Terms of Use

Use Sunday safely

Sunday puts heart to protect all your data, welcome to the Terms of Use 🙂

LEGAL NOTICE

The SUNDAY solution is published by HOPEN PROJECT, a simplified joint-stock company with a capital of € 3,576, having its registered office at 11 Cours du 30 Juillet 33000 Bordeaux, registered with the Bordeaux Trade and Companies Registry under number 811 939 453 , whose intra-Community VAT identification number is FR 58811939453.

Contact email address: [email protected]

Phone: +33 (0) 6 40 37 16 65

Director of publication: Nelly Meunier

The Solution is hosted on Amazon AWS Paris servers (https: // https: //aws.amazon.com/en/).

ARTICLE 1. DEFINITIONS

For the purpose of these Terms and Conditions, the following terms beginning with a capital letter, used in both the singular and the plural, shall have the following meanings:

Sunday mobile app: refers to the mobile version of the Sunday Solution that can be downloaded for free from the Apple Store or Play Store.

Client: means any natural person or legal person established in metropolitan France who has entered into a contract with the Service Provider to use and provide access to the Solution

Chief of tribe: means any natural person or legal person established in metropolitan France who has in his possession the Sunday Box and the Sunday remote control.

General Conditions: means the present general conditions of use of the Solution made available to the Customer by the Service Provider.

Contract: means the contract for the provision of the SUNDAY Solution and the related material concluded between the Client and the Provider granting to the Customer, who accepts it, the limited, personal, non-assignable and non-exclusive right of access and use of the Solution.

Soft word: means the messages written and sent by the Solution Users.

Provider: refers to the company HOPEN PROJECT that publishes and develops the Solution.

Service: refers to the provision of provision of the Solution by the Provider to the Client and the Users.

Solution: refers to the SUNDAY platform developed, published and made available by the Service Provider, accessible via the website www.sunday.love.

Sunday Box: refers to the TV box containing the entire developed solution. The Sunday Box connects via the HDMI port of the TV.

Remote Sunday: refers to the remote control that allows you to navigate the contents of the Solution.

Tribe: refers to a group of close people using the Solution as a whole.

User: means any person benefiting from access to the Solution upon invitation by the Customer.

ARTICLE 2. PREAMBLE

The Service Provider has developed and edited the Solution intended primarily to allow its Users to share photos, videos, messages or documents with family members or friends directly on their TV screens connected to the Sunday Box.

The Customer, after having taken knowledge of the potentialities, the purpose and the functionalities of the Solution identified in the commercial proposal and having appreciated the opportunity to solicit from the Provider a detailed presentation of the Solution decided to benefit from the provider. The Client acknowledges having received all the information and advice necessary to take the measure of the Provider’s proposal and has ensured the compliance of the Solution to his needs.

It is the responsibility of the Customer to ensure:

the suitability of the Solution for its own needs, in particular on the basis of the indications provided in the documentation provided to it;
that he has the necessary competence for access and use of the Service and the Solution;
it has sufficient bandwidth and access to the network to access the Service and the Solution according to the Provider’s prerequisites.

ARTICLE 3. ACCEPTANCE

These Terms and Conditions come into force on the date of their online publication and are binding on the date of the first use of the Solution by Users.

The General Terms and Conditions are enforceable during the entire period of use of the Solution and until new terms and conditions replace them.

These Terms and Conditions may be subject to change by the Provider. The version of the General Conditions applicable is that in force on the date of use by a User of the Solution.

These General Conditions apply without restriction or reservation to all Services provided by the Service Provider to any User of the Solution, to the exclusion of all other conditions.

These Terms and Conditions are accessible and printable at any time by a direct and permanent link on the Provider’s website.

Access and use of the Solution implies knowledge of these Terms and Conditions and leads to their irrevocable and unreserved acceptance by ticking the box provided for this purpose before the implementation of the proposed Solution.

Any User refusing all or part of these Terms and Conditions must absolutely renounce any use of the Solution.

ARTICLE 4. PURPOSE

The purpose of these General Conditions is to define the conditions of access and use of the Solution.

The Solution allows you to share photos, videos, messages or documents on a TV screen. The Solution is accessible via the Sunday Mobile App. The Sunday Mobile App must be paired with a Sunday Box, which connects to a TV screen.

It’s about creating a Tribe and inviting loved ones to join it. Each member of the Tribe will then be able to share their photos and videos via the Sunday mobile app. All shipments appear directly on the TV screen of the tribal leader.

To notify a User of the arrival of each new photo or video, the heart of his Sunday Remote lights up.

