TERMS OF USE

Preamble

DISCLAIMER

THE USER MUST READ THESE GENERAL CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ENOVAP.

THESE GENERAL CONDITIONS OF USE DEFINE THE CONDITIONS AND LEGAL OBLIGATIONS THAT THE COMPANY UNDERTAKES TO COMPLY WITH WHEN PROVIDING ITS SERVICES TO THE USER ON THE WEBSITE WWW.ENOVAP.COM AND THE MOBILE APPLICATION.

ANY USE AND/OR RECOURSE OF SERVICES RENDERED BY THE COMPANY, ENOVAP SAS, TO USERS IMPLIES UNRESERVED ACCEPTANCE OF THESE GENERAL CONDITIONS OF USE. THE MERE FACT OF USING SAID SERVICES IMPLIES OUTRIGHT ACCEPTANCE OF THESE GENERAL CONDITIONS OF USE; WHICH THE USER OF THE WEBSITE EXPRESSLY DECLARES AND ACKNOWLEDGES.

THE USE OF ENOVAP SERVICES IS EXCLUSIVELY RESERVED FOR ADULTS WHO ARE ABLE TO SIGN CONTRACTS UNDER FRENCH LAW.

ENOVAP, a simplified joint-stock company with a capital of 18,622.00 euros, whose head office is located Technopole de l’Aube, 2 rue Gustave Eiffel 10430 ROSIERES PRES TROYES, registered with the Trade and Companies Register of Troyes under the number 814 824 074 (hereinafter “ENOVAP” or the “Company”), operates a mobile application available on iOS and Android, intended to provide its users with support in stopping smoking and nicotine addiction, this application being connected to a double-tank electronic cigarette allowing vapers to better manage their daily consumption of nicotine as well as the website accessible at the address, enovap.com (hereinafter together referred to as the “Application”).

1. DEFINITIONS

ENOVAP Cigarette means the electronic cigarette connected to the Application, and marketed by ENOVAP, in particular on the ENOVAP website accessible at the URL https://www.enovap.com/.
Personal account means the account available to any User to access the Application, including all personal data relating to the User, including his name, surname, e-mail address, password, gender and condition (woman , pregnant woman or man), whether or not they consume cigarettes, which are necessary to access the Application Services.
Login IDs are the e-mail address and password of the User entered by the User at the time of registration and which are requested when accessing his / her Personal Account.
Registration means the online registration process that the User must perform on the Application in order to access the Services. The User proceeds to this registration in accordance with the provisions of article 4.2 hereof.
Services means all services offered to the User of the Application, and defined in Article 5 hereof.
User means any person registered on the Application.

2. Objet

2.1 Access to the site and the application remains free and may, if necessary, require the creation of an account under the conditions of article 5.2 hereof. These terms and conditions of use (hereinafter the “Terms”) apply between ENOVAP and anyone who can access the Application. They are intended to (i) define the conditions under which Users may access the Application and (ii) govern the rights and obligations of Users in connection with the use of the Application and the various Services and functionalities provided to Users.

2.2 The User agrees, at each of his visits to the Application, to respect these Terms applicable to all elements of the Application. Accordingly, the User accepts, without reservation, these Terms in their entirety before using the Application.

2.3 When creating his Personal Account on the Application, the acceptance of the User of the Terms is materialized by means of a check box. In any case, the mere fact that the User has access to the Application implies unreserved acceptance by the latter of these Terms.

3. Verification of the adequacy of service needs

The User of the Application hereby declares that, prior to browsing the application and using its services, they have verified that the services are suitable for their needs.

He therefore declares and guarantees that he has received, from ENOVAP, all of the information and advice needed to subscribe to these T & Cs and that he therefore waives all disputes on this point.

The user further declares that he has the necessary knowledge, skills and resources, in particular, human and technical, required for the use of services of the application.

4. Modification of the Terms

ENOVAP reserves the right to modify these Terms and Conditions at any time, without notice and without prior notice, in particular to take into account any legal, jurisprudential, editorial and / or technical developments. ENOVAP will inform the User by any written means.

At the time of connection to the Application, the User must accept the new version of the Terms of Use through a checkbox. The version of the Terms that prevails is the latest version available on the Application. If the User does not accept the Terms or their subsequent modifications, access to the Application and to his Personal Account may be blocked.

In any case, the new Terms will apply immediately to the User. The fact for the User to continue to use the Application after the information of the modification of the Terms entails the acceptance of the modifications of the latter by the User. As a result, the User is advised to regularly refer to the latest version of the Terms available at the following address: https://www.enovap.com/en/terms-of-use-mobile-applications.

5. Access to the Application

5.1. Prerequisites

5.1.1. The Mobile App is available on the download platforms of Apple and Google, under the name “Enovap Connect”.

It can be downloaded for free from Apple’s Apple Store and Google’s Play Store, iPhones running iOS version 11.0 or higher, or Android Smartphones running Android OS 6.0 or higher.

The App Enovap Connect available on the Apple Store is a browser to interact with the native features of the device of the user, including the Bluetooth of the iPhone. Once the Application has been downloaded, the User must go to the URL http://www.app.enovap.com to access the Application.

The use of the Application naturally implies the acquisition by the User of the ENOVAP Electronic Cigarette, on the ENOVAP online store, accessible at the following URL https://www.enovap.com/en/shop.

5.1.2. The equipment, supports, and material means allowing access to the Application, their updates, proper operation and maintenance are the sole responsibility of the User. The latter also bears the costs of telecommunication incurred to access and view the Application (including the cost of the Internet service provider).

5.1.3. ENOVAP grants the User the right to consult and access the information and contents accessible on the Application.

In this respect, the User agrees in particular to:

check that the system used contains no viruses and is in perfect working order ;
not to put in place systems likely or likely to pirate the Application in whole or in part, or likely to violate these Terms ;
inform ENOVAP as soon as it becomes aware of “piracy” and in particular any illegal, fraudulent or non-contractual use of the Application and / or its components, regardless of the method of dissemination used.

5.1.4. The User accepts without condition or reservation that the use of the Application is done under its sole responsibility.

5.1.5. The User uses the Application and the Services for personal, private and non-professional purposes.

5.2. Registration

5.2.1. To register on the Application, the User creates his Personal Account by providing information on the dedicated interface including his name(s), first name(s), email address, password, gender / condition (woman, pregnant woman, man), cigarette consumption or not.

Once this information is completed, the User receives an email from ENOVAP containing a confirmation code that the User must fill in the dedicated interface to validate his Registration and the creation of his Personal Account.

Once the confirmation code has been entered by the User, ENOVAP sends him a second email, inviting him to access a URL link in order to activate his Personal Account and thus be able to connect to the Application.

5.2.2. The User must provide accurate, lawful and fair information to ENOVAP, which does not in principle control or verify the veracity and accuracy of the information provided by the User.

When the User makes his Registration through the Facebook platform, the latter undertakes to verify the authenticity of its information on this platform prior to its Registration on the Application.

5.2.3. ENOVAP reserves the right to refuse any Registration that is incomplete or does not comply with the terms and conditions set forth herein.

5.2.4. Registration on the Application, and the resulting access to the Services, is prohibited to minors and persons who do not have the capacity to contract, or who do not have the authorization of a guardian or of a curator.

The User who does not have the capacity, nor the legal age required, must access and use the Application through his legal representative or any authorized person (guardian, curator, etc.).

5.2.5. The Personal Account of the User may be suspended and / or deleted by ENOVAP in the cases and conditions referred to herein.

5.3. Log in

5.3.1. Once his Registration finalized and taken into account by ENOVAP according to the modalities defined in the article 4.2 above, the User can connect to his Personal Account, by informing on the interface of connection of the Application his Identifiers of Connect.

