHE, is strictly prohibited.
The User acknowledges and accepts that access to the website and the computer program(s) and software solution(s) made available to it by OLYTHE shall not entail any transfer or concession of intellectual property rights (in particular trademark rights or copyright) or other rights for the benefit of the User.
Any breach of this clause may result in an infringement of copyright, trademark or other intellectual property rights that may expose the User to civil and/or criminal penalties.
The fact that OLYTHE does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of the said uses or waiver of prosecution.
The User undertakes to inform OLYTHE without delay of any infringement of the latter’s intellectual property rights that they may become aware of.
ARTICLE 12. Applicable Law and Jurisdiction
These GTCU are subject to French law.
All disputes relating to these GTCU shall be brought to the attention of the materially and territorially competent court.