Terms of use
Hairteach App
Use of the App published by AGT implies unreserved acceptance of the following provisions by any End User wishing to benefit from the Services provided by the App, the latest version of which is valid.
ARTICLE 1. Legal identification
The App is published by AGT DIGITAL, a simplified joint-stock company with variable capital, whose headquarters are located 18 rue Félix Faure - 95880 ENGHIEN LES BAINS, registered in the Pontoise Trade and Companies Register under number 791 161 052, acting through its current CEO, Mr Bruno GAUMETOU, duly authorised for present purposes (hereinafter referred to as "AGT").
ARTICLE 2. Definitions
The following terms, whether used in the singular or plural, shall retain the following meaning throughout the present document:
"App"
Means the Hairteach mobile application (for smartphone and tablet) developed and published by AGT, available for download from the platforms Google Play and App Store, including its Tools, for which the End User has a license to use under the terms and conditions stipulated in Article 9 below;
"Customer"
Means the legal entity, acting through its legal representative or, by power of attorney, by a person entitled to engage the legal entity signatory of the Purchase Order;
"User Account"
Means the account created by the End User in compliance with the procedure described in Article 7.2 below, by which the End User accesses the App made available by AGT or, where applicable, the Customer;
"Cut"
Means all of the haircutting techniques and final hair cuts made available to the End User by AGT and/or the Customer, where applicable, that constitute the collection the End User is able to access through the App;
"Creation"
Means the 3D visuals created by AGT using Cuts provided by the Customer for these to be integrated into the App and which collectively constitute the collection of the Customer's Cuts the End User can access through the App;
"Documentation"
Means all documents provided by AGT on the Site or the App, as well as any other written document used to explain how the Services work.
"Data"
Means any information, document, text, software, music, sound, photograph, graphic image, video, message or other material of any kind and in any format collected and then transferred by the User when using the Services provided by AGT;
"Personal Data"
Means, within the meaning of the French Data Protection Act of 6 January 1978 (amended by the Decree of 4 November 1991 and the Act of 6 August 2004 transposing Directive 95/46/EC), any information relating to a natural person who is or can be identified, directly or indirectly;
"Trademark"
Means the following trademarks:
- the French word mark "AGT DIGITAL", belonging to AGT and filed with the French trademark office, INPI, on 31 July 2015 under number 4201015 for goods and services in classes 9, 41 and 42;
- the semi-figurative mark, belonging to AGT and filed with the INPI on 31 July 2015 under number 4201006 for goods and services in classes 9, 41 and 42;
- the French word mark "Hair Teach 3D", belonging to AGT and filed with the INPI on 31 July 2015 under number 4201006 for goods and services in classes 9, 41 and 42;
- the semi-figurative mark, belonging to AGT and filed with the INPI on 31 July 2015 under number 4201006 for goods and services in classes 9, 41 and 42;
- the French word mark "Hairteach", belonging to AGT and filed with the INPI on 27 March 2018 under number 4440841 for goods and services in classes 9, 41 and 42;
- the semi-figurative mark, belonging to AGT and filed with the INPI on 27 March 2018 under number 4440841 for goods and services in classes 9, 41 and 42;
"Services"
Means all of the services that AGT undertakes to provide the Customer, in accordance with what has been detailed on the Purchase Order, under the terms and conditions of the present Contract;
"Tools"
Means all of the internet, server and mobile software components developed and published by AGT, which remains the exclusive owner thereof, or the rights required to use these components, making up the various functions incorporated in the App allowing the Customer to offer Users Services and which are granted to the Customer as part of the present Contract.
"Site"
Means the website located at http://www.hairteach.com;
"End User"
Means any person that holds an End-User License for the App as part of the present Terms of Use and is authorised to use the App and Services, in accordance with the rights the said person has been granted by AGT;
"End User Teacher"
Means any End User who would like to use the App as part of a training course he/she provides and, as such, has extended rights of use to the App, as specified in Article 9 below.
ARTICLE 3. Acceptation of End User - Caveat
The User expressly accepts the present the General Terms and Conditions (hereinafter referred to as the "Terms of Use"), which he/she has read in full.
In any case, the End User shall be subject to the present Terms of Use with the creation of an End User Account by AGT and/or by beginning to use the Services provided by the App. As such, the End User is deemed to have accepted the application of all of the terms stipulated herewith, as well as those present in any document available on the App, incorporated in the present Terms of Use by reference and which govern the End User's relations with third parties and AGT.
The present Terms of Use shall be binding for the duration of the use of the App and until new Terms of Use replace the present terms. The End User also acknowledges that he/she read the legal notice presented on the App prior to using the services it offers.
ARTICLE 4. Agreement on evidence
The End User acknowledges that any recordings or saves (including any connection data) made on the App (hereinafter referred to as the "Electronic Data") shall be deemed to have probative value between the User and AGT. Electronic Data (including the time and date) shall serve as evidence between the parties in the event of a dispute.
As a result, the End User acknowledges the validity and probative value of emails in his/her contractual relations with AGT. Likewise, any notifications sent via the App are binding to the End User as pieces of evidence.
ARTICLE 5. Changes
5.1. AGT reserves the right to change the present Terms of Use in accordance with technical changes to the App or its services, or due to changes in legislation, at its sole discretion.
5.2. Generally, when using the App, the End User will always be subject to the latest version of the Terms of Use accessible to Users at the time of this use. It is the User's responsibility to consult the Terms of Use accessible from each Account as often as necessary.
ARTICLE 6. Breach
Any breach of the present Terms of Use entitles AGT to deny the End User author of the said breach access to the Services provided on the App, and close any End User Account used to access the Services, without prejudice to any indemnities AGT may claim from the author of the said breach.
ARTICLE 7. End User Account
7.1. Downloading
To access the Services provided by AGT via its App, the End User must first download the App from the app store of his/her choice, in compliance with the recommendations outlined under Documentation.
7.2. Registration - Authentication
To be able to use the App, once the User has downloaded the App he/she must first sign in following the identification or registration processes provided.
Internal Users can access the Services by:
(i) directly logging in if they already hold a End User Account and login settings (login name and password)
(ii) registering using the App's online registration form. They must login in and fill in the End User Account registration form in good faith as well as any information required for their identification by any other means, in compliance with the procedure described on the App and/or in the Documentation. In particular, this information may include their:
o Last name,
o First name(s),
o Password,
o Email address.
In this hypothesis, each time a registration is temporarily validated, AGT will send the End User a confirmation email restating the information provided, including his/her login settings (selected email address and password generated by AGT) and, if necessary, any additional information or documents to be sent.
AGT reserves the right to refuse any registration request by a person or entity that does not respect the present Terms of Use, or that does not provide in good faith any information required to sign up to the App.
To register, the End User hereby certifies that he/she:
- For natural persons:
• is aged 16 years or older,
• can freely give his/her consent.
• only for End Users who already have an Account and login settings at the time they first download the App: be a teacher, student, employee or franchisee of a legal entity that has taken out a subscription with AGT;
• only for End User Teachers: exercise a professional teaching activity or be a certified hairdressing teacher or only use the App to exclusively train their own staff.
- For legal entities: have the authority to bind the legal entity.
7.3. End User Account access
End Users may access their End User Account by logging into the App through one of the means made available by AGT, as briefly described below. From this space, End Users can access the various Tools within the App made available by AGT, and, where appropriate, according to the Services to which the Customer has subscribed in the Commercial Proposal.
End Users are responsible for ensuring that the information they provide when registering with the App is accurate, in particular the email address stated in the registration form, given that this information allows them to access their Account. If any information provided is incorrect, the End User may find that he/she is unable to access his/her account, for which AGT will not be held liable.
7.4. Liability of login settings
End Users are responsible for maintaining the confidentiality of their login settings. As such, End Users are reminded that their login settings are strictly personal. End Users are responsible for every use of their settings, whether or not they have effectively or expressly authorised this use. End Users may not assign, lend or transfer their login settings to any third party or allow any third party to connect to their Account.
ARTICLE 8. General Description of Services
AGT is an innovative firm specialised in designing applications for smartphones and tablets to be used by hair professionals wanting to use an innovative self-tutoring approach achieved through interactive 3D learning using various haircutting models and techniques.
As part of its Services, AGT provides its customers with a unique training Solution for smartphones and tables that can be used to handle hair and hair-dressing equipment.