The login credentials of the User are strictly personal and can not, under pain of seeing the Personal Account suspended or deleted by ENOVAP, in any case be communicated or exploited by a third party.

In the event of the loss of all or part of its Login Identifiers, the User is invited to inform ENOVAP without delay by email to the following address [email protected]. In this case, the User will receive the steps to follow in order to find his or her Login ID(s) lost.

In the event of theft by a third party of one of his Login Credentials, the User undertakes to inform ENOVAP without delay by email to the following address [email protected], stating the data stolen or lost. Abuse of this signaling ability may result in the liability of the person who abuses it or the suspension and / or deletion of the User’s Personal Account.

5.3.2. By logging into his Personal Account, the User can access his profile in particular to complete all or part of his information (for example, whether he still consumes cigarettes or not). The User can also, by sending an email to the following address [email protected], send a message to ENOVAP to notify a technical bug or suggest the integration of an additional feature in future versions. Notwithstanding the foregoing, the User agrees not to send to ENOVAP any unsolicited messages (commercial, promotional, etc.), unsolicited emails, or that do not directly concern his use of the Application, and to abuse this faculty of reporting.

5.3.3. The User can disconnect his Personal Account by clicking on the “Disconnect” button accessible on his profile.

5.4. Synchronization

In order to connect the ENOVAP Cigarette to the Application, the User must connect in Bluetooth with the Application on his device. Once Bluetooth is activated, the Application detects nearby ENOVAP Cigarettes and displays them on the User’s device. The User then selects his ENOVAP Cigarette, so that the synchronization takes place.

6. Services

6.1. ENOVAP offers the user a solution to accompany him in his quit smoking and nicotine addiction.

By accessing his Personal Account, the User may benefit from the following Services provided by ENOVAP:

(i) Assistance in the management of its nicotine consumption, thanks to the following two modes of use:

A first “instant” mode of use, which allows the user to adjust his nicotine concentration himself, directly on his ENOVAP Cigarette, in order to satisfy his immediate needs. In this case, the Application allows the User to track his nicotine consumption over time.
A second “automatic” mode of use which, when activated by the User, allows an automatic and personalized reduction of his nicotine consumption. Indeed, thanks to the Application, the ENOVAP Cigarette anticipates the nicotine needs of the User, and gradually decreases its nicotine intake.

(ii) Regular monitoring of his tobacco consumption, thanks to the “My cigarettes” section of the Application allowing the User to list and track over time his smoking dates, the number of cigarettes consumed, his moods at the time of his smoking, etc.

(iii) A follow-up of his use of the ENOVAP Cigarette, thanks to the possibility to visualize on a graph his number of puffs, his concentration of nicotine, etc. over a given period (day, week, month or hour).

6.2. Apart from the Services detailed above, ENOVAP does not provide any information, support or advice to the User, which the latter expressly recognizes.

6.3. The Services may evolve as new versions of the Application develop that ENVOVAP, without the need for the User to be informed, or that he must accept these changes.

7. Availability of the Application

7.1. ENOVAP is committed to making its best efforts to secure access, consultation and use of the Application. The latter is accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of ENOVAP, and in any event subject to possible breakdowns, malfunctions and maintenance operations. corrective, scalable or preventative necessary for the proper functioning and evolution of the Application.

Maintenance interventions may be performed without prior notice to Users.

ENOVAP reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration or structure of the Application, such as the right to delete, limit or suspend it. prohibit access, temporarily or permanently, to any User. It can not be held liable in this respect.

ENOVAP reserves the right to remove or modify any information, data, content or other element present on the Application, regardless of its source, including those found to be in violation of any applicable law or regulation.

7.2. The User declares to accept that:

– The Application is accessible to him “in state” and according to his availability ;
– Its use of the Application is at your own risk ;
– The protection of his own data, hardware and / or software is his responsibility and it is his responsibility to take all appropriate measures to protect them from possible viruses likely to circulate on the Application.

