General sales conditions for professional users
Previous Article : Definitions
By “Qwarto” we mean the virtual staging platform and its company services.
By “Site”: we mean the set formed by the Site “qwarto.com”. Sites qwarto.com and my.qwarto.com the sites qwarto.com and my.qwarto.com are web platforms.
"User" means any legal entity visiting or using the Site in a professional capacity.
"Application" refers to the mobile tool named "Qwarto" to access the Services.
"Terminals" refers to all the tools used to access the Site and Services, such as mobile phones, smartphones, computers and digital tablets.
By "Qwarto account" means the account created by the User on the Site in order to have access to advanced free features (backup plans, etc ...) and expensive functions (virtual vision, etc ...).
By "Services": we mean the various free or paid features offered on the Site in particular, the creation of virtual spaces via the tool made available on the Site or from the data communicated or drawn by the User with a visualization in 2D or 3D, the ability to perform virtual photographs, virtual tours or 360 °.
"Credits" means the unit of exchange required by Qwarto for the payment of each service. Credit can be purchased from Qwarto web-app platform.
Article 1 : General
Qwarto is a company specializing in the provision of 3D digital modelling services in the field of real estate.
These Terms apply exclusively to all services offered on the Site and the Application. Visiting the Site or using the features offered on the Site and the Application implies the full and unreserved consent of the User to these Terms.
Any contrary condition opposed by the User will be, in the absence of express acceptance, unenforceable against Qwarto, regardless of when it may have been brought to its attention.
The fact that Qwarto does not avail itself of any of these UGC can not be interpreted as a waiver to invoke any of these conditions at a later date.
The drawings, illustrations, photographs and more generally any representation of the Services on the Site have a purely figurative and non-contractual value
Article 2 : Description of the Services offered
2.1 : Free interface
Any User may freely browse the public pages of the Site.
The Site is free to access.
The free panel only allows access to the 2D interface for creating plans as well as to the primary 3D visualization.
To save the plans made from the free interface on the Site, it is first necessary to create a Qwarto account under the conditions defined in article 3.
The Qwarto account is backed up for 10 years.
The free interface allows the user only the design of a 2D plane and its reduced visualization in 3D in 480x270 pixel resolution, watermarked.
2.2 : Paid Features
To access Advanced Services, any User must register in advance by creating an Account on the Site under the conditions defined in Article 3.
Qwarto proposes the provision of 2D and 3D interfaces more powerful in order to be able to generate visuals with a resolution 1920x1080 pixels (Full HD) and 3840x2160 pixels (Ultra HD)
These services include:
- editing high-definition virtual photographs of created plans,
- 360-degree virtual tours and real-time visits by downloading a specific application,
- the future possibility of importing images from an "image bank".
- 2D Plan / 3D Plan / FHD Inner Perspective
- 2D plan / 3D plan / UHD inner perspective
- 360 ° panoramic view
- Module before / after
- Real time visit available soon
The User may also entrust Qwarto with the task of making virtual plans and arrangements from a PDF document such as an architect's plan.
- Plan creation by Qwarto
- 3d formula including the creation of the plan, 2 shots 3D FHD, 1 perspective FHD of the living room
- Formula before / after including the creation of the plan, 2 plans 3d FHD, 1 prospect FHD of the living room, a module before / after
- Virtual Reality formula including the creation of the plan, 2 shots 3D FHD, 1 perspective FHD of the living room, a panoramic virtual tour of the complete housing
- Real-time formula including the creation of the plan, 2 shots 3D FHD, 1 perspective FHD of the living room, a real-time visit of the complete housing (currently not available)
2.3 : Client request not compatible with the Qwarto application
Qwarto reserves the right to refuse an order if Qwarto believes that the features of the application can not adequately reflect the expectations of the customer.
Article 3 : Creation of the Qwarto account
Qwarto provides Users with an account for free and for an indefinite period subject to the conditions defined in article 3.1 and compliance with these general conditions of use. User may cancel an Account at any time under the conditions defined in article 9.1.
3.1 : To be a User of the Site, the User must:
- To be regularly registered in accordance with the rules of the territory in which it is located.
- Use the Site for professional purposes.
- To have its seat on the territory of the European community.
- To have read and accepted these Terms.
