Effective as of 02/01/2023

The purpose of these general conditions of use (known as “CGU”) is to provide a legal framework for the terms of provision of the Waouh Screen solution made available by the company my-numeric and to define the conditions of access and use of the services by the “User”.

These CGU are accessible on the Waouh Manager application in its “CGU” section. Any registration or use of these applications implies acceptance without any reservation or restriction of these general conditions of use by the user. When registering on the Waouh Manager application, via the Registration Form, each user expressly accepts these CGU by checking the box preceding the following text: “I acknowledge having read and understood the T&Cs and I accept them”. In the event of non-acceptance of the CGU stipulated in this contract, the User must renounce access to the services offered. My-numeric reserves the right to modify the content of these CGU unilaterally and at any time.

ARTICLE 1. LEGAL NOTICE

The edition of the Waouh Screen solution is provided by the Company My-numeric EI, registered with the RCS of September 15, 2022 under number 919 327 353, whose head office is located in Narbonne Aude

e-mail : contact@my-numeric.com.

The Publication Director is: J DAPOT

ARTICLE 2. DEFINITIONS

• Company: Refers to the My-numeric Company, publisher of the solution,
• Solution: Refers to all the application and hosting components necessary for the User to obtain all of the services offered for sale by the Company,
• User: Any capable natural person, major or minor, with the agreement of their legal guardians,
• License: monthly offer (1 month), tacitly renewable, including inseparably all the services necessary for publication on a broadcast screen.
• User Account: Prior registration formality for the creation of a dedicated and personal account necessary for the User in order to access the content of the Applications.

ARTICLE 3. COMPOSITION OF THE SOLUTION AND ASSOCIATED SERVICES

the Waouh Screen solution is made up of two applications and a hosted system giving access to the following services:

Wow Manager: Creation / Editing of scenes and Creation / Editing / Publication of scenarios,

Wow Screen: Dissemination of scenarios,

Accommodation: Storage of data necessary for the provision of subscribed services (scenes, scenario, user organization, etc.)

The Waouh Screen solution is accessible anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, smartphone Internet connection, Wifi, etc.) are their responsibility.

The User must have a license per broadcast screen to publish on them. To do this, he must contact . By agreeing to register for the reserved services,

the Member User undertakes to provide sincere and accurate information concerning his or her, in particular his or her email address. Any regularly registered Member User may also request unsubscription by going to the dedicated section in their personal space. This will be effective within a reasonable time.

Any event due to force majeure resulting in a malfunction of the solution and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the applications and its publisher. In these cases, the User therefore agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.

The User has the option of contacting the publisher by email at the publisher’s email address provided in ARTICLE 1. Likewise, the publisher, if he decides to do so at any time and without notice or justification, will terminate the services without the user being able to hold it against him.

ARTICLE 4. GENERAL WARNINGS AND LIMITATION OF LIABILITY

The Company provides the Service “as is” and “as available”. The Company makes every effort to allow the User access to the Applications 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.

The Company makes no warranty :

That the Service or any program is suitable for you;

That the Service will meet your personal requirements;

That the Service will be uninterrupted or error-free, including during maintenance.

The Company reserves the right to modify the Service. The Company shall not be liable for the loss or corruption of your personal profile, information and other data.

The Company hereby waives all claims concerning damage to your mobile device.

The Company reserves the right to modify these CGUV as well as the editorial content and rates, at any time and without prior notice, according to its evolution and its services, as well as the evolution of the legislation in force. Use of the Site and Applications, platforms, systems and any other functionality offered by the Company is always subject to the most recent version of the CGUV available.
To the extent that a disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied and statutory warranties shall be limited in duration to a period of thirty (30) days after the date on which you first use the Service, and no warranty shall apply after that period.
The Site and Applications warn the User of the need for a secure Internet connection, enabling access to content from the medium of their choice (tablet, cell phone, TV).
Equipment used to access the Site and Applications is the sole responsibility of the User, as are any connection charges incurred by use.

The Company is not considered responsible in the event of misinterpretation or use of Content and information delivered through the Applications.

ARTICLE 4. WHO CAN USE THE SERVICE

By using the Applications, and in particular by subscribing for a License, the User acknowledges that he/she is of sound mind, of legal age or a minor, and that he/she has obtained the consent of his/her legal guardians. The User hereby acknowledges that he/she has the capacity to enter into a contract and that he/she is not subject to any legal protection for adults. Parents and guardians are responsible for monitoring and supervising their child’s use of the Service. If your child uses the Service without your express consent, please contact us immediately so that we can deactivate his/her access. If you have any questions about the Service, please contact us at contact@my-numeric.com,
My-numeric cannot be held responsible for the registration of a User who does not comply with its instructions.

ARTICLE 5. PURPOSE AND CONDITIONS OF USE OF THE APPLICATIONS

5.1 Objects :

The Waouh Manager Application can be downloaded from the “Apple Store” and “Google Play Store” platforms.

Waouh Manager provides the User with a digital service enabling access to a complete system for managing the User’s organization and user-generated content.
The Application is accessible free of charge to Users with a telephone, compatible mobile terminal, computer and Internet access, subject to the addition of broadcast screens accessible only to licensed Users.

The Waouh Screen Application can be downloaded from the Google Play Store.

Waouh Screen offers the User a digital service enabling the display of content produced in Waouh Manager.
The Application is accessible free of charge to Users with a telephone, mobile terminal or other compatible device and access to the Internet.

5.2 Waouh Screen Application registration

To create an Account, the User must first register, free of charge, by providing certain mandatory information, namely: name, e-mail address and password. The User receives an e-mail confirming the creation of his/her Account. The User must fill in both mandatory and optional fields. The User undertakes to provide accurate and truthful information. In the event of modification of the information provided, the User undertakes to modify the data recorded on his account.

The User is solely responsible for the management and confidentiality of his/her means of authentication (e-mail and password), which are personal and confidential. The User alone shall bear the consequences of the loss, disclosure or fraudulent or illicit use of the means of authentication. He/she undertakes to modify said means of authentication as soon as possible. The Company shall not be held liable under any circumstances.

5.3 Unsubscribing

The User may unsubscribe from the Solution at any time.
‍
Unsubscription is effective as soon as his request is processed by the Company.
‍
The User acknowledges that unsubscribing from the Solution entails the deletion of all of his/her data from the Applications, with the exception of data that must be retained by virtue of a legal retention obligation or for evidentiary purposes.
‍
The User may, however, create a new account at any time by repeating the registration procedure on the Waouh Screen Application.

ARTICLE 7. SUBSCRIPTION

THE USER DECLARES THAT HE/SHE HAS READ THESE CGUV IN THEIR ENTIRETY AND FULLY AND UNRESERVEDLY ACCEPTS THE OBLIGATIONS INCUMBENT UPON HIM/HER. USE OF THE APPLICATIONS AND SUBSCRIPTION IMPLIES UNRESERVED ACCEPTANCE OF THE CGUV.
Any creation of a Subscriber Account or validation of a Subscription implies the User’s unreserved acceptance of the CGUV in force on the date of the order, which will be preserved and reproduced by My Numéric in accordance with the provisions of Article 1127-2 of the French Civil Code.

7.1 Duration

The user acquires license(s) for a minimum period of 1 month, renewable by tacit agreement.

7.2 Proof of subscription

Computerized registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of communications, subscriptions and payments between the parties.

It is expressly agreed that, in the absence of proof to the contrary, the data recorded in the Company’s computer system constitutes proof of all transactions concluded with the User.

