Terms and conditions of use - « App & Me » mobile app

1.
Definitions

1.1.
« The Company » refers to the Swiss limited company ‘Fine App SA’, with share capital of CHF 100,040 and registered office at Place Saint-François 1, 1003 Lausanne, Switzerland.
1.2.
« The App » refers to the « App & Me », mobile phone application provided by the Company and available via the App Store (IOS version) and Google Play Store (Android version).
1.3.
« T&C » refers to these terms and conditions of use for the App.
1.4.
« You » / « Your » / « Yours » / « Yourself » relates to any co-contractor of the Company in respect of App users.
1.5.
« Partner Associations » means associations under Swiss law within the meaning of Articles 60 et seq. of the Swiss Civil Code that have entered into a partnership agreement with the Company; the list of Partner Associations is available at the following address: Association Status ; the Partner Associations have, in particular, instructed the Company to recruit new members.
1.6.
« Association » means the association selected by You, through the Application, from among the Partner Associations for membership
1.7.
« Friend » / « Friends » refers to any natural person(s) who meet(s) the conditions of membership, as a supporting member, of the Association or another association under Swiss law which has entered into partnership with the Company, and is not already a member of one of the above-mentioned associations.
1.8.
« First-level Recruit » refers to any Friend of Yours who has rightfully joined the Association, or another association under Swiss law which has entered into partnership with the Company, as a supporting member, using a link or QR code that You have provided, or by entering Your personal alphanumeric code as defined in article 13.6 of the T&C in the menu field of the App designed for this purpose.
1.9.
« Second-level Recruit » refers to any Friend of one of Your First-level Recruits who has rightfully joined the Association, or another partner association under Swiss law which has entered into partnership with the Company, as a supporting member, by entering Your First-level Recruit’s personal code in the field designed for this purpose on the App form.

2.
Object

2.1.
The object of the T&C is:
2.1.1.
to facilitate Your acquisition and use of the App and introduce updates to the App;
2.1.2.
the completion of the Association’s membership formalities;
2.1.3.
the creation, use and closure of user accounts with the Company and participation in the Company’s affiliate program.
2.2.
Using the App enables You to:
2.2.1.
demonstrate your willingness to join the Association in accordance with articles 6.5 and 9 T&C;
2.2.2.
exercise certain rights in your capacity as a member of the Association, and settle your dues;
2.2.3.
participate in the Company's affiliate program (see article 13 T&C) and manage the resulting financial flows if You do participate.

3.
Acceptance of these Terms and Conditions

3.1.
By downloading the App, installing it on your mobile device and/or using it, you consent to be bound by the T&C and signify your acceptance of all the provisions in this document.
3.2.
Any general terms and conditions you may have do not apply.

4.
User licence

4.1.
The Company grants you licence to install and use a copy of the App on any mobile device you own or hold. You are not permitted to redistribute the App, publish it on any download platform, modify it or further develop it in any way.
4.2.
This licence is granted to You on a non-exclusive basis and is of unlimited duration. The licence is personal and non-transferable. It is granted free of charge for worldwide use. The licence expires when you uninstall all copies of the App from every mobile device that you own or hold.
4.3.
The App may include other apps or application modules provided by third parties (messaging, social networks, payment system). These third-party apps or application modules are subject to the intellectual property rights of the third party concerned. They are licensed to you under conditions agreed between You and the third party. However, the liability waivers described below, in article 15 T&C in particular, also apply to the apps and application modules provided by third parties to the fullest extent permitted by law.
4.4.
The Company reserves the right to revoke this licence with immediate effect in the event of violation of the T&C.
4.5.
You understand and agree that the granting of a licence does not affect the ownership or authorship of the Company's intellectual property rights (trademarks, copyrights, etc.) and that these remain the exclusive property of the Company.

5.
Updates to the App

The Company is continuously working to provide You with a tool that meets the latest requirements. Consequently, the Company reserves the right to update the App at any time. This means that the App may evolve over time. The Company may be obliged to remove certain functions for legal reasons or due to repeated abuse by users. New functions may also be introduced to improve Your user experience. You therefore accept any updates that the Company may introduce to the App. You may close Your user account at any time (see article 10 T&C) and uninstall the App (see article 4.2 T&C).

