TERMS OF USE OF THE APPLICATION

TERMS OF USE OF THE APPLICATION

Arianee Wallet

Effective as of December 2022

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Please read carefully these Terms of Use which govern the use of this NFT Wallet application (the “Application” or “NFT Wallet App”) to read and/or claim NFTs ( the “Terms of Use” or the “Contract”). By using this Application, you agree to these Terms of Use without reserve.

NFT materializes in the form of digital twin (of physical products), native and purely digital (like digital collectibles) and digital proof of engagement (badges, tickets, accreditations, passes and others).

For any request relating to your use of the Application, please get in touch with us by writing to : support@arianee.org.

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LEGAL NOTICE‍

Contact : support@arianee.org

Director of Publication : Pierre-Nicolas Hurstel

Publisher : Arianee, a simplified joint-stock company, having its registered office at 12 Rue Philippe de Girard, 75010 Paris, registered with the Paris Registry of Trade and Companies under number 842 305 161  (hereinafter "Arianee" or "We" or “Us”).

Hosted by : Arianee, a simplified joint-stock company, having its registered office at 12 Rue Philippe de Girard, 75010 Paris, registered with the Paris Registry of Trade and Companies under number 842 305 161
Postal address/Email address : support@arianee.org

12 rue Philippe de Girard, 75 010 Paris, France

1. ACCESS TO THE APPLICATION
   

a. Who can use it?‍

To access and use this Application you need to be at least sixteen (16) years old. Users under the age of sixteen (16) must seek the consent of a legal representative .

b. At what price?‍

We hereby grant you a free license to use the Application. You shall bear any further expenses for accessing and using the Internet.

c. How to download and access it?

The Application shall be delivered solely via electronic download from the App Store and Google Play Store (hereinafter the "Platforms"). You may download from the Platforms (i) a copy of the Application; and (ii) install it on the device as per the instructions provided during the installation and/or posted on the Platforms.

You may freely download and use the Application, without being required to sign in or create an account.

The use of the Application may require the use of a PIN code or other personal code (such as the recovery phrase of your NFT Wallet App). In such a case it is up to you to take the necessary steps to keep such codes secret. Please inform Us of any fraudulent use that you may become aware of.

Although We endeavor to keep the Application accessible at all times, We cannot guarantee said access to you under all circumstances (maintenance, update, force majeure event or any other reason beyond our control).

d. On what device?‍

The installation and use of the Application require a compatible device with an Internet connection.

The following operating systems are compatible: Android and iOS.

You shall bear exclusive liability for any operation related to the required device, as well as any telecommunication expenses incurred in connection with the installation of, access to and downloading of, the Application.  

Your operator may charge you additional expenses for accessing the Internet from a mobile phone or tablet. We shall bear no liability for any network or roaming costs in connection with the Application updates.  

2. USE

a. License
The Application is hereby licensed, not sold, to you. You shall procure compliance with these Terms of Use by anyone acting in your name or on your behalf.

As of the effective date of these Terms of Use, subject to compliance with the terms hereof, We hereby grant you on a non-exclusive, revocable world-wide and non-transferable license to use the Application, during the period of use of the Application, exclusively for strictly personal and private purposes.  

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b. Applicable requirements‍

In connection with your use of the Application, you hereby agree not to:  

(a) Duplicate, copy or use the Application for any purposes other than as expressly authorized under these Terms of Use;

(b) Attempt (or encourage or support others’ attempts) to reverse engineer, disassemble or decompile the Application, except for purposes of interoperability, as defined by law;

(c) Adapt, correct, update or alter the Application in any way;

(d) Create any derivative work based on all or any part of the Application;

(e) Disclose or publish the results of performance tests on the Application without our prior written consent;

(f) Lease or sublicense the Application to any third party;

(g) Mask, remove or alter any notice or reference to our proprietary rights;

(h) Correct any error, anomaly, bug or other malfunction or failure affecting the Application;

(i) Download the Application if you are in a country We have expressly excluded;

(j) Use the Application and/or publish any contents via the Application depicting any third parties and/or works protected under intellectual property rights, without the prior express consent of the right holder(s). Without prejudice to the foregoing provisions, you shall bear sole liability for all such contents as you may publish via the Application.

c. NFT Wallet App

The NFT Wallet App is an interface for reading and / or claiming NFTs.

