Terms Of Use
ART RECALL APP
Updated and Effective September 18, 2022
End-User license Agreement
ARTICLE 1. Purpose
ART RECALL is a simplified joint-stock company, registered with the Registry of Trade and Companies of Paris under number 843 692 831, whose head office is located at 3, rue de l'Ancienne Comédie 75006 Paris (“The Company”), that provides its mobile application (“The application”) which promotes a network of value in the exclusive art world, by:
· Perpetuating instant connections; and
· Creating high valued relationships; and
· Allowing users to make connections and maintain them; and
· Creating opportunities; and
· Using technology as opposed to serving it.
The main challenge of The Company is to bring together curious individuals, both culturally and socially, to stay connected. Since everything is moving faster, The Company strongly believes in a simple, secure and regular exchange space. Using its innovative technology is also a commitment to sustainable development. The Company is committed to the preservation of the planet by fighting environmental damages.
ART RECALL operates a platform that enables users to create contacts and art events through its mobile application, which is available for download on Apple Store and its website [ URL link if existing]
ARTICLE 2. Apple App Store/Licensor Provisions
2.1. Scope of License
Apps made available through the App Store are licensed, not sold, to the user (“the User”).
The User’s license to each App is subject to its prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between the User and the Application Provider (“Custom EULA”), if one is provided. The User’s license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and its license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to as the “Licensed Application” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to the User under this Standard EULA.
Licensor grants to the User a nontransferable license to use the Licensed Application on any Apple-branded products that the User owns or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, the User may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The User may not transfer, redistribute, or sublicense the Licensed Application and, if the User sells its Apple Device to a third party, the User must remove the Licensed Application from the Apple Device before doing so. The User may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
2.2. Consent to Use of Data by the Licensor
The User agrees that Licensor may collect and use technical data and related information—including but not limited to technical information about its device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to the User (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify the User, to improve its products or to provide services or technologies to the User.
2.3. Termination.
This Standard EULA is effective until terminated by the User or Licensor. The User’s rights under this Standard EULA will terminate automatically if the User fails to comply with any of its terms.
2.4. External Services.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). The User agrees to use the External Services at its sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. The User will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. The User agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in its home country, and may not be appropriate or available for use in any particular location. To the extent the User chooses to use such External Services, the User is solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to the User.
2.5. NO WARRANTY
THE USER EXPRESSLY ACKNOWLEDGEs AND AGREEs THAT USE OF THE LICENSED APPLICATION IS AT ITS SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO THE USER.
2.6. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE USER. In no event shall Licensor’s total liability to the User for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
2.7. User obligations
The user may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported:
(a) into any U.S.-embargoed countries or
(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, the User represents and warrants that It is not located in any such country or on any such list. The User also agrees that It will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
2.8 Commercial items
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between the User and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions.
The User and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) the User is not a U.S. citizen; (b) do not reside in the U.S.; (c) is not accessing the Service from the U.S.; and (d) the User is a citizen of one of the countries identified below, the User hereby agrees that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and the User hereby irrevocably submits to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If the User is a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of the User’s usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
ARTICLE 3. General Terms and conditions of Sales
The Company is committed to maintaining a safe and trustworthy private community and the Company understands that privacy and confidentiality are of the utmost importance to our applicants and other users.
3.1. Purpose
The present general conditions of sales constitute, in accordance with the article L.441-6 of the French Code of Commerce, the unique base of the commercial relation between the parties.
They apply, without restriction or reserve, to any purchase of the services detailed in Article 3.2 of these General Terms and Conditions of Sale (hereinafter "GTCS"), offered by The Company.
Acceptance of these terms and conditions implies that the user has the legal capacity to do so, or if not, that he/she has the authorization of a guardian or administrator if he/she is incompetent, of his/her legal representative if he/she is a minor, or that he/she holds a power of attorney if he/she acts on behalf of a legal entity.
The user is required to read these terms and conditions before downloading the application. By using and accessing the Service, the user agrees to these GTCS. The acceptance of these terms and conditions implies that the user cannot contest them in case of dispute. The Company has the right to make any changes it deems useful.
3.2. Services
The Company's ambition is to allow all its users to proceed, by means of its application, to the rapid and secure transmission of an information sheet that may contain personal and professional information.
To this end, The Company publishes, operates and markets, in France and in all countries from which it is possible to download its application, software and technical solutions enabling the distribution of digital files to any person, whether or not they belong to a database.
The Company will not be responsible if the application is downloaded in a country that does not allow it. The user is therefore requested to check that such a download is legal in the country where he/she is domiciled.
The Company markets and develops its services, in all forms, relating in particular to art, the press and advertising, by means of all data transmission systems and any connectable terminal.
If have a dispute with The Company relating to the services The Company provides, in the first instance the user is required to contact The Company at [contact] and attempts to resolve the dispute with The Company amicably.
