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stqr : Terms and Conditions

ARGO, a simplified joint stock company with a capital of 37,312.70 euros, whose registered office is located at 1 place Francis Ponge 34000 Montpellier (France), registered in the Montpellier Trade Register under number 804 465 276 (“ARGO”), reachable by phone at +33 1 84 60 09 60 or by email at [email protected] publishes and operates the ar-go.co sites hosting the presentation of the stqr offer as well as the stqr product that is proposed to ARGO’s Professional Clients.

The stqr Application is a web application for mobiles and tablets allowing its users to digitize printed QR code in order to trigger augmented reality videos and/or other digital services.

The purpose of these Terms and Conditions is to define the terms and conditions under which You (hereinafter the “User“, “You“, “Your“) may use the web Application stqr, published by ARGO SAS (hereinafter “stqr“, “We“, “Our“).

By accessing, downloading, installing and/or using stqr, You agree to abide by all applicable contractual provisions. Consequently, We ask You to carefully read these Terms and Conditions before any access and use of Our services in any manner whatsoever.

If You are a minor, We remind You that You must obligatorily have obtained the agreement of Your parents or Your legal representative(s) before any downloading, installation and/or use of stqr.

If You refuse all or part of one of the obligations or conditions present in these General Terms and Conditions, please do not continue using the stqr Application.

At any time, You may access these General Terms and Conditions on the Application (via the “Menu” or “Help” pages contained in the Application), and store them on Your mobile or tablet.

DEFINITIONS

Each term listed below beginning with an uppercase letter has the meaning ascribed to it by this Article.

“stqr” or “Application

means the web application (for mobiles and tablets) available for free on the url stqr.io

” Enriched document “

means a printed document, in the case of the Application stqr a QR code, that can be digitized by the Application and that can trigger Augmented Reality videos and that can refer to a Digital Service.

“Digitization” or “Digitize”.

means the capture of the Enriched Document by the Application via the camera of Your device. 

“Pictogram” means

means the image on the Enriched Document, here a QR code, indicating to the User that the image can be scanned using the Application.

“Digital Service” means

means the service accessible via the Application, and in particular, the service through which You can refer to an existing URL link, make a call to a telephone number, send an email to a specific email address, record and view an Augmented Reality video, etc.

“Augmented Reality”

refers to the technology that makes it possible to display a virtual image by superimposing it on a physical object using a mobile or tablet.

MODIFICATIONS

We may modify, at any time, all or part of the Application and/or modify these Terms and Conditions. The most recent version of the General Terms and Conditions will be the one available with the latest update of the stqr Web Application.

ACCESS AND USE OF THE WEB APPLICATION stqr

In order to access and use the web application, the User must scan a QR code provided that will open the stqr service on the internet browser of his or her cell phone.

The web Application is provided without any financial consideration, excluding the mobile and/or internet subscription fees that You must pay to Your operator.

ACCOUNT CREATION

Access to and use of the stqr service requires the creation of an account in order to allow the User to modify or delete the video content created and allows the User to Digitize any “stqr” code QR to be enriched, which can be identified by the presence of a Pictogram.

During the creation of the Account, the User is invited to fill in :
– a Name (which does not have to be true)
– an Email address
– a password

The ARGO company, publisher of the web application stqr, undertakes to process the user data for account creation solely for the needs of the execution and the stqr service, and to assist the user in the obligations incumbent upon him/her under the regulations on personal data, taking all technical and organizational measures to ensure the security of the data processed.

The user of the stqr application has the possibility, when creating his personal account, to authorize or not the communication of his email address to the sponsor of the stqr operation (ARGO customer) in order to be contacted by the customer within the framework of the stqr operation only.

USER’S OBLIGATION

You agree to abide by the terms of these Terms and Conditions and acknowledge that you are responsible for the content recorded on the videos that you create and post on the stqr application. You indemnify ARGO against any judgment that may be entered against it and release it from any liability with respect to the content that you publish via the Application.

You agree not to disseminate any content that would infringe the rights of third parties or that would violate in any way whatsoever French law, morality or good manners. In particular, you agree not to publish via the Application any content including

  • elements that do not comply with these General Terms of Use;
  • elements that infringe the intellectual property rights of third parties;
  • defamatory or insulting elements;
  • elements that direct the recipients of the video content to a site, company or organization that is a competitor of ARGO or that contravenes French law;
  • Content that is knowingly misleading and/or knowingly false;
  • content of a political, sexist or religious nature
  • content that is racist or incites racial hatred
  • content of a discriminatory or degrading nature
  • content with erotic, sexual, pornographic or violent connotations;
  • content that violates the protection of minors,

You also agree not to undermine or attempt to undermine the integrity or security of the computer infrastructure on which the web Application and/or Digital Services operate. In this respect, the User undertakes, in particular, to scrupulously respect the following rules:

  • not to download, display or transmit in any way whatsoever any content including computer viruses, worms, Trojan horses, codes or scripts that may harm the integrity or confidentiality of systems and data
  • not to extract any data from the web Application and/or the Digital Services, whether the data is stored by Us or by Our subcontractors or other service providers.

In any event, in the event of a breach of your obligations under these Terms of Use, ARGO reserves the right, in accordance with the regulations applicable to it as a content host, to delete or make access impossible to all illegal content as soon as it becomes aware of it. In this regard, please report any content or behavior that you believe infringes your rights or the rights of third parties either by using the video content reporting feature provided for this purpose or by contacting us at the following address: [email protected]

AVAILABILITY

The stqr Web Application and Digital Services are provided and operate over the Internet and/or mobile networks which are beyond the control of ARGO. ARGO and its subcontractors shall not be liable for the unavailability of the stqr Web Application and Digital Services or any difficulty or inability to download or access content or any failure of the communication system that may render the Web Application and Digital Services unavailable. However, if a technical problem makes it impossible to access the Digital Services, ARGO will use its best efforts to implement all possible technical solutions to restore access.