ARTICLE 8.
PRICES AND PAYMENT TERMS

8.1 Prices

The cost of licenses is indicated in Euros, inclusive of all taxes. Consequently, exchange charges may be applied by the User’s bank in the event of payment in a foreign currency.
Payment is made at the time of subscription, by credit card (CB, Visa, MasterCard, American Express) via the secure Stripe payment platform, on which the User directly enters his/her bank details, via Paypal, iTunes or Google Play. Under no circumstances will My Numéric have access to the User’s bank details.

The Company reserves the right to modify these GCUV, as well as the editorial content and rates, at any time and without notice, depending on its development and services, as well as changes in current legislation. Use of the Site and Applications, platforms, systems and any other functionality offered by the Company is always subject to the most recent version of the CGUV available.

In the event of non-acceptance of the new rates, the User reserves the right to refuse the modification by cancelling his Subscription before the rate modification takes effect.

8.2 Payment incident

In the event of total or partial non-payment of a single instalment by the agreed date, access to the programs and all content will be suspended until the situation has been rectified. The Company will immediately inform the User of the suspension of access to programs and content, giving him a period of one (1) month to rectify the situation. If the situation is not rectified within this period, the Subscription will be automatically terminated by the Company, notwithstanding the latter’s right to claim damages for non-payment of the price.
The User will no longer be able to access his/her Subscriber Account in the event of an unresolved payment incident.
It is the User’s responsibility to update his bank details in good time, and to inform the Company of this, as well as of any payment incident. Failure to update bank details (particularly in the event of a change of credit card) may result in the User’s account being suspended until valid details are updated.

ARTICLE 9. RIGHT TO RETRACT

In principle, in the event of subscribing to a Subscription remotely, the User has a right of withdrawal in application of articles L. 221-1 et seq. of the Consumer Code which can be exercised within fourteen ( 14) days from the subscription of the offer or formula unless the latter has triggered the immediate provision of the service. The date of acceptance of the offer corresponds to the date of subscription of the Subscription at the time of payment. From subscribing to the offer or package, the User will have a period of fourteen (14) days to exercise their right of withdrawal on the Subscription taken out and not triggered by writing to the address contact@ my-numeric.com. Subject to compliance with the conditions stipulated above for exercising the right of withdrawal, the user will be fully reimbursed for the sums paid by him within 14 days from receipt by the Company of the request.

ARTICLE 10. TERMINATION

Subscriptions will remain in force and will be tacitly renewed on their anniversary date, until terminated by the User or the Company.

10.1 Termination by the User

The User is free to terminate his/her Account at any time by sending a request to the Company by email to the following address: contact@waouhscreen.com or by accessing the dedicated page from the Waouh Manager Application.‍ Termination will be effective from the end of the current billing period. Services subscribed to under this Subscription remain accessible until this date.‍ For Licenses, no refund will be granted in the event of account termination during a billing period. Any billing period started is due in full.

10.2 Termination by the Company

The Company reserves the right to terminate an Account and/or close a License at any time in the event of fraudulent or illicit use of a User’s means of authentication (user and/or password), in the event of breach of the present CGUV, as well as in the event of non-payment of one of the monthly installments, in the event provided for in article 8.2.
In this case, the User acknowledges that he has been informed that the License will be terminated by the Company, without the User being able to claim any compensation or reimbursement for the subscription period remaining on the date of termination.

ARTICLE 11. OBLIGATIONS OF THE PARTIES

11.1 User obligations

It is strictly forbidden to perform or assist a third party to perform any or all of the following actions:
Copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Site and Applications, including its services and content in any way, or create derivative works therefrom; Use all or part of the Site and Applications, services or their content to create a tool or software that can be used to create software applications of any kind whatsoever; Make available to the public in any way whatsoever (transfer, rental, loan, distribution, reproduction, etc.. Alter all or part of the Site/Applications, the services or their content or circumvent any technology used by Waouh Screen or its licensors to protect all content accessible through the Site and its services; Bypass the security measures of the Site / Applications and access any unauthorized portion or functionality of the Site / Applications and services; Bypass any territorial restrictions applied to the Site / Applications and services; or generally Use the services in a manner that violates this license agreement or the other Terms,

11.2 Company obligations

The Company undertakes to provide the User with access to its Applications in accordance with the terms and conditions defined in these GCU and, where applicable, in accordance with the characteristics of the License(s) to which the User has subscribed.‍
The Company further undertakes to use all means at its disposal to secure access to and use of the Applications, and the User’s personal data.

