Terms of Use for Vrombr
Last updated: February 21, 2024
Welcome to Vrombr, an application developed by Polyptik SAS. Vrombr is a gaming platform that allows users to remotely control real 1/10 scale cars equipped with cameras and participate in real-time races on various tracks. Please read these terms of use carefully before accessing or using our application.
By using the Vrombr application, you agree to be bound by these terms of use. If you do not agree to these terms, please do not use our application.
In order to use the Vrombr application (hereinafter “Application”), you must accept the following Terms of Use (hereinafter “Agreement”). This Agreement is entered into between you (hereinafter “you” or “Client” or “User”) and Polyptik SAS (hereinafter “Polyptik”). This Agreement consists of the Main Rules, Additional Rules, Vrombr Privacy Policy, and all terms displayed in the Application. If you are below the age of majority where you reside, you must have a legal representative, such as a parent or guardian, to accept this Agreement on your behalf. If you accept this Agreement on behalf of a minor, they can only use the Application after you have read, understood, and accepted this Agreement. The same procedure applies when this Agreement is amended. You agree to ensure compliance with this Agreement by the minor, and this Agreement is enforceable against you as a guarantor in case of violation by the minor. You may terminate this Agreement without giving reasons or incurring fees by sending a notification as prescribed in Article 17.2 of the Main Rules to Polyptik within 7 days of the registration date. Please read all provisions of this Agreement before accepting its terms.
Main Rules
- Definitions
For the purposes of this Agreement, the following terms shall have the following definitions:
“Client” means a person (including you) who uses the Application in accordance with the terms of this Agreement;
“Content” refers to all information you encounter when using the Application (including, but not limited to: documents, images, videos, audio, music, and other data);
“Provided Content” refers to the content provided by Polyptik to you through the Application;
“User-Generated Content” or “UGC” refers to the content you create, share, transmit, or otherwise make accessible or visible through the Application, including, but not limited to, your nickname (username);
“Exchanged Content” refers to provided content that you receive in exchange for in-game currency;
“In-Game Currency” refers to the in-game currency that can be purchased in your residential currency and exchanged for Exchanged Content in the Application. There are several In-Game Currencies, including, but not limited to, Energies, Gems;
“Paid Content” refers to the Provided Content that you obtain in the Application for payment (excluding Exchanged Content and In-Game Currency);
“Related Services” refers to services provided by Polyptik, Polyptik’s affiliates, or third parties that may be linked to the Application. Services provided via the Polyptik Account are included in the services provided by Polyptik;
“Measures such as Suspension” refers to measures taken by Polyptik against the Client such as restricting the use of all or part of the Application or terminating this Agreement;
“Polyptik Account” refers to an account created by a User that can be used in connection with the services offered by Polyptik or one of its partners, including, but not limited to, Related Services.
- Recording Your Information on the Application
2.1 You must register true and accurate information about yourself to use the Application. In case of error in your registered information, or if a change occurs in your registered information, you must promptly correct or change this information.
2.2 Polyptik provides the Application based on the information you register. Polyptik assumes no responsibility for any loss or damage suffered by you resulting from inaccurate, false, or incomplete information provided by you.
2.3 You must promptly inform Polyptik if you become aware of someone using your Application without your authorization. Upon confirmation by Polyptik, Polyptik may suspend the use of this Application or restrict the use of this Application by the third party. Polyptik assumes no responsibility for any loss or damage suffered by you resulting from the use of your Application by a third party.
- Use of the Application
3.1 You must use the Application in accordance with all terms of this Agreement and any other terms prescribed by Polyptik.
3.2 You are solely responsible for all costs or taxes associated with your access or use of the Application, including, but not limited to, internet fees, data communication costs, or equipment costs.
3.3 Some or all of the Application services may not be available to all Clients, depending on age, location, device, communication environment, or other factors. Polyptik will not be liable if, for any reason, any or all of the Application services are not available to you.
