Legal Notice
Privacy Policy
The company iCare Sciences, SAS with a capital of €1,000, registered with the Trade and Companies Register of Marseille under number 835 305 236 having its registered office at 6, rue Ponteves 13003 Marseille, represented by Mr. Chris HAYOT, in his capacity of President (hereinafter "iCare Sciences" or "we"), is committed to protecting and respecting your privacy in the context of your use of its mobile applications ("Applications" or "the App") and its website (“Site”) https://neuralup-solutions.com (collectively the “Platform”).
We have drawn up this privacy policy (hereinafter the "Policy") to inform you transparently of the way in which the data allowing you to be directly or indirectly identified (the "Personal Data") are processed by iCare Sciences as of Data Controller.
1. Processing of your Personal Data:
We collect three categories of information:
has. The information you provide directly;
b. Information we collect when you use the Platform;
vs. Information collected via cookies.
has. The information you provide directly:
By using our Platform, you may be required to provide information and therefore provide us with information considered as Personal Data.
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When creating your account with an email address, you provide us with your email address and a password so that we can authenticate you and secure your data. We also record your surname and first name, as well as your postal code and your city of residence when you wish to communicate them to us. You have the possibility to modify this information at any time in the settings of the application, we then save your choice.
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When you use our Applications, we save each diagnosis of the emotional state chosen, each mood defined, each emotional state noted and each emotional score obtained (global or specific) with for each the date on which the test was carried out. We also record a history of your sessions: relaxation, concentration or sleep.
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By corresponding with us, the data entered will be transmitted to us, such as the email address used, the content of the message, the technical identifier of your account or any other data that you may send us.
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By using the contact form " Entreprise " on our Site, you provide us with a contact name, email and/or telephone number for you contact, the company you represent and the number of people employed by it, followed by a comment if you wish to send us a message.
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We offer subscriptions on our Platform. When you make a payment on the Platform, we manage your payment through third-party payment services such as app stores available on mobile platforms. The service used may collect certain financial information required for payment on behalf of iCare Sciences, such as your name, email address, mailing address and other billing information.
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When you leave your opinion on Neural Up via the application stores or directly via the Platform, we reserve the right to highlight it by displaying your pseudonym, the opinion as well as the rating given. In addition, a big thank you for your feedback which helps us to improve our services.
b. The information we collect when you use the Platform:
When you use our Platform, we collect information about how you use it in order to allow the platform to function and to constantly improve your experience.
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When creating your account via Facebook, we collect the bare minimum necessary for your authentication, namely an email address if it is entered on the social network.
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When you register via our Applications, we record technical data on the device used (the model, the version of the operating system and the preferred language set). We also store the version of the application installed as well as the date of creation of the account. This in order to be able to develop technical statistics on the use of the Platform, to know in which language to correspond with you and to help us to help you out if necessary. The account then created is associated with a unique technical identifier. The authentication mode (via email or via Facebook) is preserved for possible troubleshooting of the user. Another unique technical identifier, this time associated with the device used, is also stored to save the theme chosen by the user on this same device or to define your preference for push notifications for this device.
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In the event of an App crash, a report is automatically sent to inform us of the bug that has just occurred. This report tells us your unique technical identifier, the technical information of the device and the version of the software used. This data helps us to reproduce and correct any errors in the Platform software.
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At each connection to the Platform, we update the technical data of the software used as well as those of the device used. This in order to be able to develop technical statistics on the use of the Platform, to know in which language to correspond with you and to help us to help you out if necessary. Each new session is recorded in a history specific to each user.
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When you decide to restart your Neural Up experience, we save the history of the data you have entered (old emotional data, old stop date, history of sessions performed, technical information of the software and the device used). We do this in order to be able to restore this data in the event of a handling error on the one hand, and with a view to future functionalities to better assess the progress of the user in his Neural Up experience. If your account is deleted, this data will of course be deleted.
vs. Information collected via cookies:
During each use of the Platform, we may collect, in accordance with applicable legislation, information relating to the devices on which you use our Platform or the networks from which you access it. For example your IP addresses, connection data, types and versions of internet browsers used, operating systems, data concerning your navigation path on the Site and our Applications, the content you access or consult, or the advertising identifier from your device to help us measure the effectiveness of our advertising campaigns. To do this, we use cookies in particular.
