CGU

GENERAL TERMS OF USE OF SWUMBER

1. General

1.1. Preamble

SWUMBER DESIGNE the name of application defined in the article 1.2 cree by declare CYRIL MATHIEU autobusinessman on the numero 51921522200034 proposer of the secondary services of management of contacts and of communications.

Before achieving Services offered by SWUMBER, please read attentively the present general terms of use (below the «Conditions of Use»). The Conditions of Use have as object the legal supervision of the modalities of provision of Services and the use of Application by the User. They constitute the contract between SWUMBER and the User.

The access to Services by the User assumes the prior acceptance of the Conditions of Use. The User will accept the Conditions of Use there (a) clicking to accept the Conditions of Use or there (b) creating his User Count. In case of non-acceptance of the Conditions of Use the User should not achieve Services offered by SWUMBER.

These Conditions of Use are in force as from the date of acceptance by the User up to their termination by the User or by SWUMBER, in accordance with the article 8 of presents. The User will not be able to accept the Conditions of Use yes (a) the User is not legally authorised to use Application in the country where the User is or (b) if he is not the legal age old requested to conclude a legally restrictive contract with SWUMBER.

1.2. Definitions

« Subscription Operator» indicates the contract of supply of primary service of mobile telephony and of Internet high mobile debit signed by the User to a third operator prior to the use of Services and from which credit (telephone and dated) is deducted when he uses Application.

"Application" indicates the software developed and exploited by SWUMBER and téléchargeable on the platforms of distribution of applications allowing to benefit from Services.

« User count» indicates the personal count created by the User to use Application.

« Conditions of Use» indicate the present general terms of use, the tariff annex as well as the Politics of protection of personal data.

« User Contents» indicate all publications and contents of the User during the use of Application, notably during the publication of messages or of media or, more generally, during the use of functionality of Application which allows the publication of contents.

« Credits SWUMBER» indicate the allowing credits, in some countries, to issue phone calls towards fixed and/or mobile numbers and/or to send SMS.

"Contract" indicates the Conditions of Use.

"Number (s) " indicates the affected Number (s) of mobile telephony (s) to the User by SWUMBER and allowing the identification of the User via Application. The modalities of allocation and of use of the Number are detailed in the article 2.1.

"Service (s) " indicates all the secondary services of management of free or paid contacts and of communications offered by SWUMBER and accessible by the User via its Application in accordance with the Conditions of Use. Services are notably provided via the primary service of mobile telephony given as part of the Subscription Operator on which they are based. Services allow to the User via an innovative interface to manage and to segment its base of contacts and to benefit from functionality moved forward to receive and to issue phone calls, SMS and instantaneous messages (packaging of texts, photos, vocal notes or of videos) from Numbers notably allowing to preserve a high and adaptable degree of confidentiality. The rates of Services make the object of a tariff annex regularly updated according to the evolution of rates and available on the Website at address mentioned below.

"Website" indicates the accessible at site www.swumber.com, exploited by SWUMBER.

"User" indicates the holder recorded by an User Count and the possessor of a licence of use of Application in accordance with the Conditions of Use.

1.3. Object of the Conditions of Use

The Conditions of Use have as object (i) to concede to the User a licence of not exclusive use on the Application of telecommunications developed by SWUMBER and (ii) to define the conditions of use of Application and of Services.

2. use of Application

The use of Application by the User is subordinated to the respect for rules envisaged in the article 2.1. In anticipation, the User reconnait and accepts that the functioning of Application requests the subscription of a Subscription Operator including the possibility of issuing and of receiving phone calls and mobile Internet access high debit which is recovering from its only responsibility in accordance with the article 2.2.

2.1. Conditions of use of Application

To use Application, the User will have to, at first, create an User Count in accordance with modalities envisaged below in the article 2.1.1. The password chosen during the creation of its User Count will allow to the User to be connected of a way reassured in Application in accordance with the article 2.1.2. Later, the User will be able to get to SWUMBER one or several Numbers according to modalities envisaged in the article 2.1.3 and benefit from linked functionality. These different Numbers will be then usable during period given subject to rules relating to their availability and envisaged in the article 2.1.4.

2.1.1.   creation of User Count

The User will have to create an User Count to use Application.

Before the creation of User Count Application must be free downloaded on the platforms of distribution of applications.

From opening of Application, one will ask the User for it to create an User Count.

The creation of User Count is subjected to the subscription of a subscription (for period chosen by the User), subscription minimal length of which is of (1) month, renewable according to modalities envisaged in the article 2.1.4, and price of which appears in the accessible tariff annex on the Website at the address mentioned in the article 1.2 and via the interface of Application. This subscription allows to the User to achieve Services offered by SWUMBER and confers on him a Number with which use and availability are defined in the article 2.1.4. A free periode of trial of 1 week is grant at the time of the subscription of the numero 1st. Subscription can etre arrete has any instant without any freshly during this periode of trial.

To subscribe to Services offered by SWUMBER the User must have a count Paypal (https://www.paypal.com).