3.4 Clients who have not reached the age of majority must obtain permission from their legal representative, such as a parent or guardian, before using the Application and its services, including, but not limited to, purchasing Paid Content and In-Game Currency. This legal representative will act as a guarantor and will be responsible for any violation of this Agreement by the minor, including, but not limited to, failure to pay for any purchased In-Game Currency.
3.5 If you change your registration country in the Application, you must accept the applicable user agreement for your new registration country. Some Content may vary by country, and changing your registration country may affect the availability of some or all of the Application services or eliminate rights you had under your previous registration country. Polyptik assumes no responsibility for any loss or damage suffered by you resulting from any change in your registration country.
3.6 Polyptik will retain and maintain records of your use of the Application (“Records”) for at least 30 days. You may request to confirm the Records and/or request a copy of the Records by sending a notification as prescribed in Article 17.2 of the Main Rules. Polyptik may charge fees to respond to your request.
- License to Use the Application
4.1 Polyptik grants you a license to use the Application, provided that you comply with all terms of this Agreement and any other terms prescribed by Polyptik.
4.2 The license in the preceding paragraph is personal, non-exclusive, non-transferable, and Polyptik may limit the duration or frequency of use, or impose additional conditions. In addition to what is stipulated in this Agreement, Polyptik may at any time revoke this license and terminate this Agreement in accordance with Article 15.2 of the Main Rules.
4.3 Unless the context requires a different interpretation, expressions such as “purchase,” “sale,” “exchange,” “redemption,” “subscription” of Provided Content, and other similar expressions in this Agreement and in the Application mean the granting of a license to you to use the Provided Content.
- Paid Content, In-Game Currency, and Exchanged Content
5.1 By purchasing Paid Content and In-Game Currency using your residential currency, you can exchange this In-Game Currency for Exchanged Content in the Application. Polyptik may sometimes offer Paid Content and In-Game Currency to you for free during campaigns and other occasions. In-Game Currency cannot be sold or transferred and cannot be exchanged for cash or a debt instrument or for goods or services other than to obtain Content identified by Polyptik.
5.2 Polyptik will determine and provide, in the Application or on the official Application website, the name, price, validity period, values to obtain Exchanged Content, and other conditions applicable to In-Game Currency. Polyptik may make changes to these terms from time to time at its discretion. Polyptik will publish the latest terms in the Application and send you a notification of these changes while changes affect your rights and interests. If you raise an objection to such changes within 15 days of receiving Polyptik’s notification, your objection will be considered as notice to Polyptik of the cancellation of your purchase of the relevant Content, and Polyptik, after deducting necessary costs and expenses incurred by Polyptik, will refund the remaining purchase price, if any, to you upon your return of the purchased Content.
5.3 The price and other terms and conditions of Paid Content are separately determined by Polyptik and displayed in the Application or on the official Application website. Polyptik may change these terms and conditions at its discretion.
5.4 Unless otherwise authorized by Polyptik or required by law, purchased In-Game Currency is non-refundable and cannot be transferred. If you are below the age of majority where you reside, you hereby confirm that you have obtained your legal representative’s agreement to accept your purchase of In-Game Currency on your behalf under applicable laws. If your legal representative requests a refund under applicable laws due to your violation of this Section 5.4, the legal representative must prepare necessary documents and submit a request to Polyptik. Upon review and possible confirmation, Polyptik will refund the unused In-Game Currency fees. In the event that In-Game Currency is refunded due to a legal requirement, such procedure and conditions will be separately provided by Polyptik. Additionally, after the conclusion of a Paid Content purchase transaction, any cancellation or refund requests for customer circumstances are not accepted.