3.2 : Users wishing to access the advanced features offered on the Site must create an Account.
He / she must complete the registration form, some fields of which are mandatory (mention of an asterisk). The individual undertakes to complete the form in good faith by providing accurate information and undertakes to keep his information up-to-date. The User undertakes not to conceal his true identity. It is reminded that the registration and use of the features of the Site of a legal person can only be carried out by a duly authorized person to commit it, otherwise Qwarto will not be able to be held liable for this. title. Qwarto does not have the technical capacity to exercise control over the real identity of people creating Qwarto accounts, the User is deemed to register as a professional and can not avail of the provisions of the Consumer Code.
Before finalizing his registration on the Site, the User agrees to read these Terms and to respect them. The commitment is effective by ticking the box "I declare to have read and accepted the present general conditions of use" located at the end of the general conditions of use. In the absence of acceptance, the User can not finalize the creation of his Account.
The User must at the end of the registration form, fill in his email address in the "login" area and create a password.
The email address must be valid and accessible by the User. In any case, Qwarto can not be held responsible for the temporary or permanent impossibility of the User to access his email address.
Qwarto is not required to verify the reality of the information specified by the User and does not have the technical and / or legal means to do so.
3.3 : The User agrees to make every effort to keep his access code secret and not to disclose it to third parties in any form whatsoever.
It is agreed that the online communication of identifiers is proof of the identity of the User and has the value of an electronic signature within the meaning of the Civil Code, the identifiers being personal, individual, confidential and non-transferable. In general, the User is entirely responsible for the use of the identifiers concerning him and he is responsible for keeping his password. He will ensure that no other unauthorized person has access to his Account.
The User agrees to immediately inform Qwarto of any unauthorized use of identities and / or any breach of security of his account.
The individual agrees to contact the customer service of Qwarto site and whose contact details appear on the Site without delay in case of fraudulent use of subject’s Account.
Article 4 : Rules of use of the Site
In the context of the use of the Site, the User agrees:
- To be honest and sincere in the use of the Site.
- To respect the rights of others and more particularly intellectual and industrial property rights.
- To respect the rights and regulations in force.
- Not to exploit concepts, plans or documents of which the user would not have the rights.
- Not to download, distribute viruses, other malicious codes or other technologies likely to harm the Site and more generally any action likely to undermine the integrity of the Site or the Application.
- Not to undermine the Site and more generally, the rights of Qwarto.
- To use the Site or its services for a purpose and / or in conditions contrary to the regulations in force and to these general conditions of use.
Failure to comply with the conditions specified above, Qwarto may suspend or terminate the Account of the User, in accordance with Article 9.2 of these general conditions of use, without prejudice to any other remedy.
Article 5 : Accessibility to Services
5.1 : Prerequisites
It is the User's responsibility to check that he has the necessary hardware to access the Site and the Services, Qwarto will in no way be responsible for the said selected equipment under the responsibility of the User who is also responsible for the security and the protection of its equipment.
The User must at least, have access to high-speed Internet and a terminal to connect to the Internet. Obsolete internet browsers and legacy Terminals that do not allow recent internet technologies to work may not turn the Application or slow down its use.
Any use of the Services implies the User's acknowledgment of the conformity of his equipment with the technical prerequisites.
Equipment and access to the Internet remain the sole responsibility of the User.
5.2 : Continuity of Service
Qwarto is bound to an obligation of means within the framework of the Services that it proposes. Qwarto undertakes to implement all necessary means to ensure the best delivery of its Services.
The Services are accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of Qwarto and subject to possible breakdowns and maintenance of the server. Qwarto reserves the right to interrupt access to the server to perform a maintenance or improvement technical intervention to ensure the proper functioning of the Site and its Services.
Qwarto can not guarantee the continued availability of the Site and its Services. As such, the User can not claim to Qwarto any compensation in case of unavailability of the Site and / or its Services.
Qwarto reserves the right to make any modifications and improvements to the Services that it deems necessary or useful, without obligation to notify the User in advance and without these modifications being able to generate a right to any compensation.
All Users declare to be informed of the unreliability of the Internet, especially:
- On security in data transmission,
- The obligation to protect his equipment or computer network with a regularly updated anti-virus,
- Unsecured performance in terms of volume and speed of data transmission,
- On the fact that the continuity of access to the service is not guaranteed.