The User will then have to choose a password and an identifying. Swumber recommends that the user chooses as identifying his numero of personal motive. This in the eventualite or the user later wants to use his numero own in application Swumber to make calls to rates Swumber. It is recommended to choose a password of six (6) characters at the very least, composed of figures, letters, uppercase letters and symbols. This password remains personal and confidential and will have to be shared with no third notably to prevent any use not allowed by Application and more generally by User Count.

In case of doubts on the confidentiality of his password, the User will immediately have to change his password to protect the security of his User Count.

During the creation of User Count, one will ask the User for it to validate its count. For it, the User will have to give information to his address email. An email containing a link of validation will be sent at this address as soon as possible. On receiving from the email, the User will have to click on aforementioned link to acceder in the subscription of a subscription of commade of numero. Once he will have set subscription up, count will be validated and application prete has etre utilisee. During the validation of count, a credit of 1th (euro) will be overturn free at the account of the user.

The User reconnait and admits that he will be the only one responsible for all activities accomplished on his User Count. It is also the responsibility of the User to answer requests of not solicited information, such as, for example, on its card or its banking co-ordinates.

2.1.2.   connection reassured in Application

Every connection in Application requests the composition of the password chosen by the User during the creation of its User Count described in the article 2.1.1. In case of loss of this password, the User will have to send a request of réinitialisation of the password directly via the homepage of Application. A link allowing this réinitialisation will be sent at address e-mail given by the User during the creation of its User Count.

2.1.3.   subscriptions in Numbers and linked functionality

The User will be able, via the interface of Application, and after creation of his User Count, to see himself affecting one or several Number (s). This Number (s) is paid and decompose into several categories having respectively their own valuable scale appearing in the accessible tariff annex on the Website at the address mentioned in the article 1.2. Subject to the conditions of availability stipulated in the article 2.1.4, these Numbers are appointed to the User for a renewable durre of 1 month automatically. These Numbers allow to issue and to receive calls and SMS towards and from every person having a telephone number subject to limitations enunciated in the following paragraph concerning calls some classes of numbers. These Numbers allow to issue and to receive instantaneous messages only between tenured users des Services of Number (s) with the exception of the persons not having Application.

Services taking the place under no circumstances of the primary service of mobile telephony given by the operator to whom the User signed his Subscription Operator, the User reconnait and accepts that Numbers do not allow to issue calls towards all numbers. Consequently, calls that cannot be issued since Application (that is to say calls towards the special numbers and the urgent numbers) will have to be directly issued since the card SIM given by the operator to whom the User signed his Subscription Operator. SWUMBER reserves the right to allow later to the Users to issue calls towards additional classes of numbers.

As functionality linked to Numbers, every Number can be speeded up or deactivated via the interface of Application to allow every User to manage communications with other Users. The User can, in the same way, hurry up and deactivate the different manners of Numbers (calls, SMS, vocal freight forwarding and instantaneous messages) to favour or to limit some modes of communication.

2.1.4.   availability and use

One or several Number (s) are appointed to the User according to signed subscriptions. These Numbers are subjected to applicable rules in numbering and to regulation practices.

By seeing himself affecting a Number, the User accepts the following rules:

– the User has no right of possession on the Number (s), more than a right to conservation or to final maintaining of the Number (s);

– the user understands that the monthly renewal of subscription will make of maniere subscriber trunk dialling without limitation of duree. Nonwithstanding the stipulations of the previous indent, if the User wants to resilier ongoing subscription, the User must be connected has its personal space on the site of Paypal (http://www .paypal.com) in order to arreter sound or its ongoing subscriptions. No application for reimbursement of costs of SWUMBER will be accept because SWUMBER hires expenses screw has suppliers' screw as the disponibilite of the numero.;

– the User will have to conform permanently to the applicable rules in numbering, and to the particular requirements of allocation of Numbers as well as to all instructions which SWUMBER could address him as regards the Number (s);

– the User has a right of revocable use and exclusively personal of the Number, notably excluding his cession, his sublease, his transfer, or more generally any act of disposition or of safety.

SWUMBER reserves the right to change conditions linked to Numbers, including and limitativement not, in case of failure to observe of the Conditions of Use or else of change of legal provisions and regulation applicable. He could so be asked the User, limitativement not, the supply of additional information to support the access to these Numbers.

2.1.5.   termination of a subscription

To cancel his subscription to one or several Number (s), the User must be connected to the site Paypal and the arreter his subscriptions dregs has SWUMBER.

The access to the cancelled Number stops of the end of the periode of ongoing subscription.

He is added that the termination of a subscription entraine loss of (of) Number (s) object (s) of termination.

2.2. Conditions of access to Services

The use of Application offered by SWUMBER requires in anticipation the subscription of a Subscription Operator to an operator of mobile telephony including the possibility of issuing and of receiving phone calls and mobile Internet access high debit. The subscription of aforementioned Subscription Operator which is necessary to the use of Application raises the only responsibility of the User. Besides, the User will have to give all the equipment necessary for the use of Services, notably a terminal, of type mobile phone, Smartphone, PDA, bar or other one. Application is compatible with terminals having an operating system of recent version.

SWUMBER is under no circumstances responsible for the good functioning of the equipment of the User as well as for the good functioning of the network of the operator to which the User signed a Subscription Operator.

