Terms and Conditions of Use and Subscription
Horus Condition Report
These Terms and Conditions shall take effect on 06/21/2016. To consult previous versions, contact us firstname.lastname@example.org
These Terms and Conditions and no others shall apply. The Company reserves the right to amend, supplement or remove provisions of these Terms and Conditions, on the understanding that the version applicable to the User shall be that in force at the time of installation of the Application. In the event of amendment of these Terms and Conditions, the User shall be informed directly by means of a notification. The User is required to consult these Terms and Conditions on a regular basis to check for any amendments that may be made to them, particularly in the event of renewal of a Subscription.
In accordance with the French “Information and Freedoms” Act of 6 January 1978, the User has the right to access, rectify or challenge all personal Data regarding him or her in writing by post, with proof of identity, to: Horus Heritage Services – Lieu-dit Le Bois Saint-Germain – 24800 THIVIERS – France, or at the following email address: email@example.com
In these Terms and Conditions, the following definitions shall apply:
– “Subscription” means the action by the User of making a payment for the Application via the Store, according him or her a right of use for the duration of one (1) year.
– “Application” means a programme published by the Company HORUS HERITAGE SERVICES, downloadable for a fee in an executable form within the operating system of a smartphone or tablet;
– “Device” means the equipment on which the Application is installed, such as a smartphone or tablet.
– “Account” means a personal area at the User’s disposal on the Store, protected by a username and password.
– “Terms and Conditions” means all provisions that apply for the installation and use of the Application.
– “Report” means a document created using the features of the Application to collect a set of information on a work and to reveal its characteristics, particularly damage.
– “Store” means the download and payment platform chosen by the User and linked to the operating system of the Device.
– “Company” means the Company HORUS HERITAGE SERVICES (SAS), headquartered at Lieu dit Le Bois Saint-Germain – 24800 THIVIERS, registered under the number 819 795 535 and with equity of €300.
– “User” means the person who installs the Application Horus Condition Report on one or more devices of smartphone or tablet type for personal or professional use. The User is the owner of the account, as recognized by the Store. In the event of use by multiple persons, the section entitled “Using the Application” sets out rights and obligations in this framework.
The User confirms that he or she has received these Terms and Conditions prior to installation and use of the Application, in a legible and comprehensible form, as well as all the information mentioned in Articles L111-1 to L111-7 of the French Consumer Code (Code de la consummation France, particularly:
– the essential characteristics of the Application, taking into account the communication medium used;
– the compatibility of the Device with the Application;
– the price of the Subscription;
– information regarding the identity of the Company, including its postal and email addresses and telephone numbers, as well as its activities;
– the features of the Application;
– the possibility of recourse to mediation in the event of a dispute;
– information regarding the lack of a right of cancellation, and regarding the terms of termination and other important contractual conditions.
Description of the Application
The Application Horus Condition Report has been developed to address the needs of persons whose personal or professional activities require the production of precise Reports on artworks, in a personalized and accessible format.
A Report is a document of expertise that details the material history of the object. It is a genuine legal document, and must be precise, legible and representative of the work as a whole. The Report allows the User to describe damage to the work, and to provide a diagnosis and prognosis to produce recommendations such as conditions for exhibition, packaging, handling and restoration.
The Report is a tool used to establish the condition of a work at a given moment, for the purposes of transfer it between persons, sale or loan, or of restoration.
The Application Horus Condition Report allows the User to produce a Report that is:
– precise: given the criteria and a dataset offered by the Company, the possibility of taking photographs of the works and of indicating damage directly on them;
– personalized: by allowing the User to insert his or her Logo into Reports, and each person using the Application to indicate his or her name and signature as authors of the Report.
– standardized: by employing all the criteria set down in the AFNOR standard EN 16095:2012);
– flexible: by allowing the User to add criteria and materials, as well as choose the language.
The Application Horus Condition Report allows the User to:
– create Reports directly from a smartphone and/or tablet in the language of his or her choosing;
– produce a precise description of the work: title, author, date of creation, inventory number, typology, owner, collection, materials and techniques, dimensions and weight;
– incorporate photographs of the work, either by importing images or by directly using the in-built camera of the smartphone or tablet;
– insert the User’s logo and signature and/or that of the author of the Report, on the understanding that the signature thus obtained does not have the legal value of a signature with an digital certificate;
– highlight damage on the basis of default and User-specific criteria, and by directly annotating the damage on the photograph using an integrated tool;
– pause Reports to finish them later;
– preview Reports during drafting in order to check information and formatting;
– create Reports based on criteria selected by the Company drawing on AFNOR standard EN 16095:2012;
– send Reports directly from one of the tools of his or her choosing: email from the electronic Device used, messaging service or any other applications installed thereon. Reports are sent in PDF format to the recipient and cannot then be altered.