8. Obligation of the User

8.1. The User agrees to comply with the laws and regulations in force in connection with the use of the Application.

The User can not in any case introduce on the Application or from the Application, obscene, pornographic, defamatory, abusive, intrusive to privacy or image rights, threatening, harassing, illegal or others, which may constitute criminal misconduct, or engage the civil liability of ENOVAP.

The User is also prohibited from using the Application or all or part of the Services for unauthorized, fraudulent, illegal or unlawful purposes.

In any case, ENOVAP will not be responsible in the case where the Application or the Services are used in another setting or for a purpose other than those agreed and agreed under these Terms.

Behavior that may interrupt, suspend, slow down or prevent the continuity of the Services, as well as any intrusions or attempts to intrude into ENOVAP’s systems are also prohibited. In addition, the User may not divert all or part of the application system, jeopardize the security measures, rights and interests of any kind of ENOVAP and third parties.

By using the Application, the User acknowledges that he has only a right of use for his account.

He expressly refrains from:

use in the context of the Services any element or content that would infringe the intellectual and industrial property rights, the right to privacy and / or the right to the image and / or any other right of a third party;
create, use, share and / or publish by any means within the framework of the Services, any element that would incite to commit an illegal activity;
carry out activities aimed at accessing elements or functionalities of the Services or the Application whose use has not been authorized by ENOVAP;
modify, distort, block, abnormally increase, disrupt, slow down, and / or hinder the normal operation of all or part of the Services or the Application, or their accessibility to third parties;
to introduce or extract data from ENOVAP servers and / or servers from its service providers and partners;
transmit or spread any virus, adware or malware, trojan, worm, bomb, corrupted file and / or device of similar destruction or corrupted data within the framework of the Services, and / or organize, participate or be involved in any way whether in an attack on ENOVAP’s servers and / or the Services and / or the servers and / or services of its service providers and partners.

8.2. In general, the User has an obligation to act in good faith and with respect and loyalty in his relations with ENOVAP. The User is prohibited from doing so to commit any act likely to harm the image of ENOVAP or to harm it in any way whatsoever.

8.3. Upon registration and as part of its use of the Application and Services, the User undertakes to provide true, accurate, up-to-date and complete information, including, without this list being exhaustive, about his identity. , his physical condition, his coordinates, his cigarette consumption, etc. The User undertakes to immediately update the data he has communicated on the Application in the event of modification. ENOVAP can not be held responsible for the consequences that may result from a lack of knowledge by the User of its obligations under this clause, or the poor quality of the Services that may result.

For all intents and purposes, the User is reminded that Article 226-4-1 of the Penal Code punishes with one year imprisonment and 15,000 € fine the fact of usurping the identity of a third party or to use one or more data of any kind to identify it in order to disturb his peace or that of others, or to infringe his honor or his consideration.

The User who finds one or more facts constituting the crime of impersonation on the Application must immediately inform ENOVAP by email to the following address [email protected].

Any impersonation, theft, loss, misappropriation or unauthorized use of the Login Identifiers and / or the Personal Account of a User and their consequences are the sole responsibility of this User unless it results from an attributable fault. at ENOVAP.

8.4. ENOVAP reserves the right to sue before the competent judicial authorities any use of the Application or Services that does not comply with these Terms or any applicable law or regulation.

8.5. The User acknowledges that his access to the Application and the Services may be conditioned by certain technical requirements. Thus, the User must in particular have a broadband internet connection, computer tools including an operating system supporting the features of the Application, and / or a recent browser. Failing that, any operational difficulties of the Application that may exist can not engage in any way whatsoever the responsibility of ENOVAP.

8.6. In case of non-compliance by the User with its legal, regulatory or resulting from these Terms, ENOVAP reserves the right at any time, and without delay, the right to suspend or close the Personal Account of the User. In this case, the access by the User to his Personal Account and to the Application will be deactivated, without the need for ENOVAP to motivate his decision or to inform the User. The User acknowledges that the responsibility of ENOVAP will in no case be engaged in this respect.