Services are issued by using for networks of the operator to whom the User signed his Subscription Operator as well as network   of the partner of SWUMBER.

2.2.1.   prerequisites of access to the Service of programme and of reception of phone calls

The User reconnait and accepts that the programme and the reception of phone calls request the use of the card SIM and of telephone credit given by the operator to whom the User signed his Subscription Operator.

In accordance with the information which was issued to it at the time of the downloading of Application and during the first received or issued call, the User understands and accepts that calls issued and received since Application on mobile network are deducted and/or invoiced as part of his Subscription Operator in accordance with the stipulations of the article 6.1.2 by the operator to whom he signed his Subscription Operator.

Moreover, the User understands and accepts that calls issued and received since Application are deducted from his Subscription Operator or invoiced over when they are considered to be calls «except fixed rate» by the operator to whom he signed his Subscription Operator.

With a view to clarity and to transparency with the User, SWUMBER points out expressly that even entrants calls (that is to say received) since Application are invoiced as sitting calls (that is to say issued) as part of his Subscription Operator by the operator to whom he signed the Subscription Operator and in the rate in force envisaged by aforementioned operator. This system allows to guarantee to the User the absolute confidentiality of its calls issued and received from Application.

2.2.2.   prerequisites of access to all Services

The User reconnait and accepts that the programme and the reception of calls, of SMS, instantaneous messages or in a general way the use of all Services request or the access to network Wifi or mobile Internet access high debit and credit of dated given by the operator to whom the User signed his Subscription Operator.

Moreover, when the terminal of the User is not linked to a network Wifi but has recourse to mobile Internet access high debit and on credit of dated given by the operator to whom he signed his Subscription Operator, the User understands and accepts that the use of all Services is deducted from credit of dated from his Subscription Operator or invoiced over when it is considered as a consumption of dated «except fixed rate» by the operator to whom he signed his Subscription Operator.

2.3. Borders of use of Application

The User will have to use Application respecting applicable law and is alone representative in case of use of Application for illegal aims.

The User will owe under no circumstances:

– undermine or avoid undermining Application, and notably:

* Use a technique conceived to distort, to corrupt, to change, to disassemble, to erase Application, protocols and communications, such as notably, of viruses, horses of Troy, a poetry, logical bombs, etc.;

* Corrupt or try to corrupt Application, its functionality or its availability;

* By-pass, deactivate or unsettle functions linked to the security of Application and to its integrity (or that of any electronic equipment whatever it is), or functions which prevent or limit the use of the contents of Software;

* Use a system automated to achieve Application.

– download and/or share inappropriate contents (illegal, undermining human dignity, the sexual character, defamatory, insulting, racist or quite other contents possible hire the civil or criminal liability of the person which publishes it);

– devote itself to activities undermining the life deprived of other persons, notably by usurping the identity of another person;

– change, intercept or watch any communication which is not intended for it;

– harvest information since Application which would allow a personal identification including the names of count;

– use Application to send, or to help other persons to send, undesirable messages. All the messages and requests of contact not solicited ("SPAM" are considered to be undesirable, «SPIT or Spam Internet over Telephony», " undesirable mail ", or misleading and fallacious contents) and sent in great numbers, that they are in the form of e-mails, of calls, instantaneous messages or others;

– use Application for aims of hameçonnage (or phishing), of usurpation of identity or of dévoiement;

– use Application to abash, to threaten, to harass or to pervade the private life of a third, or to display a third to shocking, indecent or dangerous contents;

– undermine the rights of intellectual property of SWUMBER, of another User, or of a third party, and notably:

* Use anyhow any contents subjected to rights of possession not belonging to the User, unless this one keeps a licence or an express permission of the owner of rights;

* Sell retail or commercialise Application, while this one is intended for a personal use of the User.

SWUMBER reserves the right to suspend the access of the User to all or part functionality of Application if the use of Services made by the User is abnormal. For example, the use of Services for the realisation of a Marketing countryside for commercial aims, Spamming, the supply of automated services, the resale or the try of resale of Services in thirds constitute necessarily an abnormal use of Services.

SWUMBER assesses if the use of the Services of an User complies with a normal use with regard to the Conditions of use, compared with the use of Services made by other users as well as on the basis of predetermined indicators. So, the programme by the User of more than ten (10) calls in less than two minutes characterises an abnormal use.

Especially, the User admits and admits that in countries in which Services allow to send and to receive SMS and MM free, any excessive use of aforementioned Services can lead SWUMBER (i) to notify to the User the abnormal character of its use of Services and (ii) to suspend the access of the User to Services in a temporary or permanent way, without SWUMBER'S being able to hire the responsibility as this suspension.

 

2.4. Update and suspension of Service

2.4.1.   updates of Application

It is possible that the User has to instal updates to follow the use of Application. These updates will allow to support software compatibility, to offer new functionality or versions of Application, or even to give updates of security or corrections of bugs. SWUMBER reserves the right to prove versions of Application and to download the modifications of shape and the updates of Application. SWUMBER has no obligation to put these updates in disposition of the User. These updates are therefore subjected to the Conditions of Use, unless these updates are accompanied with distinct conditions.

