Use of the YOUR DAY application implies acceptance of and compliance with these Terms and Conditions of Use.
The YOUR DAY application is published by YOUR DAY COMPANION, a simplified joint stock company with a share capital of 240,500.00 euros, registered with the Paris Trade and Companies Register under number 917 937 997, whose registered office is located at 31, avenue de Ségur, Paris (75007), France.
Definitions
In these General Terms and Conditions of Use, the following words or expressions shall have the meaning currently attributed to them:
“Subscriber”: refers to a registered User who has subscribed to one of the paid subscription offers proposed by YOUR DAY.
“Application”: refers to the IT tool made available to the Guest User, or to the Public User, by the Subscriber (brand, company, association…), and which will include all the information necessary for the proper organisation of the event. The Application will include all or some of the modules pre-established in the Platform.
“Authentication”: refers to the procedure by which the Subscriber and/or Guest User of the Application provides and confirms his or her identity, in order to create a Subscriber Account or access the Services, using an Identifier and/or a password.
“Database”: refers to all the data communicated by the Subscriber and Guest Users, organised for use by the Application, the structure of which is the property of YOUR DAY and the content of which is the property of the Subscriber, under his sole responsibility.
“Subscriber Account”: refers to an access opened to a Subscriber.
“General Conditions”: refers to the present general conditions of use.
“Event”: refers to all types of events such as seminars, conventions, congresses, symposiums, showrooms, product launches, open days, trade shows, etc., or internal or commercial company activities, etc., generated by the Subscriber using the Application, for the benefit of Users.The Subscriber may use the Application Services to create several Events. Each Event is the subject of a session of a duration defined by the Subscriber.
“Identifier”: refers to a unique access code assigned to a Subscriber or Guest User which, together with a password, enables them to Authenticate and access their Account and/or the various functions of the Application.
“Organizer”: refers to the Subscriber in his/her capacity as organizer of an Event.
“Party(ies)”: means YOUR DAY, the Subscriber and the Guest User, taken collectively or individually.
“Platform”: refers to the computer program designed, developed, published and marketed by YOUR DAY. The Platform offers the possibility of creating applications (Web Apps) in a standard way.To this end, it offers modules that enable professionals to aggregate a large number of participants by means of invitations, product promotion or live exchanges.The Application is made available to the Subscriber via an Internet connection.
“Services”: refers to all services provided by the Application to Guest Users and Public Users.
“User(s)”: refers to any individual(s) or legal entity(ies) (companies, associations, etc.) with access to the YourDay Platform, regardless of where they are located or how they are connected. The User may be a Guest User or, where applicable, a Public User.
“Guest User”: refers to the natural or legal person who has accepted the present General Terms and Conditions, and who is authorized, upon invitation by the Subscriber, to browse the Application under the conditions set by the Subscriber.
“Public User”: refers to any Internet user who connects freely to the Application when some of the Services associated with it are made public at the Subscriber’s initiative.
Subject
These conditions apply to Subscribers and Users.
Their purpose is to define the conditions under which YOUR DAY provides the Services to Subscribers and Users.
Use of the Services is subject to compliance with and unreserved acceptance of these General Conditions of Use.
Registration and acceptance of General Terms and Conditions
To use the features of the Application, the Subscriber must create an Account.
The Guest User will access the Application via a link received on his/her guest e-mail address, in order to be able to take advantage of the Services offered by the Application. If the Guest User loses his/her invitation e-mail, he/she will be able to enter his/her e-mail address on the Application and connect via a new link sent to him/her. If an e-mail address other than the invited User’s e-mail address is entered, the invited User will not be able to access the Application and will be asked to contact the Organizer.
Completion of the registration process, at the end of which the Subscriber and/or Guest User are authorized to create and/or participate in professional exchanges of information and/or services, implies that the Subscriber and Guest Users have first read and accepted all of the present General Terms of Use, as well as the Privacy Policy.
Although the Public User does not create an account and does not participate in online discussion forums and exchanges, it is nevertheless necessary for him/her to read and accept these Terms and Conditions of Use in their entirety, as well as the Privacy Policy, in order to be able to access the Services available to him/her.