A cookie is a small text file recorded and/or read by your browser or application, stored in the cookies directory on the hard drive of your device (PC, laptop or smartphone), and deposited by the websites you visit. It contains a unique and anonymous identifier.
The cookies we use are:
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Authentication cookies that allow you to access your personalized content and exempt you from having to provide your username and password each time you connect to our Platform
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Security cookies that will manage the payment process on our Site.
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Analytics and performance cookies that allow us to recognize and count the number of visitors to our Site and our Apps and to collect information on how these are used. This allows us to improve the way our Site and our Apps work and more generally the content of our Services. These cookies also allow us to measure the effectiveness of our marketing efforts.
These cookies come from third-party services that we do not control. The Site uses Google Analytics in particular to measure its audience. You can get more information about this by following this link: www.google.com/analytics. The use of Google Analytics cookies is subject to your consent and can be deactivated at any time on the Site itself as well as in your browser settings.
We also use third parties in our Applications such as Firebase Authentication to allow you to stay logged in without having to enter your usernames and passwords each session. Firebase Analytics and Facebook Analytics are used to measure App usage and the effectiveness of our marketing efforts.
2. Purposes of processing your Personal Data
Several purposes justify the processing of your Personal Data and are based on the following legal bases:
has. The contract
b. The legitimate interest
vs. The consent
d. The legal obligation
has. The contract
The main reason for which we may use your Personal Data is that otherwise we could not provide our services, as described in our Terms of Use and in particular allow you to self-monitor your Neural Up experience and evaluations the evolution of your emotional state and manage, if necessary, the operations relating to the management of payments.
b. The legitimate interest
Another important reason why we need to process some of your information is that we seek to provide you with our services as well as possible, to continually improve them, to protect your Personal Data, to solve technical problems, to establish statistics or even to respond to your support requests.
vs. The consent
In some cases, we ask for your consent before processing certain data.
Thus, the processing of personal data that is carried out only after obtaining your consent (which can be withdrawn at any time) are the following:
On our Site, you choose whether or not to authorize the use of analysis and performance cookies. You can change this choice in your browser and on the Site.
In our Applications, we ask you if we can send you push notifications to keep you informed of your progress, or new features.
On the platform in general, we ask you if we can use your email address to send you personalized offers as well as the Neural Up newsletter.
Each choice can be viewed and modified (respecting your right of opposition) in the settings of the application, the mobile device, the browser, the Site or via a link present in the emails sent.
d. The legal obligation
Finally, we may need to use your information to comply with the law, such as during a valid judicial request, or when we need to take measures to protect our users, or simply to following your request for the right of access, rectification and opposition or relating to your other rights with regard to your Personal Data.
3. Storage, protection, sharing, possible transfers of your Personal Data and retention period
has. Storage and protection
b. Share
vs. Possible transfers of your data outside the European Union
d. Duration of retention of your data
has. Storage and Protection
The protection of your information being essential for us, we require an adequate and sufficient level of security according to the criteria of the GDPR for the storage of your data.
b. Share
Regarding the sharing of your data, it's very simple: we do not share any of your Personal Data with anyone! Only authorized iCare Sciences staff will have access to your information and only for support purposes or to improve the services offered by our Platform.
In the event that you use Neural Up as part of a scientific study, only the person in charge of this study will know your identity to preserve your anonymity. You will use to create your account an email address provided by the person in charge of the study and we will not be able to identify you in any way. In this specific case, we may be required to share this anonymous data with the person in charge of the study so that the latter can take place as agreed, according to the conditions that you have accepted with this person in charge.
vs. Possible transfers of your data outside the European Union
Your data is not transferred outside the European Union, with the exception of those transferred and stored on Firebase servers, a platform held by Google which is located in the United States of America and respects Privacy. Shield, which meets our criteria.
d. Duration of retention of your data
We keep your data only during the various applicable limitation periods.
