Terms and Conditions
1. General
By downloading or using the app (hereinafter the “Application”), these terms will automatically apply to users (hereinafter the “User”) – the User should make sure therefore that he/she reads them carefully before using the Application.
The Application is provided by Heallo S.A.S.U. (hereinafter, the "Company"), located at 7 rue Keller 75011 Paris, registered in the Trade and Companies Registry under the number 882 911 662, whose VAT number is FR 36882911662 and email address contact@heallo.app.
This Application is used to (i) private communication consisting in sharing a moment of silent and sending signatures between private persons to share drawings of a positive nature and/or (ii) participation in digital public gatherings to share a moment of silence, exchange drawings of a positive nature organised in particular by the Company./ legal entities / not-for-profit organisations. These terms of use (hereinafter the “Terms”) regulate user’s (hereinafter the “User”) use of the Application.
These Terms apply when the User downloads the App on either Google Play or on App Store. If any terms apply solely to Apple or Google, it will be specified in applicable parts.
In order to use the Application the User needs to accept these Terms. The User is shown and accepts the Terms when downloading and using the Application for the first time. The User can also access the Terms inside the Application.
In order to accept these Terms and use the Application, the User must acknowledge that you have the necessary legal competence, e.g. legal age. If the User does not have such necessary legal competence, the User confirms that he/she has received parent’s or legal guardian’s permission to use the Application and that parent or legal guardian hereby agree to these Terms on his/her behalf.
By accepting these Terms, the User undertakes to comply with them for the duration of the use of the Application and that information provided through the Application is correct, honest and up-to-date.
The User acknowledges that the Terms are concluded between the Company and the User, and not with Google nor Apple. The Company, not Google nor Apple, is solely responsible for the Application and the content thereof.
To download and use the App is free of charge. These Terms enters into effect when the User installs and uses the Application for the first time. These Terms will remain in force until the User uninstalls the Application.
2. Use of the Application
Subject to these Terms, the Company grants to the User a worldwide, non-exclusive and non-transferable right to perform, display and use the Application on a device the User owns and controls without any time limitations.
The User can make use of several features and information in the Application, including but not limited to:
- Communicating directly and privately with any contact part of the User’s contact list who has created a profile on the Application provided that the User has allowed the Company to access its contact list
- Sending a private invitation to download the Application to any contact part of the User’s contact list who has no profile on the Application provided that the User has allowed the Company to access its contact list
- Sending a drawing or badge at the end of each private communication done on the Application
- Sending a drawing or badge at the end of some of the digital public gathering
- Making a donation to a charity / Not-for-profit organization after sending a drawing or a badge to some digital public gathering
3. User requirements
The User is not allowed to copy (except backup copy), decompile (subject to the exceptions provided by European law concerning decompilation for interoperability and/or bug fixes when necessary or as permitted by laws), disassemble, reverse engineer, or otherwise attempt to reconstruct or discover the construction of the Application, adapt or modify the Application or the Company’s trademarks.
The User is not allowed to attempt to extract the source code of the Application, and the User also shouldn’t try to translate the Application into other languages, or make derivative versions.
The User is responsible for not using the Application in any way that is illegal or causes damage or inconvenience to others.
4. Intellectual property
The Application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it are and will always remain the sole and exclusive property of the Company.
The User has no right, title or interest in or to the Application or the intellectual property associated therewith, except as expressly set forth in these Terms. Content in the Application may not be used to a greater extent than is necessary for the User to use the Application under these Terms and in the intended manner.
The User receives no rights and agrees not to:
i. copy, sub-license, reverse engineer, lease, rent or assign the Application or any content, material or data included therein, with exception of the User’s own data or other processed data that have been collected, processed or exported by the User as result of the User’s use of the Application;
ii. distribute in whole or in part, modify, or create derivatives of the Application or any content, material or data included therein; or
iii. disclose the results of any benchmark or other performance test run on the Application to any third party without the Company’s prior written consent.