The Services may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the Site.
In general, Qwarto would not be held responsible in case of malfunction of the Site due to maintenance, technical problems, the inability to access the Site and failures of the hosting server.
5.3 : Warnings
The User declares to accept the characteristics and the limits of the Internet, and in particular to recognize that:
- Its use of the Site is at its own risk and under its full responsibility, the Site is accessible as is and according to its availability. Any express or implied warranty of satisfactory quality, fitness for a particular purpose or peaceful enjoyment, relative to the Site is expressly excluded in the context of the present
- Any material, document, file downloaded by the User or obtained in any other way when using the Site and its services, is at his own risk, the User is responsible for any damage suffered by his equipment personal data (computer, tablet, software ...) or any loss of data resulting from the downloading of this material or the use of the Site. It is therefore his responsibility to take all appropriate measures to protect his own data and / or software contamination by possible viruses circulating through the Internet, the Site and its services
- The User is aware of the nature of the Internet, in particular its technical performance and response times to consult, query or transfer data.
It is the User's responsibility to back up and archive data and computerized processes to ensure their preservation, inviolability and subsequent reading. In general, the User must take all necessary measures to ensure the protection and preservation of his data. Qwarto can not be held responsible for any accidental destruction or loss of data, documents of the User. It is up to the User to save his data (documents, files, etc.) by his own means on any viable medium or to print them.
5.4 : Assistance
In case of difficulty of navigation on the Site or the Application or any other problem on the supply of the Service, the User is invited to contact the Qwarto customer support by sending an email to the following address: firstname.lastname@example.org
Article 6 : Order on the site
Users wishing to access "paid" features described on the Site and the Application must order from Qwarto Credits.
The order process is the one on the Site.
Article 7 : Financial conditions / Methods of acquisition of Credits
7.1 : Definition of Credits / Financial Conditions
A Credit constitutes a unit of exchange to be able to access the "paying" Services proposed by Qwarto. The User may acquire Credits from Qwarto, under the conditions defined in article 7.2.1 of these Terms.
A Credit is the consideration requested by Qwarto for the User to use the "paid" features. Each feature corresponds to a Credits value. The payment of the expensive services offered by Qwarto is done systematically by the use of "Credits".
The price in terms of Credits for each Service is the one appearing on the Site on the day of the order of the Service.
Credits remain assigned to a Qwarto account until they are used. Unused credits carry no interest or refund rights.
Credits can only be used on the Site.
Prices are divided into two categories:
- The price of the Services is expressed in number of Credits defined, specified on the Site and on the Application.
- The price of the credits is expressed in euros, excluding taxes according to the tariff appearing on the Site and on the Application.
7.2 : Obtaining Credits
7.2.1 : Purchase of Credits
The acquisition of Credits is done by the subscription of Credits packs proposed on the Site or in a personalized way.
For this, The user or account holder operates the selection of the Credits package and proceeds to its payment. Payments are made online The User will pay his order using PAYPAL’s secure online payment solution.
The Price warrants to the User is the one appearing on the Site at the time of the order. The price is firm and definitive. All taxes, fees, fees payable under applicable laws and regulations will be borne by the User. Payment of the entire price is done upon order.
Purchases of Credits are deemed to be made in France and subject to French law.
No other means of payment are accepted except with the express written agreement of Qwarto.
An invoice will be sent for the purchase of Credits at the time of confirmation of the order.
The User's Qwarto account will be credited with the number of Credits following the subscribed pack.
For any difficulty, the User may contact the Qwarto customer support under the following link: email@example.com
As part of the payment to the PAYPAL Provider, the User agrees to comply with the terms and conditions of use of the Provider.
7.2.2 : Sponsorship
The User with a Qwarto account may sponsor to subscribe to an offer on the Site. This sponsorship is done by synchronization of his personal mailbox, he must do so, check the email addresses of people he wants Qwarto to contact. By checking the box, the User authorizes Qwarto to have access to his email contacts. His contacts will receive an invitation from Qwarto to adhere to his offers.
The sponsorship allows the Sponsoring User to be credited with five (5) Credits, not combinable with other offers, as soon as his / her godchild has created a Qwarto account and purchased 25 credits. It is specified that a godson can only have one sponsor. The offer is valid only if the godson has filled in the correct email address of his godfather when opening his account.