9. Liability

9.1. Generally, Enovap does not provide medical advice through services or the application. As such, the application does not in any way constitute a medical device.

The use of the services or the application cannot, in any way, replace a professional medical opinion established in consideration of the personal situation of the user.

Any advice, recommendations or other information provided through the services or the application is intended for general information purposes only.

The responsibility of ENOVAP towards the User or third parties can not in any way be implicated as a result of his / her use of tobacco, cigarettes, or nicotine by the User.

The Services provided by ENOVAP through the Application are simply intended to assist the User in regulating his nicotine consumption. Thus, under no circumstances can ENOVAP be held liable for the absence of an effective stop or reduction by the User of his nicotine consumption, or in the event of damage to his health or health. from third parties that may result from tobacco consumption, directly or indirectly, which the User expressly acknowledges and accepts.

Moreover, it can not result from the Services provided by ENOVAP to accompany the User in the regulation of his consumption of tobacco, cigarette or nicotine, any obligation of result.

In any case, it is understood that the responsibility of ENOVAP can not in any way be implicated by the User or any third party whatsoever, for the use that the User could make or have ENOVAP Cigarette, or the consequences that could result to its health or that of third parties.

9.2. ENOVAP can not be held liable for any direct or indirect damage resulting from the use of the Application or the impossibility to access or use the Application Services.

ENOVAP does not grant any guarantee to the Users of the Application as to the quality or the availability of the Application, in particular in case of interruption of connection, of bugs, anomalies of breakdowns of servers, technical problem, connection Internet difficult or impossible, etc.

9.3. ENOVAP can give no guarantee of reliability, completeness, completeness, exact conformity and timeliness with regard to all the data, messages, documentation, articles, and other contents present on the Application and provided to the user. ‘User, whether provided by ENOVAP itself or by its partners. As a result, all messages, documentation, articles, and other content appearing on the Application are for informational or indicative purposes only. The responsibility of ENOVAP will in no case be sought because of the incomplete, inaccurate, equivocal, doubtful or inaccurate nature of such data, content, or information.

9.4. ENOVAP can not be held responsible for the presence of viruses that may affect the Application or its use.

9.5. ENOVAP can not be held responsible for any incompatibility, malfunction or other technical problems between the use of the Application and the equipment or the media of the User.

9.6. The User of the Application is responsible for damages caused by the connection or use of the Application, whether to himself, to third parties or to his equipment.

9.7. Users represent their own interests. They deliver or accept that they are provided elements and information via the Application under their sole and entire responsibility.

9.8. The responsibility of ENOVAP can not be engaged in case of failure by the User to the obligations incumbent on him with regard to the use they make of the Application, or hereof.

In the event that the liability of ENOVAP is questioned, regardless of the basis and / or the nature of the action, it is agreed that only direct damages are likely to give rise to compensation, and that all damages indirect, consecutive and / or accessory will not be entitled to compensation for the benefit of the User.

9.9. No advice or information, whether oral or written, obtained by the User from ENOVAP or when using the Application, are likely to create guarantees not expressly provided for in these Terms of Use.

9.10. In general, the entirety of the obligations of ENOVAP resulting from these Terms are qualified as obligations of means, and can not in any case constitute obligations of result, which the User recognizes and accepts expressly.

9.11. The User agrees to subscribe to an insurance that may cover any blame for his liability in connection with the use of the Application and hereof. The User transmits to ENOVAP any proof of this subscription, at the first request of ENOVAP.

10. Intellectual property

10.1. Without this list being exhaustive, the French, international and European brands “ENOVAP” (marks n ° 15904915, 1337628 and 4265171) as well as their derivatives and declensions, and all other industrial property related to the Application, the logos , the graphic design, layout, information, photographs, presentation and content of the Application (videos, images, graphics, articles, questionnaire texts, etc.) are the exclusive property of ENOVAP or It has the necessary rights and authorizations to exploit them.

