Terms & Conditions
Last updated: October 24, 2019
These Terms & Conditions (“Terms”, “Terms and Conditions, “Agreement”) govern your relationship with the MiKee Service (the “Application”) operated by Maxime Epain (“us”, “we”, or “our”). It is important that you read this carefully because you will be legally bound to these terms.
We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Application and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Application after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
By downloading or using the Application, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the Application. You’re not allowed to copy, or modify the Application, any part of the Application, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Application, and you also shouldn’t try to translate the Application into other languages, or make derivative versions. The Application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Maxime Epain.
Maxime Epain is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason. We will never charge you for the Application or its services without making it very clear to you exactly what you’re paying for.
The Application stores and processes data that you have provided to us, in order to provide services. It’s your responsibility to keep your phone and access to the Application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Application won’t work properly or at all.
You should be aware that there are certain things that Maxime Epain will not take responsibility for. Certain functions of the Application will require the Application to access storage of external hosting services. Maxime Epain cannot take responsibility for the Application not working at full functionality if you don’t have access to your external hosting services, and you don’t have enough storage space available. You may be charged by your hosting service providers for the cost of data storage while accessing the Application. In using the Application, you’re accepting responsibility for any such charges.
If you’re using the Application outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third party charges. In using the Application, you’re accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e. region or country) without turning off data roaming.
If you are not the bill payer for the device on which you’re using the Application, and the hosting services on which your data are stored, please be aware that we assume that you have received permission from the bill payer for using the Application.
Along the same lines, Maxime Epain cannot always take responsibility for the way you use the Application i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Application, Maxime Epain cannot accept responsibility.
With respect to Maxime Epain’s responsibility for your use of the Application, when you’re using the Application, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, Maxime Epain accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Application.
At some point, we may wish to update the Application. The Application is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the Application to) may change, and you’ll need to download the updates if you want to keep using the Application. Maxime Epain does not promise that it will always update the Application so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the Application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application, and (if needed) delete it from your device.
End User License Agreement
When you download the Application from the App Store, please refer to the App Store Standard EULA.
The Application is also available under the terms of the GNU General Public License (version 3).
Third Party Websites
This Application may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Application or party by us, or any warranty of any kind, either express or implied.
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of the Application is at your sole risk. The Application is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Maxime Epain is not liable for damages, direct or consequential, resulting from your use of the Application, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Application. Because the Application is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of France without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Application shall be instituted exclusively in courts of France.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us:
