These general terms and conditions are intended to define the terms and conditions of use of the services offered on the website (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the website's home page.
They may be supplemented, where applicable, by specific terms of use for certain Services. In case of contradiction, the specific conditions shall prevail over these general terms and conditions.
The Services are operated by MAKAPPI, a simplified joint-stock company (SAS) with a share capital of 50,000 euros, registered with the Trade and Companies Register (RCS) of Aix-en-Provence under number 914454582, with its registered office located at 52 Avenue Georges Vacher CD 56C 13790 Peynier (hereinafter: "Makappi").
Makappi can be contacted at the following addresses:
Postal address: 52 Avenue Georges Vacher CD 56C 13790 Peynier
Email address: contact@makappi.com
The Services are accessible, subject to the restrictions provided on the website:
Acceptance of these general terms and conditions is evidenced by checking a box in the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Users who do not accept to be bound by these general terms and conditions must not use the Services.
5.1 Use of the Services requires the User to register on the website by completing the form provided for this purpose. The User must have a valid Shopify account. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically creates an account in the User's name (hereinafter: the "Account"), giving them access to a personal space (hereinafter: the "Personal Space") which allows them to manage their use of the Services in a form and by technical means that Makappi deems most appropriate for providing said Services.
The User guarantees that all information provided in the registration form is accurate, up-to-date, and sincere, and is not misleading in any way.
The User commits to updating this information in their Personal Space in case of changes, so that it always meets the above-mentioned criteria.
The User is informed and accepts that information entered for the purpose of creating or updating their Account serves as proof of their identity. Information entered by the User is binding upon validation.
5.2 The User can access their Personal Space at any time after identifying themselves using their login credentials and password.
The User commits to using the Services personally and not allowing any third party to use them in their place or on their behalf, unless they accept full responsibility.
The User is also responsible for maintaining the confidentiality of their login credentials and password. They must immediately contact Makappi at the contact details mentioned in Article 2 if they notice that their Account has been used without their knowledge. They acknowledge Makappi's right to take all appropriate measures in such cases.
The User has access to the Services described on the website, in a form and according to the features and technical means that Makappi deems most appropriate.
The services consist of a mobile application development platform (hereinafter "Mobile Applications") designed to allow the User to create and develop Mobile Applications from their Shopify store. Mobile Applications are published on Apple's App Store and Google's Play Store.
7.1 Price
The price of the Services is indicated on the website and may vary depending on the subscriptions.
Makappi reserves the right, at its sole discretion and according to terms of its own choosing, to offer promotional offers or price reductions.
7.2 Price Revision
The price of Services may be revised by Makappi at any time, at its sole discretion.
The User will be informed of these changes by Makappi by email with at least 30 days' notice before the new rates come into effect.
Users who do not accept the new prices must terminate their use of the Services according to the terms provided in Article 18. Otherwise, they will be deemed to have accepted the new rates.
7.3 Billing
The Services are invoiced and invoices are sent to the User by any appropriate means.
7.4 Payment Methods
The payment methods for the price of the Services are described on the website.
Payment is made through Shopify or by automatic debit from the User's credit card number.
The debit is implemented by the payment service provider designated on the website, which alone retains the User's bank details for this purpose. Makappi does not retain any bank details.
The User guarantees to Makappi that they have the necessary authorizations to use the chosen payment method. They commit to taking the necessary measures to ensure that automatic debit of the Service price can be carried out.
7.5 Late Payments and Payment Incidents
In case of failure to pay all or part of an amount due at its due date, the buyer must pay Makappi a late payment penalty equal to three times the legal interest rate. This penalty is calculated on the total amount including tax of the remaining amount due, and runs from the due date of the price without any prior formal notice being necessary. In addition to late payment penalties, any sum, including the deposit, not paid on its due date will automatically result in the payment of a fixed indemnity of 40 euros for collection costs. Articles 441-10 and D. 441-5 of the French Commercial Code.
The User expressly acknowledges and accepts:
(i) that data collected on the website and on Makappi's computer equipment constitutes proof of the operations carried out under these terms;
(ii) that this data constitutes the only mode of proof accepted between the parties, particularly for calculating amounts due to Makappi.
The User can access this data in their Personal Space.
Without prejudice to the other obligations provided herein, the User commits to complying with the following obligations:
9.1 The User commits, in their use of the Services, to comply with applicable laws and regulations and not to infringe on the rights of third parties or public order.
The User is solely responsible for the proper completion of all formalities, particularly administrative, tax, and/or social formalities, and for all payments of contributions, taxes, or duties of any kind that may be incumbent upon them in connection with their use of the Services. Makappi's liability cannot be engaged in this respect under any circumstances.
9.2 The User acknowledges having read on the website the characteristics and constraints, particularly technical ones, of all the Services. They are solely responsible for their use of the Services.
9.3 The User is informed and accepts that the implementation of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
9.4 The User is also solely responsible for the relationships they may establish with other Users and the information they communicate to them in the context of the Services. It is up to them to exercise appropriate caution and discernment in these relationships and communications. The User also commits, in their exchanges with other Users, to comply with the usual rules of politeness and courtesy.
9.5 The User commits to making strictly personal use of the Services. They are therefore prohibited from assigning, granting, or transferring all or part of their rights or obligations under these terms to a third party, in any manner whatsoever.
9.6 The User commits to providing Makappi with all the information necessary for the proper execution of the Services. More generally, the User commits to actively cooperating with Makappi for the proper execution of these terms.
9.7 The User is solely responsible for content of any kind (editorial, graphic, audiovisual, or other, including the name and/or image possibly chosen by the User to identify themselves on the website) that they distribute in the context of the Services (hereinafter referred to as: "Content").
They guarantee to Makappi that they have all the rights and authorizations necessary for the distribution of this Content.
They commit to ensuring that said Content is lawful, does not infringe on public order, morality, or the rights of third parties, does not violate any legislative or regulatory provision, and more generally, is in no way likely to engage Makappi's civil or criminal liability.
The User is therefore prohibited from distributing, in particular and without this list being exhaustive:
9.8 The User acknowledges that the Services offer them an additional solution but not an alternative to the means they already use to achieve the same objective, and that this solution cannot replace these other means.
9.9 The User must take the necessary measures to save by their own means the information from their Personal Space that they deem necessary, of which no copy will be provided.
9.10 The User is informed and accepts that the implementation of the Services requires them to be connected to the internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
The User indemnifies Makappi against all complaints, claims, actions, and/or demands whatsoever that Makappi may suffer as a result of the User's violation of any of their obligations or guarantees under these general terms and conditions.
They commit to compensating Makappi for any damage it may suffer and to pay all costs, charges, and/or penalties it may have to bear as a result.
11.1 It is strictly prohibited to use the Services for the following purposes:
11.2 It is strictly prohibited for Users to copy and/or divert for their own purposes or those of third parties the concept, technologies, or any other element of the Makappi website.
11.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down, or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Makappi's systems, (iii) any misappropriation of the website's system resources, (iv) any actions likely to impose a disproportionate load on its infrastructure, (v) any attacks on security and authentication measures, (vi) any acts likely to infringe on the financial, commercial, or moral rights and interests of Makappi or its website users, and finally, more generally, (vii) any breach of these general terms and conditions.
11.4 It is strictly prohibited to monetize, sell, or grant all or part of access to the Services or the website, as well as to the information hosted and/or shared therein.
In case of breach of any of the provisions of these general terms and conditions or more generally, of violation of applicable laws and regulations by a User, Makappi reserves the right to take any appropriate measure, including:
(i) suspending or terminating access to the Services of the User responsible for the breach or violation, or who participated in it,
(ii) deleting any content posted on the website,
(iii) publishing on the website any informational message that Makappi deems useful,
(iv) notifying any relevant authority,
(v) initiating any legal action.
13.1 Makappi commits to providing the Services with diligence and according to best practices, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.
13.2 Makappi has no knowledge of the Content posted by Users in the context of the Services, over which it performs no moderation, selection, verification, or control of any kind, and with respect to which it acts only as a hosting provider.
Consequently, Makappi cannot be held responsible for the Content, the authors of which are third parties, and any claim should be directed first to the author of the Content in question.
Content harmful to a third party may be reported to Makappi according to the procedures provided for in Article 6 I 5 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, with Makappi reserving the right to take the measures described in Article 12.
