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GENERAL TERMS OF USE
OF THE
“JULIE DESK” SERVICE
(Released 25 November 2015)

1. Definitions

The terms defined below, whenever used in these General Terms of Use with a capital first letter in both the singular and plural, shall have the meanings attributed to them hereinafter.

“Calendar”: means the digital calendar(s) or schedule(s) provided by the User, which the User allows the Service to access;

“GTU”: means these general terms of use;

“Contact”: means a person placed in contact with Julie Desk by the User in the course of using the Service;

“Features”: means the features provided by the Service and described on the Website;

“Service” or “Julie Desk”: means the appointment scheduling service provided by Wepopp to the User;

“Website”: means the website www.juliedesk.com;

“User”: means any customer of Wepopp, whether a Main User or an Affiliate to the Service, or any person authorized by the User;

“Affiliate User”: means a Wepopp customer using the Service in performance of their duties in respect to the Main User, and whose access to the Service is paid for by the Main User;

“User”: means any customer of Wepopp, whether a Main User or an Affiliate to the Service, or any person authorized by the User; a User may subscribe to several offers on behalf of Affiliate Users;

“Wepopp”: means Wepopp, a simplified joint stock company with a registered capital of 12,879.73 euros, having registered offices at 6, rue Louis Gaudry – 92160 Antony, France, being registered with the Trade & Companies register of Nanterre under number 792 915 092, telephone number +33 1 76 38 00 33.

2. Acceptance of these general terms of use

Use of the Julie Desk appointment scheduling Service is subject to these General Terms of Use, which Wepopp reserves the right to modify at any time, said changes becoming effective immediately upon posting on the Website.

The User is considered to have given their full, unreserved acceptance of the GTU insofar as they have checked the “I hereby accept the General Terms of Use” box when creating their User account or when subscribing to an offer.

If this box is not checked, creating a User account and use of the Service is impossible and invalid, as the User hereby acknowledges.

3. Purpose of the Service

The Service is a digital scheduling service for appointments made between the User and one or more of their Contacts, though emails exchanged between Julie Desk and the Contacts on behalf of the User.

4. Access to the Service

4.1. Legal capacity

The Service is restricted to use by persons of majority age, in addition to enfranchised children benefitting from full legal capacity.

4.2. User status

The Service is reserved exclusively for use by professionals. By checking the “I accept the General Terms of Use” box, the User declares that they are acting in the capacity of a professional and acknowledges that consumer rights provisions are not applicable to the subscription and use of the Service.

5. Use of the Service

5.1. Creating a User account

To use the Service, the User must first create a User account by following the procedure described for this purpose on the Website or received by email.

To be able to use a User account, the User must enter a valid email address throughout the entire duration of the Service usage period.

The User alone is responsible for keeping the access codes to their email account and Calendar private, and Wepopp declines all liability if the Service is used by a person other than the User or a person authorized by the latter, possessing the usernames and passwords to the User’s email account.

5.2. Minimum configuration requirements

To use the Service, the User must compulsorily create a User account, allow Wepopp to access their Calendar(s) and complete the User preference questionnaire made available when creating the account.

6. Duration

The Main User signs up for the Service for the duration of their choice, ranging from one (1) month to one (1) year.

The Service is tacitly renewed for the same period, except where the Service is cancelled by the Main User or Wepopp, pursuant to the terms of article 15 hereinafter.

7. Service offers

The Service proposes subscriptions to several offers allowing Users to implement additional features.

These Features are updated on the Website on a regular basis.

Wepopp reserves the right to add, delete, and/or change any Feature proposed to the User as part of its offers without prior notice, and said additions, deletions, and/or changes do not entitle the User to any compensation and/or damages for any reason whatsoever.

8. Obligations of the parties

8.1. User’s obligations

The User certifies the accuracy of the information supplied to Wepopp and undertakes to act in good faith when using the Service.

The User undertakes to comply with these GTU, and in particular to provide the minimum configuration requirements.

The User undertakes to back up all their data relating to their Calendar(s) before subscribing to the service and on a regular basis throughout the duration of the Service.

8.2. Wepopp’s obligations

Wepopp undertakes to provide its best efforts to:

9. Service availability

Wepopp undertakes to provide its best efforts to make the Service available 24/7, without interruption other than those required for corrective maintenance or upgrades to the Service.

The User’s attention is specifically drawn to the fact that the Service may, like any computer application, be affected by malfunctions, anomalies, errors or interruptions due, amongst others, to connection problems.

Therefore, Wepopp does not guarantee that the Service will be available to the User on a permanent basis.

Under no circumstances may the User hold Wepopp liable for any malfunctions, anomalies, errors or interruptions, even if they have caused any prejudice whatsoever.

10. Financial terms

To benefit from the Service, the Main User undertakes to pay a flat-rate fee, the amount of which is determined on the Website when subscribing to each Service offer.

The Main User may subscribe to several Service offers on behalf of Affiliate Users;

The Main User is then responsible for paying for all the offers to which they have subscribed for their own account and on behalf of Affiliate Users.

The prices stated on the Website are exclusive of VAT.