SWUMBER does not guarantee that updated Application is always compatible with the more ancient versions of Application. SWUMBER either does not guarantee to continue taking care of a version of the operating system or of the apparatus for which the User has a Licence.

2.4.2.   suspension and service of Service

SWUMBER reserves the right to suspend provisionally either to limit the use of all or part Application to perform operations of service or of bet at level of Application, or of the subjacent facilities allowing the use of Application, necessary for the continuity of Services or linked to technological evolution.

Safe in an emergency, temporary breaks will be notified, if at all possible, on the Website before they intervene.

SWUMBER will be indebted under no circumstances of damages towards the User in case of suspension or of limitation of the use of Application because of the behaviour of operations of service.

To improve Application, SWUMBER is likely to change her at any instant. SWUMBER is also likely to interrupt the use of Application in some conditions including, in a non-exhaustive way, the impossibility of assuring Service, of problems of external origin which return the installation of the difficult Service either careless, technological progress, the necessity to change Service, or quite other reason was displayed to the article 8.2. As a result the User will have to, in case of modifications, use a version of updated Application.

Besides, the User reconnait whom the borders of use and geographical restrictions can vary. So, it is recommended to the User to consult the Website regularly in order to connaitre more in detail restrictions of use and recent modifications brought in Application.

2.5. Quality of Service

2.5.1.   availability of Service

SWUMBER promises, regarding the User, to assure, in covered zone, an availability of Services at the level of 90 % every calendar month. The availability of Service agrees of the material possibility of issuing or of receiving a communication in following conditions: the User is in a zone habitually covered by Service and its Subscription Operator and has an equipment compatible with Application, lighted and in perfect condition of functioning.

In the hypothesis of an unavailability of Services exceeding 10 % in the course of given month, SWUMBER promises, at the request of compensation correspondent to the article 2.5.5, to allocate to the affected User a compensation equivalent to a month of subscription to affected Service.

2.5.2.   delay of bringing into service

Once User created Count and Number chosen by the User, Service is accessible for the delay maximum of 6 hours.

In case of failure to observe of this delay, SWUMBER promises, at the request of compensation correspondent to the article 2.5.5, to allocate to the affected User a compensation equivalent to a month of subscription to affected Service.

2.5.3.   delay of re-establishment of Service

In case of break of Service, SWUMBER promises to restore Service for the delay maximum of 48 hours. The break of Service agrees of the material impossibility of issuing or of receiving a communication in following conditions: the User is in a zone habitually covered by Service and its Subscription Operator and has an equipment compatible with Application, lighted and in perfect condition of functioning.

In case of failure to observe of this delay, SWUMBER promises, at the request of compensation correspondent to the article 2.5.5, to allocate to the affected User a compensation equivalent to a month of subscription to affected Service.

2.5.4.   safety measures

SWUMBER applies safety measures necessary for the prevention of the incidents and implements means allowing him to react to an incident to limit unavailability of Services and impact on the data of the Users.

2.5.5.   requests of compensation

Any request of compensation will have to be put in SWUMBER in month according to observation to following address: contact@SWUMBER.com

This request of compensation must be formulated in writing and point out precisely dates and the hours of unavailability of Service as well as length during which the User could not have access to Service.

These requests of compensation are not however receivable in following cases:

-   in case of for lack of the User or of bad use by the User and/or his correspondents of Service,

-   in case of bad definition of parametres of Application,

-   in case of use not correspondent to its usage of Application,

-   in case of failure to observe by the User of his obligations aimed at articles 2.3 and 8.2 of the present Conditions of Use,

-   in case of transmission of the radioelectrical signals affected by pressures or borders of the technical norms imposed on the operator to whom the User signed his Subscription Operator or to the operator partner of SWUMBER by the regulation authorities or the competent normative groupings,

-   in case of disturbance or of break not directly attributable to SWUMBER,

-   in case of disturbance and/or of complete or partial unavailability, and/or of break of all or part services offered on networks of the operator of mobile telephony to whom the User signed his Subscription Operator,

-   in case of force majeure in the sense of the case law of the Supreme court of appeal.

These requests of compensation will be treated by SWUMBER at the latest in the month which follows that of their reception.

However, a first answer concerning the compliance of the request of the User will be brought by SWUMBER within ten days.

3. accommodation of the contents of communications

3.1. Contents of communications

This article concerns the transmitted contents, via SMS, instantaneous messages or phone calls.

The data of traffic, such as the date, the timetable and the length of communications, the characteristics of the equipment of communication, or else information allowing to identify the User, can be kept by SWUMBER in accordance with legal provisions and with applicable regulations.

SWUMBER also promises to ensure security, to assure the confidentiality and the integrity of SMS and instantaneous messages in accordance with applicable regulation and lawful obligations.

Nevertheless, the used, stocked contents, transmitted and received by the User thanks to Application are him under his whole responsibility. It is up to the User to watch not to infringe legal provisions and regulation in force, and more particularly by violating rights of possession intellectual attaches with some contents.

3.2. User Contents

The User is alone representative for the usage which he makes or that he intends to make functionality of Application and of User Contents. SWUMBER assures neither control nor promotion of User Contents. SWUMBER takes no responsibility as for these User Contents, whoever it is, including, and without limiting itself to it, media were shared via the use of Application.

