LEGAL NOTICES
This application is edited by MWM, a French simplified joint-stock company (SAS), with a capital of
2098,79 euros, with registered offices at 54, Avenue du Général Leclerc, 92100, Boulogne
Billancourt, France, registered in the Nanterre Trade and Companies Register under number 513 627 299, Tel: +33
9 82 29 20 98, (hereinafter “MWM”)
The Head of Publication is Jean-Baptiste Hironde.
The App is hosted on the Apple App Store, with servers geographically located in data centres in Europe (mostly in Belgium, United Kingdom and Germany), with registered offices at Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, and can be contacted through the following link: https://support.apple.com/contact.
TERMS OF USE FOR THE PIXEL PLUS APPLICATION
Last updated: 18/11/2022
App: the PIXEL PLUS application, developed by MWM;
Premium Services: the paid services offered by MWM on the App, available on subscription or in-app purchases;
Services: the services offered by MWM on the App, as further described in these Terms of Use;
Terms of Use: the present document called "Terms of Use for the PIXEL PLUS Application";
User, You: any App user holding a User Account, or using the App without being registered;
User Account: your personal account on the App;
User Content: any content created, published, or shared on the App by a User, including but not limited to creations, User profile descriptions and pictures, captions etc.
The purpose of the Terms of Use is to define the conditions under which you may use the App, and the Services provided by MWM. It is very important that you carefully read and understand these Terms of Use, because by downloading the App, registering on the App, and using the app’s functionalities, you acknowledge that you are bound by these Terms of Use and agree to comply with them in their entirety. These Terms of Use prevail over any previous agreement, exchange or arrangement that may have been reached between you and MWM.
MWM reserves the right to amend these Terms of Use at any time, in full or in part. In the event of amendments to the Terms of Use, you will be informed by a push notification / pop up displayed when you open the App. The amended version of the Terms of Use will come into force thirty (30) days after the notification you received. You can also determine the date the latest amendments were made by MWM by checking the “last updated” date given above.
If you reject the amendments made to the Terms of Use, please stop using the App.
You can consult these Terms of Use at any time under the heading “Terms of Use” on our website: www.mwm-apps.com/legals/pixelplus/tos.
The App is an AI powered Photo quality enhancer.
The App offers in particular the following functionalities:
If you subscribe to the Premium Services, you may have access to the following additional functionalities:
The access to the App and to the Services are entirely free of charge, except for the Premium Services.
The subscriptions we offer are renewed tacitly, weekly, monthly or yearly depending on the subscriptions offered through the App and Apple App store or Google Play store and on the subscription you have chosen. If you wish to cancel your subscription, you must do it through Apple, Google or on our website at least 24 hours before the next invoicing date (see in particular: https://support.apple.com/HT202039). If you cancel your subscription, you will still be able to use the Premium Services features until the expiry of your subscription. All fees paid in advance are acquired by MWM, and you will in no case be refunded pro-rata for the time left on your subscription.
You are informed that MWM reserves the right to change the subscription plans, or adjust their pricing, in any manner and at any time. Any price changes or changes to your subscription plan will take effect after a reasonable notice period.
Unless otherwise allowed through the Apple App Store or Google Play Store, in accordance with article L121-21-8, 13° of the French Consumer Code, you are informed, that when subscribing to the Premium Services, you expressly accept that the performance of the contract begins at the time of your purchase, and waive your right of withdrawal.
The cost of connecting to the Internet, and other fees relating to telecommunications are entirely your own responsibility.
To access the App, you must download it to your smartphone or tablet, via Apple or Google legal downloading platform (App Store, Google Play). The download is free.
To register on the App and / or use the Services:
If you are too young to accept the Terms of Use in your country of residence, a parent or legal guardian must approve your registration and / or use of the App and accept these Terms of Use on your behalf.
To purchase Premium Services, you must be at least 18 years old at the time of the purchase.
To benefit from the Services offered by the App, you must first register by creating a User Account, which will be suggested as soon as you open the App. You can register via Facebook or Apple Sign In, or via your email address. In this respect, you must provide a password, and will be requested to choose a username.
