Terms and conditions
These terms and conditions ("Agreement") establish the general terms for your use of the mobile application "Popup" ("Mobile Application" or "Service") and any related products or services (collectively, "Services"). This Agreement is legally binding between you ("User," "you," or "your") and Walk Safe Ltd ("Walk Safe Ltd," "we," "our," or "us"). If you enter into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case the terms "User," "you," or "your" will refer to that entity. If you do not have such authority or do not agree to the terms of this Agreement, you must not accept this Agreement and may not access the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Walk Safe Ltd, even though it is electronic and not physically signed by you, and it governs your use of the Mobile Application and Services.
Accounts and Membership
If you create an account in the Mobile Application, you are responsible for the security of your account and all activities that occur under this account and all related actions. We may, but are not obligated to, monitor and review new accounts before you can log in and start using the Services. Providing false contact information may result in the termination of your account. You must notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any acts or omissions on your part, including damages of any kind resulting from such acts or omissions. We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated any provision of this Agreement or that your conduct or content may harm our reputation and image. If we delete your account for these reasons, you will not be able to re-register for our Services. We may block your email address and IP address to prevent any new registration.
Billing and Payments
You will be responsible for paying all fees or charges on your account in accordance with the fees, charges, and billing terms in effect at the time such fee or charge is due and payable. When Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you provide your billing details (which may be required before the free trial begins). If auto-renewal is enabled for the Services you have subscribed to, your payment information will be securely stored, and you will be automatically charged according to the duration you selected. Sensitive and private data exchanges are conducted via a secure SSL communication channel and are encrypted and protected by digital signatures. The Mobile Application and Services also comply with PCI vulnerability standards to create a secure environment for Users. Regular malware scans are performed for enhanced security and protection. If, in our opinion, your purchase constitutes a high-risk transaction, we may request a copy of your government-issued photo ID and possibly a recent bank statement for the credit or debit card used for the purchase. We reserve the right to modify products and product prices at any time.
Exactitude des informations
There may be information in the Mobile Application containing typographical errors, inaccuracies, or omissions regarding product descriptions, prices, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We have no obligation to update, modify, or clarify information in the Mobile Application, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Mobile Application should be construed as indicating that all information in the Mobile Application or Services has been modified or updated.
Third-Party Services
If you choose to activate, access, or use third-party services, be aware that your access and use of these other services are governed solely by the terms and conditions of those services, and we do not endorse, are not responsible for, and make no representations regarding any aspect of these other services, including but not limited to their content or how they handle data (including your data) or any interactions between you and the provider of those services. You irrevocably waive any claims against Walk Safe Ltd regarding these other services. Walk Safe Ltd is not liable for any damages or losses caused or allegedly caused by or in connection with your activation, access, or use of any other service, or your reliance on the privacy practices, data security processes, or other policies of those services. You may need to register or log in to these other services on their respective platforms. By activating other services, you expressly authorize Walk Safe Ltd to disclose your data as necessary to facilitate the use or activation of those other services.
Advertisements
During your use of the Mobile Application and Services, you may correspond with or participate in promotions from advertisers or sponsors displaying their goods or services through the Mobile Application and Services. Any such activity, as well as any associated terms, conditions, warranties, or representations, are solely between you and the third party involved. We have no responsibility, obligation, or duty regarding any correspondence, purchase, or promotion between you and any third party.
Links to Other Resources
Although the Mobile Application and Services may contain links to other resources (such as websites, mobile apps, etc.), we do not directly or indirectly endorse, associate, sponsor, or affiliate with any linked resources unless expressly stated otherwise. We are not responsible for examining or evaluating, and we do not guarantee the offers of, businesses or individuals or the content of their resources. We assume no responsibility for the actions, products, services, and content of other third parties. You should carefully review the legal statements and other terms of use for any resource you access via a link in the Mobile Application. Accessing external resources is at your own risk.
