WaveUp Terms and Conditions of Use

In effect at 31/02/2019


The purpose of these general terms and conditions of use (referred as “GTC”) is to provide consumers with clear and fair information on the characteristics of the service offered on the website https://waveup.app and on the WaveUp mobile application. The T&Cs provide information on the legal framework for the provision of the site and application and define the conditions for access and use of the services by the “user”.

These T&Cs are available on the website https://waveup.app/cgu

ARTICLE 1: Legal information

The editing and direction of the publication of the WaveUp application as well as the website https://waveup.app is provided by Nolane Brullefert, web and mobile application developer, domiciled at 58 rue des roses, Juilly 77230.

E-mail address: hello@waveup.app

The host of the https://waveup.app website and the WaveUp application data is OVH, whose registered office is located at 2 rue Kellermann, 59100, Roubaix, with the following telephone number: 08 90 10 92 92.

ARTICLE 2: Access to the site

The website https://waveup.app provides the user with free access.

The website offers the following services:

Website showcase to present the features of the mobile application WaveUp.

The site is accessible free of charge anywhere to any user with Internet access. All costs incurred by the user to access the service (hardware, software, Internet connection, etc.) are at his expense.

ARTICLE 3: Access to the application

The WaveUp application provides the user with free access to the following services:

Creation/interaction with collaborative playlists.

The application is accessible free of charge anywhere to any user with Internet access. All costs incurred by the user to access the service (hardware, software, Internet connection, etc.) are at his expense.

When the user downloads WaveUp, he will be able to:

-Register: He will enter his name, first name, email, password.

The user's password must not be transferred to a third party.

-Create a room: If the user wants to create a room, he will have to give it a name and an emoji code. Anyone with this code will be able to join the room and interact with it (Add music, like / dislike, and have access to the available room information).

Only the creator of the room can interact with the following buttons: play/pause, next, previous, increase / decrease the sound. To create a room, the user must have a Spotify Premium account to which they log in to allow music to be added to the room. By logging in, he or she will accept Spotify's terms of use.

-Join a room: the user needs two informations to join a room: the name of the room and the emoji code of the room. Once joined, he will be able to add music and like/dislike the music. He will also have access to the room information (Name of the user who added the music, number of like and dislike of a music, name and code of the room). Any addition of music is linked to the room administrator's premium spotify account.

ARTICLE 4: Collection of website data

The website ensures that the user collects and processes personal information in a way that respects privacy in accordance with Act No. 78-17 of 6 January 1978 on data processing, files and freedoms.

The site uses the following personal data:

-Email

This data is only used when the user enters his email address in the indicated field.

In accordance with the French Data Protection Act of 6 January 1978, the user has the right to access, rectify, delete and oppose his personal data. The user exercises this right by email to the email address hello@waveup.app

ARTICLE 5: Intellectual Property

Trademarks, logos, signs as well as all the contents of the site and the application (texts, images, screenshots...) are protected by the Intellectual Property Code and more particularly by copyright.

The User must request the prior authorization of the person in charge Nolane Brullefert for any reproduction, publication or copy of the various contents. The user undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.

Any total or partial representation of this site and this application by any means whatsoever, without the express authorization of the operator of the website and the application would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.

In accordance with Article L122-5 of the Intellectual Property Code, it is recalled that the user who reproduces, copies or publishes the protected content must cite the author and his source.

ARTICLE 6: Liability

The sources of the information published on the https://waveup.app website and the WaveUp application are considered reliable, but the site does not guarantee that it is free of defects, errors or omissions.

The information provided is presented for information purposes only and in general without contractual value. Despite regular updates, the https://waveup.app website and the WaveUp application cannot be held responsible for any changes in administrative and legal provisions that occur after publication. Similarly, the site and the application cannot be held responsible for the use and interpretation of the information contained in this site and this application.

The https://waveup.app website and the WaveUp application cannot be held responsible for any viruses that may infect the user's computer, telephone or any computer equipment as a result of using, accessing or downloading from this site and this application.

The https://waveup.app website and the WaveUp application cannot be held responsible for the user's poor Internet connection, which could cause a slowdown in navigation on the site or on the application.

The site and application cannot be held liable in the event of force majeure or the unforeseeable and insurmountable event of a third party.

ARTICLE 7: Personal data and cookies

1.Personal data

1.1 Purpose

This article discusses Nolane Brullefert's commitment to the privacy of the user of the WaveUp application and website https://waveup.app. The user is informed and accepts that his personal data may be collected via registration to the application and used by Nolane Brullefert, who acts as controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data known as the “General Data Protection Regulation” or “GPDR”.