5.5 Unless otherwise authorized by Polyptik or required by law, purchased In-Game Currency is non-refundable and cannot be transferred. If you are below the legal age of majority where you reside, you hereby confirm that you have arranged for your legal representative to accept your purchase of In-Game Currency on your behalf under applicable laws. If your legal representative requests a refund under applicable laws due to your violation of this Article 5.4, the legal representative must prepare the necessary documents and submit a request to Polyptik. Upon review and possible confirmation, Polyptik will refund the unused In-Game Currency. In the event that In-Game Currency is refunded due to a legal requirement, such procedure and conditions will be provided separately by Polyptik. Additionally, after the conclusion of a Paid Content purchase transaction, any requests for cancellation or refund due to customer circumstances will not be accepted.
5.6 Paid Content and Exchanged Content obtained using In-Game Currency have no monetary value. Furthermore, Paid Content and Exchanged Content are contents to execute the Application service and, unless otherwise authorized by Polyptik or required by law, cannot be refunded in cash.
5.7 When Polyptik conducts a campaign where you can use In-Game Currency to have a chance to win prizes, the details regarding the campaign and the prize will be indicated on the exchange page.
5.8 Your purchase of Paid Content and In-Game Currency is subject to your compliance with the terms and conditions of all applicable third-party payment service providers, including, but not limited to, Apple, Inc. and Google, Inc.
- User-Generated Content
6.1 The Application may allow you to send, receive, or otherwise share User-Generated Content with others.
6.2 Except for Polyptik’s intellectual property rights (as defined in Article 8 of the Main Rules) included therein, you own your User-Generated Content. By accepting this Agreement, you grant Polyptik a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and otherwise exploit the User-Generated Content, in whole or in part, and to incorporate your User-Generated Content into other works, in any form, media, or technology now known or developed later, including for promotional or marketing purposes, without any payment from you and without limitation of copies. You acknowledge that your User-Generated Content may be viewed, reproduced, published, and/or modified by Polyptik or third parties. You acknowledge that Polyptik may, to the fullest extent permitted by law, delete any User-Generated Content from the Application and/or Polyptik servers at any time, for any reason, at its discretion and without notice or liability to you. Polyptik reserves the right not to publish or to unpublish any User-Generated Content and is not obliged to store any User-Generated Content whatsoever.
6.3 You warrant to Polyptik that you own all necessary rights to the User-Generated Content to share this UGC, and that this UGC does not violate any term of this Agreement or other terms prescribed by Polyptik, nor any right or interest of third parties. You warrant that any UGC made available by you will not be defamatory, indecent, or inappropriate and/or fall under a category mentioned in Article 9(18) of the Main Rules, and that this UGC does not violate any applicable law. You agree to fully indemnify and hold Polyptik harmless against any liability incurred as well as against claims arising from any User-Generated Content made available by you.
6.4 For the User-Generated Content you share, you waive and agree not to exercise any moral rights you may have in such UGC.
6.5 If you believe that another Client’s UGC infringes your rights and/or is defamatory, obscene, indecent, inappropriate, or contrary to any applicable law, you may inform Polyptik through the method provided in Article 17.2 of the Main Rules. Polyptik may ask you to provide additional information regarding your complaint and may, at its discretion, remove such UGC or take other deemed necessary measures. However, unless required by law, Polyptik has no obligation to respond or take action, and Polyptik shall not be liable for any action or inaction concerning such UGC. You agree to fully indemnify and hold Polyptik harmless against any liability incurred as well as against claims arising from the deletion of the UGC or any other measure taken in response to your notification.
6.6 You acknowledge and agree that other Clients may inform Polyptik (as indicated in Article 6.5 of the Main Rules) about issues with your UGC. Polyptik has the right, but is not obliged, to inspect, confirm, edit, delete, or monitor (including by providing information to the police, courts, and other government entities) the Application and the UGC. Polyptik is not obliged to verify whether the UGC complies with any term of this Agreement or other terms prescribed by Polyptik (including legality, morality, and the presence or absence of a license for relevant intellectual property rights and other similar rights), or to verify any other aspect of such content.