Prohibited Uses
In addition to other terms outlined in this Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate international, federal, provincial, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our or others' intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Mobile Application and Services, third-party products and services, or the Internet; (h) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (i) for obscene or immoral purposes; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any prohibited use.
Intellectual Property Rights
"Intellectual Property Rights" refer to all present and future rights granted by law, common law, or equity in relation to copyrights and related rights, trademarks, designs, patents, inventions, trade secrets, rights of use, and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and obtain these rights, as well as any similar or equivalent rights or forms of protection, and any other results of intellectual activity existing or future worldwide. This Agreement does not transfer any intellectual property rights owned by Walk Safe Ltd or third parties to you, and all rights, titles, and interests in such property will remain (between the parties) exclusively with Walk Safe Ltd. All trademarks, service marks, graphics, and logos used in connection with the Mobile Application and Services are trademarks or registered trademarks of Walk Safe Ltd or its licensors.
Other trademarks, service marks, graphics, and logos used in connection with the Mobile Application and Services may be third-party trademarks. Your use of the Mobile Application and Services does not grant you any right or license to reproduce or otherwise use the trademarks of Walk Safe Ltd or third parties.
Disclaimer of Warranties
You agree that the Service is provided on an "as is" and "as available" basis and that your use of the Mobile Application and Services is at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; we also do not guarantee the results that may be obtained from using the Service or the accuracy or reliability of any information obtained through the Service or that any defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage or loss of data resulting from downloading such material and/or data. We do not guarantee any goods or services purchased or obtained through the Service or any transaction entered into through the Service, unless otherwise specified. No advice or information, whether oral or written, obtained from us or through the Service will create any warranty not expressly stated herein.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Walk Safe Ltd, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to anyone for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for loss of profits, revenues, sales, reputation, use of content, business impact, business interruption, loss of anticipated savings, loss of business opportunities), regardless of the cause, under any theory of liability, including, without limitation, contract, tort, warranty, breach of legal duty, negligence, or otherwise, even if the responsible party has been advised of the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, Walk Safe Ltd's and its affiliates', directors', officers', employees', agents', suppliers', and licensors' total liability in connection with the Services will be limited to an amount not exceeding one dollar or the amount actually paid in cash by you to Walk Safe Ltd for the month preceding the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for all losses or fails in its essential purpose.
Indemnification
You agree to indemnify and hold harmless Walk Safe Ltd and its affiliates, directors, officers, employees, agents, suppliers, and licensors from any liability, loss, damage, or cost, including reasonable attorney's fees, incurred in connection with or arising out of any claim, allegation, action, litigation, or demand by a third party against any of them due to or related to your Content, your use of the Mobile Application and Services, or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and will be applicable and binding only to the extent that they do not violate applicable laws and are intended to be limited to the extent necessary to avoid making this Agreement illegal, invalid, or unenforceable. If any provision or part of a provision of this Agreement is found to be illegal, invalid, or unenforceable by a competent court, it is understood that the remaining provisions or parts thereof will constitute the agreement of the parties regarding the subject matter of this Agreement, and all such remaining provisions or parts thereof will remain in effect.
Dispute Resolution
The formation, interpretation, and enforcement of this Agreement and any disputes arising out of it will be governed by the substantive and procedural laws of France, without regard to its conflict or choice of law rules and, as applicable, the laws of France. The exclusive jurisdiction and venue for any disputes related to the subject matter hereof will be the courts located in France, and you submit to the personal jurisdiction of those courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which will be at our sole discretion and without obligation; any such assignment or transfer will be null and void. We are free to assign any or all of its rights or obligations under this Agreement to any third party in connection with the sale of all or substantially all of its assets or shares or in connection with a merger.
Modifications and Amendments
We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do so, we will send you an email to inform you. We may also notify you by other means at our discretion, such as the contact details you provided.
An updated version of this Agreement will be effective immediately upon the publication of the revised Agreement, unless otherwise stated. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or any other act specified at that time) will constitute your consent to those changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access the Mobile Application and Services.
Contact Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: