Mobile Application Terms of Use

PREAMBLE

SAS ALL IN BOX, a simplified joint-stock company with a share capital of €2,667.40, whose registered office is located at Parc des Varimonts, 10 avenue de Thionville, 57140 WOIPPY, France, registered with the Metz Trade and Companies Register under number 838 227 908, represented by Mr Barthélemy JEANROCH, acting as Deputy Managing Director, duly authorised for the purposes hereof, hereinafter referred to as "All in Box".

All in Box publishes a mobile application (hereinafter the "Application") providing access to the All in Box SaaS platform (hereinafter the "Platform"), offered to its Clients as part of their subscription.

These Mobile Application Terms of Use (hereinafter the "Mobile Terms") define the specific conditions applicable to the download, installation and use of the Application. They supplement, without replacing, All in Box's Terms and Conditions of Sale ("T&Cs") and the User General Terms and Conditions of Use ("User Terms"), which remain fully applicable.

ARTICLE 1 — SCOPE

These Mobile Terms apply to any person (Client or User) downloading, installing or using the Application on a mobile device (smartphone, tablet or equivalent).

In the event of any conflict between these Mobile Terms and the T&Cs or the User Terms, the T&Cs or the User Terms shall prevail. These Mobile Terms do not create any new rights for Users beyond those arising from the T&Cs and the User Terms.

ARTICLE 2 — ACCEPTANCE

Use of the Application is subject to the prior and unreserved acceptance of these Mobile Terms, expressed upon the first launch of the Application by ticking the acceptance box provided for this purpose.

Any major update substantially modifying these Terms may require renewed acceptance, under the conditions set out in Article 11.

ARTICLE 3 — DOWNLOAD AND INSTALLATION

The Application is made available via the official application distribution platforms, in particular the App Store of Apple Inc. and the Google Play Store of Google LLC (hereinafter the "Stores").

The download and installation of the Application are subject to the terms and conditions specific to each of the Stores. Apple Inc. and Google LLC are not parties to these Mobile Terms and have no obligation towards the User in respect of the Application, except for those that may be provided for in their own terms.

The User is solely responsible for the compatibility of their device with the Application's technical requirements, as well as for any connection, data-transmission and download costs that may result from use of the Application.

ARTICLE 4 — TECHNICAL REQUIREMENTS

The Application requires a device running an iOS or Android operating system whose version is specified on the relevant Store. All in Box does not guarantee the Application's compatibility with earlier versions, nor its proper operation on devices whose operating system has been subject to unauthorised modification ("jailbreak", "root" and equivalent processes).

Use of the Application on a device modified as described in the previous paragraph is at the User's sole risk. All in Box disclaims all liability for any damage that may result therefrom.

ARTICLE 5 — PERMISSIONS AND ACCESS TO DEVICE FEATURES

The Application may require the User's authorisation to access certain device features, in particular:

Push notifications, to inform the User of events relating to their activity on the Platform;
Geolocation, where necessary for specific features (geo-targeted campaigns, per-location performance tracking, etc.);
The camera, where used for reading barcodes or QR codes or for document-import features;
Local storage, for caching the data necessary for the proper operation of the Application.

The User may, at any time, refuse or revoke these authorisations via their device settings. Refusing certain authorisations may limit or prevent the use of certain Application features.

ARTICLE 6 — UPDATES

All in Box may regularly publish updates to the Application, whether corrections, functional developments or security updates.

It is the User's responsibility to install these updates within a reasonable time. All in Box may cease to provide technical support for, or to guarantee the proper operation of, obsolete versions of the Application beyond a reasonable period following the publication of a new version.

ARTICLE 7 — RIGHT OF USE

All in Box grants the User a personal, non-exclusive, non-transferable and revocable right to use the Application, strictly limited to the duration and scope of the access granted to them by the Client under the T&Cs and the User Terms.

The User shall in particular refrain from copying, modifying, translating, adapting, decompiling or disassembling the Application, from carrying out reverse-engineering operations, except in cases strictly authorised by law, or from creating derivative works of the Application.

ARTICLE 8 — PROHIBITED USES

Notwithstanding the provisions of the User Terms, which remain fully applicable, the User shall not, in connection with their use of the Application:

Circumvent the technical protection measures of the Application or the Stores;
Use the Application in connection with modified devices or for purposes unrelated to its object;
Provide false or misleading information, in particular during authentication or configuration of the Application;
Disseminate, via the Application's features, any content that is unlawful, infringing, defamatory or that infringes the rights of third parties.

ARTICLE 9 — DATA PROCESSED VIA THE APPLICATION

The Application processes the data necessary for its operation, including technical data relating to the device (device identifier, operating-system version, push-notification token) and, where applicable, location data.

The processing of this data is carried out under the conditions defined in Articles 6 and 14 of the T&Cs (for Client data) and in Article 6 of the User Terms (for User data). The User has the rights provided for by the GDPR, under the conditions specified in those documents.

ARTICLE 10 — UNINSTALLATION AND TERMINATION

The User may uninstall the Application from their device at any time. Uninstallation does not entail termination of the T&Cs or the User Terms, which remain fully applicable and accessible via web browser.

If the User's access to the Platform is terminated, the Application can no longer be used. All in Box may implement the technical measures necessary to prevent any residual access.

ARTICLE 11 — AMENDMENT OF THE MOBILE TERMS

All in Box reserves the right to amend these Mobile Terms at any time, in particular to reflect technical, functional or regulatory developments. Amendments are notified to the User upon launch of the Application and may, for substantial amendments, require renewed express acceptance.

ARTICLE 12 — STORE-RELATED PROVISIONS

These Mobile Terms are entered into between All in Box and the User. Apple Inc. and Google LLC are in no way parties hereto.

Apple Inc. and Google LLC are, however, recognised as third-party beneficiaries of these Mobile Terms as regards the User's compliance with the provisions relating to rights of use and prohibited uses. As such, Apple Inc. and Google LLC may rely directly on the corresponding provisions against the User.

In the event of a third-party claim relating to the Application (in particular regarding intellectual property or compliance with applicable regulations), All in Box is solely liable, to the exclusion of Apple Inc. and Google LLC.

ARTICLE 13 — GOVERNING LAW — JURISDICTION

These Mobile Terms are governed by French law.

Any dispute relating to their formation, interpretation or performance which cannot be resolved amicably shall fall within the exclusive jurisdiction of the Commercial Court of Metz, notwithstanding multiple defendants or third-party claims, including for urgent and protective proceedings.