Terms & Conditions

General Terms and Conditions of Use of the mobile application “Whuups”.

ARTICLE 1 – PURPOSE OF THE GENERAL CONDITIONS OF USE

The purpose of the present general terms of use (hereafter “TOU”) is to define the rules of use of the mobile – web – desktop application “Whuups” (hereafter “the Application”) published by Whuups LLC, legal liability corporation with a capital of US$18,000,000.00, registered under Delaware State File Number 7921642 – HBS Record Number 420701, having its registered office at 16192 Coastal Highway, Lewes, Delaware, 19958-9776 – USA. The director of the publication is Kilian Frans: infos@whuups.com

By installing the Application on your terminal and/or by accessing the Application, you accept without reservation the entirety of these TOU and you undertake to comply with the obligations incumbent on you. In the event that you do not accept the TOU or have reservations, please do not use the Application.

The TOU express the entire agreement between you and Whuups applicable to your use of the Application. Whuups reserves the right to modify these TOU by updating them at any time. The version of the TOU which is applicable between you and Whuups is the one in force at the time of your connection and your use of the Application. We thus advise you to consult this page regularly in order to be aware of the TOU in force when you use the Application.

ARTICLE 2 – PURPOSE AND FEATURES OF THE APPLICATION

The Application allows you to (non-exhaustive):

– Retrieve contacts from your address book.
– Get in touch with your contacts (text messaging, audio call, video call).
– Create groups, and communicate with their participants (text messaging, audio and video call up to 12 people).
– Create events and invite your contacts to participate.

These features can be enriched or modified at any time by Whuups without incurring liability.

ARTICLE 3 – ACCESS TO THE APPLICATION

To access the Application, you must have a mobile device – computer and access to the Internet.

The Application can be downloaded free of charge from the Apple Store, Google Play Store, Amazon.com and Windows 10 platforms on the following mobile devices:

– Mobile phones with the Android® 5.0 or later operating system, or iOS 10 or later.
– Computers with Windows® 7 and higher, or Mac OS 10.10 and higher.
– Whuups Web on the latest versions of the following browsers: Safari, Chrome, firefox, Microsoft® Edge.

The version of the Application software available may be updated at any time to add, modify or remove features and services.

After you install the Application on your device, you only need to sign in using your desktop and web user name and password or the phone number.

You agree to provide true, accurate, and as complete information as possible when using and browsing the Application. You also undertake to update this information as soon as possible in the event of any change in this information.

ARTICLE 4 – USER LICENCE

Whuups grants you a personal right to use the Application and its content. This right is granted on a non-exclusive, revocable, non-transferable, worldwide and free of charge basis and for the sole use of the Application, to the exclusion of any other purpose.

It is strictly forbidden to access and/or use and/or attempt to access or use the source codes or objects of the Application.

You do not acquire any intellectual property rights on the Application or its content, nor any other rights other than those conferred by these TOU.

Whuups reserves the right to delete any content and to suspend any account if it considers it violates its policies or the law, including anything related to intellectual property, defamation, violence, incitement to hatred or pornography.

ARTICLE 5 – PERSONAL DATA

The personal data used are mainly your surname, first name, job title, professional address, telephone number, e-mail address, passport photo, job profile, scheduled projects or those that have already been carried out, your availability.

Your rights of access and rectification can be exercised by sending us an email at infos@Whuups.com.

ARTICLE 6 – INTELLECTUAL PROPERTY

The entire content of the Application is subject to United States, EU and international copyright and intellectual property law.

All reproduction and representation rights related to the Application are reserved by Whuups LLC, including all graphic, iconographic and photographic representations, regardless of the territory of protection and whether these rights have been registered or not.

The reproduction and/or representation of all or part of the Application, whatever the medium, including all trade names, trademarks, logos, domain names and other distinctive signs, is strictly prohibited and would constitute an infringement punishable under the intellectual property code.

The words Whuups, Whuupser, Whuupsers and all logos are registered trademarks of Whuups LLC.

ARTICLE 7 – AVAILABILITY OF THE APPLICATION

The Application is available online 7 days a week, 24 hours a day. However, given the complexity of the Internet network and the influx of Internet users at certain hours, Whuups offers no guarantee of service continuity and cannot be held liable in case of temporary impossibility to access all or part of the Application. No right to compensation is granted under the present terms.

Whuups reserves the right to cease all activity, without notice, without indemnity and at its sole discretion, permanently or temporarily, as well as to provide all or part of the Service or the features of the Application.

ARTICLE 8 – LIMITATION OF LIABILITY – ABSENCE OF GUARANTEE

Whuups undertakes to implement all necessary means to ensure the best possible access to the Application.

You are solely responsible for your identifier. You agree to keep them confidential and not to pass them on to third parties. If you become aware of any unauthorized use of your account, it is your responsibility to immediately inform Whuups by writing to the following address: infos@whuups.com.

In general, you accept and acknowledge that your use of the Application, including the information you share, is made under your sole and entire responsibility.

By using the Application, you agree not to act in a way that is damaging or that has the effect of causing damage to the image, interests or rights of Whuups or to damage or render the Application inoperative.

Whuups cannot be held responsible and cannot be compelled to compensate you for any direct or indirect prejudice resulting from the unavailability of the Application. In this respect, Whuups cannot be held responsible for any damage resulting from the loss, alteration, or any fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behaviour of a third party. It shall not incur any liability as a result of (i) the impossibility of accessing the Application, (ii) misuse of the Application, (iii) saturation of the Internet network, (iv) any malfunctions on the mobile terminals used by you, (v) in the event of force majeure or events beyond its control.

ARTICLE 9 – NON-WAIVER

The fact that one of the parties does not take advantage of a breach made by the other party of any of the obligations referred to in these TOU shall not be interpreted for the future as a waiver of the obligation in question.

ARTICLE 10 – APPLICABLE LAW – LITIGATION

These TOU are subject to the “Blue Sky Law” law of the United States of America.

Any dispute concerning the Application or interpretation of these TOU shall be submitted to the competent court of Lewes, Delaware.

ARTICLE 11 – CONTACT

You can address your questions or remarks regarding these TOU to Whuups by writing to the following address: infos@whuups.com