In effect on 27/11/2020
ARTICLE 1: LEGAL NOTICES
SAS SERENITY AND COGNITION LAB, with a capital of 253 899 euros, registered at the Registre du Commerce et des Sociétés (Commercial and Business Registry) of LYON under the number 815 351 499, and whose headquarters are located at 6 rue Primat 69 100 Villeurbanne, France, is the creator and publisher of the website accessible at the following URL address: www.mymentalenergy.com (hereinafter referred to as the “Site”) and the mobile and tablet application named “My Mental Energy Pro+” (hereinafter referred to as the “Application”).
Email address: firstname.lastname@example.org.
Publication Director: Jean Christophe Beau
Intra-EU VAT number: FR 77 815 351 499
The Application and the Site are hosted by Zabé Informatique, whose headquarters are located at 733 route de Passeloup, 69400 Liergues, France, at the following telephone number: 33 (0)4 82 53 39 40.
The present General Use Conditions (hereinafter referred to as the “GUC”) are designed to define the access conditions for the Site and the Application and the use the services provided by the Site and the Application (hereinafter referred to as the “Services”). The GUC applies to all versions or extensions of the Site on existing or future social and/or community networks.
The present GUC are accessible in the Application or on the Site in the “GUC” section.
All subscriptions and/or use of the Application and/or the Site imply agreement, without reservations or restrictions, to the present GUC by the User.
The User promises to provide accurate information, regarding all personal data, as well as all other information necessary to gain access to the Services and to update said information.
If the User refuses to accept the GUC stipulated in the present contract, the User must relinquish access to the Services provided by the Site and/or the Application.
The Publisher reserves the right to unilaterally modify, at any moment, the content in the present GUC. The User is expressly informed that the version currently in effect is that which is online in the Application, at the date of his/her connection to any of the Services provided, which the User recognizes and accepts without restriction, promising to systematically refer to them upon each login.
ARTICLE 2: ACCESS TO THE APPLICATION
The Application and the Site allow the User access to the following services:
– The provision of mental ecology services to reconcile performance and peace of mind at work.
Part of the Services is provided free of charge and another part is accessible only through a paid monthly or annual subscription or through the purchase of lifetime access.
The price of the Services is indicated in the Application. Subscriptions and the purchase of lifetime access is done on the stores (AppStore and Google Play) Unless otherwise mentioned, all prices are expressed in euros, and all French taxes are included. Subscriptions are renewable by tacit agreement for an identical period of time unless terminated in accordance with the terms of the Terms and Conditions present on the Blinds (Apple Store and Google Play) and are payable by monthly recurring direct debit on the payment method chosen, under the terms of the Terms and Conditions present on the Blinds (App Store and Google Play). In the case of the purchase of a lifetime access, the User agrees to pay the full amount of the order.
The Publisher also offers the possibility to purchase subscriptions on its merchant site. The payment is made by credit card (via Pay Pal), after checking the order. An invoice is then sent upon receipt of payment.
It is reminded that in order to optimize the security of transactions, the Publisher has chosen the payment systems of PayPal, iTunes (Apple) and Play Store (Google).
Any User who is a regularly registered member may also request to unsubscribe to any paid subscription by going to the interface dedicated to this effect for Apple Store and Google Play users. The Publisher does not manage unsubscriptions made on the stores. For purchases made on the merchant site, the User may send an email to the following address: email@example.com. The request will be processed within a reasonable period of time.
No partial refund (corresponding to part of the period) will be allowed in case of unilateral termination without reason during the period.
The payment methods used to pay the price of the Services are described in the Application and on the Site. On the Site, the payment is made via PayPal®, and for the Application, the payment is made via the Google® Play and App Store® interfaces. Thus, the Publisher does not possess any bank account information.
The Site and/or the Application reserves the right, entirely at its own discretion and according to the terms and conditions of which they are the sole judges, to propose promotional offers or reduced prices, as well as to change the prices of its subscriptions.
Any User who does not accept the new prices must end his/her use of the Services, according to the terms and conditions outlined by the payment service provider. Failing that, he/she will be assumed to have accepted the new prices.
2.2 CREATION OF AN ACCOUNT, IDENTIFIERS AND PASSWORD
Access to the Application requires that the User subscribe in the Application, by filling in the form provided for that purpose. Subscription automatically leads to the opening of an account associated with the User’s email address, which gives him/her access to a user account. All charges paid by the User to access the Services (computerized devices, software, Internet connection fees, etc.) are at the User’s cost.
By agreeing to subscribe to restricted Services, the member User promises to provide sincere and accurate information in the form filled out, in particular as pertains to their email address.
In order to access the Services, the User must then log in, using his/her username and password.
Each User is wholly responsible for the use of his/her username and password, which he/she promises to keep secret and not reveal to other parties in any form. In cases of loss, theft or any other fraudulent use of his/her login information, the User must immediately inform the Publisher.