The User is hereby informed that the Company may temporarily interrupt access to the Applications for technical reasons, and in particular for maintenance purposes. The User expressly accepts such interruptions and waives any claim in this respect, whatever the circumstances of the said interruption.

ARTICLE 12. INTELLECTUAL PROPERTY

The company names, trademarks and distinctive signs reproduced on the Site and/or Applications are protected under trademark and copyright law, and are the exclusive property of Société My-Numéric. The Site, the Applications and all their elements, i.e. texts, comments, works, illustrations, works, images, photographs, videos and all other graphic or visual elements reproduced or represented on the Site and/or the Applications are strictly reserved under copyright and intellectual property law for the entire world. Any reproduction or representation, in whole or in part, of the Site, the Applications and their contents, including videos, and all other graphic or visual elements or all or part of the elements found directly on the Site and/or the Applications or indirectly linked to the Site or the Applications is strictly prohibited. It is strictly forbidden for the User to access and/or use the source codes of the Applications and/or the software components of the Applications.

ARTICLE 13. PERSONAL DATA

The Company My Numéric, which operates the Site and the Applications, is responsible for processing within the meaning of the Regulations in force (including Regulation (EU) No. 2016/679 on the protection of personal data applicable from May 25, 2018, Law No. 78-17 of January 6, 1978 known as the Data Protection Act as amended, and any regulations supplementing, amending or replacing them).

13.1 Data collection

When the User account is created, the data collected is limited to the Name and email address as well as the name of the company. Where applicable, payment details are also requested.

Location data may also be collected for the website or Waouh Screen.

The purpose of the personal data collected from Users is to provide services linked to the Applications, to improve them and to maintain a secure environment. The uses are as follows:

Access to and use of the Applications by the User and related services
Management of the operation, optimization and improvement of the Applications, website and platform
Organization of the conditions of use of payment services
Verification, identification and authentication of data transmitted by the User
Implementation of User assistance
Prevention and detection of fraud, malware and management of security incidents; management of any disputes with Users
Sending commercial and advertising information, according to User preferences

13.2 Data transfer

Personal data remains within the EU or the EEA. It is stored on Stripe and Google servers. Information on data transfers and Stripe’s and Google’s personal data policies can be accessed directly from their websites.

Personal data collected and processed by My-numéric may be transmitted to business partners, technical partners, suppliers and independent third parties who contribute to My-numéric’s contractual relations.

13.3 Rights to personal data

The User has the following rights, free of charge:

• Obtain access to and rectify his/her Personal Data (before exercising this right, the Company may request proof of the User’s identity in order to verify its accuracy).
• Delete his or her data by logging into his or her account in the Settings section
• Delete their account by accessing their profile on the Waouh Manager Application
• Delete their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@waouhscreen.com

The User has a right to data portability, in order to obtain a copy of the data held by My-Numéric.

The platform reserves the right to modify this clause on the protection of personal data at any time. If a modification is made to the present clause, the platform undertakes to publish the new version on its Applications. It will also inform the User of the modification by e-mail, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he/she may delete his/her account and unsubscribe from the services offered by Waouh Screen.

ARTICLE 14 APPLICABLE RIGHT

These Conditions are subject to French law. Subject to the applicable mandatory legal provisions, the French courts will have exclusive jurisdiction to hear any dispute linked to the interpretation, applications and execution of these Conditions, as well as any dispute linked to the use of the platform.