Conditions of use 2018-10-29T16:34:55+00:00

Conditions of use

Legal Information

Website Presentation

In accordance with article 6 of law n*2004-575 of June 21, 2004, for the confidence in the numerical economy, it applies (is accurate) to the users of the website www.helixee.me the identity of different participants in the setting (framework) of its achievement (fulfillment) and its monitoring.

Owner: Novathings

Creator: Novathings

Director of publication: Novathings

Administrator: Novathings

Web Host: OVH

General user conditions of the website and its proposed services.

Use of the website www.helixee.me implies the complete and entire acceptance of the general conditions of use mentioned below. These general user conditions are able to be modified or added to at any time, the users of the website www.helixee.me are therefore invited to consult (read) them regularly.

The website is normally accessible at any time to its users However, an interruption for technical maintenance can be decided by Novathings which will do its best to communicate in advance to its users the date and time of any interruption.

The website www.helixee.me is updated regularly by Novathings. In the same way, the legal disclaimers can be modified at any time: they are nevertheless essential to the user who is invited to refer back as often as possible to become familiar with the information.

Description of supply services

The purpose of the website www.helixee.me is to supply information concerning the activities of the company and its products that it has designed.

On its website www.helixee.me, Novathings does its best to supply information as precisely as possible. However, it does not have the ability to be held responsible for omissions, inaccuracies, or any failures in the update, its own doing or that of third party partners who provide them with this information.

All the provided information on the website www.helixee.me is given as an indication, and is susceptible to change. In addition, the details represented on the website www.helixee.me are not exhaustive. They are subject to any modifications that may have been introduced since it was put online.

Contractual Limits on technical data

The website uses JavaScript technology.

The website cannot be held responsible for material damages attached to the use of the website. Furthermore, the site user joins in accessing the site using recent material, not including viruses and with an updated last generation navigator.

Intellectual property and counterfeit

Novathings is the owner of the intellectual property rights and holds the user rights over all the accessible elements on the website, notably the texts, images, graphics, logos, icons, sounds, and software.

Any reproduction, representation, modification, publication, adaptation of all or part of the websites elements whatever the means or the process used is forbidden except with prior written authorization of Novathings.

Any non-authorized use of the website or any of the items it contains will be considered shall be deemed to constitute an infringement and subject to legal proceedings under articles L.335-2 and following of the Intellectual Property Code.

Restrictions of Responsibility

Novathings cannot be held responsible for any direct or indirect damages caused to the user while they use the website www.novathings.com, and as a result wither of its use of a material that does not respond to specifications indicated at point 4, or the appearance of a bug or incompatibility.

Likewise, Novathings cannot be held responsible for indirect damages (such as a loss of business or opportunity) consecutive to the use of the website www.helixee.me

The interactive spaces (where it is possible to ask questions in a contact space) are at the disposition of the users. Novathings reserves the right to remove, without prior formal notice, all contents submitted in the space that would beak French law in particular, the provisions related to the protection of data. If need be, Novathings also reserves the possibility to question the civil and/or criminal liability of the user, notably in the case of a racist, abusive, defamatory, or pornographic content, whatever the medium used (text, photograph…).

Management of Personal Data

In France, personal data is protected most notably by law n° 78-87 from January 6, 1978, law n°2004-801 from August 6, 2004, article L. 226-13 of the Penal Code and the European Directive from 24 October 24, 1995.

During the use of the website www.helixee.me, the follow can be collected: the URL address of the links through which the user accessed the website www.helixee.me, the supplier of the internet access, the Internet Protocol (IP) address of the user.

Either way, Novathings only collects the personal information of the website user for certain services proposed by the website www.helixee.me. The user supplies this information knowingly, particularly when s/he provides such information willingly. It is explained that the user of the website www.helixee.me that they have the choice whether or not to provide the information.

In compliance with the provisions of article 38 and law 78-17 from January 6, 1978 concerning technology, files, and civil liberties, each user has the right to access, to the correction and the opposition of personal data that it concerns, carrying out this written and signed demand, accompanied by a signed proof of identity from the holder, specifying the address to which the reply is to be returned.