The user easily finds all the items on his TV screen and can watch them again when he wants.

The Tribal Chief likes his favorite photos with the “heart” button on his Sunday Remote and a “heartbeat” appears on the mobile phone of the sender of the message.

In the personal account of the User, there are the shipments of other members of the Tribe.

With the Solution you can:

Create a Tribe
Invite relatives to join this Tribe;
Share photos with soft words and videos on the TV screen of the Chief of Tribe;
Discover every day the shipments of other members of the Tribe on personal space.

Gather around your tribal leader to share friendly moments and create a personalized TV channel, all together!

Send us your questions and suggestions (or send us soft words!) To [email protected]

This app works with the Sunday Box, available at www.sunday.love.

ARTICLE 5. CONDITIONS OF ACCESS TO THE SOLUTION

5.1. AUTHENTICATION

To access the Solution the User must first register and create a user account.

In order to register, the Customer will send him, by email or SMS, a link allowing him to connect to the Solution.

The User agrees to complete the registration form in good faith, without resorting to fanciful data, and to provide accurate, up-to-date and complete data.

The Provider, who does not have the means to ensure the identity of people registering on the Solution, can not be held responsible in case of impersonation, use of false quality or any false information.

The User agrees to inform his profile with content on which he holds all intellectual and industrial property rights, which do not violate the rights of third parties and which are not contrary to public order and good morals.

The User is authorized to create one and only one user account. By registering, the User chooses a password for strictly personal purposes and accepts these Terms and Conditions by checking the box provided for this purpose.

When creating a user account, the User must obligatorily communicate the following information in a complete, exact and sincere way, taking care if necessary to keep them up to date:

E-mail or current phone number;
Password.

The Registered User is the only one authorized to use his username and password, that he undertakes to preserve them and keep confidential, under his sole responsibility. The User undertakes to take all necessary measures to ensure complete confidentiality.

The User agrees not to communicate, assign, sell or sub-lease his username and / or password to a third party.

The User is obliged to inform the Provider without delay of any misuse or unauthorized use of his / her username and password and therefore of his / her user account of which he / she is aware. This notification must be sent to the Service Provider by email to the address [email protected] which will then prohibit any access to the Site, by means of this username and password, within a maximum period of twenty-four (24) hours following receipt of this notification.

The User is free to unsubscribe at any time.

5.2. ACCESS

Access to the Solution by the User is either by entering his information after downloading the Sunday Mobile Application, or remotely from the link communicated to Users, after filling in the personal identifiers and passwords.

In the case of an invitation by another User:

A User may invite another User to join a Tribe. To do so, the User wishing to invite another User, address, either by email or SMS, a six (6) digit code that the Guest User must copy / paste in the Sunday Mobile App to join said Tribe.

5.3. OBLIGATION OF THE PARTIES

5.3.1. OBLIGATIONS OF THE USER

The User agrees to lawfully use the Solution, in accordance with the legal and regulatory provisions in force, these General Conditions and the purpose of the Solution.

The User is prohibited from publishing, distributing, storing or transmitting illegal content that undermines:

to people, whether they are other Users or third parties;
intellectual or industrial property rights;
public order and morality.

Minor Users who can use the Solution, users strictly forbid themselves to include violent, pornographic or generally such as to be able to shock or disturb a minor child.

Users undertake, where appropriate, to insert hypertext links that do not refer to illegal content or infringing the rights of third parties.

5.3.2. CUSTOMER OBLIGATIONS

The Customer agrees to pay the fees allowing him access to the Solution that he makes available to Users.

The Customer agrees to use the Solution only in regard to its purpose and purpose.

The Customer undertakes to confer rights of use of the Solution only to the necessary Users.

The Customer undertakes to lawfully use the Solution, in accordance with the legal and regulatory provisions in force, these General Conditions and the purpose of the Solution.

The Customer is prohibited from publishing, distributing, storing or transmitting illegal content that violates:

to people, whether Users or third parties;
intellectual or industrial property rights;
public order and morality.

Minor Users who can use the Solution, users strictly forbid themselves to include violent, pornographic or generally such as to be able to shock or disturb a minor child.

The Customer agrees, if necessary, to insert hypertext links that do not refer to illegal content or infringing the rights of third parties.

The Customer assumes full editorial responsibility for the content sent to Users on the Solution.

Consequently, the Service Provider can not be in any way responsible for, edited content, broadcast, transmitted by the Customer, or target content.

5.3.3. OBLIGATIONS OF THE SERVICE PROVIDER

The Service Provider undertakes to make available to the Clients the Solution.

