Legal notices:

Heropolis app

Legal notices

This app is published by…

Heropolis S.A.S Simplified joint stock company with a capital of 41.629,63€ Registered at the Trade and Companies Register of Nanterre under the number 840 822 993 Headquarters: 10, allée de la Paix 95320 Saint-Leu-La-Forêt, FRANCE.

Hereinafter referred to as “The Owner of the App” Email address: contact@heropolis.fr Publishing Director: Jean-Yves INGEA

Phone number: +0033 633 163 026

Hosting

The data of the Heropolis app are hosted in the Heropolis offer by default on the IT equipment of the company Ouscale 3DS which headquarters are located at the following address:

1 RUE ROYALE 92210 SAINT-CLOUD

At the customer’s request, alternative hosting may apply. Please contact the Heropolis Administrator of your entity.

General terms of use

December 2021 version

Access link: https://heropolis.fr/mentions-legales-application-heropolis

Article 1 – Purpose

The present general conditions (hereinafter “the General Conditions”) regulate the use of the Heropolis app (hereinafter “the App”) by the mobile user (hereinafter “the User”).

The User is first referenced on the App by the App Administrator who has a supervisory license on the Heropolis App server. This referencing contains the last name, first name, email address and the type of User (i.e.

Trusted Person who can send an alert, or Response Personnel who can send and receive an alert).

This referencing gives way to the sending of an email to the User, containing a unique and personal download access. The device on which the Mobile App is installed is referenced to the server at the first connection by its unique number.

The deletion/modification of the User’s access rights by the Administrator also causes an email to be sent to the User containing a summary of the modification of the User’s status.

Every User of the App must have read and understood the General Conditions before using the App. The User accepts without reservation the General Conditions and undertakes to respect them.

The Publisher reserves the right to modify the General Conditions at any time. Consequently, the User must regularly refer to the latest version of the General Conditions.

Article 2 – Description of the app

2.1 The App allows the User, when he witnesses an event requiring intervention, to send, from any mobile terminal connected to the Internet, an alert (hereinafter the “Alert”) consisting of the GPS position of the User, the personal information (last name, first name) of the User as previously defined by the Administrator, as well as the information related to the event. This alert, upon choice of a Supervisor, is transmitted manually or automatically to the closest pre-defined Emergency Responders, registered on the service, and available at the time of the Alert.

The Responding User, having registered as such on the service, has the possibility to:

– Define a time slot in which he will declare himself available to receive notifications
– Accept or decline any rescue mission, as well as see the position of the event and the map route that leads him there. If he accepts it, he commits to intervening and will be integrated into an intervention network made of all the other Users who have accepted the mission as well as the User who initiated the Alert. In this intervention network, an exchange of information can be carried out in the form of a chat, which can indicate in particular the number of victims, as well as their state.

If the User declines the mission, he/she does not enter the intervention network, and is released from any responsibility related to any non-assistance.

2.2 The User commits to the fact that the content of the Alert is not illicit and does not violate the public order, the good morals and the legal provisions relative in particular to the image right, the respect of private life and the intellectual property right.

Intellectual property

3.1 The Publisher is the exclusive user of the intellectual property rights related to the App.

The General Terms do not transfer any intellectual property rights to the User.

3.2 The Publisher grants the User a personal, non-transferable, non-assignable, non-exclusive and free license to use the App, in accordance with the General Terms.

The User is not allowed to: 

• Reproduce, represent, modify, translate and/or adapt the App, including to correct possible errors, only the Publisher being entitled to make the possible corrections;
• Decompile the App;
• Sell, rent, sublicense, assign or distribute the App;
• Use the App for purposes other than those described in the Terms and Conditions.

Article 4 – Guarantee / Liability

4.1 The publisher does not give any guarantee concerning the App and in particular, does not guarantee:

• The permanent availability, uninterrupted or bug-free operation of the App, nor the quality and speed of the transmission of Alerts, nor the absence of interference and anomalies in the transmission of Alerts.
• The suitability of the App for a particular use or the expectations and needs of the User.
• The performance of the App.
• The availability of one or several Interveners at the time of the Alert.
• The intervention time on the place of the event.
• The gestures made by the Responders at the place of the event.
• The effects resulting from bad manipulations on the part of the Responders.

The Publisher does not guarantee that the app is free of viruses, hacking or other security breaches. However, all measures will be taken in good faith in this direction.

The App is accessible to the User “as is”.

The User accepts that the use of the App is at his/her own risk.

4.2 The Publisher is bound by an obligation of means concerning the App.

The User is solely responsible for the use of the App. The Publisher cannot be held responsible for any illicit use of the App and in particular, for the violation by the User of the intellectual property rights of third parties, for the non-respect of image rights, for the invasion of privacy, for identity theft or for false denunciation.

The Publisher declines any responsibility in case of malfunction of the Internet network, telephone lines or mobile terminal or security breaches.

The Publisher cannot be held responsible for any loss of income, business, profit or data in relation to the use of the App by the User.

Article 5 – Personal data

The User’s personal data is processed by the entity that invited the User to use the App.

The User is referred to the information document drawn up by this entity regarding the methods of processing his/her data and the exercise of his/her rights under the General Data Protection Regulation.

When the entity that invited the User to use the App is a public authority, a first level of information is available in the “User Privacy Policy (public authorities)”.

This document, which remains the property of Heropolis SAS, can be obtained by simple request at the following address: contact@heropolis.fr

In case of sale of the device

The User is informed of the following procedure to be followed in case of resale of the device, in order to reset all the data of the app:

– Standard uninstallation of the Heropolis app.

Article 6 – Relations avec APPLE Inc. et GOOGLE Inc.

The Terms and Conditions are agreed upon only between the Publisher and the User and not with Apple Inc. (“Apple”) or Google Inc. (“Google”).

The user acknowledges that Apple and Google are not obligated to provide maintenance and support services for the App.

The user acknowledges that Apple and Google have no guarantee obligation or liability of any kind (including for infringement of third party intellectual property rights) with respect to the App.

The user hereby declares and certifies that he/she is not located in a country subject to a U.S. government embargo or designated by the U.S. government as a state sponsoring terrorism, and that he/she is not listed on a list of people prohibited or restricted from entering the United States.

For the App accessible from the App Store, the user acknowledges and agrees that upon the user’s acceptance of the Terms and Conditions, Apple and its affiliates are third party beneficiaries of the Terms and Conditions and may enforce the Terms and Conditions against the user as a third party beneficiary.

Article 7 – Applicable law / Dispute settlement

The General Conditions are subject to French law.

Any dispute relating to the General Conditions will be submitted to the competent French courts.

I declare and acknowledge that I have read and accept the General Conditions. I accept that my personal data (including geolocation) communicated in the context of the use of the Application will be processed by the Publisher under the conditions defined in the General Conditions.