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Terms of Use of the Hopia application.

Published: January 2021, Last updated: February 2023 — Software application app.hopia.eu
Website Terms Application Terms Application Privacy policy
English translation for information only. This document is a courtesy translation. The legally binding version is the French original, available on the French site. In case of discrepancy, the French version prevails.

These Terms govern the use of the Hopia software application (accessible at app.hopia.eu). For the terms applicable to the hopia.eu website, see Website Terms of Use.

1. Legal information

1.1 The Hopia software application (hereinafter the "Software") is published by PLANINNOVIA, a SAS (Société par Actions Simplifiée) with a share capital of €15,000, registered with the Evry Trade and Companies Register (RCS) under number 900 626 706, with intra-Community VAT number FR 32900626706, and whose registered office is located at 3 rue Joliot Curie, 91190 Gif-sur-Yvette (hereinafter the "Company").

1.2 The Company may be contacted by email at: contact@hopia.eu.

1.3 The Publication Director is Mr. Matthias Lesage, in his capacity as President of the Company.

1.4 The Deputy Publication Director is Ms. Victoire Bach, in her capacity as Chief Executive Officer of the Company.

1.5 The Software is hosted by Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg, on servers located in France.

1.6 Amazon Web Services EMEA SARL can be reached by phone at +33 8 05 10 14 20 and by email at aws-EU-privacy@amazon.com.

2. Acceptance of the Terms of Use

2.1 The purpose of this document is to define the terms and conditions (hereinafter the "Terms of Use") under which the Company makes the Software available to users (hereinafter the "Users").

2.2 Use of the Software implies full, complete and unreserved acceptance of these Terms of Use.

3. Use of the Software

3.1 Before any use of the Software, the User must ensure that they have the technical and IT resources required to use the Software. They must also ensure that the configuration of their hardware/equipment is in good working order and free of viruses.

3.2 The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the "Content") appearing on or displayed through the Software.

3.3 The Company may remove, change or modify the Software and/or the Content at any time.

4. User obligations

4.1 By using the Software, Users agree:

  • not to use the Software unlawfully, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
  • not to use the Software to publish insulting, defamatory, harassing, obscene, pornographic or threatening content, and/or content that infringes on the privacy of others;
  • not to sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the elements, information and Content featured on the Software, and/or allow any third party to use or access the Software for any purpose, or to decompile, reverse-engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code, or use any software activating or comprising any part of the Software;
  • to respect other Users;
  • not to collect and store personal data relating to other Users, for any purpose;
  • not to distribute content that could constitute incitement to crimes or offenses, provocation of discrimination, racial hatred, or more generally content that could be contrary to applicable laws and regulations, these Terms of Use, or public morals and public order;
  • not to distribute information of an ideological, religious, political or ethnic-advocacy nature;
  • not to distribute content likely to endanger minors, in particular content of a violent or pornographic nature;
  • not to attempt to mislead other Users by impersonating the name or pseudonym of other persons;
  • not to post, transmit by email or by any other means, any material that infringes any patent, trademark, trade secret, intellectual property right or any other proprietary right belonging to others;
  • not to post, transmit by email or by any other means any unsolicited or unauthorized advertising or promotional material (in particular, "spam" or any other form of solicitation);
  • not to use the Software for abusive purposes by intentionally introducing viruses or any other malicious software, or to attempt to gain unauthorized access to the Software;
  • not to disparage the Software, the Company or other Users on social networks or through any other means of communication.

4.2 If, for any reason, the Company considers that Users are not complying with these Terms of Use, it may at any time, and at its sole discretion, terminate their access to the Software and take any measures, including legal action, against them.

5. Accuracy and lawfulness of information

5.1 Each User undertakes to ensure that all information they provide, in particular information concerning themselves, is adequate, accurate, up-to-date and complete. To this end, they undertake to update it regularly.

5.2 The User acknowledges that the Company does not have the means to verify the truthfulness of all information appearing on the Software.

5.3 The Company therefore cannot be held liable in the event of identity theft, or if the information provided is false or misleading.

5.4 The Company does not guarantee the appropriateness, lawfulness, integrity or quality of information transmitted by Users.

6. Intellectual property

6.1 By accessing the Software, Users expressly acknowledge that the Software and the Content made available to Users, including images, photographs, design, graphics, drawings, models, layouts, logos, trademarks, texts, and so on, are the exclusive property of the Company and are protected by the French Intellectual Property Code as well as by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal legal proceedings.

6.2 The Company is the sole holder of all rights, titles and interests in the Software and the Content, including all intellectual property rights, in particular all rights relating to copyright, design rights, trademarks, signs, trade names, company name, domain names, technology, know-how, processes, formulas, source code and executable code, data and similar rights, including information relating to any application, registration or renewal that may be protected by intellectual property laws or regulations of any country.

6.3 The Company grants Users a non-exclusive license to use the Software and the Content strictly within the scope of these Terms of Use.

6.4 Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or creation of derivative or composite works from all or part of the works and/or any other Content featured on the Software, on any medium and by any means, whether current or future, is expressly prohibited. Such acts may constitute counterfeiting, subject to civil and criminal sanctions.

6.5 Systematic and repeated extraction of the information and Content featured on the Software is strictly prohibited and sanctioned under intellectual property law and the sui generis database right. Any unlawful extraction may engage the civil and criminal liability of its author.

7. Liability

7.1 The Company disclaims any liability for any damage resulting from a fraudulent intrusion by a third party, beyond its control, that has caused a modification or alteration of the information/Content featured on the Software, or that has caused harm to any User of this Software; and more generally for any damage, whatever the cause, origin, nature or consequences, caused by anyone's access to the Software or by the inability to access it, beyond its control.

7.2 The Company may under no circumstances be held liable for technical problems or failures related to telephone networks, online computer systems, servers, Internet service providers, Users' computer equipment and/or software.

8. Information relating to trademarks

8.1 "Hopia" and all trademarks and logos belonging to the Company are trademarks protected by French intellectual property law (collectively the "Trademarks").

Except with the express written authorization of the Company, the User undertakes not to use or distribute the Trademarks in any manner whatsoever. This prohibition extends to all signs reproducing the Company's Trademarks, including but not limited to: company names, trade names, signs, domain names, drawings or models.

9. Protection of personal data

9.1 Provisions relating to the protection of personal data are set out in the Application Privacy policy available on the Software.

10. Governing law and competent court

10.1 These Terms of Use are governed by and construed in accordance with French law, without regard to conflict-of-laws rules.

10.2 In the event of any dispute arising from the interpretation and/or performance of these Terms of Use or in connection therewith, the competent courts shall be those designated by the French Code of Civil Procedure.

11. Language

11.1 These Terms of Use are drafted in French.

11.2 In the event that they are translated into one or more foreign languages, only the French version shall prevail in case of dispute.

12. Contact

12.1 The Company may be contacted at any time by email at: contact@hopia.eu.

12.2 The Company may be contacted by mail at the following postal address: 3 rue Joliot Curie, 91190 Gif-sur-Yvette.