6.7 Polyptik respects communication privacy and will not consult, delete, or disclose your private communications to third parties unless required by law or unless Polyptik obtains adequate consent.
- Related Services
7.1 When using a Related Service, you must comply with all terms of this Agreement and any other terms prescribed by Polyptik as well as the terms and conditions applicable to the Related Service.
7.2 As you must link your Application to your Polyptik Account, if you are subject to Measures such as Suspension of the Polyptik Account or if you have changed your country settings on the Polyptik Account, some or all of the Application’s usage may be restricted. Once the Polyptik Account is linked to the Application, unless otherwise authorized by Polyptik, the linkage cannot be canceled. If your linked Polyptik Account is terminated or deleted for any reason, you will not be able to use the Application. Polyptik assumes no responsibility for any loss or damage suffered by you resulting from linking your Application to the Polyptik Account.
7.3 For any service that can be used via Related Services provided by a third party, that third party is solely responsible for those services. Polyptik makes no representation or warranty regarding such services provided by a third party and assumes no liability for any loss or damage suffered by you in connection with your access or use, as well as linking to Related Services of a third party. You must comply with the terms and conditions applicable to such Related Services.
- Intellectual Property Rights
8.1 Subject to the limited license granted to you in Section 4 of the Main Rules and unless otherwise provided in this Agreement, Polyptik and its partners own all rights, titles, and interests in and to all intellectual property rights used in connection with the Application and all Content Provided, including but not limited to all copyrights, moral rights, patents, trademarks, service marks, and other rights (collectively referred to as “Intellectual Property Rights”).
8.2 Polyptik grants you a license to use the Content Provided only to the extent necessary to use the Application in accordance with the provisions of Section 4 of the Main Rules. Polyptik reserves all other rights in the Intellectual Property Rights.
- Prohibitions
By using the Application, you must refrain (and not allow or facilitate any third party to undertake) from the following actions or actions that may result in the following actions in connection with your use or access to the Application:
(1) Defamation, fraud, intimidation, or obstruction of business against Polyptik, Customers, or any third party;
(2) Harassment, and other actions causing emotional distress or economic loss to Polyptik, Customers, or any third party;
(3) Actions violating or infringing upon the intellectual property rights, image rights, privacy rights, reputation, credit, or other rights or interests of Polyptik, Customers, or any third party;
(4) Allowing a third party to use the Application, whether for payment or free of charge;
(5) Using the Application for commercial purposes (including, but not limited to, trading with real money);
(6) Actions aimed at reverse engineering or analyzing the source code of the Application;
(7) Actions inducing or exploiting bugs or malfunctions of the Application;
(8) Accessing Polyptik’s (including its partners’) information systems related to the Application, modifying or deleting data from the Application, or undertaking actions overloading Polyptik’s (including its partners’) information systems, or other actions having a negative impact on the smooth provision of the Application and its services;
(9) Fraudulently controlling the Application, purchasing In-Game Currency, or obtaining Exchanged Content using a false name, tricks, automation software (bots), any other technical measure, or any other dishonest method;
(10) Using the Application on a modified device or operating system that Polyptik deems inappropriate;
(11) Deliberately publishing or displaying false data regarding the use of the Application;
(12) Falsely representing oneself as the company Polyptik, another Customer, or any other third party;
(13) Undertaking any advertising, promotion, or marketing activity within the Application (except those specifically authorized by Polyptik);
(14) Engaging in criminal acts or criminal threats, or facilitating the commission of a crime by someone else;
(15) Actions violating public order and decency standards;
(16) Actions violating laws and regulations, court judgments, decisions and orders, or binding administrative measures, or encouraging or facilitating such actions;
(17) Actions violating any term of this Agreement or other conditions prescribed by Polyptik, or requests, orders, or mandatory measures separately issued by Polyptik;
(18) Sharing, sending, making available, or receiving User-Generated Content that:
– contains violent or discriminatory messages;
– contains political or religious opinions;
– contains obscene or sexual expressions;
– is intended to meet other Customers in real life;
– contains names, addresses, phone numbers, email addresses, and other contact details;
– inflicts physical or emotional harm on others, such as excessive flashing or continuous sending of identical or similar content;
– leads others to websites and other media containing any of the above elements;
(19) Undertaking any other action that Polyptik considers inappropriate.