No personal information of the user of the website www.helixee.me will be published, exchanged, transferred, yielded, or sold to third party sites without the knowledge of the user. Only the repurchase of Novathings and its rights allow for the transmissions of the said information to the possible purchaser, who in turn would be bound by the same obligation to retain and modify the data vis-à-vis the user of the website www.helixee.me

Novathings completed a statement with the National Information Commission and Civil Liberties and registered under the declaration number 1903108 v 0.

The databases are protected by the provisions of the law from July 1, 1998 implementing the directive 96/9 from March 11, 1996 concerning the legal protection of databases.

Hypertext links and cookies

The website www.helixee.me contains a certain number of hypertexts to other websites introduced with the authority from Novathings. However, Novathings does not have the possibility to verify the content of the sites visited and consequently does not assume any responsibility in this regard.

Navigation on the website www.helixee.me is susceptible to provoke the installation of cookie(s) on the computer of the user. A cookie is a small sized file, that does not learn the identification of the user, but that saves information relative to the navigation on a computer on a website. The purpose of the data obtained in this way is to facilitate subsequent browsing of the site and also enable various measures of frequentation.

Refusing access to the cookies may make it impossible to access certain services. Users can, however, configure their computers as follows to prevent the installation of cookies:

On Internet Explorer: tab tool (picture of the gear in the top-right corner)/internet options. Click on “confidentiality” and choose “block all cookies.” Confirm by clicking “OK.”

On Firefox: at the top of the navigator window, click on the Firefox button, and go to the Options tab. Click on the Private Life tab. Configure the maintenance rules to: use the personal parameters for history. Finally, unclick it to deactivate the cookies.

On Safari: click on the picture of the menu in the top-right hand corner (gear symbol). Select parameters. Click on the “Show advanced settings.” In the “Confidentiality” section, click on the “Content Settings.” In the “Cookies” section, you can block the cookies.

On Chrome: click on the picture of the menu in the top-right hand corner (three horizontal lines). Select parameters. Click on the “Show advanced settings.” In the “Confidentiality” section, click on preferences. In the “Confidentiality” tab, you can block the cookies.

Applicable Law and Attribution of Jurisdiction

All litigation in connection with the use of the website www.helixee.me is subjected to French law. It has exclusive jurisdiction to the competent tribunals of Paris.

The Concerning Principle Laws

Law n°78-17 from January 6, 1978, notably modified by law n°2004-801 from August 6, 2004 relative to information, files, and civil liberties.

Law n°2004-575 from June 21, 2004 to support confidence in the digital economy.

Lexicon

User: the web user connecting to and using the previously-named website.

Personal Information: the information that allows, directly or indirectly, the identification of the individuals to whom it applies. (article 4 of law n°78-17 from January 6, 1978).

General terms of use for applications

Domain application

The connection and usage of the Applications published by Novathings, are considered an unconditional acceptance of the General Terms of Use of the User and Novathings Applications. They apply to any download, installation and / or use of any interface or hardware application.

The application helixee (application interface) is a software published by Novathings accessible from your smartphone, your tablet or your internet browser, by which you can interact with the various features implemented such as backup, access to your personal data and secure sharing.

The Hardware application is a software published by Novathings integrated into your connected object helixee allowing it to achieve intended functionality, to interconnect with the application interface for saving your personal data on the built-in hard drive of your helixee.

Any person connecting and using an application acknowledges and warrants to Novathings:

  • To have read the General Conditions of Use and the Rules of Confidentiality
  • To have preserved them on a reliable medium, such as printing them
  • To be of age within the meaning of the law
  • To have all the rights allowing them to access the applications and navigate the website

If you have any reservations or disputes regarding these Terms and Conditions of Use of the Applications, we must interpret this reservation or dispute as a refusal to consent to these Terms. You will then have to leave the application (s) you use, stop using them and, if necessary, uninstall them.

Changes to the Terms and Conditions of Application Use

Novathings reserves the right to modify, at any time, all or part of these Terms without any other notice than the posting the new Terms. However, the modification of the General Conditions of Use of the Applications will require your agreement.