6.
Creating user accounts

6.1.
You will be invited to create a user account with the Company via the App. This account will allow You to identify Yourself and enter into a relationship with the Company. The Company will use Your user account, in particular, to verify Your identity.
6.2.
Note that Your user account on the App is the only legitimate means of entering into a relationship or communicating with the Company. The Company will not respond to any telephone, written or email requests. Please use the 'Contact us' function in the App to send requests to the Company.
6.3.
Your user account is accessed via Your mobile phone.
6.4.
Your user account is also Your means of formally demonstrating Your willingness to join the Association under the conditions outlined in article 9 T&C, and managing all aspects of Your membership of the Association. Relations between Yourself and the Association are governed by the Association’s statutes, which You can view by following this link: Association Status.
6.5.
Creating a user account triggers the Association’s membership procedure, in accordance with article 5 of the Association’s statutes which you can view by following this link: Association Status , and subscription to the conditions outlined in article 9 T&C.
6.6.
The Company will consider all requests sent via Your user account as being from You. Do not allow any third party unsupervised use of Your mobile device. The Company accepts no responsibility for any abusive or fraudulent use of Your user account.
6.7.
Through the affiliate program (article 13 T&C) linked to Your user account (article 6 et seq. of the T&C), You can share certain content with Your Friends and to invite them to become members of the Association too and join the community of users of the App.
6.8.
You can also manage all aspects of Your participation in the affiliate program, as outlined in article 13 T&C, via the App.
6.9.
In addition, You can pay Your Association membership fees by secure transfer via the App, in accordance with the conditions set out in article 12 T&C.
6.10.
Finally, You can exercise, via Your user account, certain rights conferred on You in Your capacity as a member of the Association, once the membership formalities are completed. These rights are set out in the Association’s statutes, which you can view by following this link: Association Status.

7.
Conditions for creating a user account

7.1.
To create a user account, You must (cumulatively):
7.1.1.
be at least 16 years old; 
7.1.2.
be capable of forming your own views;
7.1.3.
not be subject to a restriction of Your civil rights resulting from any decision taken by an authority.
7.2.
Creating a user account is free of charge and open to any natural person who meets the above criteria, irrespective of country of residence or domicile.
7.3.
When creating a user account, we will ask You to identify Yourself by means of Your first name, Your surname and Your email address. It is therefore essential that You have an email address. It is mandatory to provide truthful information.

8.
Conditions of use for Your user account

8.1.
You may not use Your user account to commit any offence under Swiss law or any other applicable law. In particular, it is prohibited to use Your user account for the purpose of money laundering.
8.2.
You are required to appear under Your true identity.
8.3.
User accounts are personal and non-transferable (under any circumstances).

9.
Membership of the Association

9.1.
Membership of the Association is complete once You have paid Your (one-time) supporting-member fee.
9.2.
The rights and obligations of members, including payment of the support-member fee, and management of the Association, are governed by the Association’s statutes, which you can view by following this link: Association Status.
9.3.
By joining the Association, You acknowledge that You have read, understood and unreservedly accept the statutes of this Association, which you can view by following this link: Association Status.

10.
Cancellation and suspension of user accounts

10.1.
You may cancel Your user account at any time by following the relevant menu in the App. Cancellation of Your user account is considered as resignation from the Association, in accordance with article 70 of the Swiss civil code and article 20 of the Association’s statutes, which you can view by following this link: Association Status.
10.2.
Cancellation of Your user account also entails the termination of Your participation in the affiliate program, as outlined in article 13 of the T&C.
10.3.
If You cancel Your user account, any balance owing to You will be transferred to the account associated with the credit card number linked to Your user account (in accordance with article 12.4 T&C).
10.4.
If any infringement of the T&C or money-laundering activity is suspected, the Company reserves the right to block Your user account. If in spite of reasonable efforts the Company is unable to clarify the situation, or if the suspicion is confirmed, the Company is entitled to delete Your user account without notice. Any assets associated with Your user account will be retained by and deposited with the Company until the dispute is settled.

11.
Consequences of uninstalling the App

Uninstalling all copies of the App from every mobile device that You own or hold does not affect the existence of Your user account with the Company or Your status as a member of the Association. Uninstalling the App only constitutes a breach of the licence that links you with the Company and authorizes you to rightfully use the App (see article 4 T&C), and, as a result, deprive you of your main means of contact with the Association. you wish to close your user account or resign from the Association, you must cancel your user account in accordance with article 10 T&C.

12.
Transferring payments

12.1.
You can pay Your (one-time) fee for supporting membership of the Association securely via the App. Payment by credit card is mandatory.
12.2.
For this purpose, You agree to use only the secure payment service available in the ‘Banking Details’ menu of the App, which is provided and operated by a third party. Access to this service is embedded in the App, so all You have to do is follow the steps on the screen. However, it is your responsibility to complete all the steps to ensure the payment is received. The Company accepts no responsibility for any failure of the payment transfer service belonging to the third party concerned.
12.3.
If Your payment is cancelled through a refund policy offered by Your credit card provider, or any other provider responsible for the transfer of payments, Your membership of the Association will be considered null and void with retroactive effect from the day your user account was opened. Your user account will also be cancelled.
12.4.
You can also carry out transfers via Your user account to the bank account the details of which you have provided. Due to the charges inherent to bank transfers, any payments must be for a minimum of 100 euros. It is your responsibility to provide the correct details (specifically: first name, surname and address of the account holder, IBAN, SWIFT/BIC). Please keep Your bank details up to date to ensure You are able to receive transfers. The Company accepts no responsibility for the loss of any amounts transferred, especially if they are transferred to an account that is not in Your name.

13.
Affiliate program

13.1.
You become a member of the affiliate program when You create a user account.
13.2.
Participation in the affiliate program is free and reserved for supporting members of the Association with an active user account (i.e. a user account that is not blocked or suspended under article 10.4 T&C).
13.3.
Through the affiliate program You can invite Friends to join the Association or to another Partner Association support members, by sharing content made available to You for this purpose in the form of video(s) or other media via the App.
13.4.
You can invite as many Friends as You wish.
13.5.
Being a member of the affiliate programme does not require You to participate in it. You are not obliged to invite Friends, and will receive no rewards in accordance with article 13.9 T&C if you do not.
13.6.
To identify new members invited by You, the Company will provide a link, QR code or personal alphanumeric code, which You should only transmit to Friends who You wish to invite.
13.7.
Friends of Yours who rightfully join the Association, or another association under Swiss law which has entered into a partnership with the Company, as supporting members, using a link or QR code that You have provided, or by entering Your personal alphanumeric code as defined in article 13.6 T&C in the menu field of the App designed for this purpose, become Your First-level Recruits.
13.8.
Your First-level Recruits can in turn invite their own friends to join the Association, or another association under Swiss law which has entered into a partnership with the Company, as supporting members, under the same conditions as Yourself. Friends of theirs who rightfully join the Association, or another association under Swiss law which has entered into a partnership with the Company, as supporting members, using a link or QR code that one of Your First-level Recruits has provided or by entering their personal alphanumeric code as defined in article 13.6 of the T&C in the menu field of the App designed for this purpose, become Your Second-level Recruits. This continues up to Your tenth level of Recruits.
13.9.
The Company will credit Your user account with a single payment of 1.00 euro for each Recruit, up to the tenth level of Recruits.
13.10.
You are solely responsible for the payment of any taxes, fees, royalties and public contributions of any kind relating to the amounts credited to Your user account or paid into Your bank account (article 12.4 T&C), resulting from your participation in the affiliate program, including any social security contributions this entails.
13.11.
You acknowledge that you are not an employee or associate of the Company. You have no power to represent the Company with third parties.

14.
Data protection

The processing of Your personal data is governed by the Company's Privacy and Cookie Policy, which is available to consult at any time from the relevant menu on the App.

15.
Limitations and exclusions of liability

15.1.
As a free application, the App is provided for Your use as is, with no guarantee of any kind. Specifically, You have no right to demand any further development of the App.
15.2.
The Company disclaims any responsibility for damage, including indirect damage resulting from downloading, installing and/or using the App.
15.3.
The Company is particularly attentive to maintaining the App but cannot guarantee that it will be operational at all times. Consequently the Company cannot be held responsible for any technical malfunctions or temporary interruptions in the functioning of the App and/or provision of services.
15.4.
The Company also reserves the right to carry out periodic maintenance operations. This may require the functioning of the App and provision of services associated with it to be temporarily suspended.
15.5.
In addition, since the App is provided free of charge, the Company accepts no responsibility for any minor faults committed by itself or by any of its subsidiaries.
15.6.
The Company also accepts no responsibility for the quality of any video or other media content offered via the App.
15.7.
Finally, the Company gives no guarantee of remuneration in connection with the affiliate program described under article 13 T&C.

16.
Applicable law and place of jurisdiction

16.1.
Any legal relationship between You and the Company arising from the T&C is subject to Swiss law.
16.2.
The Swiss courts in the location of the Company’s registered office will have sole jurisdiction for any dispute relating to the T&C.
16.3.
Any conflicting regulations issued by the law in Your country of residence or domicile for the purpose of protecting consumer rights are reserved, provided their applicability is of a mandatory nature. A regulation is considered mandatory where it is unlawful for either party to derogate, in favour of or against at least one of the parties, from the legal system established by the regulation concerned.

17.
Changes and updates to the T&C

17.1.
The Company reserves the right to change and/or update the T&C. Any changes or updates will be communicated to You via the App. Changes and updates take effect as of the date stated as the effective date in the text of the change or update. Older versions are implicitly repealed.
17.2.
If you do not wish to accept a change or update to the T&C, You should cancel Your user account (article 10 T&C) and uninstall the App (article 4.2. T&C) before the effective date of the change or update concerned. Changes and updates to the T&C are notified via the App at least 10 days before their effective date.
17.3.
You may not make any changes to the T&C.

18.
Severability

18.1.
In the event that any provision of the T&C proves to be void, the other provisions of the T&C will remain valid and continue to bind You to the Company, and vice versa, unless it can be inferred from the circumstances that You or the Company would not have entered into the contract if the provision found to be void had not been included.
18.2.
In the event that any provision of the T&C proves to be void or illegal, or cannot be the subject of a claim in legal proceedings, the validity, legality and enforceability of this provision in other jurisdictions will not be affected.

19.
Communications

19.1.
The official language to be used in any communication between Yourself and the Company is English.
19.2.
In accordance with article 6.2 T&C, all communications between You and the Company must be done via the App. The Company will not respond to any telephone, written or email requests. Please use the 'Contact us' function in the App to send requests to the Company.

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