ARTICLE 6. ACCESSIBILITY OF THE SOLUTION

6.1. TECHNICAL ACCESSIBILITY

The Solution is in principle accessible twenty-four (24) hours a day (24) and seven (7) days out of seven (7) and this all the year without it being an obligation to make imposed on the Provider.

However, the Service Provider reserves the right, without notice, to temporarily suspend access to the Solution, for technical reasons, in particular due to the need to update, modify and maintain it, and to in general, for any other technical and organizational reason.

Consequently, the liability of the Service Provider can not be sought or retained in the event of temporary or total unavailability of all or part of the accesses to the Solution, in the event of loss of data including in particular the users’ favorite documents, in the presence of a difficulty related to the response time, and in general, any performance defect. The Service Provider can never be held responsible for any difficulty in transmissions or, more generally, any disruption of the network. The Provider is not liable for damages of any kind that may result from these closures of all or part of the Site or the services available there.

The Service Provider also reserves the right to make changes and / or improvements and / or changes to its Solution.

For information in the event that the Solution can not be used, the User may contact the Service Provider at the following address: [email protected]

In case of non-compliance with these Terms and Conditions by a User, the Service Provider reserves the right to terminate or terminate without compensation his user account, in particular in the following cases:

provision of inaccurate, incomplete or obsolete information by a User;
publication of infringing content;
improper performance of a storage contract reported to the Service Provider by a Tenant.

6.2. DURATION

Access to the Solution is open-ended, with each party being able to terminate access at any time without notice or compensation.

This right to terminate at any time without notice means in the time limit however the right to use the Solution by the Customer as defined in Article 7. It should be remembered that the Customer remains bound by the provisions of the Contract binding it with the Provider with regard to the early termination of their contractual relationship.

ARTICLE 7. RIGHTS OF USE

The right to use the Solution is granted by the Provider to the Client and the User for the duration of the Contract.

The Solution must be used in accordance with the provisions of the Contract, as well as the instructions and instructions for use, safety and proper operation.

The Solution must be used in accordance with its purpose as specified in Article 4 of these General Conditions, for the sole needs of the Customer and the User and, unless otherwise stated, to the exclusion of any other use, in the limit of the number of Users authorized by the Provider.

The Customer agrees to immediately inform the Provider if the maximum number of users of the Solution exceeds the maximum number of Users authorized by the Provider.

Any use not expressly authorized by the Provider under the Contract is unlawful, in accordance with Article L. 122-6 of the Code of Intellectual Property. It is forbidden for the Customer and the User to:

Any representation, distribution or commercialization of the Solution, whether it is free or expensive;
Any use of the Solution in any way for the purpose of designing, producing, distributing or marketing a similar, equivalent or substitute solution;
Any direct or indirect provision of the Solution for the benefit of third parties, in particular by renting, selling or lending, even for free, or entrusting it to any provider within the framework of an outsourcing, except in the case of prior agreement written by the Provider;
Any use for unauthorized treatment by the Provider.

ARTICLE 8. INTELLECTUAL PROPERTY

Users are and remain the owners of all the data they transmit via the Solution as part of the use of the Service and the Solution.

The Service Provider is and remains the exclusive owner of the property rights relating to any element of the Solution made available to the Customer, as well as more generally than the IT infrastructure (software and hardware) implemented or developed within the framework of the Contract.

The Agreement does not grant the Customer or the Users any ownership of the Solution. The temporary provision of the Solution under the terms of the Agreement can not be considered as the transfer of any intellectual property right to the benefit of the Customer or Users, within the meaning of the French Code of Intellectual Property.

Consequently, the Customer and the Users forbid themselves to dispose of it and more particularly for the Customer to confer rights to third parties, for a fee or free.

Contents, trademarks, drawings, models, images, texts, photos, logos, graphics, software, databases and domain names, related to the Solution, without this list are exhaustive, are the exclusive property of the Provider

These General Terms and Conditions do not carry any assignment of any kind of intellectual property right to the items belonging to the Service Provider.

Any reproduction and / or representation, total or partial of one of these rights, without the express authorization of the Service Provider, is prohibited and would constitute an infringement sanctioned by the articles L. 335-2 and following of the Code of the intellectual property.

The Service Provider declares to hold all the rights necessary for the conclusion of the Contract.

Consequently, the Customer and the User prohibit any act, any act, which may directly or indirectly infringe the copyright on the Solution, which is protected by the Intellectual Property Code.

ARTICLE 9. COUNTERFEIT GUARANTEE

The Service Provider declares and warrants:

that the Solution he has developed is original within the meaning of the Intellectual Property Code;
that it holds all the intellectual property rights that allow it to conclude the Contract.