Novathings considers that you agree to terminate the old Terms immediately and accept the new Terms accordingly.

The use of the various features of the applications may lead you to be subject to several contractual conditions. When you use the Novathings website, you are subject to the Terms of Use of the Website. When you place an order on our website you are subject to the Terms and Conditions.

Use, download and update applications

Application Interface

To access the Interface applications, you must download them to your device (smartphone, tablet, computer). Downloading interface applications, exchanging data between the interface application and Novathings information systems requires a connection to an Internet network which you must provide. The quality of the Internet connection and the processor speeds of your device (s) are essential to the quality of the user experience of the application interfaces.

The fact that you can download an Interface application cannot be considered as a presumption that your device will be compatible with the application and / or Novathings product. It is your responsibility to check the compatibility of your device with helixee and / or application interfaces.

The update of the application interfaces will be carried out according to the update policy published by the manufacturer of your device and / or the supplier of the embedded system of your device. We inform you that the update of the application interface may include substantial changes to the application interface and / or features available through the application interface. We cannot guarantee the durability of the features available through the application interface. These may vary depending on your place of download and / or your connection to the application interface.

Hardware Application

The use of a hardware application is inherent to the use of a Novathings product when the latter is connected to mains and / or connected to the Internet network.

Hardware applications are updated regularly, through automated means, without notification before this update.

We inform you that the update of the hardware application may include substantial changes to the hardware application and / or product features available through the hardware application. The hardware application may not be updated by Novathings for a few reasons, including technical, legal and contractual. We do not guarantee the durability of the features available through the hardware application. These may vary depending on the place of download and / or connection of the user.

Use of applications by users

Any download and / or installation and / or use of the applications must be done in accordance with these Terms.

By using the applications, you prohibit yourself from:

  • Any use of the applications contrary to the laws and regulations applicable and violating the rights of third parties, in particular, the rights of intellectual property and right to the respect of the privacy
  • Any action that may cause any prejudice to Novathings and / or users of Novathings applications and / or products and services
  • Fraudulently introducing any data within applications or through applications
  • Harming, interfering with or otherwise using any of the applications in any way to harm the rights of third parties or Novathings
  • Any action and / or method allowing the extraction of the data, in particular any action of automatic reading of data (Data scraping), extraction of data (data harvesting), indexation of data (Web crawling) aimed at the applications, sites, servers, databases of Novathings, allowing, directly or indirectly the migration and / or the duplication of a significant part of the data and services accessible from the applications
  • Probing, scanning or technically analyzing applications
  • Testing the vulnerability, the performance, the functionalities of the applications for any reason other than those necessary to the use of the applications
  • Circumventing the means implemented by Novathings to guarantee the security of the applications
  • The use of any means to bypass the identification techniques implemented by Novathings necessary to connect to the application and / or the module following the act of purchase
  • Accessing and maintaining without authorization within spaces normally accessible with an identification

In case of non-compliance with these commitments, Novathings reserves the right to disable your account, disabling the use of applications and this, without prejudice to any other remedy that we may implement against you.

Identification and connection modality

The connection, access and use of an application interface require the creation of an account. The interconnection between your application and the corresponding connected object makes it possible to identify you as a user of the product. This interconnection allows you to link the data from the products with your account and to have access to your data through the GUI of the application interface.

Novathings recalls that access to your account allows access to personal data and recommends that you perform a set of necessary actions to prevent a third party from accessing your account:

  • Check that your password is sufficiently secure (with enough characters, both upper and lower cases, various alphanumeric characters, etc.)
  • Disconnect your session when you exit the application. You are solely responsible for accessing your account and / or any other means available to you to connect to the applications.

Any connection to your account by a third party and to which you consent, is carried out at your sole discretion. We cannot be held responsible for any communication of personal data that may be known to one or more third parties due to the express or implied authorization that you have granted to this third party. In particular, it should be considered an implicit right to leave the application without logging out.

Intellectual property attached to the Applications

Applications contain information, elements and codes protected by Intellectual Property.

