General Terms of Use

Article 1. PREAMBLE: The company CREATIVE APP has developed and markets a communication platform named PROCRECHE. This software allows for the online sharing of comments and multimedia content regarding the care conditions and activities of children, between professionals and parents. These general conditions define the terms of subscription and use. Any person using the services is irrefutably presumed to have read and accepted these general conditions.

Article 2. DEFINITIONS: PII: Personally Identifiable Information. GDPR: General Data Protection Regulation. Early Childhood Care Facilities, etc...

ARTICLE 3. PURPOSE: The purpose of these general conditions is to define the rights of access and use of the SOLUTION's functionalities for all persons accessing it.

ARTICLE 4. DESCRIPTION OF THE SOLUTION: PROCRECHE enables the exchange of content between USERS and SUPERVISING STAFF. CREATIVE APP handles the hosting, maintenance, and security of the SOLUTION.

ARTICLE 5. NETWORK AND ACCESS: Access to the SOLUTION requires an internet connection. CREATIVE APP is not responsible for the proper functioning of this network. Access is available 24/7, subject to maintenance.

ARTICLE 6. ACCESS SECURITY: Access is secured by a password that the USER agrees to keep secret. The USER assumes full responsibility for their login credentials.

ARTICLE 7. EQUIPMENT PROTECTION: The USER assumes responsibility for the protection of their own equipment. CREATIVE APP shall not be held liable for damages caused via the Internet network.

ARTICLE 8. QUALITY OF SERVICES: The USER acknowledges that the Internet network is subject to possible interruptions. CREATIVE APP cannot guarantee the absolute continuity of the SOLUTION.

ARTICLE 9. SERVICE SUSPENSION: Access may be occasionally suspended for maintenance interventions. CREATIVE APP shall not be held liable for the consequences of this unavailability.

ARTICLE 10. USER LICENSE: The license to use the SOFTWARE is governed by the general terms of sale signed by the HOSTING STRUCTURE. The USER has a right to access consultation features and, depending on permissions, content submission features.

ARTICLE 11. DATA PROCESSING: The HOSTING STRUCTURE is and remains the sole and unique DATA CONTROLLER for personal data. CREATIVE APP provides the software tools allowing the HOSTING STRUCTURE to comply with GDPR. The servers are hosted with AWS - AMAZON.

ARTICLE 12. DATA SECURITY: CREATIVE APP implements technical and organizational measures to prevent fraudulent access and to prevent the loss, alteration, or destruction of data.

ARTICLE 13. BROADCAST AUTHORIZATION: The HOSTING STRUCTURE undertakes to request, whenever necessary, authorization from the holder of parental authority for the broadcasting of multimedia content where a minor may appear.

ARTICLE 14. PUBLISHED CONTENT: The SUPERVISING STAFF agrees not to produce any content contrary to the interest of the person in care. Any illicit content must be promptly reported to info@procreche.ma.

ARTICLE 15. BROADCASTING PROHIBITION: Unless expressly agreed, no one may distribute the SOLUTION's content outside the family circle. Any publication on social networks is strictly forbidden and may engage the liability of its author.

ARTICLE 16. FORCE MAJEURE: In accordance with Article 1218 of the Civil Code, a force majeure event shall release the parties from their liability.

ARTICLE 17. PERSONAL DATA - RIGHT OF ACCESS: In accordance with the law and GDPR, the USER has a right of access, rectification, opposition, deletion, and portability of their data, which can be exercised by emailing info@procreche.ma.

ARTICLE 18. APPLICABLE LAW - JURISDICTION: For professionals, any dispute shall be subject to an attempt at amicable settlement and, failing that, to the competent courts within the jurisdiction of the CASABLANCA Court of Appeal. Consumers may have recourse to a mediator.

APPENDICES - AUTHORIZATION FOR IMAGE CAPTURE AND BROADCASTING: PROCRECHE is a closed and secure application. Parental authorization is essential for posting any content that allows the identification of a child or a protected adult.