3.3. Application and registration process
The services detailed in Article 2.2 of these GTCS will be provided to users as soon as they download the RECALL application, available on the "Apple Store" and "Android" application platforms (hereinafter "the Platforms").
The terms and conditions set out in these GTCS shall only be binding on users once the application has been downloaded. It is specified that an effective download implies compliance with the entire process prior to and essential to the full and complete use of the services detailed in Article 2.
The creation of a personal space is a mandatory prerequisite for the use of the services offered by the application. To this end, The Company will collect personal data from users in accordance with the provisions of Article 5 of these GTCS. The refusal by a user to provide such information, which is essential for the creation of their personal space on the application, will stop the process of connecting to the application.
The connection to the personal space is secured by a personal password chosen by the user at the time of the first connection to the application. This password can be changed at any time. Users are entirely responsible for maintaining the confidentiality of their account information, including the password. The Company shall not be held responsible for any harmful consequences resulting from the communication to a third party of the personal information belonging to users.
Users undertake to update the personal and professional information in their personal space in a timely manner.
3.4. Prices and payment for services
The price applicable to the services rendered by The Company will be the one displayed on the Platforms on the day the application is downloaded. This price cannot be withheld for future downloads. It may be modified at any time.
The prices communicated to users, which may include any taxes, are indicated in national currency.
The terms of payment of the price of the application are those imposed by the Platforms on The Company. Consequently, users are deemed to accept the general terms and conditions published by the Platforms with regards to both the payment and the downloading of the application.
3.5. Privacy Policy
The applicable privacy provisions are detailed in the Privacy Policy Agreement.
3.6. Intellectual property rights
The Company remains the owner of all intellectual property rights on the software, algorithms, studies, drawings, designs, etc., produced with a view to providing the services to users.
Users are therefore prohibited from reproducing or exploiting the said software, algorithms, studies, drawings, designs, etc., without The Company's express prior written authorization, which may be conditional on financial compensation. In other words, users undertake not to use, reproduce, or represent in any way whatsoever the content of the application, whether or not protected by intellectual property rights.
The Company invites the user to download the application from the Platforms. It is however possible to download it directly from the website [URL]. In this context, The Company grants the user a non-exclusive user licence for the software. This licence is granted for the whole world and for all languages.
The license covers only the right to download the application and use its services, excluding:
· Any reproduction for the purpose of marketing, circulation or redistribution
· Any representation, even partial, including through online communications to the public
· Any translation, adaptation, arrangement or modification of the application
· Any compilation, disassembly, analysis or engineering relating to the application
The rights to use the application are personal and non-transferable and are valid only for a single user, for his own needs, to the exclusion of any form of provision to third parties. The user may not transfer all or part of the rights and obligations.
The provisions of this chapter are binding on users both on French territory and under the legislation of a foreign state. The content of the application is protected. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, made illegally and without the express authorization of The Company constitutes a violation of the intellectual property code, which will give rise to liability claims against The Company.
3.7. User content
The user undertakes to use the application exclusively for the purposes mentioned in these GTCS and forbids itself from:
· Undermine public order
· Adopt comportments that could offend minors
· Infringe on the right to privacy of a person, or the image of a third party
· Denigrate, defame or endanger the image or reputation of a brand or a person or entity in any way whatsoever
· Have pornographic or pedophilic content
· Undermine the security or integrity of a country or territory
· Allow third parties to obtain pirated software, software serial numbers or any software that may infringe or otherwise affect the rights or property of others
· Infringe the intellectual property rights of any person or entity
· Incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, promote war crimes or crimes against humanity
· Encouraging the use of illegal substances
· Inciting others to commit a crime or terrorist act
· Inciting discrimination against a person or group of persons on the grounds of ethnic origin, religion or race, sexual orientation or disability
· Recommending a practice, including commercial practice, that is questionable or fraudulent
Any non-compliant use of the application brought to The Company's attention will result in the immediate deletion of the user's account, without prejudice to The Company's right to take legal action before the competent court.
The user assures that he/she has read the conditions of use of the application and recognizes them as being in conformity with the services offered by The Company. He assures that he has subscribed to the services provided by The Company with full knowledge of the facts, and that he has all the necessary information to be able to give his/her free and informed consent.
The user undertakes to use the application under his sole responsibility. He shall therefore refrain from processing, distributing, downloading or transmitting through the application any information or data that would violate intellectual or industrial property rights, or any other property right, or that would constitute a breach of positive law.
3.8. User Interactions, Meetings and Events
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR ITS EXPERIENCE AT ANY IN-PERSON MEETING, EVENT OR VENUE HE IS INVITED TO OR OTHERWISE ATTEND THROUGH THE SERVICE. ITS USE OF THE SERVICE IS AT ITS OWN RISK. THE USER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE APP, TEXT CONVERSATIONS, VIDEO CHAT INTERACTIONS, IN-PERSON INTERACTIONS WITH THOSE HE MEETS THROUGH THE SERVICE, AND ITS ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE SERVICE.