Application Interface

By downloading, installing and using an application interface, you, as a user of the application interface, are granted by Novathings or its beneficiaries, a personal license for application interfaces, their updates and evolutions, non-assignable, non-exclusive, for use in accordance with these Terms of Use of Applications, limited to the country in which you physically connect and for the time strictly necessary for your use of the application in question, allowing you, through the application interface to benefit from the different functionalities made available to you by Novathings and its partners. Consequently, you acknowledge that the Application Interfaces are not sold to you and that you do not have any right of ownership over them.

You acknowledge that this license prohibits you from performing any reverse engineering, extraction, decompilation of code, improvement, modification, marketing, rental or translation of applications interfaces.

Unless otherwise stated, the present rights are recognized on the updates and evolutions of these application interfaces. However, some functionalities can be accessible through a specific license, especially if these are published by third parties, although integrated within the application interface.

Hardware Application

By making use of a Novathings product, you, as a user of the product, are granted by Novathings a personal license for the hardware application of your Novathings product, its updates and evolutions, attached to your product, transferable only to a new user of your product, non-exclusive, for a use whose purposes correspond to a normal use of the product, limited to the country in which you use the product and the hardware application attached and for the period strictly necessary for your use of the product. As a result, you acknowledge that the hardware applications are not sold to you and that you have no property rights over them.

You acknowledge that this license prohibits you from performing any reverse engineering, extraction, decompilation of code, improvement, modification, marketing, rental or translation of hardware applications.

Elements of the Applications

The applications are composed of a set of texts, interfaces, photographs, graphics, images, navigation means, trademarks, trades or services, logos, drawings and models. Musical works, computer codes, software, fonts or any other intellectual property rights that we hold have been licensed to us by third parties to incorporate directly or indirectly into applications.

You acknowledge that this license prohibits you from performing any reverse engineering, extraction, decompilation of code, improvement, modification, marketing, rental or translation of components.

Any use of any or all the components, other than those strictly permitted by these Terms, requires our prior consent.

Protection of personal data

For Novathings, the protection of personal data is essential. You can find our Privacy Policy on our Site.

The collection and use of personal data under these Terms is subject to your consent.

You are fully aware that personal data (including your account information) that you submit to Novathings will be processed automatically. You have a right to access, rectify and oppose information about yourself. You can exercise your rights at any time by contacting Novathings support.

You may also, for legitimate reasons, oppose the processing of your personal data.

Liability – Warranties

These provisions apply:

·      At the site

·      Applications

·      Hosting services

·      API and its data accessible through the API

·      To their improvements and updates

Exclusion of guarantees

The website, applications, hosting services, API and its data and the improvements and updates thereto (hereinafter the “system structure”), are provided “as is”, “If available.” In addition to the legal warranties that cannot be waived, we do not implement any warranty, expressed or implied, of any kind. Thus, we will not be obliged to guarantee you the commercial quality, the adequacy of a particular use, the availability of the system structure, the security, the availability of the rights relating to the system structure, the good functioning of the system structure, the fact that these are free from errors, anomalies, inaccuracies, failures, bugs or that they may be corrected, the compatibility of the means with any type of material including computers, interruption of any form and duration, their reliability, accuracy and completeness.

As a result, any action directly or indirectly related to the use of the means is carried out at your own risk and according to your own consideration. In particular, the following actions are considered to be direct or indirect actions:

Downloading all or part of the system structure

Access to services through one or more system structure

Temporary or permanent storage of all or part of the system structure

The provision of Products or Services requiring the use of one or more system structure

Limitation of liability

Unless otherwise required by law, Novathings’ liability for any damage directly or indirectly related to the use of the system structure cannot be incurred due to direct or indirect damage, material or immaterial, including loss of profit, loss of chance, loss of customers, loss of data, loss of image and / or immaterial damage you suffer.

Under the same conditions you will not be able to engage the personal responsibility of the managers, directors or employees of Novathings without the establishment of a fault sufficient enough to engage their responsibility.