Thanks to the App's various Tools, End Users can
in particular:
- access tutorials presented by renowned hairdressers;
- practice cutting processes in 3D;
- revise a particular technique;
- revise basics in geometry and space;
- track their progress.
The App aims to bolster End Users' image with their clientele and colleagues by adding to their technical skills and ability to use innovative technologies to tutor themselves.
In sum, all of these Services are made available to the End User to allow him/her to optimise his/her downtime at the hair salon by using this as training time, and potentially creating high value added by constantly improving his/her technical skills.
For more information about the App, End Users are invited to visit the Website and/or read the Documentation.
ARTICLE 9. License of Use
9.1. Scope of rights conferred
AGT grants the End User, who accepts, for the duration of the use of the App, the non-exclusive, non-transferable and non-assignable right to download and use the App, within the strict limitation of the Areas of Application defined below and, if said End User is part of an AGT DIGITAL group or customer network, according to the Subscription Offer taken out by the Customer in the Purchase Order and in strict compliance with the provisions of the present contract (hereinafter referred to as the "License").
The End User expressly acknowledges that all of the rights related to the technical concepts provided in the documentation compiled by AGT as well as the rights related to the App remain the exclusive property of AGT.
9.2. Areas of Application
The present License is expressly restricted:
- For End Users: to acts solely necessary to download and use the App;
- For End User Teachers: to acts solely necessary (i) to download and use the App, as well as (ii) inform the End User Teacher's students about the App and give them access to this solely as part of their professional activity as a hairdressing teacher.
9.3. Use Restrictions
Use of the App edited by AGT and made available to End Users is subject to the restrictions described below.
The present License is strictly personal and the End User may not assign, transfer or delegate his/her rights or obligations held under the present License without AGT's explicit written consent.
As an indication, without its written consent, AGT prohibits the performance of any of the following operations:
- For End User Teachers:
o sell, hire, lend, make available or assign the App to a third party,
o access the source codes that make up the software components of the App,
o translate, adapt, adjust or modify all or part of the App, export it or combine it with other software applications;
o modify, in particular by decompiling, changing, adapting, in particular by translating, adjusting or generally modiftying all or part of the App;
o practice reverse engineering or disassemble the App, except where this is explicitly authorised by current legislation,
o remove the App's identification or proprietary markings,
o publish any test or performance analysis or assessment about the App,
o use or copy the App in any way not explicily authorised by the present contract.
- For any End User, in addition to the prohibitions listed above, publish, display, disclose, use or provide use of the App in order to share it with third parties.
9.4. Period
Once granted, the present License is granted for the same period as that indicated in Article 3 of the Terms of Use.
9.5. Territories
The present License is granted by AGT to the End User for worldwide use.
ARTICLE 10. Equipment
The User is responsible for the use and maintenance of any telephone or computer equipment or any other device required to access the App, and is solely liable to the costs of this equipment. AGT may not be held liable in the event any equipment is damaged during the use of the App.
ARTICLE 11. Personal data
In compliance with the French Data Protection Act of 6 January 1978, the collection and processing of personal data through the App have been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number: 1909866. Anyone can access this by writing to the CNIL at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by email to decweb@cnil.fr.
The creation of End User Account involves the collection of various personal data from End Users. This data can be used by AGT to:
(i) send newsletters to End Users;
(ii) process all or part of the Service offered
(iii) send information about the App, its updates and changes, or, by a personal message to the End User (iv) send commercial offers to his/her
partners.
In compliance with the Data Protection Act of 6 January 1978 on information technology, data files and civil liberties, amended by the Act of 6 August 2004 (Art. 5), End Users have the right to access, modify, correct or remove their personal data. They may exercise these rights by contacting AGT by post at AGT DIGITAL, 18 rue Félix Faure, 95880 ENGHIEN LES BAINS; by telephone on +33.9 83 64 44 61, or by email at
contact@agtdigital.com.
ARTICLE 12. Intellectual property
12.1. Respect of intellectual property rights
AGT is the holder of all the intellectual property rights used to run the App, and more generally all of the elements reproduced or used on the App are protected as intellectual property (the "Elements").
It is strictly forbidden to reproduce, represent, use or adapt, in any form whatsoever, all or part of these Elements without AGT's prior written consent. The fact that AGT does not initiate formal proceedings immediately after learning of any unauthorised use does not constitute an acceptance of the said use nor a waiver of any legal action.
12.2. Respect of Copyright © - Links (belogning to AGT or its Partners)
The App respects copyright law and related rights, hereinafter referred to as "copyright". All copyrights of the protected work reproduced and presented on the App, and the Creations in particular, are reserved worldwide. It is forbidden to use the work other than for personal and private reproduction or consultation, unless otherwise authorised.
12.2.1. Paper reproduction
It is forbidden to reproduce (print) pages of the App onto paper, unless AGT has given its explicit written consent.
12.2.2. Electronic reproduction
It is forbidden to copy all or part of the App onto an electronic medium.
12.3. Restrictions
All Trademarks and other intellectual copyrights pertaining to the App content (including information, text, images, copyrights, drawings and models) as well as the App structure belong to AGT, or their owner has granted AGT the use thereof. It is strictly forbidden to use this content and related intellectual property rights without AGT's prior written consent. All of these rights are reserved.
The User undertakes to respect AGT's intellectual property rights for each of AGT's Application Services and ensure third parties respect these rights.
To do so, the End User undertakes in particular to:
- Not practice reverse engineering, decompile or disassemble the App, software programme(s) and solution(s), except where
this is expressly authorised by current legislation;
- Not modify, alter, adapt or make any changes of any kind to the presentation and content of the App or the software programme(s) and solution(s);
- Not change, delete or alter in any manner or for any reason whatsoever AGT's distinguishing marks, such as the Trademark, trade name, logos, etc. displayed on the App and its presentation, namely not delete the App's identification and proprietary notices.
- Not delete or change the names of contributors as shown on the presentations or in the content of the App and software programme(s) and solution(s);
- Not hire, lend or use the software programme(s) or solution(s) with the aim to share these or make them available to third parties that are not Users, as part of a timesharing service or service bureau;
- Not use or copy the software programme(s) or solution(s) in any manner not explicily authorised by the present notice.
The End User undertakes to immediately inform AGT any breach of the latter's intellectual property rights that he/she may have noticed.
The End User acknowledges and accepts that access to the Site, App and software programme(s) and solution(s) made available by AGT do not constitute in any manner the assignment or transfer of intellectual property rights (Trademark and copyrights in particular) and other rights to the End User.
It is strictly forbidden to reproduce, distribute, transfer, publish, provide access via a link or hyperlink, change, adapt or correct the App in any manner whatsoever without AGT's prior written consent.
Any breach of the present clause may constitute an infringement of the copyright, Trademark or other intellectual property right under which the End User may be liable to civil and/or criminal penalties.
ARTICLE 13. Notification
All notices and notifications detailed in this Contract must be sent to the address present at the head of this document for AGT, and to the address provided by the End User when subscribing to the Services, updated as necessary, in compliance with the provisions of the present Contract.
All notices made in application of the present Contract will be deemed to be valid and received under the following conditions:
- email - on the day it is sent;
- registered mail with acknowlegement of receipt - the day after the date shown on the return receipt.
ARTICLE 14. Disputes and jurisdction
The Contract is subject to French law.
Any disputes arising from the present Contract will be submitted, prior court proceedings, to one or several mediators, where each Party to the present Contract shall appoint a mediator unless they argee to a single choice.
For this purpose, should they not agree, one of the Parties shall inform the other by registered mail with acknowledgement of receipt the name of the suggested mediator, whereby the other Party will have eight days in which to appoint their mediator; failure to repsond within this period will constitute the second party's acceptance of the choice of mediator proposed by the first party.
In the established failure by the Party referred to in the reception or collection from the Post Office of a notice sent by registered mail with acknowledgment of receipt, the said notice may be carried out by any means.
Within a maximum period of three months starting from their appointment, the mediator(s) shall endeavour to resolve the dispute and to have the Parties accept an amicable agreement.
Whatever the outcome of the said amicable conciliation, the mediator(s) shall draw up the minutes of the conciliation or non-conciliation and have these signed.
Should an agreement not be reached within the set period and subject to the production of the non-conciliation minutes, the dispute shall be brought before the commercial court governing the place of AGT's headquarters on the day of the summons, which must note the production of the said minutes duly signed for the purposes of ruling the dispute.