Besides, the User reconnait and accepts that SWUMBER practises no control a priori over User Contents, and that he is not kept in a general obligation of surveillance of these contents. Also, SWUMBER practises no control of sites and external sources to which re-run links accessible hyper-texts via Application.

3.2.1.   opinion of withdrawal of User Contents

SWUMBER can receive notifications relating to User Contents which would infringe the Conditions of Use. So, in case of illicit User Contents, or undermining the rights of the User, this last has the possibility of notifying it in SWUMBER to ask for the withdrawal. The User will be alone responsible, in that case, for the complaint which he will have lodged to SWUMBER. The User accepts and admits that any complaint deposited by him will be able to be used as part of possible legal proceedings. The User accepts and also admits that any inexact, wrong or misleading information will be able to hire its civil and criminal liability.

By virtue of European Directive on Electronic Trade n°2000 / 31 / EC of June 8th, 2000 and Law for Confidence in Numerical Economy n°2004-575 of June 21st, 2004, SWUMBER reserves the right, although he has no obligation to control User Contents, to achieve aforementioned User Contents any time and without prior notification, to the respect for the Conditions of Use, to prove any violation or supposed violation of the rights of third, to prove users' responsibility further to individuals' complaints and/or requests of authorities, and to take necessary measures, including temporary suspension or termination of the Contract in accordance with applicable right and with stipulations of the Conditions of Use notably those envisaged in the article 8.2.

Any complaint or notification accusing wrongly User Contents of undermining the rights of the notifying User or the rights of third by knowing the inaccuracy of this statement, returns the notifying User liable by chases. The notifying User could so be condemned for remittance of damages, for expenses or / and at the expense of justice supported by this one, as well as by every holder of rights having suffered a detriment because of the confidence granted by SWUMBER in this misrepresentation. The notifying User, in that case, will be able also, if necessary, to make the object of criminal chases.

4. intellectual Property

Application contains exclusive and confidential information protected by laws and treaties on intellectual property.

SWUMBER keeps the exclusive property of Application and the User stops himself, directly, indirectly either through third, from undermining, from jeopardising, or from limiting, whatever measure it is, rights of possession intellectual whom SWUMBER on Application has. Also any reproduction, representation, adaptation, modification, translation, transformation, broadcasting, integration, in another equipment, business concern or not and/or reuse anyhow all or part elements composing Application is strictly forbidden.

SWUMBER, trademarks and linked logos are commercial marks under the property of SWUMBER. These last cannot be recorded or used so as to denigrate or discredit SWUMBER, or even create a confusion.

4.1. Licensing agreement end user

4.1.1.   licensing agreement

The User benefits, subject to acceptance and to respect for the Conditions of Use, for not transferable, transferable, exclusive, limited customary right, freely, to download and to instal Application on a terminal, of type personal computer, mobile phone, Smartphone, PDA, bar, or quite other apparatus, and to use Application in a personal capacity by means of his User Count. Application is compatible with terminals having an operating system of recent version.

This right is conferred on the User for the duration of the present Contract and on the whole territory in which the User is established.

4.1.2.   borders

The User will not be able and suits of not not:

– concede the licence, sell, give up, rent, export, import, distribute or transfer or grant rights to a third on Application;

– anyhow, to change, to copy, décompiler, to perform engineering reverses, to disassemble all or part elements composing Application, or else to try to divert the source code, or to create writings diverted from all or part Application or its updates, except in cases where applicable law would have it in another way;

– allow or allow modification, creation of stemming writings or of improvements, translation, emulation, piracy, discovery or try of discovery of the source code or of the protocols of Software or any part or function of this last (safe in the measure allowed by law);

– abolish, conceal or change the mention of right of marks or of other mention of property included in Application.

Any action above enunciate will be considered to be a violation of the rights of SWUMBER. If the User contravenes these restrictions, he will be likely to make the object of judicial proceedings and of damages.

These dispositions within this document will govern any update given by SWUMBER who replaces and/or is added to Application, unless this bet at level is accompanied with a distinct licence.

4.2. Protection of personal data

The User will have to refer to the Politics of protection of data personnelles  to get more ample information on collection and use of its personal data.

4.3. Inscription in the universal directory

Because of the object of Service and of linked confidentiality, the inscription in the universal directory will not be performed by SWUMBER

5. obligations

5.1. General

The User promises to use Application in accordance with the stipulations of the Conditions of Use.

Besides, the User promises to pay the price linked to the use of Application and its functionality, in accordance with the stipulations of the article 6 of Conditions of Use.

The User also promises not to undermine integrity and functionality of Application, in accordance with the Conditions of Use, as well as the rights of intellectual property belonging in SWUMBER.

5.2. User Contents

The User will have to respect the Conditions of Use during the use of Application and notably during the publication of messages or of media or more generally during the use of functionality of Application which allows publication, accommodation or distribution of contents.