The Service Provider represents and warrants that the Solution is not likely to infringe the rights of third parties.

In the event of a claim relating to the infringement of the Solution of an intellectual property right in France, the Service Provider may, at its option and at its expense, either replace or modify all or part of the Solution, or obtain the Customer a license to use, in order to enable him to use the Solution, provided that the Customer has complied with the following conditions:

that the Customer has accepted and performed all of its obligations under these Terms and Conditions;
that the Client has notified the Service Provider, within eight (8) days, in writing, the action for infringement or the statement preceding this action;
that the Service Provider be able to defend his own interests and those of the Customer, and to do so, that the Customer collaborates loyally with the Provider by providing all the elements, information and assistance necessary to carry out such a defense.

The provisions of this article define the entirety of the Service Provider’s obligations regarding copyright infringement due to the use of the Solution.

ARTICLE 10. ASSISTANCE AND MAINTENANCE

It will be answered to the User, from Monday to Friday from 9 am to 5 pm by email to [email protected], within a maximum of twenty-four (24) hours.

ARTICLE 11. PERSONAL DATA

These General Conditions are subject to the provisions of European regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (or “RGPD”), as well as those of the law n ° 78-17 of January 6, 1978 modified relating to data processing, the files and the liberties and any other regulation applicable in the matter which would come to supplement or replace them later.

The Service Provider attaches great importance to the protection and respect of privacy and personal data of natural persons.

Due to the provision of SaaS services, the Customer is the controller on behalf of which the Service Provider, a processing subcontractor, implements the processing of personal data of natural persons.

As part of the use of the Solution, the Service Provider is required to collect, as a subcontractor to the processing of personal data, and process personal data of individuals, Users.

The provisions relating to the processing of such personal data are described in the Provider’s privacy policy.

ARTICLE 12. REVERSIBILITY

In the event of termination of the contractual relationship between the Service Provider and the Customer, whatever the cause, the Service Provider undertakes to destroy, free of charge, the first request of the latter made by registered letter with acknowledgment of receipt and within one (1) month from the date of receipt of this request, all the Data belonging to it and stored on the Provider’s server.

Article 13. RESPONSIBILITIES

13.1. Customer’s responsibility

The Customer shall refrain from any act, any act, which may directly or indirectly infringe copyright on the Solution.

The Customer agrees to use the Solution only in regard to its purpose and purpose.

The Customer undertakes to confer rights of use of the Solution only to the necessary Users.

The Customer undertakes to lawfully use the Solution, in accordance with the legal and regulatory provisions in force, these General Conditions and the purpose of the Solution.

The Customer is prohibited from publishing, distributing, storing or transmitting illegal content that violates:

to people, whether Users or third parties;
intellectual or industrial property rights;
public order and morality.

The Customer agrees, if necessary, to insert hypertext links that do not refer to illegal content or infringing the rights of third parties.

The Customer assumes full editorial responsibility for the content sent to Users on the Solution.

Consequently, the Service Provider can not be in any way responsible for, edited content, broadcast, transmitted by the Customer, or target content.

Without prejudice to any damages that may be requested from the Customer in case of non-compliance with these General Conditions, the Service Provider reserves the right to delete, at any time, access to the Solution to the offending Customer.

13.2. Liability of the User

The User agrees to lawfully use the Solution, in accordance with the legal and regulatory provisions in force, these General Conditions and the purpose of the Solution.

The User is prohibited from publishing, distributing, storing or transmitting illegal content that undermines:

to people, whether they are other Users or third parties;
intellectual or industrial property rights;
public order and morality.

Users undertake, where appropriate, to insert hypertext links that do not refer to illegal content or infringing the rights of third parties.

The User assumes full editorial responsibility for the content sent to the Solution.

Consequently, the Service Provider can not be in any way responsible for, any content edited, disseminated, transmitted by the User, or target content.

Without prejudice to any damages that may be claimed from the User in case of non-compliance with these Terms and Conditions, the Service Provider reserves the right to remove, at any time, access to the Solution to the offending User.

13.3. Liability of the service provider

As a hosting provider, the Service Provider is subject to a weakened liability regime provided for in Articles 6-I-2 and following of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.

The Service Provider can not in any way be held responsible for messages and content exchanged between Users and gives no warranty, express or implied, in this regard.

The Service Provider is a third party to correspondence and exchanges between Users and Research Users, and thereby excludes any liability in this regard.

