Serenity and Cognition Lab – My Mental Energy Pro – TOS as of 10/22/2020
ARTICLE 1: LEGAL NOTICES
SAS SERENITY AND COGNITION LAB with a capital of 253,889.64 euros, registered at the RCS of LYON under the number 815 351 499, whose head office is located at 6 rue Primat, 69100 Villeurbanne is the designer and publisher of the Application named ” My Mental Energy Pro+ ” (hereafter the ” Application “).
E-mail address: email@example.com.
Publication Director: Jean Christophe Beau
Intra-EU VAT number: FR 77 815 351 499
The Application is hosted by Zabé Informatique, whose head office is located at 733 route de Passeloup, 69400 Liergues, with the telephone number: 04 82 53 39 40.
The purpose of these general terms and conditions of use (hereinafter referred to as “GCU”) is to provide a legal framework for the provision of the Application and services and to define the conditions of access to and use of the services by the “User”.
Any registration and/or use of the Application implies acceptance without reservation or restriction of these T&Cs by the User. These TOS shall prevail over any TOS available on the Application.
The User agrees to provide accurate personal contact information and any other information necessary to access the Application and to keep this information up to date.
In case of non-acceptance of the GCU stipulated in this contract, the User must renounce access to the services offered by the Site.
The User is expressly informed that the present GTU are those in force at the date of first connection, which the User acknowledges and accepts without restriction, undertaking to refer to them systematically at each connection.
ARTICLE 2: ACCESS TO THE APPLICATION
The Application allows the User access to the following services: Provision of mental ecology services to reconcile performance and serenity at work.
Some of the Services are provided free of charge and some are available only by paying a monthly or annual subscription fee or by purchasing lifetime access. The price of the Services is indicated in the My Mental Energy Pro 2021 User Agreement signed between Serenity And Cognition Lab and French Manufacture of Michelin Tires.
Any regularly registered User Member may also request to unsubscribe from any paid subscription by visiting the dedicated interphase for Apple Store and Google Play users. The Editor does not manage the unsubscriptions made on the blinds. For purchases made on the merchant site, the User can send an email to the address: firstname.lastname@example.org. The processing of the request will be effective within a reasonable time.
2.2 Creating an account, login and password
Access to the My Mental Energy Pro Application requires the User to register on the application, by filling in the form provided for this purpose. Registration automatically leads to the opening of an account to the user’s email, giving him/her access to a personal space. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User’s expense.
By agreeing to register for the reserved services, the User member undertakes to provide sincere and accurate information in the completed form, in particular their email address.
To access the services, the User must then identify himself using his login and password.
Each User is entirely responsible for the use of his Identifiers, which he undertakes to keep secret and not to disclose in any form whatsoever to third parties, unless he bears full responsibility. In case of loss, theft or any fraudulent use of his Identifiers, the User must immediately inform the Publisher.
ARTICLE 3: RIGHT OF COMPLAINT AND WITHDRAWAL
3.1 Right of complaint
You can send your complaints by email to: email@example.com
3.2 Right of withdrawal
In accordance with the provisions of Article L221-18 of the Consumer Code, the User has a period of 14 days to withdraw from the subscription by sending an email to firstname.lastname@example.org.
ARTICLE 4: SERVICE GUARANTEE
The Editor makes its best efforts to make its Application available 24 hours a day, 7 days a week, regardless of scheduled maintenance operations.
Any event due to a case of force majeure resulting in a malfunction of the Application or the server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Editor. In such cases, the User agrees not to hold the Publisher responsible for any interruption or suspension of service, even without notice.
The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
In particular, the user is informed that the quality of the functioning 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 Publisher assumes no responsibility in this regard.
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.
The User may contact the Editor by e-mail at email@example.com.
The Publisher reserves the right to modify all or part of the Service or to discontinue any part of it, at any time, without notice and at its sole discretion.
ARTICLE 5: DATA COLLECTION
The Publisher undertakes to process Users’ personal data in accordance with the General Data Protection Regulation EU 2016/679. When registering, only the User’s email address is used on the contact form.
Other data are collected during the use of the application and / or in order to enter into a relationship with the user at his request following the reporting 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):
5.1 USE OF COLLECTED DATA
The data collected is used :
If the use of the application is made within the framework of 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 company’s contact persons the emails registered within the framework of this company code. No other use of the collected user data will be made by the Publisher.
To subscribe to our newsletter and marketing emails. The opening and clicks on the links of these newsletters are only collected in an aggregated and anonymous way, they are not linked to any email.
The User is informed that during his visits on the Application, a cookie may be automatically installed on his browser.