The User declares and guarantees that he:

– have consents, permissions and necessary licences to use and to authorise SWUMBER to use all royalties, patents, commercial secrets and other rights of possession or rights of of possession intellectual and any User Contents in compliance with the Conditions of Use. So, the User is not authorised to copy, to reproduce, to publish or to use images, text, graphic representations, music, sounds coming from another part without prior approval and express of the owner;

– have permission, consent or permission of the identifiable persons in User Contents before any use, publication, inclusion of the name or personal elements of the persons concerned within User Contents.

By publishing or by downloading User Contents, the User suits and agrees to grant to SWUMBER on these contents a definitive, not exclusive worldwide licence, free from rights, touchy of sublicence and transferable of all rights of use, of modification, of representation, of translation, of working, of edition, of inclusion, of recording, of adaptation, of reproduction and others. This licence is granted for the duration maximum of protection by rights of possession intellectual of the User Contents published or downloaded by the User. The User also grants to every user de l' Application a not exclusive licence to achieve User Contents and to use, to copy, to distribute, to represent, to show or to transmit these contents, and this in compliance with the Conditions of Use of Application.

The User also guarantees to SWUMBER that he keeps all rights and permissions necessary for publication or for downloading of User Contents thanks to Application.

The User guarantees SWUMBER of any claim begun by third parties or other Users in motive than his User Contents would constitute an intellectual or industrial violation of rights of possession demanded by thirds or other Users, SWUMBER who cannot be searched or worried on this subject.

6. terms of payment – Modalities of Refund

6.1. Expenses and rates

6.1.1.   rates

The subscription in every Number is subjected to the payment of a variable inclusive price according to the country to which belongs the numero.

According to the country in which the User is established, the programme of phone calls towards fixed or mobile numbers and the dispatch of SMS can also be subordinated to the purchase of Credits SWUMBER.

All rates applicable to Services, and especially applicable to Numbers and to Credits SWUMBER, are mentioned in the tariff annex of the country of the User regularly updated and available on the Website and via the interface of Application.

SWUMBER reserves the right to change these rates. In that case the User is informed about it by e-mail (1) month before the coming into force of the new rates. If the User refuses the increase of rates applied to one or several Service (s), he can cancel Services in conditions defined in the article 8. If the notification of termination intervenes before the increase of rates, termination will intervene in any case before the coming into force of the new rates. The new rates make the object of a tariff annex regularly updated and available on the Website and via the interface of Application. The User will then be able to accept or refuse these new rates before undertaking the subscription in Numbers. The new rates will be applicable from the first subscription performed after the publication of the new rates.

6.1.2.   promotional Offer

SWUMBER can offer promotional offer for some services for example by giving the unwarranted nature of some of the services during determined period. This promotional offer makes the object of specific conditions.

SWUMBER nevertheless reserves the right to invoice some services to the User in case of excessive use of the terms of offer, notably, and limitativement not, if the User uses means preventing SWUMBER from locating him (proxy, address anonymous IP etc.).

6.1.3.     expenses of thirds

6.1.3.1.   expenses of thirds relating to the programme and to the reception of phone calls

In accordance with the information which was issued to it at the time of the downloading of Application and during the first received or issued call, the User understands and accepts that calls issued and received since Application on mobile network are invoiced as part of his Subscription Operator in accordance with the stipulations of the article 6.1.2 by the operator to whom he signed his Subscription Operator.

Moreover, the User understands and accepts that calls issued and received since Application are deducted from his Subscription Operator or invoiced over when they are considered to be calls «except fixed rate» by the operator to whom he signed his Subscription Operator.

With a view to clarity and to transparency with the User, SWUMBER points out expressly that even entrants calls (that is received) since Application are invoiced according to rates in force.

6.1.3.2.   expenses of thirds relating to the use of all Services

When the terminal of the User is not linked to a network Wifi but has recourse to mobile Internet access high debit and on credit of dated given by the operator to whom he signed his Subscription Operator, the User understands and accepts that the use of all Services is deducted from credit of dated from his Subscription Operator or invoiced over when it is considered as a consumption of dated «except fixed rate» by the operator to whom he signed his Subscription Operator.

6.1.3.3.   expenses of additional and/or possible thirds

The payment of additional and/or possible expenses, especially of expenses of roaming in case of use of Services outside the territory where is established the User, invoiced by the operator to whom the User signed its Subscription Operator falls entirely on the User.

The payment of expenses of thirds raises the unique responsibility of the User.

 

 

 

6.2. Payment

>

The User reconnait and admits that, the subscription in every number is invoiced on a prepaid base. One directly takes a sample from the count Paypal of the user of the price. These subscriptions are automatically seen out. The User will be able to arreter his subscription manually connected has his count Paypal before the expiration of the period of ongoing subscription.

The programme of phone calls, the reception of calls and the dispatch of SMS requests Credits SWUMBER; the User will be able to buy packs of Credits SWUMBER via the site web SWUMBER. The payment will be perform via Paypal. The User reconnait and admits that:

-   Credits SWUMBER are deducted has the second and rounded off to the second superior;

-   Credits SWUMBER expire at the end of 6 (six) months as from their date of purchase. He is added that any new purchase of Credits SWUMBER this delay is not interrupted on the purchase precedent. Swumber decompte the credit in priorite on the purchases of credit the most ancient.;

-   the User cannot transfer his Credits SWUMBER towards another User Count.