ENOVAP owns or holds the intellectual property rights relating to the Application as well as its structure, content and components, unless expressly stated otherwise. These Terms and Conditions do not involve the transfer of any of these intellectual property rights to the benefit of the User.

Any reproduction or representation, in whole or in part, of the Application, its structure, or the elements composing it, such as trademarks and their derivatives and variations, or other industrial property rights related to the Application, the logos, the charter graphic, layout, information, photographs, presentation and content of the Application (videos, images, graphics, articles, questionnaire texts, etc.), without this list being exhaustive, is prohibited and may be pursued in forgery.

10.2. ENOVAP only grants the User the right to download and use the Application solely for the purpose of accessing the Services via his Personal Account, for his use and / or his strictly personal and private needs, and within the limits of the present, which the User acknowledges and expressly accepts.

The User expressly undertakes that the use made of the Application does not in any way affect the rights of ENOVAP, and in particular that such use does not constitute an infringement, unfair or parasitic competition or an infringement of any intellectual property right.

The User expressly forbids himself, except with the express prior authorization of ENOVAP, to:

modify, adapt, decompile, translate, all or part of the Application or Services and / or develop an application or services identical or similar to the Application or the Services;
copy or duplicate the Application;
assign, transfer, lend, sell, rent the Application or the Services;
use the Application in violation of the applicable regulations on intellectual property rights.

10.3. The User guarantees ENOVAP against any damage that may result from any breach of this article.

11. Personal data

All information related to the collection and processing of the user’s personal data by ENOVAP, as well as to the use of cookies on the application, is available in the Personal Data Charter, accessible at the address https://www.enovap.com/en/personal-data.

12. Miscellaneous provisions

12.1. If any of the provisions of these Terms is declared void or inapplicable pursuant to a law, regulation or following a court decision became final, it would be deemed unwritten and the other provisions would remain in force.

12.2. These Terms are applicable to the relations between ENOVAP and the User, and constitute the entirety of their agreement. Therefore, the User renounces to use any contradictory document that would oppose the TOS, and that would therefore be ineligible against ENOVAP.

12.3. ENOVAP, on the one hand, and the User, on the other hand, are independent parties, each acting in his own name and on his own behalf. These Terms and Conditions do not create any mandate relationship, joint venture, joint venture, employer / employee relationship or franchiser / franchisee between ENOVAP and each User. Moreover, these Terms and Conditions do not imply the possibility for ENOVAP or the User to make commitments in the name or on behalf of one or the other.

12.4. No event due to a case of force majeure resulting in a malfunction of the operation of the Application or the access to the Services will not engage the responsibility of ENOVAP. The User undertakes not to claim any compensation in this respect.

13. Applicable law - Litigation

13.1. These Terms are subject to French law.

13.2. In the event of any dispute relating to the present, the User must first contact ENOVAP, in order to find an amicable solution, by email at [email protected].

In accordance with Article 14 of Regulation (EU) No 524/2013, the User may take the Dispute Resolution Platform set up by the European Commission in case of dispute. The platform aims to facilitate the independent and out-of-court settlement of online disputes between consumers and professionals in the European Union. It can be accessed at the following link: https://webgate.ec.europa.eu/odr/

The User remains free to have or not to mediate and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

13.3. In the event that no amicable solution can be found, any dispute between ENOVAP and a User, particularly regarding the formation, execution, interpretation, validity, termination or resolution of present GCU and this including for conservatory procedures, emergency procedures, in case of summary, warranty, motion or multiple defendants, shall be subject to the jurisdiction of the courts of the jurisdiction of the court of call from Paris.

In accordance with Article R.631-3 of the Consumer Code, the User may also seize the jurisdiction of the place where he / she lived at the time of the conclusion of the TOU or the place of occurrence of the harmful event.

For all practical purposes, it is specified that the time limits for judicial action are not interrupted during the mediation or the period during which an amicable solution is sought.

Date of entry into force of these Terms: 07/07/2020

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