By accepting these Terms of Use, the Subscriber and Users declare and acknowledge that they have the hardware and software updates required to consult the Application, and, where applicable, for the Subscriber, the authorizations to make payments for the subscription to the Application’s Services.
Services
Subscribers access their Accounts to enter and/or modify their personal and contact information.
Subscribers and Guest Users can perform the following operations:
- communicate with all other Guest Users via chat,
- answer any questionnaires or quizzes made available,
- complete an RSVP form and send requests via this form,
- share photos on the application’s photo wall.
YOUR DAY undertakes to make every effort to provide reliable, efficient and rapid access to the Services.
The Subscriber and the Guest User accept the General Conditions of Use. Subscribers hold an Account. Guest Users are authorized to access the Services online according to the configuration chosen by the Subscriber.
Subscribers access their Account using a personal User ID and password, which they are responsible for keeping strictly confidential.
The Guest User accesses the Services, at the Subscriber’s invitation, via a secure link or a QR code sent to his/her e-mail address.
The Application is accessible 24 hours a day, 7 days a week, subject to accidental interruption or necessary maintenance. Such interruption shall not give rise to any compensation.
Acceptance and enforceability of the General Terms of Use
The creation of an Account and access to the Services require prior acceptance of the General Conditions of Use.
The Subscriber and the User are invited to read the present General Terms of Use and to complete the fields on the registration form.
Acceptance of the General Terms of Use by the Subscriber and the User is materialized by an online action (“click” technique for Internet users, or tactile validation for smartphone screens). By selecting and validating the box “I have read and accept the present General Conditions of Use”, the Subscriber and User declare that they accept the General Conditions of Use, which will then be enforceable against them.
YOUR DAY reserves the right to make any changes to these General Terms and Conditions of Use that it deems necessary, useful and/or essential, depending on its commercial offer, technical developments, changes in legislation and/or case law.
The Subscriber and the Invited User will be invited to take cognizance of the modified General Terms of Use and to accept or refuse them. In the event of refusal, the Subscriber and Guest User will remain bound by the previous General Terms of Use until the end of their current subscription or access period. At the end of the initial or current subscription period, the subscription will be automatically terminated and access deleted.
Subscriber and Guest User areas
The Subscriber must complete a registration form on the Platform to access the “Subscriber” area.
Guest Users simply need to use the link or QR code sent securely to their e-mail address.
The Subscriber must choose his Identifiers in accordance with the security recommendations issued by YOUR DAY.
Certain additional information may occasionally be requested from the Subscriber in the registration form or directly by YOUR DAY, which are not essential to the Services and are therefore not compulsory, but which may enable their quality to be optimised.
The Subscriber undertakes to provide his own e-mail address. All correspondence sent by YOUR DAY and the Service will be sent to this e-mail address. The Subscriber recognises this necessity and consequently releases YOUR DAY from any liability concerning the sending of any correspondence to an address that he/she has provided and which is not/no longer valid or which has not been consulted correctly. YOUR DAY reserves the right to carry out checks via a confirmation link or SMS.
Once the form has been completed and the General Conditions of Use have been accepted, the Subscriber will receive an e-mail confirming their registration and identity, which they must open in order to complete the registration process.
Subscriber Accounts are strictly personal.
The Subscriber Area
The Subscriber connects to the YOUR DAY Platform via the yourday-app.com website.
The Subscriber chooses one of the 3 available packages, YD business, YD entreprise or YD conciergerie, as well as the number of Guest Users they wish.He then creates his Account by entering his surname, first name, e-mail address and company name.By choosing the YD business or YD entreprise formula, the Subscriber is entitled to a 14-day trial period. The Subscriber may choose to indicate his or her means of payment at the time of registration, or at the end of the trial period offered to him or her when subscribing for the first time.
On first connection, the Subscriber receives a validation SMS (double authentication).