In the event that Qwarto would notice serious irregularities regarding the use by a User of its sponsorship system. It could then take all necessary measures to stop these irregularities, namely the suspension of access to the Site or the deletion of its Account.
7.2.3 : Assignment of intellectual property rights
The User may obtain credits by assigning the intellectual property rights he holds on the plan he has drawn using the tool on the Site (the design, layout and creation of the plan) or the PDF brought.
The User must first make sure with third parties that he holds all intellectual property rights on these plans, concepts and creations.
By assigning the rights, the User certifies to Qwarto that he holds all the intellectual property rights in the document, the image, the plan and the concept concerned (hereinafter referred to as: the items ceded). The user must tick the box granting this guarantee, otherwise the transfer of rights is not possible.
In order to comply with the requirements of Article L. 131-3 of the French Intellectual Property Code, the rights transferred include:
This assignment does not imply any assignment of the moral rights attributes (right to respect of his name, quality and work).
This rights assignment is granted for the whole world, and for the entire legal term of protection of intellectual and industrial property rights.
In return for the assignment of rights, Qwarto will be liable for a lump sum the amount of which is specified on the Site, paid in the form of Credits.
This assignment is firm and final.
In this case, Qwarto may exploit the items sold six (6) months after their assignment by the User.
The User warrants that the items assigned do not constitute an infringement. It guarantees that the assignment of the transferred items does not affect the rights of third parties, whatever they may be. The User guarantees Qwarto in general that nothing can prevent the free use of the sold items.
Consequently, the User guarantees Qwarto against any action, claim, claim or opposition on the part of any person invoking an intellectual or industrial property right or an act of competition and / or parasitism to which the assignment would infringe.
7.3 : Penalty clause for late payment
In case of late payment, Qwarto may first suspend the execution of all or part of the orders in progress, and secondly refuse any new order, without prejudice to any other course of action.
The payment of the price means the actual receipt of this price.
Any invoice totally or partially unpaid at the due date for any reason whatsoever, bears interest, automatically and without prior notice, at an annual rate equal to three times the rate of legal interest, calculated by monthly payment commenced .
In accordance with art. L441-6 of the Commercial Code, any delay in payment will result, if it seems to the Company, and from the first day of delay:
- To the application of a late interest, calculated on the entirety of the sums remaining due, and based on the REFI rate of the European Central Bank plus 10 points,
- The application of a lump sum compensation for recovery costs of 40 euros (European Directive 2011/7 of 16 February 2011, Law 2012-387 of 22 March 2012 and Decree 2012-1115 of 2 October 2012),
- Where the recovery costs incurred exceed the amount of this lump sum compensation, additional compensation will be requested upon justification.
Late payment penalties are due without the need for a reminder
Article 8 : Terms of Service
8.1 : The services offered by Qwarto are generally performed within 4 working days from the notification of acceptance of the order.
The delay is given only as an indication.
Any delays may not give rise to the cancellation or the resolution of the order, nor to any compensation.
In any case, in case of force majeure or non-compliance by the User of the Terms, Qwarto will be relieved of any obligation of delay.
Qwarto remains the sole judge of the various means necessary to carry out the services ordered by the User.
Qwarto will be able to outsource all or part of its missions.
8.2 : Responsibility
Qwarto undertakes to implement all the means necessary for the implementation of the Services that it makes available or provides to the User. Qwarto undertakes to use all the means at its disposal to ensure that Internet users have access to the Sites and Services, and to remedy any malfunction or anomaly as soon as possible.
Qwarto undertakes to take out the insurance necessary for the execution of this contract.
Neither any of the party shall be held liable to the other for non-performance or delays in performance of an obligation of this contract that would be due to the occurrence of a case of force majeure such as usually recognized by case law.
The responsibility of Qwarto can be committed only in case of misconduct established against him and duly proven.