– duplicate a Report in order to create an amendable copy, make corrections or to produce a return Report on a work. All previous annotations are conserved and the Report can be updated.
– archive all Reports created and/or sent on the smartphone or tablet used. Reports are published in PDF format, the security level of which may be modified by the User using appropriate software.
The section “Protecting archives” specifies terms for the archiving of Reports created and/or sent.
Conditions of access
The Application Horus Condition Report is accessible from the [Apple Store] [or Play Store] to carry out installation and take out a Subscription, the conditions of which are specified below, under “Subscribe to the Application”.
The User must have an Account on the abovementioned Store and comply with all the terms and conditions thereof.
Important: if the User installs and takes out a Subscription in the name of and on behalf of a legal person, an association, an organization or, more generally, for professional use, he or she thereby confirms that he or she possesses the necessary authorizations to accept these Terms and Conditions. The owner of the Account, whether a natural or legal person, shall hold sole liability in the event of failure to comply with these Terms and Conditions.
The Application is compatible with the Apple operating system and requires the iOS7 mobile operating system or a later version that is compatible with iPhone or iPad.
The Application is compatible with the operating system Google Chrome OS Android and requires the mobile operating system 4.3 or a later version that is compatible with the Device used.
The Device must be equipped with an Internet connection to install the Application, although it is understood that its use does not require a connection, apart from during the sending of Reports electronically.
The User bears sole responsibility for purchasing his or her Devices and charges relating to the Internet connection and other telecommunication services of Devices. As such, the Company cannot be held responsible for the incompatibility of the User’s Devices with the Application and for the unavailability of an Internet connection.
Testing the Application
The User may “test” the features of the Application before taking out a Subscription. For the purposes of this test, the User may create one (1) Report without limitations on access to the various functions, upon which the logo and name of the Application will appear.
The User may then either take out a Subscription or uninstall the Application.
Only one test Report is authorized per Account. The use of a third party’s Account for fraudulent purposes, including multiple tests, may engage the liability of all those persons involved in the fraud, and the Company may suspend access to the Application without notice.
Subscribing to the Application
Subscription and renewal are carried out directly from the User’s Account on the Store linked to his or her operating system. They are thus subject to the terms and conditions of the Store.
The Subscription lasts one (1) year, and provides access to all the features of the Application and an unlimited number of Reports.
The amount is displayed on the Store and the Application. Payment must be made from the Store following authentication. The Subscription starts from the date of payment, even if the User does not use the Application.
A confirmation of Subscription, containing information including the amount of the transaction and the period during which the User shall enjoy the Subscription, will be sent automatically by the Store.
In the absence of a means of payment registered on the Store, bank details will be required to take out a Subscription. All bank details will be communicated directly to the Store, on the understanding that the Company shall have no access whatever to them in any way.
The Subscription is associated with the User’s Account and not with Devices. The Application may be installed on all the Devices belonging to the User, so long as they are linked to the Account used to take out the Subscription.
In the event of Devices with different operating systems or Accounts, the User will have to take out a Subscription for each Device, as the Subscription cannot be transferred or reassigned to another Account or another operating system.
Renewing a Subscription
Terms of renewal are provided for and governed fully by the terms and conditions of the Store used by the User. The User must consult all conditions and eventual modifications thereof regularly in order to be aware of them.
The Subscription shall be renewed automatically and the amount shall be debited at the beginning of each period of Subscription, unless the User disables the option “Automatic Renewal” from his or her Account.
– Automatic Renewal activated: the amount will automatically be debited from the User’s Store Account, and the latter will duly receive a confirmation of renewal. The Store will debit the amount of the renewal at most 24 hours before the expiry of the duration of the active Subscription. In the event of an increase in the price of the Subscription, the renewal shall proceed at the new price. For this purpose, the User will be informed of the change and will have to accept it for renewal to proceed. In the absence of acceptance, the Subscription will be terminated.
– Automatic Renewal disabled: the option must be disabled at least 8 hours prior to automatic renewal, otherwise the latter could still take place. If Automatic Renewal is disabled, the User will have to carry out the renewal by making a payment on the Store.