Thus, we preserve your data for as long as you use our Platform. If you no longer use it for a period of 12 months, we delete any information concerning you in our possession after this period, except the data strictly necessary for the defense of our rights during the limitation period of any action against of iCare Sciences.
At the same time, any information that we have been able to anonymize can be preserved indefinitely.
Finally, the cookies on your terminals are kept for a maximum of 13 months.
We remind you that you have the right to request the modification and/or deletion, for legitimate reasons, of your information at any time. For more details on this subject, please refer to section 4. Your rights.
4. Your rights
It is a priority for us that you keep control over your Personal Data. We would like to remind you that you have a right of access, rectification, opposition, the right to define directives relating to the fate of your personal data after your death and to erase your data as well as a right to limit their processing and data portability.
To do this, a dedicated section in our Applications and on our Site allows you to modify your choices regarding the processing subject to your consent. A link is present in each email that we send you to allow you to unsubscribe from our newsletter. Finally, we respond to all requests concerning your Personal Data when you contact us by email at contact@neuralup-solutions.com or by paper mail at the address: 6, rue Pontevès 13003 Marseille, in France, addressed to Mr. Chris HAYOT.
Finally, we remind you that, if you believe, after contacting us, that your rights to your data are not respected, you have the possibility of filing a complaint, in the event of a breach of the applicable rules in terms of data protection. Personal Data, before a supervisory authority such as the CNIL in France.
5. Children's privacy
Our services are designed for people aged 4 and over. Children under the age of numerical majority in their country of residence must at least remain under the supervision and consent of their legal representatives. Otherwise, please do not attempt to use our Platform or our services.
If you believe that we may have processed information from minors, please let us know at contact@neuralup-solutions.com so that we can delete it.
6. Modification of the Privacy Policy
We may modify this Privacy Policy at any time. When we do, we notify you by email or directly via our Applications. Any changes will be effective immediately upon posting. The publication date will therefore be updated at the beginning of this Policy.
7. Questions?
If you have any questions about this Policy, we will be happy to answer any inquiries at contact@neuralup-solutions.com.
Terms of Use
Publisher:
The website and the application allowing the use of the services offered by Neural Up are published by iCare Sciences, SAS with a capital of €1,000, registered with the Trade and Companies Register of Marseille under number 835 305 236 having its registered office company located at 6, rue Pontévès 13003 Marseille, represented by Mr. Chris HAYOT, in his capacity as Chairman.
Host :
The website is hosted by OVH (2 rue Kellermann — 59100 Roubaix — France).
Director of publication: Mr. Chris HAYOT
Preamble :
NEURAL UP IS AN ONLINE SERVICE PUBLISHED BY ICARE SCIENCES SAS, WHICH PROVIDES RELAXATION, CONCENTRATION AND SLEEP CONTENT. THE USE OF NEURAL UP IMPLIES FULL ACCEPTANCE OF THESE GENERAL CONDITIONS: THE USER DECLARES TO HAVE READ AND HAVE EXPRESSLY AND UNCONDITIONALLY ACCEPTED THESE GENERAL CONDITIONS IN FORCE ON THE DAY OF HIS REGISTRATION WITH NEURAL UP.
ARTICLE 1 - Definitions
Each of the expressions below will have the following meaning in these general conditions:
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"solution(s)" means the infrastructures developed comprising data of various kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted and accessible on the website, mobile applications and tablet applications called NEURAL UP;
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“iCare Sciences” refers to the company iCare Sciences SAS, publisher of the solutions;
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"content(s)" means the writings, images or messages of any kind exchanged on the solutions;
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"server" all the equipment intended for the implementation of the functions necessary for the publication, maintenance and putting the solutions online;
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"user(s)" and/or "you" means the person who accesses and/or is registered with the solution;
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"Package" means paid subscription to advanced features for a fixed period;
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“personal data” and/or “personal data”, “processing” have the same meaning as in the French law known as “Informatique et Libertés” n°78-17 of January 6, 1978 as amended.
