General terms and conditions

GENERAL TERMS AND CONDITIONS OF PLEEX ON JUNE 1st 2010

The use of the services proposed by Maeglin Software as well as the use of this site implies full and complete acceptance of these terms and conditions by the user. The use of certain Pleex features implies that the user certifies that he is of legal age in his country and has read and accepted the General Terms and Conditions. The user acknowledges that he has been fully informed and that he is bound by all the provisions of the General Terms and Conditions.

ARTICLE 1. SITE PROPERTY

This site as well as the Pleex and PleexShield softwares are under the exclusive license of Maeglin Software SA, whose registered offices are at Cap Oméga, rond point Benjamin Franklin, 34960 Montpellier, France is registered at the Montpellier Court under number 488 674 144.

ARTICLE 2. PURPOSE

The purpose of these General Terms and Conditions is to define the modalities and conditions under which MAEGLIN SOFTWARE allows Internet and mobile Internet (WAP) users to download the PLEEX software for mobile phones from the site www.pleex.com.

A user is any natural or legal person taking advantage of access to the Internet, mobile Internet and to the www.pleex.com site. Any use of any of the Pleex service implies that the user provided their full and complete acceptance of the General Terms and Conditions.

MAEGLIN SOFTWARE retains the right to modify these user conditions. However, before any modification, users will be notified on the www.pleex.com site. If the user does not accept modifications to the General Terms and Conditions, he/she is free to terminate the service contract.

ARTICLE 3. GENERAL FUNCTIONING

Downloading the software:

In order to have access to downloading, the user must enter the requested information and accept these General Terms and Conditions.

After registration, the PLEEX software may be downloaded in two ways from the www.pleex.com Internet site: the user will receive a SMS sending him to the WAP site, or by going directly to the www.pleex.com/m mobile Internet site. After having installed the software on his mobile phone, the user will then have access to the services proposed by it.

Downloading gives the user a user's license. But in no case does he become owner of the software. Any reproduction or redistribution that does not respect the General Terms and Conditions constitutes an infringement of copyright and will be subject to penal sanctions.

Use of the software:

The software, in its present version, makes it possible to

Back up the user's mobile phone address book and its mobile phone files onto the www.pleex.com Internet site & WAP site
Restore the user’s mobile phone address book and files on its phone
Visualize and manage his address book and files from the www.pleex.com Internet site and WAP site
Share files by backing them up on the servers and sending SMS with a link to friends
Import contacts from sites such as Gmail, Yahoo Mail, Hotmail / Windows Live, and Facebook
Export pictures to sites such as Flickr, Blogger, Facebook, Bebo, Twitter, Picasa, Fotolog, and Tumblr
Export videos to sites such as Youtube and Twitter
Aggregate feeds from social networks such as Facebook and Twitter
Invite friends to join Pleex by SMS

Sites to which to import files or contacts from or export files or contacts to might be added or removed from time to time.

All backups and restoration are done over-the-air and require access to the mobile Internet or a phone equipped with Wi-Fi.

In the case of sending invitation or file sharing SMSs, the user shall:

send no message that may contravene the French Law of July 29 1981, and notably articles 23, 24, 24 bis, 26, 36, 37, 27 and 29
send no message that may contravene article 227-24 of the New French Penal Code punishing the diffusion of messages that are violent, pornographic, or in effect bring prejudice to human dignity,
send a text message only to people wishing to receive this type of message,
send no message to a recipient who may sustain harm resulting from such a message,
not harass in any way whatsoever nor induce in error the recipient of a text message, and respect the recipient’s privacy.

The user of the PLEEX software is solely responsible for sending any messages as well as the contents of messages sent; MAEGLIN SOFTWARE declines all responsibility on this account.

In addition, the PleexShield service let’s you :

Remotely delete the content of the phone
Remotely lock access to the phone

ARTICLE 4. MINIMAL CONDITIONS

The user must be equipped with a mobile phone equipped with a mobile Internet connection in order to access the proposed services. The PLEEX software is compatible with mobile phones referenced midp1.0, 2.0 and with JSR 75 and 120 as well as with phones equipped with the Androïd, Windows Mobile 6.0, 6.1, 6.5, Blackberry, and iPhone operating systems. The list of compatible mobile phones is available on the www.pleex.com site.