- Suspension Measures
10.1 To the fullest extent permitted by law, Polyptik may, at its discretion, take measures such as Suspension against you if Polyptik determines that any of the following events has occurred or is likely to occur:
(1) You violate any term of this Agreement or other conditions prescribed by Polyptik relating to the Application;
(2) You delay or fail to perform any of your obligations to Polyptik;
(3) You are a minor, under guardianship of an adult, a ward, or a person under guardianship or counseling who is not authorized to use the Application or to accept this Agreement, or you are a minor who unreasonably accepted this Agreement alone or unjustly obtained acceptance from your legal representative, guardian, curator, or counselor;
(4) You have not responded for a period of thirty (30) days or more to a request for information from Polyptik regarding your use or access to the Application or any other communication requiring a response;
(5) You have not used the Application for a period of six (6) months or more;
(6) You are a member of an antisocial force, or you have any sort of interaction or involvement with antisocial forces, such as cooperation or involvement in the maintenance, operation, or management of antisocial forces through the provision of funds and other means;
(7) It is necessary for the operation, maintenance, or protection of the Application;
(8) You engage in other acts that Polyptik deems inappropriate, such as, without limitation, driving in reverse, excessive wall crashes, or with other players.
10.2 If Polyptik determines that your actions fall within or are likely to fall within any of the subparagraphs of the preceding paragraph, Polyptik may ask you to cease such actions or to correct any defect or harm caused by such actions. You must comply with these requirements within the time frame set by Polyptik.
10.3 Polyptik assumes no liability for any loss or damage suffered by you arising from Suspension Measures.
10.4 Even if Polyptik takes measures such as Suspension, you will not be exempted from your obligations to Polyptik and any applicable third party under this Agreement (including liability for damages).
10.5 Polyptik may use the information in accordance with the Privacy Policy you have provided to Polyptik, even if you are subject to Suspension Measures.
- Customer Responsibility
If a loss or damage occurs at Polyptik in relation to the use of the Application for reasons attributable to you, such as a violation of this Agreement, you have an obligation to promptly indemnify Polyptik for such loss or damage.
- Indemnification and Limitation of Liability
12.1 You acknowledge the following:
(1) The Application (including the Content Provided and other related materials) is provided “as is” without any warranty. To the maximum extent permitted by law, Polyptik makes no warranties, express or implied, that the Application is free from errors, bugs, defects, or security vulnerabilities, that it does not infringe upon the intellectual property rights of any third party, that it has the features and commercial value you expected, or that it complies with all applicable laws, regulations, or other rules.
(2) Polyptik does not warrant that the Application will be compatible with all devices. Malfunctions may occur in the Application due to events such as upgrading the device’s operating system. When such malfunctions occur, Polyptik does not guarantee that these malfunctions will be resolved by Polyptik taking action.
(3) The use of the Application may be restricted by changes in the terms and policies of the store where the Application, Paid Content, and In-Game Currency are obtained, or by changes in the terms of service of the applicable payment service company.
(4) To the maximum extent permitted by law, Polyptik assumes no liability for any loss or damage suffered by you in connection with your use of the Application. For clarity, nothing in this Agreement shall be construed as excluding or limiting Polyptik’s liability in the event of death or personal injury caused by its negligence.
(5) To the maximum extent permitted by law, Polyptik assumes no liability for any loss, damage, or alteration of data in the Application.