ARTICLE 2 - Object
The purpose of these general conditions is to define the conditions under which the user can access and use the solutions. No derogation from these General Conditions may be accepted without the express and prior agreement of iCare Sciences. The general conditions constitute all of the existing commitments between iCare Sciences and the user and cancel any prior oral or written commitment relating to the subject matter hereof.
ARTICLE 3 - Conditions of registration
When registering, the user agrees to read these general conditions. It also undertakes to provide accurate information consistent with reality for the purposes of implementing the features offered. The user undertakes in particular not to create a false identity likely to mislead, as well as third parties, and not to usurp the identity of another natural person.
In the event of the provision of inaccurate or misleading information, and the usurpation of a user's identity, iCare Sciences may immediately and without notice or compensation, suspend or terminate the user's member account. and deny him access, temporarily or permanently, to all or part of the functionalities. iCare Sciences cannot be held responsible for the accuracy or inaccuracy of the information provided by the user. In case of modification, the user agrees to immediately update the data he provided when registering online.
Not having the technical means to ensure the identity of the people who register as a member, iCare Sciences is not responsible in the event of usurpation of the identity of a user. If the user believes that a person is trying to usurp his identity or his account, he must immediately inform iCare Sciences at the following email address contact@neuralup-solutions.com. If it turns out that a user disseminates or uses his identifiers or avatars in a way contrary to their intended purpose, iCare Sciences reserves the right to terminate the user's account without notice.
Minors are allowed to register on the solutions, on the express condition that they have previously obtained permission to do so from their parents or, where applicable, from the person holding parental authority. iCare Sciences reserves the right to request written justification at any time, and to carry out any checks, as well as to delete any member account, in the event that said justification is not given to it within the time limit. iCare Sciences will immediately delete any member account upon receipt of a parental request to close said account and related content.
ARTICLE 4 - Connection identifiers
When registering, the user must fill in his email and choose a password. The user is responsible for the correct entry of his login information, if the latter provides incorrect information, iCare Sciences cannot be held responsible.
These identifiers are intended to reserve access to the solutions for the user, to protect the integrity and confidentiality of the data exchanged, they are personal and confidential. The user is fully responsible for maintaining the confidentiality of his member account, he undertakes to do everything possible not to disclose his connection identifiers, in any form whatsoever, in particular not to register them on any medium. , paper or electronic, which could be easily consulted by a third party. He alone will bear the consequences that could result from their use by third parties who would have had knowledge of them. Reference is made here to the "advice of the CNIL for a good password" as well as to the recommendations of the ANSSI.
The user must immediately notify iCare Sciences in the event of usurpation or unauthorized use of his account at the following email address contact@neuralup-solutions.com.
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ARTICLE 5 - Use of solutions
The user is prohibited:
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to use the solutions under conditions likely to damage, overload or alter them;
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to extract or collect information relating to other users;
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to usurp identities;
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encourage the practice of illegal, threatening or obscene activities;
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upload viruses or other malicious code to the solutions;
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intimidate and harass other users in any way;
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to offer or recommend training content to the community other than that offered on the solutions.
IF NOT, ICARE SCIENCES RESERVES THE RIGHT TO TAKE ANY APPROPRIATE ACTION, INCLUDING LEGAL, AND IN PARTICULAR TO SUSPEND OR REFUSE ACCESS TO THE PLATFORMS OR TO DELETE THE USER'S ACCOUNT.
ARTICLE 6 - Advanced features and services
THE USER MUST HAVE A SUBSCRIPTION TO ACCESS THE FEATURES OF NEURAL UP.