You may also access the App as a non-registered User, however the Services made available to you might be limited.
You are responsible for maintaining the confidentiality and security of your password, and agree not to transfer your password, or lend or otherwise transfer your use of the Services or access to the App to any third party. You are fully responsible for all activities that occur under your username and password and therefore MWM can, in no case, be held liable for the consequences of this use. You agree to immediately notify MWM of any unauthorized use of your email address and password or any other breach of security related to your User Account at support@account.mwm-apps.com.
If you lose your password, you must use the dedicated link “Forgotten password” on the home page of our website / the App. You will be asked to enter your email address and validate the page. Following the validation of this page, an e-mail will be sent to the address indicated, and you will be asked to click on an activation link to change your password. You will be sent back to a page on the Site where you can then choose a new password.
When you register on the App, we will send you an email containing a link to verify your email address. You must click on this link in order to verify your email address. Holding a verified User Account on the App enables you to report other User Content that may infringe these Terms of Use, and to benefit from our cloud storage, i.e. your User Content will be stored on our servers instead than locally on your device, this allows you to retrieve your User Content whenever you switch from a device to another, and to free storage space on your device.
If you do not verify your email address, all your User Content will be stored locally on your device.
MWM doesn’t claim ownership of your User Content. Nevertheless, by using the App, you hereby grant to MWM a non-exclusive, non-transferable, royalty-free, non-sublicensable license to use and reproduce your User Content for the whole world, and for the duration of protection of your User Content by intellectual property rights, for the following purposes: (i) to share your User Content and make it available to other Users within the App particularly in order for MWM and other Users to use, publish, adapt, modify and create derivative works based on your User Content; and (ii) to promote the App, the MWM Ecosystem, or more largely, the services offered by, and activities of MWM, by any means, and through any communication channel, known or unknown at this date, in particular any social media, internet website, intranet or extranet, mobile application, email communication, displays and posters, television advertisements, printed press etc. In this respect, MWM undertakes to make its best efforts to credit You whenever it shares your User Content.
In case the User Content includes your picture, you grant to MWM, free of charge, the right to use your image for the promotion of the App or the Services, on the media as mentioned above, for the duration of your User Account, and for the whole world.
You acknowledge that by sharing your User Content, you authorize other Users to publish, adapt, modify, and create derivative works based on your User Content, exclusively within the App, or to download it and use it for their own private and non-commercial use. This license is granted for the whole world, and for the duration of protection of your User Content by intellectual property rights.
In this respect, no User may use your User Content, or any of their User Content which is based on your User Content, for any commercial use without your prior written consent.
In the same manner, you will be able to use other Users' User Content within the limits set forth in this article 5.2.
You declare and guarantee to MWM that:
In this respect, you warrant MWM and other Users against any disturbances, claims, evictions, remedies or actions of any person on the grounds of the violation of their rights, and that you shall be responsible for all costs and damages that may result from such claims or actions.
MWM reserves the right to remove your User Content, suspend or terminate your access to the App and / or exercise all legal remedies if MWM believes that any of your User Content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that violates any law, rule or regulation.
However, as MWM cannot guarantee the permanent accessibility of the App, nor that the App will be free from bugs that may alter the availability of your User Content, and as MWM may have to remove your User Content as explained in article 5.4 above, you are invited to regularly download, and save your User Content on your own equipment.
MWM shall bear no responsibility whatsoever as to your inability to retrieve your User Content, or in case of temporary or permanent deletion of your User Content.
MWM owns all intellectual property rights or has obtained necessary licences and authorisations relating to the MWM Content that is made available to you through the Catalogue.
MWM grants you, free of charge, and for the duration of your User Account, the personal and non-exclusive right to access and use, publish, adapt, modify and create derivative works based on the MWM Content, exclusively within the App or to download it and use it for your own private and non-commercial use.
Any commercial use of MWM Content, or of User Content based on MWM Content without the prior written consent of MWM is strictly prohibited.