ARTICLE 3: RIGHT OF claim and WITHDRAWAL
3.1 Rignt of claim
All the claims can be sent to the email address : firstname.lastname@example.org
3.2 Right of withdrawal
In compliance with the provisions of article L221-18 of the French Consumer Protection Code, the User is given a period of 14 days from the date of subscription to withdraw his/her subscription by sending an email to email@example.com.
ARTICLE 4: USER LICENSE AND INTELLECTUAL PROPERTY
4.1 USER LICENSE
The Publisher authorizes the User to gain access to and use the Service, provided the following conditions are met:
L’Editeur autorise l’Utilisateur à accéder et utiliser le Service, sous réserve du respect des conditions suivantes :
– The User promises not to use the Service for commercial purposes. He/she promises to use the features of the Application for their intended and authorized use as outlined by the normal terms and conditions of the Application.
– The User will refrain from copying, reproducing or forwarding, distributing, displaying or selling, granting licenses or otherwise exploiting all content for any other use besides personal use.
4.2 Intellectuel property
The brands, logos, and symbols, as well as all of the Application content (texts, images, sounds…) are protected by the French Intellectual Property Code, and in particular by copyrights.
The My Mental Energy Pro+® brand has been registered as a trademark by the Publisher. Any representation and/or reproduction and/or use, either in part or whole, in any form, is strictly prohibited.
The User must ask for prior authorization from the Application for any reproduction, publication, or copying of various content. He/she promises to use the contents of the Application in a strictly private setting, all use for commercial or advertising purposes is strictly forbidden.
Any representation, either in part or whole, of this Application, by any means, without the express authorization of the Publisher would constitute counterfeiting, punishable by article L335-2 and subsequent parts of the French Intellectual Property Code.
The User is formally reminded that, in accordance with article L122-5 of the French Intellectual Property Code, any User who reproduces, copies or publishes protected content must cite the author and his/her source.
ARTICLE 5: SERVICE GUARANTE
The Publisher will do its best to make the Application available 24 hours a day, 7 days a week, independently of scheduled maintenance operations.
The Publisher will not be held responsible for any event caused by a force majeure, leading to the malfunction of the Application, and subject to any interruption or modification for maintenance. In such cases, the User agrees not to blame the Publisher for any interruption or suspension of Services, even without prior notice.
The User is informed and accepts that the implementation of the Services requires that he or she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he or she is solely responsible.
In particular, the User is informed that the quality of the operation of the application and in particular the response times are likely to vary according to the personal parameters of his connection station and his Internet access service. The Editor does not assume any responsibility in this respect.
The User must take the necessary measures to save by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided to him.
The User has the possibility of contacting the Publisher by electronic mail at firstname.lastname@example.org.
The Publisher reserves the right to modify all or part of the Services or to delete any part, at any moment, without prior notice and at its own discretion.
ARTICLE 6: USER LIABILITY
The information sources disseminated in the Application are considered reliable, but the Publisher does not guarantee that they are without flaws, errors or omissions.
Despite regular updates, the Publisher cannot be held responsible for the modification of administrative and legal measures that occur after publication. Likewise, the Publisher cannot be held responsible for the use and interpretation made of the information contained in the Application.
The User promises to keep his/her password secret. Any disclosure of the password, in any form, is prohibited. He/she accepts the risks associated with the use of his/her password. The Publisher declines all responsibility.
The Publisher cannot be held responsible for potential viruses that could infect the computer or any other digital material belonging to the User, following use, access, or downloads originating from this Application.
The Publisher cannot be held responsible in cases of force majeure or in the case of unforeseeable and unavoidable acts of a third party.
The content available in the Application can, under no circumstances, be considered to contain medical and/or health advice, or information distributed and/or dispensed by health professionals within the bounds of the French Public Health Code.
ARTICLE 7: HYPERTEXT LINKS
Hypertext links may be present in the Application. The User is informed that, by clicking on these links, he/she will leave the Application. The Application have no control over the web pages these links may lead to, and can, under no circumstances, be held responsible for their content.
The Publisher may, under no circumstances, be held responsible for the technical availability of Internet sites or mobile applications operated by third parties (including its potential partners), which the User may access via the Site.
In addition, My Mental Energy Pro® cannot be held responsible for transactions that take place between the User and any advertiser, business or retailer (including its potential partners) towards which the User may be sent via the Application, and cannot be included in any potential suits with these third parties, in particular, as pertains to the delivery of products and/or Services, guarantees, statements and other obligations of any kind to which these third parties are bound.
ARTICLE 8: COOKIES
The User is informed that, during his/her visits the Application, a cookie may automatically be installed on his/her browser software.
Cookies are small files that are temporarily stored on the User’s mobile device by its browser and which are necessary to the use of the Application and the Site. These cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, which is randomly generated, and thus anonymous. Certain cookies expire at the end of the User’s visit, while others remain.
The information contained in the Cookies is used to improve the Site and the Application.
When you use our Website/Mobile Application, we collect and store the following information:
– The way you used the relevant service.
– Your IP address.
– Event data related to the device you are using.
ARTICLE 9: NEWSLETTERS
The Publisher offers the User the possibility of subscribing to monthly Newsletters that will allow him/her to receive the latest news published by the Publisher.