(a) Advanced Features Content:
The solutions offer advanced functionalities which are accessible via the paid subscription of a subscription entitled “Neural Up”. These features are:
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Access to all relaxation, concentration and sleep sessions;
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Access to all the music offered for each session: classical, electronic, jazz, acoustic, ambient, RnB, pop, folk, etc...;
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The possibility of carrying out an emotional diagnosis (simple or complete) before and after each session. Cela allows the user to track their emotional state on a daily basis;
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Access to popular scientific articles to learn how to better manage stress;
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Access to new musical playlists added to each relaxation, concentration and sleep session (>=1 playlist/session/week);
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Access to new scientific articles dealing with stress, its manifestations and management mechanisms (>=1 article/week).
The Neural Up subscription has a price and a duration, they are presented in the application.
(b) Technical Support:
iCare Sciences provides the user with technical assistance, any request for assistance will be made directly to iCare Sciences, at the following address contact@neuralup-solutions.com, or directly via the contact form located within the solutions.
(c) Accommodation:
Solutions are hosted by Google Cloud Platform, acting on behalf of iCare Sciences.
ARTICLE 7 - Privacy
iCare Sciences is committed to protecting the privacy of its users in compliance with the regulations in force, in accordance with its Personal Data Protection Policy. The user acknowledges having expressed his express agreement for the collection and processing of his personal data through the creation of an account. The processing carried out has been declared to the CNIL under number 2115201.
Users are required to comply with the provisions of the Data Protection Act mentioned above, the violation of which is liable to criminal penalties. In particular, they must refrain, with regard to the personal data to which they may have access, from any collection, from any misuse and, in general, from any act likely to infringe the privacy or the reputation of people.
The user has the right to oppose, access and rectify data concerning him. He may thus demand that information concerning him that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. To exercise these rights, the user can send his request directly to iCare Sciences at the following email address contact@neuralup-solutions.com. iCare Sciences reminds users that they can also object, for legitimate reasons, to the processing of this data.
The user is solely responsible for the quality, legality and relevance of the personal data communicated to iCare Sciences. He guarantees to have carried out all the obligations incumbent on him, and to have informed the natural persons concerned of the use made of said data.
As such, it guarantees iCare Sciences against:
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any appeal, complaint or claim from a natural person whose personal data would be processed;
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at first request against any prejudice resulting from its being called into question by a third party for a breach of this guarantee.
ARTICLE 8 - Intellectual property
All elements of the solutions, brands, logos, designs, graphics, graphic charters, icons, texts, training and nutrition content, applications, scripts, functionalities, as well as their selection or combination appearing on the solutions, are the exclusive property of iCare Sciences, and are protected by applicable intellectual and industrial property rights.
iCare Sciences grants the user only a strictly personal, non-exclusive, non-assignable and non-transferable right of use relating to all the elements of the solutions which does not entail any transfer of the rights referred to above. As such, the user is prohibited from any use contrary to their intended purpose, namely the normal use of the solutions, in particular to copy, reproduce, modify, distribute, display or sell, by any process or form whatsoever, in all or part of any element of the solutions or relating to them, by any means whatsoever, and for any other purpose, including for commercial purposes, without the prior written authorization of iCare Sciences. In the absence of authorization, iCare Sciences may immediately terminate and delete the user's account without justification, and without reimbursement, with or without reason, without notice, and initiate any appropriate action, in particular legal action.
All elements of the solutions, including their documentation, therefore remain the full property of iCare Sciences. It is expressly forbidden for the user to use the elements of the solutions in a way that does not comply with these conditions, in particular to:
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any reproduction of the solutions, in any form and on any type of medium whatsoever, in particular by modification, merger or inclusion in another software and/or modification of the documentation which accompanies it;
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any translation, adaptation or arrangement of the Solutions;
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any provision of solutions, in whole or in part and by any means;
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any modification of the solutions or intervention on them, whatever their nature, including for the purpose of correcting errors likely to affect the operation of the solutions, insofar as the right to correct said errors is reserved solely for iCare Sciences ;
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any disclosure, marketing or use of the solutions for the benefit of third parties as well as any training of third parties in the use of all or part of the solutions.
