General Terms of Use and End User Licence Agreement (Terms of Use / EULA)
ClicInSitu application — Free and Pro editions (Google Play)
The ClicInSitu application (the “Application”) is published by MVT CONSEIL, a limited liability company (SARL) with share capital of 7,500 euros, registered with the Paris Trade and Companies Register (RCS) under number 514 535 152, registered office: Bureau 326, 59 rue de Ponthieu, 75008 Paris, France — intra-Community VAT no. FR42514535152 (the “Publisher”).
Contact: contact@clicinsitu.fr — Publication director: Vincent Monnot.
2.1. These general terms of use, which also constitute an end user licence agreement (the “Terms”), govern the downloading, installation and use of the Application by any natural or legal person (the “User”).
2.2. Installing or using the Application constitutes full and unreserved acceptance of the Terms. If the User does not accept the Terms, they must refrain from installing or using the Application.
2.3. Acquiring the Application through Google Play is further subject to the Google Play terms of service, which govern in particular the purchase transaction.
3.1. ClicInSitu allows the User to capture photos, voice memos and files, to associate them with data entered in configurable fields, and to send them in one click to email recipients or, depending on configuration, to an automation address (webhook).
3.2. The Application operates without any Publisher server: it does not require the creation of any account, and the User’s content is stored locally on their device and then transmitted exclusively to the recipients they have configured themselves. The Publisher has access neither to the User’s content, nor to their recipients, nor to their settings.
3.3. The Application is offered in a Free edition (free of charge, including the core sending loop) and in a Pro edition (a one-off purchase unlocking additional features, described on the Google Play listing on the day of purchase). The description of each edition’s features appears on the Application’s listing and in its documentation.
3.4. The Application requires a compatible Android device (minimum version stated on the Google Play listing). Sending content requires network connectivity and the proper operation of the services chosen by the User (email provider, SMTP server, webhook); when offline, sends to a webhook may be deferred until the connection is restored.
4.1. The Publisher grants the User a personal, non-exclusive, non-assignable and non-transferable right to install and use the Application on the Android devices associated with their Google Play account, in accordance with these Terms and, where applicable, the Google Play rules.
4.2. The Pro edition is unlocked by a one-off purchase (no subscription) made through Google Play, valid for the devices associated with the purchaser’s Google Play account under the Google Play conditions.
4.3. The User shall not: decompile, disassemble or modify the Application, except within the mandatory limits of Articles L. 122-6 and L. 122-6-1 of the French Intellectual Property Code; distribute, rent, resell or grant the use of it to third parties; circumvent its licensing mechanisms; make unlawful use of it or use it in a manner contrary to the rights of third parties. In accordance with Article L. 122-6-1, III of the French Intellectual Property Code, the User retains the right to observe, study or test the functioning of the Application in order to determine the ideas and principles underlying any of its elements, while performing any of the acts of loading, displaying, running, transmitting or storing the software that they are entitled to perform.
5.1. The Pro edition is sold through Google Play, at the price inclusive of VAT displayed on the Application’s listing at the time of purchase. The payment transaction is processed by Google in accordance with its own terms, VAT being collected in that context.
5.2. Right of withdrawal.
Before any purchase, the Application collects, by means of a dedicated tick box that is not pre-ticked and is separate from the confirmation of payment, the express agreement of the consumer User to the immediate performance of the digital content and their acknowledgement of the resulting loss of the right of withdrawal, in accordance with Article L. 221-28, 13° of the French Consumer Code. Failing such collection, a consumer User who exercises their right of withdrawal owes no sum in respect of the content already supplied, pursuant to Article L. 221-26 of the same Code.
5.3. The refund facility offered by Google Play (a commercial, discretionary refund, generally granted within 48 hours of purchase through the purchaser’s Google account) is separate from and independent of the statutory right of withdrawal referred to in Article 5.2 and the statutory guarantee of conformity described in Article 6. It constitutes an additional facility implemented by Google, under its sole responsibility and according to its own terms, without replacing or restricting the consumer’s rights under public policy. Consequently, the rejection or expiry of a Google Play refund request has no bearing on the exercise, by the consumer User, of their statutory right of withdrawal or statutory guarantee of conformity, which are exercised directly against the Publisher under the conditions of Articles 5.2 and 6.
The consumer has a period of two years from the supply of the digital content to obtain the implementation of the statutory guarantee of conformity in the event of a lack of conformity appearing. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
The statutory guarantee of conformity entails an obligation to provide all the updates necessary to maintain the conformity of the digital content.