The Subscription shall be renewed automatically and the amount shall be debited at the beginning of each period of Subscription.
They user may, in accordance with the Google Play terms of service, disable the auto-renewal option. In the absence of automatic renewal of the Subscription, the User will have to carry out the renewal by making a payment on the Store in accordance with the abovementioned conditions.
Absence of a right of cancellation
In accordance with Article L121-21-8 of the French Consumer Code, and in the absence of contrary provisions in the terms and conditions of the Store, the User shall not enjoy a right of cancellation after taking out a Subscription. The User expressly agrees to waive his or her right of cancellation vis-à-vis the Company prior to installation of the Application.
Absence of renewal
In the absence of renewal by the User, the Application shall remain accessible from the Device or Devices used. All Reports created and archived will be accessible on the Devices. They may be consulted and exported in PDF format from the Application.
However, the User shall no longer have access to the following features: creation of Reports, incorporation of photographs, or amendment, duplication or sending of Reports.
Using the Application
1) The Application is used to produce Reports on art works. Its use is strictly limited to this purpose.
The Company provides the User with a User Guide which may be consulted here: https://horus-conditionreport.com/en/instructions-for-use/
In the event of use for other purposes, the User runs the risk of immediate suspension of the Subscription and legal proceedings.
2) The Application has numerous features which are set out in the User Guide. As such, the Company informs Users that the Application can be used to insert photographs in JPG format into Reports. These photographs may be taken directly using the camera of the smartphone or tablet, or by selecting them from the file storage of the Device.
The number of photographs in a Report is limited to six (6), and the quality of the image depends on the technical capabilities of the camera or the selected images.
To enable sending of Reports by electronic message or any other means, photographs may be compressed at a rate of up to 80% compared to their initial size, corresponding to a maximum resolution of 1240*1754 which enables printing at 300 dpi.
Photographs will not automatically be backed up on the Device. The User shall have sole responsibility for backing them up and the Company shall in no case be held liable in the event of loss or damage.
3) The User may place his or her Devices at the disposal of employees, unless otherwise stipulated in the terms and conditions of the Store used to take out the Subscription. These employees shall have access to the Application and all features.
As such, the User is strongly advised to encourage all employees or authorized persons to sign and include their names in the Reports they create or send.
4) In the event of difficulties during installation or use of the Application, the User may send a message via the “Help” page. A confirmation will be sent to the User automatically to inform him or her that the request has been received. Request processing time may vary depending on the nature and complexity of the issue.
All Reports shall remain accessible so long as the Application remains installed on Devices. In the event of use of multiple Devices, each Device will have its own archives, not linked to those of other Devices.
The Reports sent are automatically archived in the Application in order to allow the User to consult and duplicate them if necessary.
The Application shall not transfer reports or, more generally, Data to remote servers. Uninstalling the Application from the Device will thus result in the loss of all Data contained in the Application.
The User must independently back up Reports created, drafted and archived, as well as photographs taken within the Application.
The Company cannot access this data, even in the event of a request made by the User.
The User shall bear sole responsibility for saving all data and the Company shall not be held liable in the event of loss or damage.
Updates, changes and maintenance of the Application
The Company reserves the right to change, add, limit or remove one or more features of the Application for the purposes of updates. The User grants the Company the right to carry out updates without prior notification in order to allow it to correct, improve, change or remove certain features of the Application, unless otherwise stipulated in the terms and conditions applied by the User’s Store.
In the event of a change in the version of the Application, a proposal to change the version will be carried out by the Store in accordance with the provisions of its terms and conditions.
As updates or changes to the Application could cause deletion of data stored on the Device, the User should back up all Data independently. The Company shall not be held liable in the event of loss or damage.
During Application maintenance periods, the User agrees that all or part of the Application’s features, as well as Data, may be temporarily unavailable.
The Company shall not be held liable for direct or indirect damages as regards the User relating to updates, changes or maintenance of the Application, or for consequences regarding the User’s Data.
Rights and limits of use
These Terms and Conditions authorize the User to install and use the Application on his or her Device or Devices in accordance with the conditions mentioned in the paragraph “Subscribing to the Application” and with the User Guide provided by the Company here: https://horus-conditionreport.com/en/instructions-for-use/
In the framework of provision by the User (company, organization or association – list not exhaustive) of Devices to employees or authorized persons to carry out their work, the User shall ensure that all user rights and obligations are fulfilled by these persons. Otherwise, the Company may undertake legal action against the User and request compensation.