The user understands and acknowledges that The Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations or warranties as to the conduct, background or fitness of its users or their compatibility with any current or future users. Further, although the Service may be used as a platform to promote, host and invite users to public and private in-person events, The Company has no involvement in the hosting or production of events, does not have any control or discretion regarding the invitees, activities, or other matters relating to any event and is not responsible for the user’s experience at any event. The user has the option to allow the Service to disclose its location to other users. While The Company endeavors to ensure the privacy and safety of all users’ interactions through the Service, The Company has no involvement, and disclaim all responsibly, with respect to in-person interactions. The user should only elect to disclose its location after careful consideration. Further, to the extent that the Service identifies the location of a user or certain locations where users congregate or frequently visit, The Company disclaims any affiliation with such locations and makes no representations or warranties as to the safety of the location or the activities taking place therein. As noted below, in no event shall The Company, its affiliates or its officers, directors, employees or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to its conduct or anyone else, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons the user meets through the Service, including those who may be able to find him through location-based components of the Service. THE USER AGREES TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF HE DECIDES TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF HE DECIDES TO DISCLOSE ITS LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.
3.9. Liability
The Company undertakes to take all necessary steps to provide quality services that meet the provisions of these GTC. The Company is only responsible for an obligation of means.
The Company's liability may only be incurred in the event of proven fault or negligence and shall be limited to direct damage to the exclusion of any indirect damage of any kind whatsoever.
The Company's liability shall be excluded in the event of fault attributable to the user. The following shall be considered as such a fault: misuse of the service, negligence, omission or failure to fulfil obligations, failure to comply with the conditions of these GTC, disclosure or unauthorized use of the password, misinformation or failure to update information in personal data. It is specified that this list is not exhaustive and may include other behaviour attributable to the user.
It is recalled that the downloading process, which is the sole responsibility of the Platforms, is governed by the terms and conditions set by the latter. In this respect, The Company may never be held liable in the event of a failure in the process of downloading the application attributable to the Platforms. In other words, when it is not possible to access the application due to technical problems of any kind, the user may not claim damages or compensation.
The Company reserves the right to delete any account that violates the terms and conditions, in particular where it is found that a user has provided inaccurate, incomplete, misleading or fraudulent information. In the event of inactivity for a period exceeding two years from the last connection to the application, The Company reserves the right to delete the user's account. This deletion cannot be considered as a fault attributable to The Company and will not give rise to any compensation for the user concerned.
The Company is authorized to insert hyperlinks in the application, which may refer the user to other applications. The Company shall not be held liable if the content of these applications contravenes positive law or these GTC. Similarly, The Company shall not be held liable if the user's visit to one of these applications causes him/her any harm.
The unavailability of one or more online services, including prolonged unavailability without time limitation, does not constitute a prejudice for the user and cannot give rise to an action for payment of damages by The Company. However, The Company undertakes to restore the services as soon as possible.
3.10. Force majeure
The parties shall not be held liable if the non-execution or delay in the execution of any of their obligations, as described in these GTCS results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.
For the purposes of these GTCS, any impediment, limitation or interruption of services due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, transmission network failure, collapse, illicit or fraudulent use of passwords, hacking, vulnerability of the security system or application hosting, flood, power failure, war, embargo, or other governmental circumstances beyond the control of The Company, shall be considered as a force majeure event. It is specified that this list is not exhaustive.
In such circumstances, The Company will be relieved of its obligations to the extent of such impediment.
3.11. Unforeseen circumstances
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all operations for the provision of services by the Provider to the Client. The Provider and the Client therefore each waive the right to invoke the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
3.12. Contact, feedback and complaints
In case of difficulties encountered when connecting or using the application, the user will be able to contact the customer service in order to benefit from a follow-up. The customer service can be reached:
· By email:
· By post:
· By phone: 09:00-12:00 / 14:00-17:00
The Company undertakes to respond as soon as possible after becoming aware of any difficulties.
3.13. Applicable Law
French Law will apply to all disputes and interpretation of these GTC.
The present GTC may be modified at any time by The Company. Those applicable to users are those in force on the date of their connection to the application, and any new connection to the personal space implies acceptance of the new GTC.
In the event that these GTC are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
3.14. Dispute
All disputes to which the services rendered could give rise, concerning their validity, interpretation, execution, resolution, consequences, and which could not be resolved amicably between the parties, shall be submitted to the competent courts of the place of The Company's registered office.
3.15. indivisibility provision
The invalidity of any one of the clauses of these GTCS shall not invalidate the other clauses, which shall retain their full force and scope.
In this case, The Company undertakes to replace the invalid provision which would best correspond to the spirit and purpose of these provisions.
3.16. Acceptance of the Customer
The present GTCS are expressly approved and accepted by the users, who declare and acknowledge that they are fully aware of them, and therefore waive the right to rely on any contradictory document.