TERMS AND CONDITIONS OF USE AND SALE – ARKO

These Terms and Conditions of Use and Sale (hereinafter "Terms") govern the access and use of the Arko mobile application (hereinafter "the Application"), edited by:

Antoine Pertuy, Entrepreneur individuel (EI), trading as ArkoFactory.
SIREN: 101398477
Address: RUE jean martin, 13005 Marseille, France
Legal questions / notifications: legalanti-bot@arkofactory.com
Support and assistance: contactanti-bot@arkofactory.com

(hereinafter "the Editor")

Any use of the Application implies unreserved acceptance of these Terms.

1. Purpose

The Arko Application is a digital solution intended for the management and organization of orchestras, notably allowing:

• Member management
• Organization of calls (invitations)
• Availability management
• Internal structuring of musical ensembles

These Terms define the conditions for access, use, and subscription to the Service.

2. Access to the Service

Access to the Application requires:

• Creating a user account
• Providing accurate and up-to-date information
• Acceptance of these Terms and the Privacy Policy

The user is solely responsible for the confidentiality of their login credentials.

3. Eligibility

The Service is intended for individuals of legal age. Minors may use the Service under the responsibility and with the authorization of their legal representative. The user guarantees they have the legal capacity necessary to subscribe to a plan if applicable.

4. Account Creation and Deletion

4.1 Creation

The user creates an account by providing: their email address, first name, and last name.

4.2 Deletion

The user can request the deletion of their account: directly from the Application or by contacting: contactanti-bot@arkofactory.com.
Deletion leads to the deactivation of the account and the removal of associated data, in accordance with the Privacy Policy.

5. Subscriptions and Financial Conditions

5.1 Offers

The Application may offer: a free plan, and monthly or annual paid subscriptions. The features available depend on the chosen plan.

5.2 Payment Terms

Payments are made exclusively via: the Apple App Store or the Google Play Store. Transactions are subject to the general terms and conditions of these platforms. The Editor does not store any banking data.

5.3 Renewal

Subscriptions are automatically renewed unless cancelled by the user via their Apple or Google account before the renewal date.

5.4 Cancellation

The cancellation of a subscription: takes effect at the end of the current period and does not entitle the user to any refund unless mandatory legal provisions state otherwise.

6. Right of Withdrawal

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for digital content provided immediately after purchase and whose performance has begun with the consumer's prior express consent.
By validating the purchase of a subscription, the user accepts the immediate performance of the Service and expressly waives their right of withdrawal.

7. User Obligations

The user agrees to: use the Service in a fair manner, not infringe on the rights of third parties, not divert the Service from its purpose, and not attempt fraudulent access to the systems. Any abusive use may result in the suspension or termination of the account.

8. Orchestra Data and Responsibilities

The data entered as part of managing an orchestra is the responsibility of the users who create or administer it. The Editor acts as the technical provider of the Service. Each user agrees to respect applicable regulations, particularly regarding personal data protection, when entering information about third parties.

9. Intellectual Property

The Application, its structure, design, code, databases, and content are protected by intellectual property law. The Editor grants the user a personal, non-exclusive, non-assignable, and non-transferable right of use. Any unauthorized reproduction, extraction, or exploitation is prohibited.

10. Service Availability

The Editor strives to ensure continuous access to the Service. However, the Application may be temporarily unavailable for maintenance, updates, or technical incidents. The Editor cannot be held responsible for a temporary interruption beyond their control.

11. Liability

The Editor is responsible for direct damages resulting from a proven breach of their contractual obligations. They cannot be held liable for: indirect damages, operating losses, loss of data attributable to the user, or malfunctions attributable to third parties (Apple/Google platforms, hosts, networks). In any case, the Editor's liability is limited to the amount paid by the user during the last 12 months.

12. Suspension and Termination

The Editor may suspend or terminate an account in case of: violation of these Terms, fraudulent use, or threat to the security of the Service. The user will be informed unless there is a technical impossibility or contrary legal obligation.

13. Consumer Mediation

In accordance with Articles L.612-1 and following of the Consumer Code, every consumer has the right to resort free of charge to a consumer mediator for the amicable resolution of a dispute with the Editor.
After a prior written request to the Editor and in the absence of a satisfactory response within a reasonable timeframe, the consumer may contact the following mediator:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris
Phone: 01 89 47 00 14
Website: https://www.cm2c.net
Email: litigesanti-bot@cm2c.net
Recourse to the mediator is free for the consumer.

14. Applicable Law and Jurisdiction

These Terms are governed by French law. In the event of a dispute and in the absence of an amicable resolution, express jurisdiction is assigned to the competent French courts.

15. Modification of the Terms

The Editor reserves the right to modify these Terms at any time. Users will be informed of substantial modifications. The applicable version is the one in force at the date of use of the Service.