By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.
The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.
You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of MWM. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.
You undertake not to access, or attempt to access the App by any means other than the interface of the App provided by MWM, nor to engage in any activity likely to hinder or disturb the functioning of the App.
MWM grants you, free of charge, the personal and non-exclusive right to access and use the App, exclusively for your own private and non-commercial use, in accordance with the conditions set out in these Terms of Use.
The architecture of the App, graphics, concepts, scenarios, names and trade names, trademarks, logos, slogans, domain names, databases, software, and all other components of the App, although this is not an exhaustive list (hereinafter the “Protected Elements”), are the exclusive property of MWM. As such, you are hereby informed that these Terms of Use do not entail any assignment of intellectual property rights attached to the App or to the Protected Elements in your favour.
Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of MWM. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of MWM is strictly prohibited and punishable as copyright infringement.
You are informed that MWM, in accordance with its hosting service provider status, is not subject to any general monitoring obligation, and does not moderate User Content before its publication. In case MWM would receive a reporting in relation with a manifestly illicit User Content, you are informed that MWM may have to delete the User Content.
If a User Content or profile breaches these Terms of Use, or is otherwise unlawful, and if you have verified your User Account, you can report it by clicking on the “Report” tab on the App or under the concerned User Content or on the User profile, or by writing to the following address: reporting@mwm-apps.com. MWM will review and process the reporting as soon as practicable.
If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when MWM wants to share news about the App, its features, or the Services.
You can deactivate or configure push notifications at any time on the “Settings” page of your device.
The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”).
MWM has no control over external services, and is not, and cannot be responsible for their content, operation or use. By pointing or otherwise providing access to external services, MWM makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.
External services may have their own terms of use and / or privacy policy. You are responsible for reviewing the conditions of use of these external services.
You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.
MWM disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against MWM, regarding the content or functioning of all external services.
You hereby acknowledge that you use the App at your own risk. MWM cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, MWM reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.
MWM shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of Internet.
It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability
The App is to be used for private purposes only.
MWM cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.
MWM will make its best efforts to secure your access to the App, but shall not ensure full security. MWM shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.
Also, MWM shall not be liable for the consequences resulting from your violation of the Terms of Use. Therefore, you undertake to indemnify MWM in case of action from a third party, or in case MWM is sanctioned due to your fault.
You may, at any time, decide to delete your User Account by contacting: support@account.mwm-apps.com. Your request will be processed within the best delays. Deleting your User Account will entail the permanent deletion of your User Content and personal data, subject to MWM’s legal obligations.
When you delete your User Account, your User Content is no longer visible nor accessible, however MWM will still be able to use your User Content for the purpose of the license granted according to article 5.1 above, and other Users who have created their own User Content on the basis of your User Content will still be able to use such User Content within the conditions set forth in article 5.2 above.
If you wish to re-register on the App, you must provide all your information again.
If you fail to comply with these Terms of Use, MWM reserves the right to suspend your access to the App without notice by closing your User Account, temporarily or permanently, without prejudice to any compensation for damages that MWM is entitled to claim.
MWM’s failure, at any time, to enforce any of the provisions of these Terms of Use and / or its tolerance of the non-fulfilment of any of the obligations set out in these Terms of Use cannot be interpreted as MWM waiving any subsequent enforcement of any of the aforementioned provisions.
If one or more of the provisions of these Terms of Use are deemed invalid or declared as such in application of a law or regulation, or following a final decision made by a competent court, the other provisions shall retain their full force and scope. MWM may, where applicable, replace the invalid provision(s) with a new provision.
The titles of the articles in these Terms of Use are for information purposes only and should not be considered as having any legal value.
These Terms of Use are governed by the laws of France.
In case a disagreement or a dispute arises, you may contact MWM directly in an attempt to resolve the dispute amicably.
If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.
You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.
Any disagreement and / or difficulty with the interpretation or execution of these Terms of Use shall be referred to the competent courts.