The Subscriber can then create his application in the following 5 steps:
- choice of Event (creation and title),
- customization of the Application (typography, colors, logo, graphic charter, language, etc.),
- configuration of modules (program, good addresses, where to sleep, quiz, questionnaire, free text, trombinoscope, photo sharing, guest book),
- guests (creation of RSVP form),
- sending the invitation to connect to the Application, via the secure sending system.
The Subscriber is fully responsible for his or her Subscriber space. He/she undertakes to maintain access and operation in accordance with these General Terms and Conditions of Use.
The Guest User area
Guest Users will have access to the Application via a protected link sent to their e-mail address. The Application will only be accessible if he/she identifies himself/herself via his/her invitation e-mail address. If the invited User loses the e-mail generated by the Application and containing the connection link or QR code, his e-mail address will be requested on the Application and he will receive a new connection e-mail. This will contain all the information on the Event organized by the Subscriber (program, addresses, RSVP, etc.). The Subscriber will be able to consult and interact with the Organizer via the Application, if the Organizer has previously activated one of the following modules: Chat, Photo sharing, Dynamic RSVP with open question, Questionnaire or Quiz.
Public User areas
The Public User will have access to the Application via a link or QR code sent directly by the Subscriber, or via various intermediaries and media (advertising, posters, etc.).The Subscriber will find all the information on an Event (program, good addresses, RSVP, etc.).They will be able to consult and interact, if they wish, with the Organizer, via the Application, if the Organizer has previously activated one of the following modules:Chat, Photo Sharing, Dynamic RSVP with open question, Questionnaire or Quiz.The Organizer will also be able to register if the Event has a gauge.In this case, he/she will have to provide a number of details: surname, first name, e-mail address and any other information required to organize the Event (telephone number, number of participants, address, etc.).
Security
Login security policy
Identifiers are strictly personal and confidential.
Subscribers are strongly advised to ensure that their password includes both numbers and letters, in upper and lower case, as well as signs, so as to ensure that it is sufficiently complex.
Subject to the security guarantees put in place by YOUR DAY, the Subscriber is solely responsible for its use and confidentiality.Any access to the Services using the Subscriber’s Identifiers will be deemed to have been made by the User in question.
The Subscriber undertakes to keep his Identifiers (and in particular his password) secret, and not to divulge them under any pretext or for any reason whatsoever.
By way of derogation, should the Subscriber entrust his or her Identifier to several employees, it is the Subscriber’s responsibility to oblige them to respect the confidentiality of the Identifier and, in all cases, to remain solely and exclusively responsible for the security of his or her Identifier.
If the password is lost or forgotten, or if its confidentiality is no longer guaranteed, the Subscriber must change it as soon as possible using the procedure provided for this purpose, by clicking on the link “Forgot your password? An e-mail containing a secure link will then be sent to them, enabling them to change their password, with the old password simultaneously deactivated.
Subscribers assume all responsibility for the direct and indirect consequences of disclosure of their password to any third party whatsoever.
Security of the Services
The Services constitute an automated data processing system.Any fraudulent access to, or alteration of, this system is forbidden and will be prosecuted in accordance with the provisions of articles 323-1 et seq. of the French Penal Code.
Subscribers and Users are solely responsible for the use and implementation of their connection equipment, and in particular for the security, protection and backup of the latter. In this respect, they undertake to take all appropriate measures to protect their own access to the Services, as well as the data they transfer to the Application.In this respect, Subscribers and Users are strongly advised not to use the Services from a cell phone or computer which they do not own or whose use is shared with a third party. In this case, YOUR DAY cannot be held responsible for any damage caused by this.
Subscribers and Users undertake not to commit any act that could jeopardise the security of the Services.
Subscribers undertake to inform YOUR DAY without delay (at the following address: contact@yourday-app.com) of any attack on their Subscriber Account or of any suspicion of fraudulent access to it.
YOUR DAY’s obligations
YOUR DAY undertakes to use all material, human and technical resources to provide the Services.
YOUR DAY undertakes to respect the confidentiality and retention period of the data communicated by the Subscriber and the User in the context of the operation of the Application. On this point, please refer to article 11 of these GTC and to the data protection policy.