At any moment, the User may unsubscribe by clicking on the unsubscribe link that can be found at the bottom of each Newsletter.
ARTICLE 10: DATA COLLECTION
When signing-up to our program and app, only the email of the user is collected.
Other datas are also collected during the use of the service and / or in order to get in touch with the user at his request following the report of a malfunction in the use of the application and / or at the request of the Publisher in the form of a survey (this list is not exhaustive):
- IP Adress
- Localization of the device used
- Type of device
- Browser used
- Default langage of the device
- Phone number
- Sessions played in the app.
ARTICLE 11: Use of the collected datas
Collected datas are used for :
- To allow access to the service
- To manage and optimize the service
- To adapt the service according the use and preferences of the user
- To prevent fraudes and malwares and handle safety issues
- to handle any potential User claims or disputes.
- To provide statistics of users of a same company, as long as 10 users of a same company have created an account. These statistics are handled on a global and anonymous way. In no case, user datas will be used for any use apart from aggregated statistics. Under no circumstances will there be any transmission or use of the collected data outside these aggregated usage statistics.
If the use of the application is made with a code transmitted by a company or any other organization for employees or third parties to register for our services, the Publisher may indicate to the referring contacts of the company the emails registered with this company code. No other use of the collected user data will be made by the Publisher.
- To subscribe to our newsletter and marketing e-mails, the opening and clicks on the links of these newsletters are collected only in an aggregated and anonymous way, they are not linked to any email.
ARTICLE 12: share of the collected datas
The User’s email address may be shared with third parties in the following situations:
– In response to lawful requests by public authorities or law enforcement requirements to follow up on claims or dispute resolution procedures between the User and the Publisher.
– If the application is partially or fully acquired by a third party through a merger and acquisition process, transfer of assets or administration process, the held personal information may be transferred in this process. Should this occur, the User will be informed before the data is transferred.
ARTICLE 13: User rights and their applications
In compliance with the French Data Protection Act of January 6th, 1978 (Loi Informatique et Libertés), and the GDPR, every User has the right to:
– update or remove his/her personal data by connecting to the account and configuring the settings;
– access and view his/her personal data or request the removal of the account by writing to SERENITY AND COGNITION LAB, 6 rue Primat 69 100 Villeurbanne, France or by e-mail to email@example.com. To exercise this right the User must be able to prove his/her identity to the Publisher;
– request that the data held by the Publisher be rectified should it prove to be inaccurate or incomplete by writing to SERENITY AND COGNITION LAB, 6 rue Primat 69 100 Villeurbanne, France or by e-mail to firstname.lastname@example.org;
– request the removal his/her personal data in compliance with the French Data Protection laws and the European Union General Data Protection Regulation by writing to SERENITY AND COGNITION LAB, 6 rue Primat 69 100 Villeurbanne, France or by e-mail to email@example.com.
– The User can unsubscribe to the newsletters by clicking on the unsubscribe link provided for this purpose.
ARTICLE 14: security and confidentiality
The Publisher commits to making every effort, technical and organizational to ensure that the stored data is secured and protected against any risks of modification, loss or unauthorized access. However, internet is not a fully safe environment and the Publisher does not guarantee the safety of the data when transferred or stored online.
All datas are stored on a server located in France.
ARTICLE 15: changes to this article
The Publisher reserves the right to modify its data collection and protection policy at any time. Should any changes be made to this Article related to data collection and protection, the Publisher commits to publishing the updated version on its website. The Publisher will also inform the User of the changes by e-mail, at least 15 days prior the changes. Should the User disagree with the new terms he/she has the right to delete his/her account.
ARTICLE 16: MODIFICATION OF THE GUC
The Publisher reserves the right to freely modify the GUC without prior notice, in order to comply with legislative and reglementary changes, or to modify the features offered within the bounds of the Service.
As a result, the User must regularly read these Conditions to be informed of the modifications that have been made. If the User does not agree to these modified Conditions, he/she must cease using the Site and the Application.
Continuing to use the Application and/or the Site past the date of publication of the modified Conditions is interpreted as an agreement to these modified Conditions.
ARTICLE 17: EVIDENCE AGREEMENT
The Publisher and the User agree to communicate mainly via electronic means. This electronic communication serves as evidence between the Publisher and the User and constitutes admissible, valid, enforceable evidence. Moreover, the Publisher and the User assign the same conclusive value as a handwritten signature to the act of clicking on “I accept the General Use Conditions,” as foreseen by the Service subscription form.
ARTICLE 18: APPLICABLE LAW AND COMPETENT JURISDICTION
French legislation applies to the present contract. In case of the translation of the present general conditions into one or several languages, the language of interpretation will be the French language, in the case of any contradiction or disagreement about the meaning of a term or provision.
In the absence of an amicable resolution of a dispute between the parties, the French courts will have exclusive jurisdiction.
For all questions pertaining to the application of the present GUC, the User may contact the Publisher by sending an electronic message to firstname.lastname@example.org.