In addition, the user is solely responsible for expenses generated by these connections and these accesses. MAEGLIN SOFTWARE and its www.pleex.com site may in no way be held responsible for damages brought about by downloading to the user's computer system and/or telephone.

ARTICLE 5. COSTS & FEES

The costs for this service are:

The fees for the PLEEX service are :

PleexBackup: 15€ per year, including Value Added Tax
PleexShield: 15€ per year
PleexMigrator: 10€ for one month

Connection and Internet data traffic fees: the backup and restoration of contacts and files, and access to the pleex.com mobile Internet site require a mobile Internet connection and a data plan with a mobile operator or a phone equipped with Wi-Fi; these connections are charged at a rate determined by the user’s mobile operator
Access to the www.pleex.com Internet site requires an Internet connection, the charges depend on the user’s Internet Service Provider’s plan
Costs of SMSs: the user can share files with friends or invite friends to join the service by sending them SMSs from the application, the costs of these SMSs are determined by the user’s mobile operator

The users retain the right to cancel their subscription to our services at any time.

ARTICLE 6. PRIVACY AND LEGAL PROVISIONS

MAEGLIN SOFTWARE pledges never to share the user’s personal data and the files and contacts backed up with the service without the express consent of each user, except in case of legal proceedings duly requested by the appropriate authorities.

In compliance with article 34 of the French "Data Protection Law" n°78-17 of January 6th 1978, the user has the right to access, modify, rectify and delete data concerning him. In order to exercise this right, he must direct his request to the address provided on the www.pleex.com site. The www.pleex.com site is registered with the French Data Protection Authority (CNIL) under number 1153324.

ARTICLE 7. RESPECT FOR THE RIGHT OF INTELLECTUAL PROPERTY

The user is prohibited from reproducing, copying, selling, reselling or exploiting for any business purpose whatsoever all or part of the services delivered, images, texts, and logos identifying the www.pleex.com site and the brands Pleex, Pleex Backup, PleexSocial, PleexMigrator, PleexShield, PleexEnterprise, Ipracool, Fidelio. The MAEGLIN SOFTWARE trademarks appearing on the Site are registered trademarks. Any complete or partial reproduction of these trademarks without the express authorization of MAEGLIN SOFTWARE is thus prohibited and will constitute an infringement punishable by articles L335-2 and following of the French Code of Intellectual Property.

ARTICLE 8. CONNECTIONS / LINKS

MAEGLIN SOFTWARE or third parties may include links to other Web sites or other Internet sources. Insofar as MAEGLIN SOFTWARE cannot control these sites and external sources, the user recognizes that MAEGLIN SOFTWARE cannot be held responsible for making these sites and external sources available and cannot be held responsible for the contents, advertising, products, and services, etc., available on or from these sites or external sources.

For further information on the legal provisions of these sites, the user may contact MAEGLIN SOFTWARE directly at contact [at] pleex.com.

In addition, the user recognizes that MAEGLIN SOFTWARE cannot be held responsible for any damages or losses resulting from or with relation to the use of the content available on or from the site.

ARTICLE 9. GUARANTEES

NO ADVICE AND NO INFORMATION, WHETHER IT BE ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE WWW.PLEEX.COM SITE OR DURING USE OF THE SERVICE SHALL CREATE GUARANTEES NOT EXPRESSLY PROVIDED BY THIS AGREEMENT. THE USE OF THE SERVICE IS PROVIDED ON THE BASIS OF AN 'AS IS' SERVICE AND ACCESSIBLE WITH RESPECT TO ITS AVAILABILITY. MAEGLIN SOFTWARE PROVIDES NO EXPRESS OR IMPLIED GUARANTEE.

ARTICLE 10. MISCELANEOUS PROVISIONS

This contract is subject to French law. In case of dispute concerning its interpretation or the execution of any of its provisions whatsoever and lacking an amicable agreement between the parties, the Montpellier, France courts will have exclusive jurisdiction.