In the event of any third party claim that the Application or the User’s possession and use of the Application infringes third party’s intellectual property rights, the Company will be solely responsible for the investigation, defence, settlement and discharge of such claim.
5. Express authorizations
By downloading and using the Application, the User:
- expressly authorises the Company to store the User’s signatures and drawings that he/she may have been made and/or made accessible through the Application;
- expressly authorises the Company to represent and disclose in an anonymous manner the User’s signatures and drawings sent by him/her to the Company in the context of his/her participation in a public gathering or event on the Application or via a URL link transmitted by the Company for this purpose.
6. Personal data
The Company collects and processes personal data that the User has provided, in order to provide Service and make the Application available. This is the User’s responsibility to keep his/her phone and access to the Application secure. Information regarding the Company’s processing of personal data can be found in the Company’s privacy policy.
7. Warranty and liability
Although it is the Company’s ambition, it cannot guarantee that the Application is provided without technical disruptions. The Company may therefore have to restrict the access to the Application due to for example service, support, safety or technical reasons.
If there is any problem with the Application or if the User is dissatisfied in any way, the Company should be contacted as soon as possible. Contact details are stated in Section 2, the Company will always try to find a solution to the problem as soon as possible.
The User is fully responsible for protecting its technical equipment against unauthorized use, including using appropriate anti-virus software and firewall. "The User should be aware that there are certain things that the Company will not take responsibility for. Certain functions of the app will require the Application to have an active internet connection. The connection can be Wi-Fi, or provided by the User’s mobile network provider, but the Company cannot take responsibility for the Application not working at full functionality if the User does not have access to Wi-Fi or a mobile network if the User does not have any of your data allowance left.
"If the User is using the Application outside of an area with Wi-Fi, the User should remember that the terms of the agreement executed with the User’s mobile network provider will still apply. As a result, the User may be charged by the User’s mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third party charges. In using the Application, the User is accepting responsibility for any such charges, including roaming data charges if he/she uses the Application outside of his/her home territory (i.e. region or country) without turning off data roaming. If the User is not the bill payer for the device on which the User is using the Application, please be aware that the Company assumes that the User has received permission from the bill payer for using the Application.
Along the same lines, the Company cannot always be liable for the way the User uses the Application i.e. the User needs to make sure that his/her device stays charged – if it runs out of battery and the User cannot turn it on to avail the Service, the Company cannot accept responsibility.
The Company does not promise that it will always update the Application so that it is relevant to the User and/or works with the Android & iOS version that the User has installed on his/her device. However, the Company hopes that the User will accept updates to the application when offered to him/her.
At all events, the Company’s liability is as limited as permitted by applicable law or mandatory consumer protection law in the User’s country of residence where the Company markets the Application.
8. Changes to these Terms
The Company may update the Terms from time to time. Thus, the User is advised to review this page periodically for any changes. The Company will notify the User of any changes by posting the new Terms on this page and notifying the User by a pop-up on the Application from the User's first connection to the Application after the entry into force of the new version of the Terms.
These Terms are effective as of 2022-10-01.
9. Dispute
These Terms shall be governed by French law. In the event of a dispute relating to the validation, interpretation, performance or termination of the Terms, the courts of Paris shall have exclusive jurisdiction.
10. Contact Us
If the User has any questions or suggestions about the Terms, please contact the Company at contact@heallo.app.
Last update: October 26th, 2022
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Legal notices
The website, accessible from the address https://www.heallo.app is operated by HEALLO, a simplified joint stock company with a single shareholder and capital of 2014 Euros, registered in the Paris Trade and Companies Register under number 882 911 662, with an intra-community VAT number FR36882911662, and whose registered office is located at 7 rue Keller 75011 Paris. Email: contact@heallo.app
The publication director of the website is Romain Daumont in his capacity of Administrator.
The website is hosted by the company Vercel which office is registered office is located at Walnut, CA 91789 USA.