Obligations of the Subscriber and Users
The Subscriber and Users undertake :
- to respect the intellectual property rights of YOUR DAY and third parties;
- not to use the Application and Services in such a way as to jeopardise their proper operation or security;
- not to use the Application and Services to transmit, distribute or publish any information, photograph or data concerning a legal entity or natural person without their consent, and in particular personal details or bank details;
- not to harass other Users of the Services by repeated comments or behavior likely, in particular, to infringe their rights and dignity, to alter their physical or mental health or to compromise their professional future;
- not to undermine or encourage any conduct that would violate the law and in particular incite discrimination or racism and hatred, promote violence or threatening acts against any person or group of persons, or that would be likely to encourage any type of illegal or dangerous activities;
- not to publish, store or upload to the Application any information, messages, data or images of an illicit nature, in particular contrary to accepted standards of public decency, defamatory or insulting, or infringing the rights of third parties, in particular privacy or intellectual property rights;
- to ensure that data and information transferred or communicated on the Application do not interfere with its proper functioning. In particular, they undertake not to store any data on the Application that contains or is likely to contain viruses.
Consequently, the Subscriber and Users are responsible for any damage that this data, information or themselves may cause to YOUR DAY, to a third party or to the Application and guarantee YOUR DAY against any recourse that may be brought against it by a third party as a result of this data, information or reprehensible behaviour.
Any behaviour by a Subscriber or User which does not comply with the provisions of this article may be reported to YOUR DAY at the following address: contact@yourday-app.com.
Intellectual property rights
YOUR DAY guarantees that it holds the intellectual property rights to the Application, the Services and the structure of the Database containing the information transmitted by the Subscriber and to Users, in accordance with the provisions of the French Intellectual Property Code.
The Subscriber is the sole owner of all data and information integrated into the Database as part of the execution of the Services.
Under these General Conditions of Use, YOUR DAY grants the Subscriber, who accepts, a non-exclusive and non-transferable right to use the Application, for the duration of the subscription taken out, and for the Subscriber’s own needs only.
This right of use is exercised by remote access as of the Subscriber’s connection to the Platform.
All the elements making up the Application, such as software, development and graphics, belong exclusively to YOUR DAY and are protected by intellectual property rights.
Any use not expressly authorised by YOUR DAY under these General Conditions of Use is unlawful, in accordance with the provisions of article L.122-6 of the French Intellectual Property Code.
The Subscriber shall therefore refrain from :
L’Abonné s’interdise donc notamment de procéder à :
- adaptation, modification, transformation, arrangement of the Platform, for any reason whatsoever, including to correct any errors;
- any transcription, direct or indirect, or translation into other languages of the Platform;
- any decompilation of the Platform, except in cases expressly provided for by law;
- any use for processing not authorized by YOUR DAY;
- any modification or circumvention of protection codes such as, in particular, the Identifiers and passwords used;
- any attempt at unauthorised access to the Platform or the Database.
Personal data
As part of the implementation of the Services, YOUR DAY is required to process the personal data of Subscribers and Guest Users. In this respect, YOUR DAY undertakes to comply with the provisions of French law no. 78-17 of January 6, 1978 “Informatique et Libertés”, as amended, relating to information technology, files and freedoms and European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, under the conditions specified in the Privacy Policy available on this link: data protection policy.
Individuals may exercise their right to access and rectify data concerning them, collected by YOUR DAY in the course of carrying out the Services, by contacting YOUR DAY at the address given in the Legal Notice of the Application, and as indicated in the data protection policy.
Access and telecommunications
Connection costs for access to the Platform and the Application are the sole responsibility of the Subscriber and Users.
The Subscriber and Users declare that they are aware that the transmission of data on the Internet network may be subject to hazards totally independent of YOUR DAY, particularly in terms of transfer speed, reliability of connections, security and integrity of transmitted data. YOUR DAY cannot therefore be held responsible for any difficulties arising from problems with data transmission over the Internet.