In the event that Qwarto's liability is incurred under the Contract, it will be responsible for the repair of all direct material damages resulting therefrom, excluding consequential damages such as commercial or financial loss, loss of customers, the damage to the brand image, the loss of profit, the commercial or financial loss, the increase of the general expenses, ... Insofar as the liability of Qwarto would be retained under this Contract, the total amount of damages interest that Qwarto may be required to pay to the User in compensation for the damage suffered can not in any way exceed all direct damages, an overall maximum amount equal to € 500 for the entire duration of the benefits in question, irrespective of the legal basis of the claim and the procedure used to bring it to a successful conclusion.
The User and his insurer waive any recourse beyond the limit of liability referred to above.
Article 9 : Suspension / Termination of Qwarto account
9.1 : Termination on the initiative of the User
Users wishing to terminate their Qwarto account must make the request by email to the following address: firstname.lastname@example.org. Qwarto will delete this account within 8 business days of the request.
The User who requested the cancellation can not however claim to refund the Credits he still had. It can not also claim the recovery of intellectual property rights assigned in the context of Article 7.2.3 of these general conditions of use.
Qwarto will delete all data relating to the User once the account terminated by it. In case of termination at the request of the User, the latter must perform any useful steps to recover his data before the day of the termination of his Qwarto account.
9.2 : Suspension and termination on the initiative of Qwarto
The Qwarto company reserves the right to suspend the Qwarto account or to terminate it at any time, without notice and without any right to compensation, in case, without this list being exhaustive:
- Non-compliance by the User with these Terms and especially the rules of use defined in Article 2.4. above,
- Fraudulent use or gross abuse of the Qwarto account,
- Non-connection to the Qwarto account for a period of 12 months,
- Serious and repeated violation of the intellectual property rights of a third party or Qwarto,
- Of hostile action to Qwarto, Qwarto and its Users (especially in case of computer attack),
In case of termination on the initiative of Qwarto, the User will be notified by email that he will have a period of fifteen (15) days to recover his data. At the end of this period, Qwarto will delete the data relating to the User. The User who has been terminated can not however claim the refund of the Credits he still had. It can not also claim the recovery of intellectual property rights assigned under Article 6.1.3 of these general conditions of use.
Article 10 : Consequences of termination
In all cases of termination, the balance of Credits remaining on the day of termination will be permanently lost, without possible refund for the User. Similarly, the data saved by the User on the Qwarto account will be deleted. All fruits of services and intellectual property rights acquisition will remain with Qwarto and will not be removed.
Article 11 : Intellectual Property
11.1 : Intellectual property of information provided by the User
As part of the services entrusted to Qwarto, the User authorizes Qwarto to use the data he transmits for the processing of his order.
As part of the performance of its services, Qwarto may be required to communicate this data to its partners (including subcontractors).
The User declares to hold all the intellectual property rights on all the elements that it is likely to transmit to Qwarto for the realization of the services.
In particular, it undertakes to verify the absence of intellectual property rights other than its own on the elements transmitted and that the exploitation of these data does not infringe the rights of a third party in particular, does not infringe a any contractual commitment.
If the User only has a right to use, the User agrees to provide proof of his right to use and the explicit authorization of the rights holder for the intervention of Qwarto.
The User remains the owner of his rights insofar as he has not transferred them in the context of article 7.2 of these general conditions of use.
11.2 : Intellectual Property of Qwarto Productions
Qwarto is the sole owner of intellectual property rights in all his works.
The works of Qwarto include: 3D realizations, visits, points of view, any achievement leading to the creation of all visuals obtained through the Qwarto services, including 3D or 2D visualization, but also methods, techniques, knowledge -faires, tests and drafts used in the design of the visual and software and computer sites made available to the User.
The creations made by Qwarto specifically for the User, in execution of the order will remain the property of Qwarto.
11.3 : Property of the Site and the Application
Any total or partial reproduction of the Site and the Application is strictly prohibited, as well as all elements contained on the Site and the Application. Any reproduction or use of the elements of the Site and the Application would constitute a violation of the regulations on intellectual and industrial property.
Qwarto reserves the right to take legal action against any person who infringes his rights and these Terms.
Article 12 : Charter of personal data
12.1 : Security and confidentiality of data
The data and information collected by Qwarto are hosted by its Service Provider, in the secure Datacenters (Amazon AWS). Qwarto and the Service Provider undertake to take all the technical measures necessary to protect the data and information of the User.