 

 

6.3. Politics of refund

6.3.1.   delay of retraction

6.3.1.1.   right of retraction

User understands and accepts there is no possibility to be refunded as soon as a number has been ordered. Indeed, SWUMBER hires expenses for the installation on service (order of the numero) and will not therefore be able to refund the user.

In case of user did not order any number, a refund is possiblein the next 7 days following the order

6.3.1.2.   right of refund

In case of doubt linked to a possible error of invoicing on behalf of SWUMBER, the User will be able to contact services customers of SWUMBER in ninety (90) days according to the invoicing. The User will have the right to no refund for expenses invoiced after this delay.

Any application for reimbursement of costs relating to purchases performed on the platforms of distribution of application must be directly put to the said platforms.

 

SWUMBER reserves the right to refuse any application for reimbursement of costs if he considers (a) that the User abuses this politics of refund notably by performing undue requests, or (b) that the User violated the Conditions of Use, or (c) that the User used Application in a fraudulent way or that his User Count is used in a fraudulent way by a third. In the latter case of face, the User will have to exercise his right of refund to his bank.

6.3.2.   express Renunciation

If the User wishes that the execution of the Contract begins before the end of the delay of retraction, he will inform SWUMBER about it expressly. In that case, if the User exercises his right of retraction in accordance with what precedes, he will be indebted towards SWUMBER of a sum corresponding to the Service given up to the communication of his decision to retract.

7. modifications of the Conditions of Use

SWUMBER informs the User by e-mail of any modification of the Conditions of Use prior to their coming into force. If the User refuses this modification of the Conditions of Use, he can cancel his subscription in three (3) months according to the information of modification, in conditions of the article 8.1.

8. termination – Suspension

8.1. The User puts an end to relation

The User has the possibility of putting an end to his relation with SWUMBER when he wishes him, and by right. In order to do that, the User only has to sound (his) Number (s) directly in Application or to ask for the fence of his User Count directly in Application, and to cancel all recurrent payments.

A confirmation of termination will be transmitted to the User in an e-mail containing its Number as well as the date of real termination.

8.2. SWUMBER puts an end to relation

SWUMBER will be able immediately to put an end to the relation with the User, any time, and without resorting to courts in following cases:

– if the User contravened the Conditions of Use;

– if SWUMBER suspects an illegal or fraudulent use of Application or opposite to the rights of third;

– if SWUMBER suspects that the User tries to take advantage unduly from the politics of refund or from one of other politics of SWUMBER, whatever they are, or to use them ill-advisedly;

SWUMBER will be able to put an end to the relation with the User, any time subject to the respect for a notice minimum of month, and without resorting in courts.

If SWUMBER decides to offer no more particular Service, he will be able to cancel aforementioned Service, subject to the respect for a notice minimum of month, and without resorting in courts.

Any termination of SWUMBER will be notified to the User by means of e-mail.

8.3. Consequences of termination

In the date of catch of effect of the termination of the Contract, this one will have following consequences:

– all licences and rights of use of Application will come to an end;

– the User will have to cease using Application;

– the User will have to abolish the Application of all hard disks, networks and support of stocking, and destroy all copies in his possession, or under his control;

– SWUMBER will be able to block the access to User Count and / or to Application.

The termination of a particular Service will have the same consequences as those aforementioned, which will be limited to the only cancelled Service.

8.4. Suspension

Without prejudice to the possibility of cancelling the Contract, SWUMBER will be able to suspend Services or access to Application on simple written information of the User in following cases:

– if the User contravened the Conditions of Use;

– if SWUMBER suspects an illegal or fraudulent use of Application or opposite to the rights of third;

– if SWUMBER suspects that the User tries to take advantage unduly from the politics of refund or from one of other politics of SWUMBER, whatever they are, or to use them ill-advisedly;

– if SWUMBER suspects that User Count makes the object of a fraudulent use by a third.

9. guarantee and Responsibility

9.1. Absence of guarantee

With regard to the pertinent and applicable legal provisions, Application is given «the state» and will be used at own risks of the User, without any guarantee. In this direction, the User is alone representative for preservation, for security and for integrity of data, equipments and software, as well as of the confidentiality of his passwords and identifiants of User Count and others as part of the use of Services.

SWUMBER takes no responsibility towards any third party or the User concerning contents, this last being the only one responsible for the User Contents which he subjects, creates, shows or publishes thanks to Application.

SWUMBER makes the best efforts to assure the confidentiality of information and of contents published thanks to Application. Confidentiality is any state of reason assured by the provision of the functionality " stealthy Mode " described in the article 2.1.3 or else by the absence of disclosure of the numbers of the addressees of calls issued since Application on the bills of the operator to whom the User signed a Subscription operator.

SWUMBER does not guarantee that Application will be always available, accessible, uninterrupted, reliable, and exempts from errors. Besides, no guarantee is given concerning connections or Internet transmissions, or in the quality of calls passed by means of Application.