Cookies are small files temporarily stored on the User’s cell phone by the User’s browser and which are necessary for the use of the Application. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain.
The information contained in the cookies is used to improve the Application.
When you use our Website/Mobile App, we collect and store the following information:
By browsing the Application, the User accepts them. The User may deactivate these cookies through the settings in his or her browser software.
5.3 SHARING OF COLLECTED DATA
Data collected from the User may be shared in the following cases:
5.4 IMPLEMENTATION OF USER RIGHTS
In accordance with the regulations applicable to personal data, the User has the following rights:
5.5 SECURITY AND CONFIDENTIALITY
The Application implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access.
All information provided is stored on secure servers located in France.
However, it should be noted that the Internet is not a completely secure environment and the Application cannot guarantee the security of the transmission of information over the Internet.
5.6 EVOLUTION OF THIS CLAUSE
ARTICLE 6: LICENSE OF USE AND INTELLECTUAL PROPERTY
6.1 6.1 License to use
The Publisher authorizes the User to access and use the Service, subject to the following conditions:
– The User agrees not to use the Service for commercial purposes. He agrees to use the functionality of the Application for the purpose intended and permitted by the normal functionality of the Application.
– User may not copy, reproduce or transmit, disseminate, display or sell, license or otherwise exploit any content for any purpose other than personal use.
6.2 Intellectual Property
The trademarks, logos, signs and all content of the Application (text, images, sound …) are protected by the Code of Intellectual Property and more particularly by copyright.
The brand My Mental Energy Pro® is a registered trademark of the Publisher. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.
The User must request prior authorization from the Application for any reproduction, publication or copy of the various contents. He agrees to use the contents of the Application in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this Application by any process whatsoever, without the express permission of the Editor would constitute an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property.
It is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User who reproduces, copies or publishes the protected content must cite the author and its source.
ARTICLE 7: LIABILITY
The sources of the information disseminated on the Application are deemed reliable but the Publisher does not guarantee that it is free of defects, errors or omissions.
Despite regular updates, the Editor cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the Editor cannot be held responsible for the use and interpretation of the information contained in the Application.
The User is responsible for keeping his password secret. Any disclosure of the password in any form is prohibited. He assumes all risks related to the use of his login and password. The Publisher declines all responsibility.
The Editor cannot be held responsible for possible viruses that could infect the computer or any computer equipment of the User, following use, access or downloading from this Application.
The responsibility of the Editor cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third party. A “Force Majeure” event is considered to be any unforeseeable, irresistible event outside the control of the Parties, which prevents the fulfillment, in whole or in part, of the Publisher’s contractual obligations.
The content available on the Application shall in no way be considered as containing medical advice and/or health advice, nor as information issued and/or provided by health professionals within the meaning of the Public Health Code.
ARTICLE 8: HYPERTEXT LINKS
Hypertext links may be present on the Application. The User is informed that by clicking on these links, he will exit the Application. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content. My Mental Energy Pro shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any of its partners, excluding its subcontractors) that the User may access through the Application. My Mental Energy Pro is not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners but excluding its subcontractors) to whom the User is directed through the Application, and shall in no event be a party to any dispute with such third parties, including, without limitation, the delivery of products and/or services, warranties, representations and other obligations of such third parties. Translated with www.DeepL.com/Translator (free version)
ARTICLE 9: NEWSLETTERS
The Editor offers the User the possibility to subscribe to monthly Newsletters that allow him to receive the latest news published by the Editor.
The User can unsubscribe at any time by clicking on the unsubscribe link found at the bottom of each newsletter.
ARTICLE 10: MODIFICATION OF THE GGU
The Editor reserves the right to freely modify the TOS without prior notice, to adapt them to legislative and regulatory changes,
or to modify the functionalities offered within the framework of the Service.
Therefore, the Editor will inform the User of a possible modification of the TOS when he will visit the Application. If the User does not agree to the modified Terms, the User must stop using the Application.
Continued use of the Application beyond the date of posting of the amended Terms shall constitute acceptance of such amended Terms.
ARTICLE 11: AGREEMENT ON EVIDENCE
The Publisher and the User agree to communicate primarily by electronic means. These electronic communications are authentic between the Editor and the User and constitute admissible, valid and opposable proof. Moreover, the Editor and the User attribute the same probative value to the fact of checking the mention “I accept the Terms and Conditions of Use” as provided for in the Service registration form, as to a handwritten signature.
ARTICLE 12: APPLICABLE LAW AND JURISDICTION
French law applies to this contract. In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction.
For any question relating to the application of the present TOS, the User can contact the Editor by sending an email to firstname.lastname@example.org.