ARGO reserves the right to interrupt access to the Application for maintenance purposes or for any other reason it deems appropriate, without this suspension engaging its responsibility or giving rise to any right to compensation.

RESPONSIBILITY 

Responsibility of stqr

Stqr is in no way responsible for the content you publish via the web Application.
We do not guarantee in any way the accuracy, quality, legality or suitability for a particular purpose of the Stqr Web Application and the Digital Services.
Due to the special nature of the Internet, We may at any time interrupt or restrict access to the Web Application and the Digital Services due to events beyond Our control.
Should We be held liable for any damages not provided for in this section, Our liability shall be limited to certain, actual and direct damages.
In no event shall ARGO, its officers, employees, agents and partners be liable for any consequential damages resulting from the use of the stqr Web Application and Digital Services, or for damages resulting from the loss of data caused by the inability to use the stqr Web Application.
The Application may contain links to other sites not published or controlled by ARGO, which shall not be responsible for the operation, content or any material present on or obtained through such sites.

Responsibility of the user

The User is responsible for the security and integrity of his hardware and software when accessing the stqr Web Application. The User is solely responsible for the use he makes or intends to make of the Web Application and for any consequences thereof.

INTELLECTUAL PROPERTY 

Web Ownership Application and Digital Services

The Web Application and the Digital Services are owned by Us or licensed to Us by third parties. We (or Our partners) are the owners of all intellectual property rights on both the structure and the content of the web Application and the Digital Services or have (have) regularly acquired the rights allowing their exploitation. Nothing herein grants You the right to use our trademarks, logos, domain names and/or other distinctive signs.
Any unauthorized use of the Web Application and/or the Digital Services may result in civil and/or criminal prosecution and payment of damages.

License to use the web Application stqr

The Web Application may be used by You in accordance with the provisions of these General Terms and Conditions.

The Web Application can be opened on any mobile and/or tablet browser after scanning a QR code. We grant You a personal, non-transferable, and non-exclusive license to the Web Application. This license gives the User the right to access the Web Application and the right to use it within the framework and for the purposes set forth in these Terms and Conditions. Under no circumstances may the aforementioned rights be used for other purposes. In particular, access to the source code of the Web Application or to the software components, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into an Internet site, commercial or non-commercial use and/or reuse in any way whatsoever of all or part of the Web Application without the express written authorization of the ARGO company is strictly prohibited. Apart from the cases provided for by law, it is forbidden to reverse engineer, disassemble or decompile the Web Application or to authorize anyone to do so. The use of any unauthorized automated or computerized tool to access, obtain, reproduce, download, extract, use the Web Application, the Digital Services and their content is strictly prohibited.

Your rights of intellectual property

You acknowledge that you own all intellectual property rights in the data, images, photographs, trademarks, logos and other content that you post to the Web Application and warrant to ARGO that you do so.

RESPONSIBILITY 

Responsibility of stqr

We do not guarantee in any way the accuracy, quality, legality or suitability for a particular use of the web Application stqr and the Digital Services.

Due to the particular nature of the Internet network, We may at any time interrupt or restrict access to the web Application and the Digital Services due to events beyond Our control.

Should We be held liable for damages not provided for in this section, Our liability shall be limited to certain, actual and direct damages.

Under no circumstances shall ARGO, its managers, employees and, in general, its representatives and partners, be held liable for indirect damages resulting from the use of the web Application stqr and the Digital Services, or for damages resulting from the loss of data caused by the impossibility of using the web Application stqr.

Responsibility of the User

The User is responsible for the security and integrity of his or her hardware and software when accessing the web Application stqr. The User is solely responsible for the use that he or she makes or intends to make of the web Application and for any consequences that may arise from it.

ACCESS TO THIRD PARTY SITES AND SERVICES

The Digital Services may contain hypertext links, displayed either manually or automatically, which may direct the User to websites published and managed by third parties. We inform the User that We do not exercise any control or supervision over third party sites, applications and/or content. We are not responsible for the content or services made available on these sites, for security or integrity problems of data, hardware and software as well as for any consequences or damage that may result from the use of said third party sites.

CONFIDENTIALITY AND PERSONAL DATA

We process Your personal data in accordance with applicable data protection laws and regulations and the principles set out in Our Privacy Policy.

You (i) acknowledge that the Personal Information you provide to us is valid, current and adequate and you (ii) agree not to violate the privacy, publicity and protection of Personal Information of any third party.

DURATION AND TERMINATION

You may terminate Your registration to the stqr service at any time as well as Your use of the web Application stqr.

GENERAL STIPULATIONS

Disclaimer

The failure of either party to enforce any right or provision of the Terms and Conditions shall not be deemed a waiver of such right or provision.

Severability

In the event that any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be limited or eliminated to the extent necessary, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

Integral

These Terms and Conditions constitute the entire agreement between ARGO and You concerning the use of the web Application stqr and the Digital Services.

Language

In the event of a dispute over these Terms and Conditions, the French version of the document shall prevail for the interpretation of the said clauses.

APPLICABLE LAW AND JURISDICTION

The present General Conditions are subject to French law.

Alternative Dispute Resolution Policy: in accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, You may address any complaints You may have regarding the Digital Services to the dispute resolution platform put online by the European Commission, accessible at the following URL: https://webgate.ec.europa.eu/odr/main/

Any claim, lawsuit or dispute in connection with the Application will be brought exclusively before the French courts.

HOW TO CONTACT US?

You may contact ARGO’s Privacy Officer at any time regarding any questions about these Terms of Use, the processing of your Personal Information and the exercise of your rights at the following address: [email protected].