Any costs incurred by Novathings as a result of any action by a third party because of your use of the Materials, including attorney’s fees, legal fees, convictions and / or any other charges to which Novathings would be subject or should legitimately commit as a result, may be fully billed to you by Novathings.

Confidentiality Rules

If you do not find the response to your questions, please contact us through our help page.

What data is collected by Novathings?

Novathings’ services and products collect data that allows, directly or indirectly, to identify you. This could be your first or last name, your E-mail address, or even your zip code, etc. We are completely devoted to the security of your personal data and we are engaging in giving them maximum protection.

How can you control your personal data?

It is important that you have the ability to protect your private life while you use products and services that affect more or less your personal data. At Novathings, we assure your rights in order to guarantee the security of your digital life.

Access your personal data

Throughout the installation of our products, an E-mail sent to you will recap for you the personal data that you have supplied to us. You can also access your personal data from the “My Account” section on your mobile application, office equipment, and the website.

Correct your data

You can modify your personal data whenever you would like, directly through our applications and our customer service representative will complete the request.

Protect your data

Your data undergoes special protection at Novathings. That is why you have the obligation to create a protected account with a password to use our products and applications.

Understand how to share your data

In a secure manner, at Novathings we keep certain parts of your private data collected when you create your account and when you install our products. We do not share it.

The data that you share with us voluntarily from our products undergoes continuous security, encryption, and patenting processes by Novathings. You are guaranteed maximum confidentiality between you and your recipients.

Removal of your account

You have the right to erase the data that concerns you by removing your account. To do that, you much make a request to do so with the assistance of Novathings.

Which data is collected and when?

Using Novathings’ products and services, you provide Novathings with your data:

When you visit and use our sites and services

Certain data is collected when you visit our website or when you order a product on our online store. For example, we will keep the information concerning your order such as your shipping address. However, in no case will we ever know your financial information.

When you create an account with Novathings

When you create a Novathings account, we collect information relative to your user account that allows us to identify you. You account allows for the protection and the control of your personal data.

When you install and use a product from Novathings

Novathings collects your information when you install our products and use them. The name that you give to your product, your MAC address and Wi-Fi are the types of information that we collect that allows us to follow-up in case of a request of assistance.

When you install a Novathings product, it will as you to download the corresponding application of the product and to create and account. Certain functions are only available with Internet connection or between your product and the application.

When you contact our customer service

When you make a customer service call to Novathings, you send information that allows us to identify you. The data transmitted stays confidential when you contact us through our website or through our support platform.

In the reply to your request for technical support, a part of your data might be temporarily transmitted to our team just until the resolution of the problem. We ensure that our team complies with our confidentiality rules.

How is your data used?

To use the product features

By using our product and services, you may be asked to download personal data to our products. We will give them back to you through your product without Novathings gaining access to them. Your data is encrypted and secured by your user account.

To communicate information to you

We will make use of certain data to communicate with you like your E-mail address, notably in the case of a discussion with technical support at Novathings. You can also be made to receive information about Novathings or its products. If you do not want to receive this information, you must click the Unsubscribe link at the bottom of the email you have received.

How long do we keep your personal data?

Unless the law gives us a specific time frame, we keep your data for no longer than the time required for the purposes for which they are collected and processed. Thereby, we maintain personal information attached to your account only as long as you have not deleted your account.

Where do we keep your personal data?

To guarantee the security of your data, it is stored and processed in our servers. The servers are located in France and are subject to the high-level protection laws for your personal data.

What is the minimum age required to use Novathings’ products and services?

You must be at least seventeen (17) years old to create an account and use our products and services.

If you are a minor, your parents or legal guardians (hereafter called “Parents”) must give their explicit permission to the customer support at Novathings. Our teams will respond to any and all questions that your and your parents might have concerning the use of our products and services from the rules to the collection of personal data.

How do I delete my Novathings account?

It is possible to delete your user account by sending a request to the customer support at Novathings.

However, certain data can be kept within our backup system that we produce regularly. That is why your data can stay in our servers after your request.

Can the privacy policy change?

We can modify our privacy policy to adapt to your needs, to the evolution of the law, or to the change of our products and services. We will inform you when any changes have been made.