The Conditions of Use exclude or do not limit the responsibility of SWUMBER in case of:

– decease or of personal injury;

– Dol or of gross misconduct on behalf of SWUMBER;

If it happened that a third lodges a complaint against SWUMBER in touch with, or following (i) any breach on behalf of the User on the Conditions of Use, (ii) any breach on behalf of the User in any law or applicable regulation, (iii) any violation on behalf of the User of the rights of thirds (including rights of possession intellectual), (iv) its Contents User, or (v) its complaint concerning any User Contents, the User will guarantee SWUMBER of any damage, responsibilities, losses, condemnation, costs and expenses (including legal expenses and reasonable costs) which would follow from it.

9.2. Borders

9.2.1.   for the non-professional User

Subject to articles above and in accordance with the applicable law, SWUMBER could not be kept representative towards the User, which SWUMBER has or not informed about the possibility of such damage or loss for:

– indirect damage and notably any damage, loss, or corruption of data;

– damage resulting from facts of thirds or cases of force majeure (see article 9);

– any claim, any damage or resulting loss of, or linked in:

* The inability of the User to use all or part Application or his functionality;

* The inability of the User to take the necessary measures to come back in contact with urgent services;

* The inability of the User to give with definite information on the physical site in an urgent service;

* The behaviour of the agents of third urgent service and of the centres of calls with which the User is put in contact.

Services taking the place under no circumstances of the primary service of mobile telephony given by the operator to whom the User signed his Subscription Operator, the User reconnait and accepts that Numbers do not allow to issue calls towards all classes of numbers. Consequently, calls that cannot be issued since Application (that is to say calls towards the special numbers, the international numbers and the urgent numbers) will have to be directly issued since the telephone of the User. SWUMBER reserves the right to allow to the Users to issue calls towards additional classes of numbers after the launching of Services.

9.2.2.   for the professional User

Subject to articles above and in accordance with the applicable law, SWUMBER could not be kept representative towards the professional User, which SWUMBER has or not informed about the possibility of such damage or loss, for:

– any indirect damage, and notably, any loss of income, of contracts, envisaged or real benefits, of chance, of brand image or of reputation, of customers or of turnover;

– any damage or any corruption of data;

– any claim, any damage or resulting loss of, or linked in:

* The inability of the User to use all or part of   Application or of its functionality;

* The inability of the User to take the necessary measures to come back in contact with urgent services

* The inability of the User to give with definite information on the physical site in an urgent service;

* The behaviour of the agents of third urgent service and of the centres of calls with which the User is put in contact.

– any damage resulting from facts of thirds or from a case of force majeure (see article 9).

Services taking the place under no circumstances of the primary service of mobile telephony given by the operator to whom the User signed his Subscription Operator, the User reconnait and accepts that Numbers do not allow to issue calls towards all classes of numbers.   consequently, calls that cannot be issued since Application (that is to say in the launching of Application calls towards the special numbers, the international numbers and the urgent numbers) will have to be directly issued since the telephone of the User by using the primary service of mobile telephony given by the operator to whom the User signed his Subscription Operator. SWUMBER reserves the right to allow to the Users to issue calls towards additional classes of numbers after the launching of Services.

The complete responsibility of SWUMBER towards the professional User as part of the Contract will not be able to be superior, every leaders of merged damages, to the sum paid by the User for Services in the course of the period of twelve (12) months preceding immediately the date of survenance of fact at the origin of request in reason.

10. Force majeure

The responsibility of SWUMBER cannot be hired in case nonperformance or delay in the execution of the one or several obligations contained in the present Contract is the fact of a case of force majeure or of a fortuitous case such as defined by the article 1148 of the Civil code and the case law relating to it.

Bad weather exceptional, natural disasters, fires and inundations, the lightning, electronic overvoltages, assassination attempts, internal or external strikes, faults or internal or external breakdowns such as faults linked to the telephone network and all those is considered to be cases of force majeure emanating from the operator of mobile telephony to whom the User signed his Subscription Operator, and generally any overpowering and unforeseen event not allowing the good functioning of Application.

11. Resolution of litigations – applicable law

11.1. claims

SWUMBER puts in the disposition of the Users an accessible help desk by e-mail at following electronic address: CONTACT@SWUMBER.COM.

Any claim must be formulated by the dispatch of an e-mail at following electronic address: CONTACT@SWUMBER.COM. SWUMBER promises to bring an answer to any protest or application for reimbursement of costs under 30 working days from the date of reception of this one. In case of failure to observe of this delay, SWUMBER promises, at the request of compensation correspondent to the article 2.5.5, to allocate to the affected User a compensation equivalent to a month of subscription to concerned Service.

11.2. litigations

In case of following litigation interpretation or execution of the Contract, parts will try hard to search an amicable solution. Every User established in France is informed that he can grab free the Mediator of electronic communications on his Internet site: www.mediateur-.fr of any disagreement with SWUMBER.

In any case, the User can grab any competent jurisdiction in case of litigation following from interpretation or execution of the Contract.

He is expressly added that if the User is a dealer, litigations following from interpretation or execution of the Contract will be subjected to the COURT DEALING WITH TRADE DISPUTES OF PARIS.

11.3. applicable Right

The Conditions of Use are subjected to the law of the country in which the User is established.

He is expressly added that if the User is a dealer, the Conditions of Use will be subjected to French law.