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Terms of Service

Terms of Service

Preamble

These General Conditions of Use or GCU are concluded between:

– the manager of the myDev site, hereinafter referred to as the “Publisher”,
– any person wishing to access the site and its services, hereinafter referred to as the “User”.

Article 1 - Principles

These General Conditions of Use are intended to provide a legal framework for the use of website

Website https://my-dev.ai/ is the service of:

The General Conditions of Use must be accepted by any User, and his access to the website constitutes acceptance of these conditions.

These GCU are written in English.

However, in case of inconsistencies or contradictions between the various translations of this document, the English version will prevail.

Article 2 - Duration and follow up of the GCU

These General Conditions of Use are concluded for an indefinite period. The contract takes effect with respect to the User from the start of the use of the service.

Website my-dev.ai reserves the right to modify the clauses of these General Conditions of Use at any time and without justification.

The User is invited to consult them regularly.

Article 3 - Access to website

Any User with internet access can access website my-dev.ai free of charge and from any location. The costs incurred by the User to access it (subscription and internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

Website my-dev.ai and its various services may be interrupted or suspended by the Publisher, in particular during maintenance, without obligation of notice or justification.

The User of the site has access to the following services:

Creation of personalized e-commerce site, including hosting and domain name, distributed on the Web.

Creation of Android & iOS Mobile Application, their publication on Google Play and App store as well as the management interface to manage everything.

Additional services not included in the basic package (Serenity and/or Design Pack) intended to facilitate the use of the website by the User, such as a logo, a color palette, a font, the provision images and textual content.

Drafting and integration of the General Conditions of Sale, General Conditions of Use, Privacy policy, personalized legal disclaimer as well as the addition of products on the user’s website subject to validation and payment of the quote proposed by my-dev.ai.

The purchase of a domain name for the User if he does not have one.

More generally, rendering all the services associated with the improvement of the existing services on website my-dev.ai.

Article 3.1 - Publication on App Store and Google Play

Publication of a mobile application on the Apple App Store and Google Play stores is subject to compliance with the policies, rules and validation procedures specific to these platforms, over which the Publisher has no control.

The Publisher cannot be held responsible for any refusal, withdrawal, suspension or delay in validation imposed by these platforms.

In the event of a modification request from Apple or Google requiring additional work on the application, such work may give rise to additional invoicing in accordance with an estimate accepted by the User.

Article 4 - Responsibilities

The responsibility of the Publisher cannot be engaged in case of failure, breakdown, difficulty or interruption of operation, preventing access to the website or to one of its functionalities.

The website connection equipment used is the sole responsibility of the User, who must take all the appropriate measures to protect the equipment and data, in particular from viral attacks via the Internet. The user is also solely responsible for the sites and data he consults.

The Publisher cannot be held responsible in case of legal proceedings against the User:

– the use of the my-dev.ai website or any service accessible via the Internet;
– the User’s failure to comply with these terms and conditions.

The Publisher is not responsible for any damage caused to the User, to the third parties and/or to the User’s equipment as a result of his connection or use of the website and the User waives any action against the Editor accordingly.

If the Publisher became the subject of an amicable or legal procedure because of the use of the site by the User, he could turn against him to obtain compensation for all the damages, sums, convictions and costs which may arise from this procedure.

Article 4.1 - Content published by the User

The User is solely responsible for the content (texts, images, videos, products, descriptions, notices, commercial information, terms of sale, privacy policies) that he puts online via his site or application.

The User indemnifies the Publisher against any claim or action relating to such content, in particular in respect of infringement, unfair competition, misleading advertising, deceptive commercial practices, consumer protection, or failure to comply with legal obligations relating to online sales.

In the event of a report, complaint or identified legal risk, the Publisher reserves the right to immediately suspend access to the service, without compensation.

Article 5 - Intellectual property

All the technical documents, products, photographs, logos, texts, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When they are given to our clients, they remain the exclusive property of website my-dev.ai, the sole holder of the intellectual property rights to these documents, which must be returned to it upon its request.

Our clients undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party, except with express and prior authorization given by the Publisher.

Article 5.1 - License to use myDev tools

The User acknowledges that the structure, architecture, source code, technical models, templates, functional modules and, more generally, all software elements making up the myDev platform are and remain the exclusive property of the Publisher.

No intellectual property rights are transferred to the User.

The User is granted a personal, non-exclusive, non-transferable right of use, limited to the duration of his/her contract with myDev. This right of use is strictly limited to the use of the website and/or mobile application generated by the myDev platform.

Any attempt to copy, reproduce, decompile, disassociate, export or reuse the code or architecture, in whole or in part, is strictly prohibited and may result in legal action.

Article 6 - Hyperlinks

The creation by the User of any hypertext links to all or part of the site is strictly forbidden, unless prior written authorization has been obtained from the Publisher by sending an e-mail to the following address: [email protected].

The Publisher is free to refuse this authorization without having to justify its decision in any way whatsoever. In case the Publisher grants its authorization, this is in any case only temporary and may be withdrawn at any time, without obligation of justification at the Publisher’s expense.

In all the cases, any link must be removed at the Publisher’s request.

Any information accessible via the link to other websites is not under the control of the Publisher, which declines all responsibility for their content.

Article 7 - Personal data protection

Collected data

The personal data collected on this site are as follows:

account opening: when a user’s account is created, the user’s surname; first name; e-mail address; telephone number; company name; full postal address of the company; the company’s activity; acceptance of the GTC, the personal data policy and the myDev GTC.

connection : when the user connects to my-dev.ai, the user saves, in particular, his connection, usage and location data;

profile : the use of the services rendered on my-dev.ai makes it possible to fill in a profile, which may include an e-mail address;

payment : as part of the payment for the products and services offered on my-dev.ai, Stripe records financial data relating to the user’s bank account or credit or debit card;

cookies : cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the services of website my-dev.ai, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

– access and use of the my-dev.ai site by the user;
– management of the operation and optimization of the my-dev.ai site;
– organization of the conditions of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– implementation of user assistance;
– prevention and detection of fraud, malware (malicious software) and management of security incidents;
– management of any disputes with users;

Transfer of personal data to the third parties

Personal data may be transferred to third party companies in the following cases:

– when the User uses payment services, for the implementation of these services, the my-dev.ai site is in contact with third-party banking and financial companies with which it has signed contracts;
– when the User publishes, in the free comment areas of the my-dev.ai website;
– when the User authorizes the my-dev.ai website of a third party to access his/her data;
– when the my-dev.ai website uses the services of service providers to provide user support and payment services. These service providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable personal data protection regulations;
– if required by law, website my-dev.ai may transfer the data to respond to the complaints against website my-dev.ai and comply with the administrative and legal procedures;
– if the website of myDev is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to the third party.

Security and confidentiality

my-dev.ai implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and website my-dev.ai cannot guarantee the security of transfer or storage of information on the Internet.

Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: [email protected].

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, website my-dev.ai may request the proof of the user’s identity in order to verify its accuracy.
  • the right of rectification: if the personal data held by website my-dev.ai is inaccurate, they may request that the information be updated.
  • the right to delete data: users can request the deletion of their personal data, in accordance with the applicable data protection laws.
  • the right to limit processing: users can ask website my-dev.ai to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • the right to transfer: they can request that website my-dev.ai give them the personal data provided to them in order to transfer them to a new website.