(6) In the event of a dispute between you and another Customer, or you and a third party, regarding the Application, including, without limitation, disputes arising from the sharing of the same Application or the purchase by any other user or third party of In-Game Currency or Redeemed Content, you must notify Polyptik and resolve such dispute on your own and at your own expense. Polyptik has no obligation to participate in such dispute and assumes no liability in this regard.
(7) To the maximum extent permitted by law, Polyptik assumes no liability for any interruption, delay, cancellation, or deletion of data from the Application, nor for any loss or damage resulting from unauthorized access to data related to the Application.
- Modification or Interruption of the Application
13.1 Polyptik may modify or add features or other elements to all or part of the Application without notice to Customers.
13.2 Polyptik may temporarily suspend all or part of the Application if any of the following causes occur:
(1) The Application server is overloaded or another technical error occurs resulting from causes such as excessive access by Customers to the Application;
(2) Polyptik decides to carry out regular or emergency maintenance related to the operation of the Application and will provide prior notification in the Application for regular maintenance;
(3) Fire, power outage, internet connection failure, war, strike, government action, natural disaster, act of God, or any other cause rendering it impracticable for Polyptik to operate the Application;
(4) If the operation of the Application becomes impossible due to applicable laws and regulations;
(5) Polyptik deems it necessary for any other reason.
13.3 Polyptik assumes no liability for any loss or damage suffered by you arising from any action taken by Polyptik in accordance with this Article 13 of the Main Rules.
- Changes to this Agreement
Polyptik may make changes to this Agreement at any time. After changes are made, Polyptik will publish the most recent version of this Agreement within the Application. Changes to this Agreement will be effective from the time of such publication. If you object to such changes within 15 days of receiving notice from Polyptik, your objection will be considered notice to Polyptik of termination of this Agreement. Your continued use of the Application after such changes will constitute acceptance of the Terms of Use. When using the Application, please check the most recent version of this Agreement at all times.
- Termination of this Agreement
15.1 This Agreement will be terminated if you delete your saved data, delete or uninstall (including accidentally) the Application, or take any other action prescribed by Polyptik to terminate this Agreement.
15.2 To the maximum extent permitted by law, Polyptik may, at its discretion, discontinue the provision of the Application and terminate this Agreement with all Customers, after notifying Customers via the Application, on the official website of the Application, or by other means that Polyptik deems appropriate.
- Actions to Take upon Termination of this Agreement
16.1 When this Agreement is terminated, you will no longer be able to use the Content or other information related to the Application, unless otherwise prescribed by Polyptik. Polyptik will retain your Application and electronic records accompanying the Application for 30 days after the termination of this Agreement.
16.2 To the maximum extent permitted by law, if this Agreement is terminated, unless otherwise provided by Polyptik, any In-Game Currency and Paid Content in your possession will become null, and you will no longer be able to use such In-Game Currency and Paid Content. Unless otherwise provided by law, purchased In-Game Currency or Paid Content is non-refundable.
16.3 If this Agreement is terminated, Polyptik may, at its discretion, delete any Content in the Application concerning you that exists at the time of termination, without prior notice to you.
16.4 Polyptik assumes no liability for any loss or damage suffered by you arising from any modification of this Agreement or termination of this Agreement. You acknowledge and agree that, to the maximum extent permitted by law, you waive all claims for loss or damage suffered by you or a third party resulting from the termination of this Agreement.
16.5 Even if this Agreement is terminated, you are not exempt from your obligations to Polyptik or any applicable third party under this Agreement (including, without limitation, liability for damages).
16.6 Notwithstanding the termination of this Agreement, Polyptik may continue to use your User-Generated Content and the information you have provided to Polyptik. Polyptik will use this User-Generated Content in accordance with Article 6 of the Main Rules, and Customer information will be processed in accordance with Vrombr’s Privacy Policy. Additionally, even after the termination of this Agreement, the provisions of Article 1 of the Main Rules, Articles 6 to 9, Article 11, Articles 16 to 20, Additional Article 1, and Vrombr’s Privacy Policy shall remain in effect.