13.3 Makappi disclaims all liability in case of possible loss of information accessible in the User's Personal Space, who must save a copy and cannot claim any compensation in this regard.
13.4 Makappi commits to performing regular checks to verify the operation and accessibility of the website. In this regard, Makappi reserves the right to temporarily interrupt access to the website for maintenance reasons. Similarly, Makappi cannot be held responsible for temporary difficulties or impossibilities of access to the website that may result from circumstances beyond its control, force majeure, or telecommunications network disruptions.
13.5 Makappi does not guarantee to Users (i) that the Services, subject to constant research to improve their performance and progress in particular, will be completely free of errors, defects, or flaws, (ii) that the Services, being standard and not offered solely for the benefit of a given User based on their own personal constraints, will specifically meet their needs and expectations.
13.6 In any event, the liability that may be incurred by Makappi under these terms is expressly limited to direct and proven damages suffered by the User only.
Except for your content and that of your users, you agree that Makappi and its suppliers hold all rights, including but not limited to, all Mobile Applications on Apple's App Store, Google's Play Store, computer code, software, infrastructure, databases, themes, and content of any kind (texts, images, visuals, music, logos, trademarks, sounds, animations, etc.).
You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the website, Mobile Applications, services, and Makappi's properties.
Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any act of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without Makappi's authorization is strictly prohibited and may be subject to legal action.
Makappi has a personal data protection policy whose characteristics are explained in the document entitled "Privacy Policy", which the User is expressly invited to read on the website.
Makappi reserves the right to insert on any page of the website and in any communication to Users any advertising or promotional messages in a form and under conditions of which Makappi will be the sole judge.
Makappi cannot under any circumstances be held responsible for the technical availability of third parties including its potential partners (websites, applications, APIs) that the User would access through their Personal Space or Mobile Applications.
Through their Personal Space, the User can integrate third-party services. The various subscription costs for these services are not covered by Makappi.
Makappi assumes no responsibility for the content, advertising, products, and/or services available on such third-party websites and applications, which are governed by their own terms of use.
Makappi is also not responsible for transactions between the User and any advertiser, professional, or merchant (including its potential partners) to whom the User would be directed through the website and cannot under any circumstances be a party to any disputes with these third parties regarding the delivery of products and/or services, warranties, declarations, and other obligations to which these third parties are bound.
Publication of the iOS Mobile Application on the Apple App Store requires the User to have an Apple Developer account that they must renew annually. Makappi does not cover this subscription under any circumstances.
Publication of the Android Mobile Application on Google Play requires the User to have a Google Developer account. Makappi does not cover this subscription under any circumstances.
The User commits to complying with Apple's App Store Review Guidelines (https://developer.apple.com/app-store/review/guidelines/) and Google's Developer Distribution Agreement (https://play.google.com/about/developer-distribution-agreement.html)
Makappi cannot under any circumstances be held responsible for publication delays and possible rejection by Apple App Store and Google Play of the publication of Mobile Applications.
The Services are subscribed on a 30-day or annual basis and automatically renewed upon expiration.
The User can cancel their subscription to the Services under different conditions depending on whether the subscription is on a 30-day or annual basis.
Monthly subscription: If the Services are subscribed on a 30-day basis, cancellation takes effect on the first day following the 30-day period during which the cancellation was notified.
Annual subscription: If the Services are subscribed on an annual basis, cancellation takes effect on the first day following the annual period during which the cancellation was notified.
Access to the Services remains in effect until the effective date of cancellation. No refund of the Service price, whether paid on an annual or 30-day basis, will be granted.
Makappi reserves the right to modify these general terms and conditions at any time.
The User will be informed of these modifications by any appropriate means.
Users who do not accept the modified general terms and conditions must unsubscribe from the Services according to the terms provided in Article 19.
Any User who uses the Services after the modified general terms and conditions come into effect is deemed to have accepted these modifications.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in case of contradiction or dispute over the meaning of a term or provision.
These general terms and conditions are governed by French law.
In case of dispute over the validity, interpretation, and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, unless mandatory procedural rules provide otherwise.
These general terms and conditions came into effect on August 15, 2022.