These General Terms and Conditions of Sale (hereinafter "General Conditions") govern the use of the software as a service (SaaS) platform provided by CARREDASH SAS, located at 229 rue Saint-Honoré, 75001 Paris, registered with the Paris RCS under the number SIREN 983 657 636 (hereinafter the "Company"). These General Conditions constitute a binding agreement between the user (hereinafter the "User", "Customer", "you") and us concerning your use of the Service. By accessing or using the Service, you agree to be bound by these General Conditions. If you do not agree with these General Conditions, you may not use the Service.
Our Service, known as Howmiz, is a software as a service (SaaS) platform designed for owners and managers of short-term rentals. The Service provides Users with an online platform (hereinafter the "Platform"). The Service allows these Users to create tutorials (hereinafter "Tutorials") explaining to their tenants how to use the devices, installations, and equipment (hereinafter "Equipment") available to tenants in their accommodations (hereinafter "Accommodations"). These Tutorials are accessible via customizable QR Codes (hereinafter "QR Codes") provided to Users by the Service. Tutorials created by the User can include written instructions, images, videos, and other forms of visual or interactive content. Each Tutorial is added to the Service and hosted on a dedicated web page ("Tutorial Page"). The same applies to Equipment and Accommodations, which have their respective "Equipment Pages" and "Accommodation Pages". We will refer to "Pages" or "User Pages" to designate Accommodation Pages, Equipment Pages, and Tutorial Pages. The User adds content related to their Accommodations, Equipment, and Tutorials, which may include textual information, photos, videos, or any other type of multimedia content, collectively referred to as ("Content"). Using the Service requires an internet connection and a compatible device, such as a smartphone with a camera capable of reading QR Codes.
To access the Service, you must register and create a user account (hereinafter "User Account", or "Account") by providing your login credentials consisting of an email address and a password. During registration, you will need to provide certain personal information, such as your name, email address, and valid billing information. You guarantee that all the information you provide is accurate, complete, and up-to-date. You are responsible for maintaining the confidentiality of your password and Account, and you agree to notify us immediately of any unauthorized use of your Account.
We respect your privacy and are committed to protecting your personal information in accordance with our Privacy Policy (available here: https://www.howmiz.com/en/privacy-policy). By using the Service, you consent to the collection, use, and disclosure of your personal data in accordance with our Privacy Policy. We implement technical and organizational security measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction.
Using the Service is subject to subscribing to a paid subscription plan with automatic renewal, the fees of which are detailed on our Pricing Page ("https://www.howmiz.com/en/pricing"). The fees are based on the subscription plan you select and may vary depending on factors such as the number of Accommodations, the number of available Tutorials, and the number of QR Codes provided. You agree to pay all applicable fees related to your use of the Service. Fees are automatically billed at the billing frequency you have chosen (monthly or annually) and payment is triggered from the credit card information provided during your registration. The subscription is subject to automatic renewal until termination of your subscription in accordance with section 12 "Termination" below.
By using our platform, you have the option to order displays to showcase your QR codes. By placing an order via our Platform, you agree to these General Conditions and Delivery Terms applicable to these displays and other physical accessories. We are committed to processing your order as quickly as possible and delivering the displays to you in accordance with the terms agreed upon at the time of the order.
Delivery Times: We strive to deliver your order as quickly as possible. Delivery times may vary depending on your geographical location, order characteristics, and product availability. Estimated delivery times will be communicated to you at the time of the order or upon request at this email address: contact@howmiz.com.
Delivery Terms: Ordered products will be delivered to the address you provided when placing the order. It is your responsibility to ensure that the delivery address is correct and complete. We are not responsible for delivery delays or losses resulting from an incorrect or incomplete address provided by you.
Delivery Fees: Delivery fees may apply and will be indicated at the time of the order. These fees may vary depending on the chosen delivery method, delivery destination, and order weight/volume.