1.2. Why does WaveUp use certain personal data?

WaveUp will collect and process certain personal data of the user in order to:

-Provide and operate the Application and Service;

-Manage your Apple ID, soon Android or other user accounts;

-Implementation bug fixes and other changes and improvements;

-Make the operation of the application and service more convenient, faster and more secure;

-Facilitate interaction with other users of the Service;

-Facilitate interaction with all the music services with which we are integrated, which the user can use;

-Send notifications and messages related to the service;

-Send other messages, if necessary;

-Update on the current status of the Application, developments related to the security and protection of your Account, events related to the Application, updates and other similar events such as information on the launch of new features of the Application);

-For our own internal analyses.

1.3. The information that the user provides us with

Registration: When registering for the Service, the user must register with WaveUp, create a user profile and provide us with certain informations: Mail, Last Name and First Name, and a password. We can also allow you to use one of your major social media accounts, such as Facebook and Instagram, to complete your registration. In this case, you agree to allow your social media service provider to share certain information with us, including your email address, date of birth and gender, to the extent that they have it. Finally, we may upload photos from your social network for your Service user profile.

Profile: When the user modifies his profile, he can provide a photo and a personal description, date of birth, phone number.

Room information: By using the application, the user will probably create one or more rooms. At this point, he will give it a name, a code and there will be a number x of guests. We save this information to transpose it to the user's profile. Also when he likes or dislikes a song, it will be notified on his statistics’ profile.

Other: We may offer quizzes, surveys and contests. We may also provide features within the Service for the user to provide us with feedback, to chat with other users and/or to display content or provide us with information.

1.4. The information we collect from the user

We may also automatically collect information. They are called “Analytical Information”. We can create a unique user code for you so that we can recognize you. This code is anonymous. Some of the tools we may use to collect analytical information include:

-Cookies: detailed in ARTICLE 7 part 2. Cookies.

-Tags/Pixels/Beacons: These terms are generally used to describe small blocks of code on web pages that, for example, allow another server to measure the display of a web page.

-Location: We can normally automatically detect your location data via your phone. However, your operating system may require that you grant us permission to access your GPS. If you do not allow this access, you may not be able to use the Service.

-From Spotify: When a user creates a room to play music, they must connect to Spotify (a secure popup where their account name and password are protected). Nolane Brullefert then retrieves a Token (identification token) generated by Spotify to establish actions (search for an artist, play a title, etc.). By connecting to Spotify on our application, the user agrees to share data from his account with WaveUp, which will allow him to recover the right to play music on the application through his Spotify Premium account and to recover some of his information to complete his profile. The information is as follows: Country, total number of followers, Id, profile picture, date of birth, email, type of account (freemium / Premium).

-Other: We may use the technology available on your device, the technology similar to cookies and pixels and the technology that will be developed later, all for similar purposes.

1.5. Responsible for data and commitments

The data controller is Nolane Brullefert, web and mobile application developer, domiciled at 58 rue des roses, Juilly 77230.

These data are stored at the company OVH, whose registered office is located at 2 rue Kellermann, 59100, Roubaix, with the telephone number: 08 90 10 92 92 .

Nolane Brullefert uses tracking technologies, including cookies, to improve the Site and adapt it to the needs of the user.

Nolane Brullefert undertakes to use the Customer's Personal Data only in connection with the operation of its Website and mobile application.

In accordance with the provisions of the law of 6 January 1978 known as “Informatique et Libertés”, amended by law n°2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the user has a right of access, rectification, deletion, limitation, opposition, portability of personal data concerning him/her contained in Nolane Brullefert's files. The data are not transferred outside the European Union.


The user also has the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), in particular on its website https://cnil.fr.

For any information or complaint relating to the processing of data, the user may contact Margaux Rapin and Nolane Brullefert by emailing at hello@waveup.app

2. Cookies

The user is informed that during his visits to the site, a cookie may be automatically installed on his browser software.

Cookies are small files that are temporarily stored on the user's computer hard drive by your browser and are necessary for the use of the https://waveup.app. website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the user's visit, others remain.

The information contained in cookies is used to improve the https://waveup.app website and the application. Cookies are used for the following functions:

- Traffic control and data communications

- The login process

- Access to restricted sections

- The completion of the “participation form” is notified as soon as the app is released

- Filling in the newsletter participation form

- The use of security features during the process

- Backup of video or audio content streaming

- Sharing content on social networks.

- Access to the website with your default language or the one of your choice

By browsing the site, the user accepts them.

However, the user must give his or her consent to the use of certain cookies.

If not accepted, the user is informed that certain features or pages may be refused.

The user will be able to disable these cookies by using the settings in his browser software.

ARTICLE 8: Applicable law and competent jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the French courts shall have sole jurisdiction to hear it.

For any question relating to the application of these T&Cs, you may contact the publisher at the address indicated in ARTICLE 1 or at the following e-mail address: hello@waveup.app

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