Payment is made in one transaction for each offer, in advance, for the entire subscription period via the Stripe online payment solution (https://stripe.com). The User therefore undertakes to create a Stripe account for this purpose as soon as the User account is created.
By way of exception, and contingent on the express agreement of Wepopp, the Main User may pay for the Service by wire transfer.

Any delay in payment for the offers subscribed by the Main User for their own account and on behalf of Affiliate Users will automatically entail the termination of contractual relations with the Main User and the Affiliate Users by Wepopp, and the application of default interest pursuant to article L441-6 of the French Commercial Code plus a flat-rate recovery fee of forty (40) euros.

11. Limitation of liability

Notwithstanding the exclusions to liability provided for in these GTU, it is agreed that in any event and for any reason whatsoever, the liability incurred by Wepopp for any reason whatsoever arising from the Service may not, except for gross negligence or willful misconduct, exceed the total amount invoiced by Wepopp to the User over the last twelve (12) months prior to the event incurring Wepopp’s liability.

Under no circumstances may Wepopp be required to repair consequential damage such as, but not limited to, damage arising from loss of business opportunity, revenue, turnover or margin, clientele, data, or from damage to image or reputation, interruption or deceleration of business activity, costs of replacement or any claim or application filed by a third party, even if Wepopp has been informed of the possibility of said damage.

The User acknowledges that the pricing terms of the Service are based on these limitations and exclusions, and on the User’s professional status within the meaning of French consumer law, without which Wepopp would not have entered into a contract.

12. Warranty exclusions

In addition to the cases provided for in these GTU and in particular in articles 5.1 and 9, Wepopp’s liability is excluded in following cases:

13. Force majeure

The parties agree acts of force majeure shall include: changes to legislation or regulations, natural catastrophes, fire, tempests, floods, acts of war and terrorism, strikes internal to the company, illness, overvoltage and electric shocks, cooling system and computer hardware failure, communications network blocks and slowdowns, and, in a more general sense, any unforeseeable event beyond the control of Wepopp.

14. Non-disclosure

Wepopp undertakes to keep private any information gathered when creating the User account and/or located in the content of the emails received from the User or their Contacts and through the Calendar(s).

The User is informed that at no time does Wepopp have access under to User’s email inbox.

Wepopp undertakes not to use any data obtained from the User for any purpose other than those of the Service, and notably not to sell this data to third parties for commercial ends, unless said use is required by law or any administrative or judicial authority.

Wepopp undertakes to refrain from soliciting the User’s Contacts in any way other than in connection with the Service.

15. Suspension / Termination

The User acknowledges that Wepopp is entitled to suspend access to the Service or terminate its contractual relations with the User forthwith by email without further formality, in the event of non-compliant or illicit use of the Service or failure by the User to effectively make payment for the Service.

The User may terminate their subscription at any time simply by sending an email to Julie Desk.

Termination of the Service by a Main User automatically terminates the offers to which they had subscribed for Affiliate Users.

The Service is not considered terminated if the User merely disconnects the Calendar(s).

Termination of the Service does not result in reimbursement of the fees paid by the User. Any subscription in progress is owed until it ends.

Once the Service has been terminated, the User undertakes to disconnect their Calendar(s) and possibly redirect the email address julie@monentreprise.com, if they subscribed to this Feature.

16. Private data

Processing of private data has been routinely declared to CNIL under number 1905194.

The User consents, in particular, to the transfer of their private data, for the proper performance of the Service and for non-commercial purposes, outside the European Union.

Pursuant to the French Data Protection and Freedom of Information Act no. 78-17 of 6 January 1978 and its enforcement decrees, the User has the right to access, edit, rectify and delete personal data, and can exercise this right through contact@juliedesk.com.

Depending on the choices made when creating the User account, the User may receive commercial offers from Wepopp. If the User no longer wishes to receive them, they may at any time unsubscribe from these by sending an email to contact@juliedesk.com.

17. Intellectual property

“WEPOPP” and “Julie Desk” are registered trademarks.

Wepopp holds the intellectual property rights to the Service and to the Website, and, in particular those relative to software, ergonomics, layout, artwork, logo and design of the Website.

The User shall refrain from infringing in any way whatsoever the intellectual property rights held by Wepopp.

18. Commercial references

The User authorizes Wepopp to quote their name amongst its commercial references, in particular on its Website.

19. Entire agreement and severability of clauses

These GTU constitute an agreement governing the relations between the User and Wepopp. They override all prior provisions and constitute the entire agreement binding upon Wepopp and the User relative to their subject matter.

If one or more clauses in the GTU are declared null and void pursuant to a law, regulation or subsequent to a final decision of a competent jurisdiction, the other clauses shall retain all their effect and scope, insofar as said decision permits. Furthermore, should either party fail to assert a breach of any provision in this GTU by the other party, this may not be construed as a waiver of the right to take action in future, with respect to such a breach.

20. Publication - hosting

Name of Publishing Director: Nicolas Marlier
Hosted by: Heroku, 650 7th St, San Francisco, CA 94103, dmca@heroku.com

21. Applicable law – Competent jurisdiction

These GTU are exclusively governed by French law.Any dispute as to the validity, construal and performance of these GTU will be submitted to the exclusive competence of the Paris Trade Court, notwithstanding plurality of parties or third party claims.

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