Order Receipt: Upon receiving your order, please inspect the delivered products to ensure they match your order and do not show any apparent damage. If you encounter any issues with your order, please contact us as soon as possible so we can resolve the situation.
Order Tracking: For some orders, a tracking number may be provided so you can track the shipment of your package until delivery.
Right of Withdrawal: You have the right to withdraw from your purchase within 14 days from the receipt of your order, without providing any reason or incurring any penalties. To exercise this right, please contact us by email at this address: contact@howmiz.com and provide the details of your order.
Return Conditions: Returned products must be in their original condition, unused, and in their original packaging. Any returned product that is damaged or used will not be eligible for a refund.
Return Fees: Return fees will be your responsibility unless the product is defective or there is an error on our part.
Refund: After receiving and inspecting the returned products, we will process the refund within 14 business days. The refund will be made using the payment method used at the time of purchase.
Exceptions: Some products may not be eligible for return or refund for hygiene or safety reasons. These products will be clearly indicated as such at the time of purchase.
Contact: For any questions regarding our return and refund policy, please contact us by email at the following address: contact@howmiz.com.
Force Majeure: We disclaim any liability for delays or inability to deliver resulting from circumstances beyond our control, such as natural disasters, strikes, transportation failures, acts of terrorism, government restrictions, or any other event qualifying as force majeure.
Acceptance of Terms: By placing an order on our Platform, you agree to these Delivery Terms and acknowledge having read the applicable delivery terms for your order. Orders for displays are subject to availability and acceptance by the Company. The Company reserves the right to refuse or cancel any order for any reason at any time. If an order is refused, the Company will inform the Client by email and will refund any payment already made by the Client within a reasonable timeframe.
All intellectual property rights related to the Service, including but not limited to copyrights, trademarks, patents, and trade secrets, are the exclusive property of CARREDASH SAS and its licensors. No intellectual property rights are transferred or granted under these Terms, except as expressly stated herein.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal and internal business purposes in accordance with the conditions defined in these Terms.
You are solely responsible for all activities that occur under your User Account. You agree not to use the Service for illegal, abusive, or fraudulent purposes. You agree not to access the Service in an unauthorized manner, interfere with its operation, or use it in a way that disrupts the experience of other Users. You are responsible for maintaining the confidentiality of your password and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
In connection with your use of the Service, you agree not to:
We reserve the right to modify these Terms at any time. If we make significant changes to these Terms, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
You may terminate your subscription and cease using the Service at any time. To do so, you need to unsubscribe from your Account settings on the Platform. Termination will take effect at the end of the current billing period, and no refunds will be provided for the remaining period. We reserve the right to terminate or suspend your access to the Service immediately, without notice or liability, if you breach these Terms or if we reasonably suspect that you have breached these Terms. Upon termination, you must cease all use of the Service and delete any copies of the Service in your possession or control.
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We make no representations or warranties regarding the accuracy, completeness, or reliability of any content available through the Service.
To the maximum extent permitted by applicable law, CARREDASH SAS and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from
(a) your use or inability to use the Service;
(b) any content obtained from the Service;
(c) any unauthorized access to or use of our servers and/or any personal information stored therein; (d) any interruption or cessation of transmission to or from the Service;
(e) any bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the Service by any third party;
(f) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and
(g) any other matter relating to the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damages. In no event shall our total liability to you for all claims arising out of or relating to these Terms or the Service exceed the amount you have paid to us in the 12 months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless CARREDASH SAS and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to
(a) your use or misuse of the Service;
(b) your violation of these Terms;
(c) your violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights; or
(d) any content you provide to the Service.
These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the courts located in Paris, France, and you consent to the jurisdiction of such courts.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the Terms and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. These Terms constitute the entire agreement between you and us regarding your use of the Service and supersede any prior agreements between you and us relating to the Service.
If you have any questions about these Terms or the Service, please contact us at:
CARREDASH SAS
229 rue Saint-Honoré
75001 Paris, France
Email: contact@howmiz.com