Database security management
The Database and all processing will be hosted for YOUR DAY by Firebase, its current subcontractor, or by any other subcontractor of its choice.
YOUR DAY undertakes to implement the appropriate technical means to ensure the security of the Database.
Responsibility of Your Day
Under these General Conditions of Use, YOUR DAY is subject to a general obligation of means.
YOUR DAY may not be held liable in the event of interruption of access to the Application and its Services, in particular due to maintenance operations, updates or technical improvements intended to improve the presentation, content or functionality, provided that the interruptions in question are notified in advance and that they do not exceed current practice.
YOUR DAY is not the publisher of the Events or of the data communicated by the Subscriber and Users. Consequently, YOUR DAY may not be held liable in this respect for elements or comments published by the Subscriber and Users.
In order to preserve the Application, YOUR DAY reserves the right to delete any contentious content without prior notice.
YOUR DAY may not be held liable in any way in the event that it is required, in accordance with the law, by an administrative or judicial authority (in particular following an order for identification purposes, etc.), to communicate all the personal data of the Subscriber or of an invited User to the authority concerned.
In any event, and insofar as YOUR DAY is deemed liable for any damage whatsoever, its liability will be expressly limited to direct, real and certain damage.Consequently, YOUR DAY will not be held liable for indirect damage, loss of opportunity, loss of profit or damage resulting from the loss of data, whatever its nature, or operating loss caused by the use or inability to use the Services.
Data backup and archiving
YOUR DAY replicates and backs up databases to guarantee optimal service.
Termination for breach
Access to the Platform and the Application may be withdrawn by operation of law in the event of non-compliance by the Subscriber and/or Users with any of their obligations, in particular in the event of infringement of YOUR DAY‘s intellectual property rights or activities likely to cause prejudice to others.
This measure will take effect upon notification by YOUR DAY by electronic means, without prior formal notice.
Deletion of data – Reversibility
For a period of 6 months from the termination of the subscription contract with the Subscriber, for any reason whatsoever, YOUR DAY will retain the Subscriber Account and Database data. After this period, all data relating to the subscription will be destroyed without the Subscriber or Guest User being able to claim any compensation whatsoever.
A reversibility option is also available (see General Terms and Conditions for the use of SAAS services as regularized by the Subscriber). Guest Users have no right of reversibility over the Database.
Consent given electronically
For the acceptance of the present General Terms of Use, and within the framework of the use of the Application, the Subscriber and Users acknowledge and accept that their consent is validly given by electronic means, in particular by means of checkboxes and validation “clicks”, under the conditions provided for by Article 1367 of the French Civil Code and Decree no. 2001-272 of March 30, 2001.
Sub-contracting
YOUR DAY may freely entrust the performance of all or part of the services for which it is responsible under the operation of the Services to a third party subcontractor.
General provisions
The Contract contains the entirety of the obligations of the Parties.
No modification of the present General Terms and Conditions of Use may result from an exchange, even in writing, between the Parties, or be inferred from the conduct or words of a Party, without the signature of a written document.
In the event of nullity of one of the provisions of the present General Terms of Use, the other provisions shall remain in force.
Le fait que YOUR DAY n’ait pas exigé l’application ou le respect total, plein et entier d’une disposition des présentes Conditions Générales d’Utilisation ne pourra en aucun cas être considéré comme une renonciation aux droits que YOUR DAY tient de cette disposition.
Applicable law
These General Terms and Conditions of Use are governed in all respects by French law. They have been drafted in the French language, which is considered to be the sole language.
For any dispute relating to the validity, interpretation, performance or termination of these General Conditions of Use, the contractual value of which is hereby reaffirmed, YOUR DAY and the Subscriber hereby confer jurisdiction on the competent courts within the jurisdiction of the Paris Court of Appeal, even in the event of an incidental claim, multiple defendants, third-party proceedings or summary proceedings. The same applies to any dispute with a Guest User who is a legal entity.
Any action against YOUR DAY will be time-barred one year after the event that gave rise to it.