The User acknowledges that the Service Provider is bound by a general obligation of means and can not be held, to the extent permitted by the regulations in force, liable for direct or indirect damages, whatever their nature, which could result from the access to the Solution and its use.

The User acknowledges and accepts, without this list being exhaustive, that:

access and use of the Solution are at the risk and peril of the User;
the Provider does not guarantee the permanent and permanent access to the Solution in view of the particularity of the network and the heterogeneity of the computer system and telecommunications that allow its operation;
the User acknowledges that, in case of violation of any of the provisions of these General Conditions and / or any of the laws and regulations in force, it guarantees the Provider against any dispute, opposition, claim, action , criminal complaint, and in general, against any difficulty that would be seized by the Provider by a third party on the use of the Solution. As such, the User takes responsibility for any conviction and any amount that will be claimed from the Provider on these bases, including the costs of lawyers and possible expertise.

ARTICLE 14. LIMITATION OF THE PROVIDER’S LIABILITY

The liability of the Service Provider is therefore excluded due to damage resulting in particular:

Interruptions, breakdowns, modifications and malfunctions of the Service;
The loss of data or information stored by the Provider, it is the responsibility of Users to take all necessary precautions to retain the content they send via the Solution;
Temporary impossibility of access to the Solution due to technical problems whatever the origin and provenance;
Direct or indirect damage caused to a User, whatever its nature, resulting from the content and / or access, management of use, exploitation, malfunction and / or interruption of the Service;
Abnormal use or illegal exploitation of the Solution by any User;
Attack or hacking, deprivation, removal or prohibition, temporary or permanent, and for any reason whatsoever, of access to the Internet;
the behavior of the Users on the Solution;
information emanating from Users that proves to be inaccurate, incomplete;
the communication by the Users of erroneous or obsolete information;
the content of a message from a User;
the violation of an intellectual property right held by a third party over an element present on the Solution;
stop the Solution.

ARTICLE 15. IMPREVISION

In the event of a change in unforeseeable circumstances at the conclusion of the Contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively costly execution risk may request a renegotiation of the contract to his co-contractor.

In the event of successful renegotiation, the Parties shall promptly issue an amendment to this Agreement formalizing the result of such renegotiation.

In the event of failure of the renegotiation, the Parties may, in accordance with the provisions of article 1195 of the Civil Code, ask the judge by mutual agreement for the resolution or adaptation of the contract.

In the absence of agreement between the Parties to refer the matter to the Judge by mutual agreement within thirty (30) days of the finding of such disagreement, the most diligent Party may refer to the Judge a request for resolution of the this Contract.

ARTICLE 16. FORCE MAJEURE

The parties can not be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

By express agreement, constitutes a case of force majeure, events beyond their express control preventing the normal execution of this contract, such as: generalized power outage on site, no Internet access.

The party observing the event must immediately inform the other party of its inability to perform its service and justify it to it. The suspension of the obligations can not in any case be a cause of responsibility for non-fulfillment of the obligation in question, nor to induce the payment of damages and interests or penalties of delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of thirty (30) days. Therefore, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume as soon as possible the normal execution of their contractual obligations. For this purpose, the party prevented will notify the other of the resumption of his obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a period of thirty (30) days, the present will be purely and simply resolved.

The resolution of force majeure, can not take place only six (6) weeks after the reception of a formal notice notified by registered letter with request for return receipt or any extrajudicial act.

ARTICLE 17. RESOLUTION FOR BREACH OF A PARTY TO ITS OBLIGATIONS

In the event of non-compliance by either party with the following obligations:

Purpose of the Solution (Article 4);
Transmission of offensive or offensive content (Article 5);
Intellectual Property of the Provider (Article 8);
Processing of personal data (Article 11);
Responsibilities of each party (Article 13).

referred to in the articles of these General Conditions, these General Conditions may be resolved at the option of the injured party. It is expressly understood that the resolution for default of a party to its obligations will take place seven (7) days after the sending of a formal notice.

It is understood by the parties that the termination of these General Conditions only concerns the contractual relationship between the Service Provider and the offending User. The termination will have no impact on the storage contracts placed between Users.

ARTICLE 18. APPLICABLE LAW – LANGUAGE OF CONTRACT

These General Conditions and the operations resulting therefrom are governed by and subject to French law.

These General Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.

ARTICLE 19. DISPUTES

Any disputes, to which the General Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between the parties will be submitted to the competent courts under the conditions of common right.

Email

Send us your question by email and we will respond quickly: [email protected]

Phone

You prefer to call us Monday to Friday from 10am to 12am and from 2pm to 6pm, it is here: +336.40.37.16.65

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