However, Qwarto does not guarantee the integrity, authentication and confidentiality of information, data of any kind that the User disseminates, exchange on the Internet. It is up to the User to pay particular attention to this by protecting their terminals with appropriate security software.
The User acknowledges that the security systems put in place for the protection of information, data of any kind exchanged over the Internet are not infallible.
Qwarto can not be held responsible for the intrusion of a third party, the violation by a third party of information or data disseminated by the User via the Internet.
12.2 : Treatment of personal data
All personal data transmitted by the User physical person in connection with the use of the Services are collected legally and fairly. This data is necessary in particular to allow the User to access the Services available on the Site, to process the information and execute the User's orders.
Each User accepts the use of his data by Qwarto and partners (especially in the context of subcontracting).
Qwarto transmits all or part of the personal data of Users to its Partners, in strict compliance with the provisions of Law No. 78-17 of 6 January 1978. Any use of personal data for commercial purposes, will be the subject of a individual, prior and explicit consent of the User formalized by an agreement (check box) of the User at the time of his authentication via the login portal.
Users wishing to access Qwarto commercial offers must check the corresponding box at the end of the Qwarto account registration form. By checking the box, the User expresses his consent to receive by e-mail, the commercial offers of Qwarto. He will be able to freely reconsider his decision by modifying his choice in his Account.
Similarly, if the User wishes to receive information from Qwarto by means of newsletters, he must check the corresponding box.
Pursuant to Law No. 78-17 of January 6, 1978, it is recalled that any User has a right of access, rectification, deletion, limitation, portability and opposition of data to personal data about it processed via the Site, as well as the right to oppose the communication of such data to third parties. This right must be exercised in writing at the establishment at the following coordinates:
- Mail address
- Mail address
Qwarto will inform its partners of any opposition from the User in case of data transmission.
Qwarto has made a declaration to the National Commission for Computing and Liberties, under the number 2158773.
12.2 : Cookies
A cookie is a small data file copied to the hard disk of the User's terminal. Cookies can be installed automatically on the browser software. Cookies are used to automatically authenticate the User on the authentication portal and information relating to navigation (such as the pages visited or the dates and times of consultation), which can be read during your visits further on the Services.
The cookies set up are:
- Session Cookies
- Cookies automatic reconnection if the User has communicated his email address on the login portal.
The User may refuse or selectively accept the installation of cookies by configuring his Internet browser used from his Terminal. Access to certain offers and sections offered by the Services may be altered or even impossible.
Under Internet Explorer: the User must click on Tools at the top of the browser window and select Internet Options. In the options window, click on the Privacy tab. To enable cookies, the User must place the cursor on Average or on a lower parameter. To disable cookies, place the cursor at the top to block all cookies.
In Firefox: the User must click Tools in the browser menu and select Options, then select the Privacy pane. In order for the User to activate cookies, he must check the Accept cookies on the Site. To disable them, he must deselect the Accept cookies from the Site.
Under Chrome: the User must click on the wrench icon on the browser toolbar and select the Settings option. Click on Show Advanced Settings. In the Privacy section, the User must click on the Content Settings button. To enable cookies, select Allow local data storage in the Cookies section. Proprietary cookies and third-party cookies are then allowed. To accept only proprietary cookies, the User must block all third-party cookies without exception. To disable cookies, you must select Prohibit all sites from storing data in the Cookies section.
In Safari: go to Preferences, then click on Privacy. In the Block Cookies section, the User must indicate whether Safari must accept cookies from the Site and under what circumstances.
Article 13 : Proof
Computerized records stored in Qwarto's computer systems under reasonable security conditions will be considered as proof of communication, orders and payments between the parties. The filing of orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 14 : Modification of the Terms
Qwarto reserves the right to modify, update, rectify, freely and at any time these TOS in order to take into account legislative, regulatory or jurisprudential developments.
Any modification will be directly applicable to Users upon notification of the updated general conditions of use.
Article 15 : Applicable Law and Jurisdiction
Except for the application of police laws, these Terms are exclusively subject to French law. In case of interpretation, only the French text will prevail.
For any legal action, the parties give exclusive jurisdiction to the courts of the headquarters of Qwarto.
In the event that any of the provisions of these general conditions of use are deemed or declared, by court order, illegal or unwritten, the other provisions of these general conditions of use will remain in full force.