The statutory guarantee of conformity entitles the consumer to have the digital content brought into conformity without undue delay following their request, free of charge and without major inconvenience to them.
The consumer may obtain a price reduction while keeping the digital content, or may terminate the contract and obtain a full refund in return for giving up the digital content, if:
1° The trader refuses to bring the digital content into conformity;
2° The bringing into conformity of the digital content is unjustifiably delayed;
3° The digital content cannot be brought into conformity without costs being imposed on the consumer;
4° The bringing into conformity of the digital content causes major inconvenience to the consumer;
5° The lack of conformity of the digital content persists despite the trader’s unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, the consumer is not required to first request that the digital content be brought into conformity.
Where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for the payment of a price. Any period during which the digital content is unavailable in order to be brought back into conformity suspends the remaining term of the guarantee until the digital content is supplied again in conformity. The rights set out above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
A trader who obstructs in bad faith the implementation of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 242-18-1 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content is kept, or to a full refund in return for giving up the digital content.
This statutory guarantee of conformity is owed by MVT CONSEIL, in its capacity as Publisher, and not by Google Play (Art. L. 224-25-6 and L. 224-25-12 of the French Consumer Code). Requests are to be sent to support@clicinsitu.fr. The Publisher may request the information reasonably necessary for diagnosis (device model, Android version, Application version, description of the malfunction).
7.1. The Publisher distributes updates to the Application through Google Play, including bug fixes and security fixes. The User is encouraged to keep the Application up to date; some defects can only be corrected in the latest available version.
7.2. The Publisher remains free to change the Application’s features, subject, for consumers, to the provisions of Articles L. 224-25-22 et seq. of the French Consumer Code relating to the modification of digital content.
8.1. The Application is designed so that the User’s data does not leave their device, except when they decide to send it: no account, no Publisher server, no advertising, no trackers or usage statistics, no third-party data-collection SDKs.
8.2. The processing carried out by means of the Application (captured content, recipients, sends) is performed under the exclusive control of the User or their organisation, which is responsible for it. Details are set out in the Application’s privacy policy: https://clicinsitu.fr/politique-confidentialite/
9.1. The User is solely responsible for: the content they capture and send (photos, audio, files, data), the choice of recipients and automation addresses, the configuration of their email accounts or SMTP servers, and compliance with the rights of third parties — in particular image rights, privacy, trade secrets and the regulations applicable to the personal data they process.
9.2. Professional Users are responsible for ensuring that their use of the Application complies with the regulations of their sector and with their obligations as a data controller.
9.3. Using the Application to capture or disseminate unlawful content, or without the knowledge of the persons concerned in breach of the law, is prohibited.
10.1. The Publisher is bound by the applicable statutory guarantees and is liable for damage caused by its proven fault, under the conditions of ordinary law. Nothing in these Terms is intended to deprive the consumer of the rights they derive from mandatory legal provisions.
10.2. The Publisher is not liable for: the operation of the networks, devices, operating systems and third-party services chosen by the User (email provider, SMTP server, recipient automation service); the loss of content stored on the User’s device, it being the User’s responsibility to make backups; the consequences of a send made by the User to a wrong recipient that they entered or configured themselves; the use made of the content by its recipients.
10.3. With respect to professional Users, the Publisher’s liability is limited to direct damage and capped at the amount paid for the Application during the last twelve (12) months.
The Application, its documentation, its trade marks and graphic elements remain the exclusive property of the Publisher. Content created by the User by means of the Application remains the property of the User.
The Terms apply for as long as the Application is installed. The User may terminate them at any time by uninstalling the Application. The Publisher may terminate the licence in the event of a serious breach of the Terms by the User, without prejudice, for consumers, to the rights arising from the statutory guarantee.
13.1. Any complaint may be sent to the Publisher: contact@clicinsitu.fr (or by post: Bureau 326, 59 rue de Ponthieu, 75008 Paris).
13.2. In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the consumer may, after a prior written approach to the Publisher that has remained unsuccessful for less than one year, have recourse, free of charge, to the consumer mediator to which the Publisher is subject:
CM2C
49 rue de Ponthieu
75 008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
The Publisher may amend these Terms, in particular to adapt them to changes in the Application or in the regulations. The applicable version is the one published on the date of installation or update; substantial changes are brought to the User’s attention by any appropriate means (release notes, information screen).
These Terms are governed by French law (without prejudice, for consumers residing in another State, to the mandatory provisions of their national law). Failing amicable resolution or mediation, the dispute shall be brought before the competent courts under the conditions of ordinary law; the consumer may bring proceedings before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
See also: Privacy policy Legal notice