Legal persons are not authorized to provide the Application to service providers or subcontractors. The latter shall take out a separate Subscription.
These Terms and Conditions do not authorize the User to:
– transfer, provide, rent out, sub-licence or distribute all or part of the Application in any manner, either free of charge or for a fee;
– copy, decompile, reverse engineer, disassemble, deduce or attempt to deduce source code, translate or analyse all or part of the Application;
– create Applications or derivative works based on the Application or its updates.
Guarantee and limitations
The Company shall endeavour to provide a high-quality Application that is compliant with its description. It undertakes to make every effort to ensure the Application is continuously available except in the event of breakdown, maintenance, force majeure or computer errors.
The Application is provided as-is, and its use and purchase take place at the risk and peril of the User.
The Company does not guarantee:
– continuous, rapid and secure functioning of the Application;
– compatibility of the Application with the Devices used and the operating system if the latter does not fulfil the conditions of access set out in the “Conditions of access” section;
– the absence of malfunctions throughout the Subscription, including those due to service interruption, Application errors, and, particularly, in the event of use by the User that does not comply with these Terms and Conditions and the User Guide;
– the protection of Reports and other data saved in the Application, which may then be lost or damaged;
– security or protection, including that of User data, against malicious attacks or fraudulent access;
– precise and certain quality of photographs, especially as they depend on Devices and the conditions of transfer of the system chosen by the User;
– compliance with AFNOR standard EN 16095:2012, especially in the event of changes.
Moreover, the Company cannot guarantee to the User that the Application will fulfil all the latter’s personal requirements. It is the User’s responsibility to ensure that the features are those required for his or her activities and that they fulfil his or her expectations. The User accepts alone the risks relating to the exhaustiveness, relevance and quality of the data entered into the Application and its use more generally.
Responsibilities and limitations
The Company shall not be held liable for:
– indirect damage related to the installation and use of the Application, and, particularly, damage caused to Devices during the installation or use of the Application, to photographs taken and used in the creation of a Report, and more generally all Data inserted or used by the User.
– incidents, failures, or direct or indirect damage of the Store used by the User.
– exchanges of Data between Users of the Application, even of data produced by the Application.
The User bears sole responsibility for his or her use of the Application, the content of Reports, and related risks to third parties. In the event of use by other persons authorized by the User in accordance with the abovementioned conditions, the User remains solely responsible as regards the Company and third parties.
Force majeure means events independent of the control of the parties, that they cannot reasonably be expected to predict, and that they cannot reasonably avoid or overcome, insofar as their occurrence makes the execution of obligations totally impossible.
Termination of the Subscription
After the expiration of the Subscription and in the absence of renewal, the User may no longer as mentioned above access the features of the Application.
Prior to the expiration of the Subscription, either party may terminate the contractual relationship under the following conditions, this list not being exhaustive:
– failure to comply with a provision of these Terms and Conditions;
– violations of the intellectual property rights held by the Company;
– fraudulent use of the test Report;
– material interruption of the Application;
– suspension of the Account by the store for one of the reasons given in its terms and conditions.
The Company shall inform you at least 20 days prior to termination of the Subscription by means of a notification sent directly by the Application, in particular so that you can save all your data.
The Company holds all intellectual property rights attached to the Application. These Terms and Conditions, and the Subscription in particular, involve no transfer of these rights to the User, and no sharing of intellectual property rights. Suggestions and remarks communicated to the Company directly by the User, which may be processed by the Company, shall not confer any intellectual property rights upon the User.
The User shall comply with all these rights and not infringe them directly or indirectly, on pain of legal proceedings and compensation.
If one or more provisions of these Terms and Conditions of Use and Subscription are considered annulled or declared such in accordance with a law, a regulation or a definitive ruling from a competent court, the other provisions shall retain their full force and scope.
Disputes, applicable law and competent courts
These Terms and Conditions are governed by and subject to French law. They are written in French. In the event of translation into one or more languages, only the French text shall be authentic in disputes.
In the event of disputes concerning the validity, interpretation, execution or failure to execute, or the termination of these Terms and Conditions, the Company and the User undertake to do their utmost to settle them amicably.
Failing amicable settlement, competence is expressly attributed to the courts of France and no other.
If the User is a consumer under the French Consumer Code, he or she is informed that he or she may have recourse to conventional mediation: Maître Anne Casimiro : 15 Cours Georges Clemenceau, 33000 Bordeaux, France ; Téléphone : 00335 56 44 28 83.