IN THE EVENT OF INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS, ICARE SCIENCES HAS THE ACTION FOR INFRINGEMENT THAT IT CAN BRING EITHER BEFORE CIVIL OR ADMINISTRATIVE COURTS TO OBTAIN COMPENSATION, OR BEFORE REPRESSIVE COURTS TO OBTAIN CRIMINAL SANCTIONS. THE VIOLATION OF COPYRIGHTS IS CONSTITUTION OF THE OFFENSE OF COUNTERFEITING PUNISHED BY A FINE OF 300,000 EUROS AND 3 YEARS OF IMPRISONMENT. ADDITIONAL PENALTIES, SUCH AS CLOSURE OF ESTABLISHMENT, CONFISCATION, PUBLICATION OF THE JUDICIAL DECISION BY WAY OF POSTING, MAY ALSO BE IMPOSED.
ARTICLE 9 - Liability
The user guarantees iCare Sciences against any action that may be taken against it or any complaint that may be filed against it as a result of the use of the solutions under conditions that do not comply with these General Conditions. In addition, the user will be solely responsible for the use of his identification elements (e-mail and password) by third parties, actions or declarations made through his member account and guarantees iCare Sciences against any such request. This guarantee covers any amount that iCare Sciences would be required to pay for any reason whatsoever, including lawyer's fees and legal costs recognized or pronounced.
iCare Sciences will endeavor, as far as possible, to maintain its solutions permanently accessible but cannot be held responsible for non-functioning or impossibility of access to the solutions due to external circumstances, in particular the network or network connection mode. iCare Sciences may decide to interrupt access to its solutions for maintenance or updating reasons. iCare Sciences will take all appropriate measures so that the user can be informed as well as possible of the interruption. It cannot be held responsible for the consequences of these interruptions for the user or any third party.
ARTICLE 10 - Non-compliance with these general conditions of use
In the event of non-compliance by the user with any of the provisions of these general conditions of use or provision of inaccurate or misleading information, and/or identity theft of a user, ICARE SCIENCES reserves the right to immediately suspend or terminate the user's member account without compensation and to refuse him access, temporarily or permanently, to all or part of the functionalities.
ARTICLE 11 - General Provisions
(a) Intuitu personae:
The present cannot be the subject of any modification, assignment, contribution or transfer, in any form whatsoever.
(b) Independence of clauses:
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for herein, regardless of the frequency and duration, cannot constitute modification of the present, nor be likely to create any right. In the event that a clause hereof is cancelled, its nullity cannot affect the other stipulations, nor affect the validity of the present as a whole. The Parties will then endeavor to modify the clause affected by nullity so that it responds to the rule while respecting the balance and the objectives of the present.
(c) Force Majeure:
The obligations stipulated in these general conditions will be suspended in the event of an event of force majeure. iCare Sciences cannot be held responsible for any delay or non-performance of the services. If the force majeure event lasts longer than forty days, either party may terminate the current package with immediate effect, without compensation.
(d) Amendments hereof:
iCare Sciences reserves the right to modify these General Conditions. In this case, the user will be informed of these modifications at the same time as the posting of the new General Conditions.
iCare Sciences invites the user to refer to the General Conditions at each visit in order to read the latest available version of these General Conditions, permanently available online.
The user may, subject to prior notification to ICARE SCIENCES, freely terminate the Services if he does not wish the contractual relations to be governed by the new General Conditions.
ARTICLE 12 - Applicable law and settlement of disputes
These General Conditions are governed by French law.
If a provision of the General Conditions should be held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other provisions will retain all their force and their scope.
In the event of difficulties in the interpretation or execution of these presents, the Parties will endeavor to resolve their disputes amicably, in which case the parties will engage in mediation before initiating proceedings.
These General Conditions are made up of 12 articles.