It is highly recommended to keep your wallet safe and secure, by following the saving procedure proposed by the Application. The Application proposes two types of saving: manual or via iCloud.

3. INTELLECTUAL PROPERTY

Developing this Application involved significant investments. The Application and each of the elements it comprises (i.e., brands, logos, images, texts, videos, etc.) are protected by intellectual property rights. We grant you a limited, non-exclusive, non-transferable , revocable license to use the Application for your personal and non-commercial purpose. No use, reproduction, representation, modification or distribution of the Application (in whole or in part), on any media whatsoever, for any other purposes shall be authorized.

We may make available to you via this Application contents that you are authorized to access and download (hereinafter the "Downloadable Content"). We grant you, for your personal and private use only, free of charge and for the legal protection period of intellectual property rights as defined by French and foreign laws and international treaties, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Application shall be prohibited. By downloading or using such Downloadable Content, you agree to use them in accordance with these Terms of Use.

Please note, that these above listed restrictions do not apply to the NFTs you own as long as their use does not infringe any legal requirements or any other contractual requirements you agreed when purchased or acquired the NFT.

4. INFORMATION CONTAINED ON THE APPLICATION

a. General provisions ‍

Furthermore, We hereby remind you that inaccuracies and omissions may appear in the information available on this Application, particularly due to third parties. We hereby undertake to remove inaccuracies or to complete such information on the Application as soon as possible.

b. Hypertext links‍

The hypertext links included on the Application may lead you to websites published by third parties and the content of which We do not control.  Accordingly, to the extent that said hypertext links were included on this Application for the sole purpose of facilitating your browsing experience of the Internet, looking up any third-party websites shall be your own decision and your sole liability.

5. DISCLAIMER

We shall use our best efforts to maintain access to the Application at all times.  However, We cannot guarantee the permanent availability and accessibility of the Application. Indeed, we may be required to momentarily suspend access to all or part of the Application, particularly for technical maintenance purposes.

It is hereby further specified that the Internet and IT or telecommunication networks or blockchain are not error-free and that interruptions and failures can occur.  We cannot provide any guarantee in this regard and shall not therefore be held liable for any damage that may relate to the use of the Internet and IT or telecommunication networks or the blockchain, including, without limitation:

• Poor transmission and/or reception of any data and/or information via the Internet;
• Any external intrusions or computer viruses;
• Any defaulting reception equipment or communication networks; and
• Any such Internet malfunctions may hinder the proper operation of the Application.
  

Arianee disclaims all warranties about the Application to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, our liability shall be limited to direct damage, excluding any other damage or loss whatsoever. More specifically, any indirect damage relating, without limitation, to any loss of profit, revenue or goodwill.

6. AMENDMENT

Arianee may amend the contents and information included on the Application as well these Terms of Use, particularly to comply with our legal obligations in force and/or to improve the Application.

The changes will be effective upon Arianee’s publication of the updated Terms of Use. Therefore, we recommend that you read the Terms of Use regularly.

If you do not agree with the new terms of this Terms of Use, you should stop using the Application.

7. SUSPENSION AND TERM

You agree that we may suspend or terminate your access to and use of the Application if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Arianee, its affiliated companies or any third party, with or without notice to you. You agree that Arianee may modify or discontinue providing any of the Application, with or without notice to you. You agree that Arianee will not be liable to you or any third party as a result of such modification or discontinuation.

When the use of the Application ceases for any reason, you are informed and you acknowledge that your Wallet cannot be deleted as it is based on blockchain.

8. GOVERNING LAW AND DISPUTES‍

These Terms of Use shall be governed by, and construed in all respects in accordance with, French law. The Commercial Court of Paris (Tribunal de Commerce de Paris) shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract.

9. CONTACT

For any issue or request or information, please contact us at: support@arianee.org

If you consider that any content of this Application is in breach of your rights or any third party’s rights (e.g., any infringement, breach of privacy), you may send a notice to the following email address: contact@arianee.org.