- Notification
17.1 If Polyptik has notifications, approvals, or other communications to address to the Customer regarding the Application, they will be published in the Application, on the official website of the Application, or by any other means that Polyptik deems appropriate. Messages from Polyptik are deemed to have reached you upon their publication or transmission. Polyptik assumes no liability for any loss or damage resulting from the non-delivery or late delivery of such messages, for whatever reason.
17.2 If you wish to send notifications, approvals, or other communications regarding the Application to Polyptik, you must send an email to the following address: postmaster@vrombr.games. Your message is deemed sent upon arrival at Polyptik. Polyptik assumes no liability for any loss or damage suffered by you resulting from the non-delivery or late delivery of such messages, for whatever reason.
- Prohibition of Assignment of Rights
Unless otherwise provided in this Agreement, you may not assign, lend, or otherwise dispose of your rights and obligations under this Agreement.
- Severability
Even if, for any reason, a provision of this Agreement becomes null or unenforceable, this does not render any other part of this Agreement null or unenforceable. If a court finds a provision of this Agreement to be null or unenforceable, that provision shall be narrowly interpreted to the extent necessary to make it valid and enforceable.
- Applicable Law and Jurisdiction
20.1 This Agreement is governed by the laws of France and shall be interpreted in accordance with French law. In the event of any inconsistency between the English and French versions of this Agreement, the French version shall prevail.
20.2 The Lyon Tribunal shall be the exclusive court of first instance for disputes between Polyptik and you arising from or related to this Agreement.
Additional Rules
- Addendum pour les Clients utilisant des smartphones ou tablettes iOS d’Apple, Inc.
Cet Article complète les dispositions des Règles Principales et constitue un ajout aux Règles Principales pour les clients utilisant l’Application sur des smartphones ou tablettes iOS fournis par Apple, Inc. (ci-après “Apple”). En cas de conflit entre les dispositions de cet Article et celles des Règles Principales, dans ce cas seulement, les dispositions de cet Article prévaudront.
1.1 Polyptik vous accorde une licence uniquement pour le droit non exclusif et non cessible de télécharger et d’utiliser l’Application à des fins personnelles et non commerciales, conformément aux Conditions de Service de l’App Store, et vous devez accepter cette licence.
1.2 Apple n’assume aucune responsabilité pour les revendications formulées par vous ou un tiers liées à votre possession ou à votre utilisation de l’Application, y compris les suivantes :
– Une revendication de responsabilité du produit ;
– Une revendication selon laquelle l’Application ne respecte pas les exigences des lois et règlements ;
– Une revendication fondée sur la Loi Fondamentale de Protection des Consommateurs ou des lois et règlements similaires ;
– Une revendication formulée par vous ou un tiers selon laquelle l’Application ou l’utilisation de l’Application par vous porte atteinte aux droits de propriété intellectuelle de vous ou d’un tiers.
1.3 Vous reconnaissez qu’Apple n’a aucune responsabilité de fournir des services de maintenance ou de support pour l’Application.
1.4 Cette Application est fournie par Polyptik SAS, dont l’établissement secondaire, lieu de production, est situé au 10 rue Pierre Mendès France, 69120 Vaulx en Velin – France.
1.5 Vous déclarez et garantissez que vous ne résidez pas dans un pays sous embargo à l’exportation des États-Unis ou dans un pays désigné comme État sponsor du terrorisme par le gouvernement des États-Unis, ou que vous ne figurez pas sur la liste des personnes interdites ou exclues des États-Unis.
1.6 Vous reconnaissez qu’Apple et les filiales d’Apple sont des bénéficiaires tiers du présent Accord, et qu’en reconnaissant les dispositions du présent Accord, vous reconnaissez qu’Apple a le droit (ou est réputé avoir reconnu le droit) de faire respecter cet Accord contre vous en tant que bénéficiaire tiers.