GENERAL TERMS & CONDITIONS

1. DEFINITIONS

Terms with a capital letter refer to the following definitions:

“The Company” means My Loving Mind LLC, whose registered office is located at 8834 E 34 RD 131 – SMB 23069, Cadillac, MI 49601, USA, registered under registration number 802787220.

“The Site” means the website accessible from the URL link https://mylovingmind.com/ and all sites published by the Company to present and sell its Services.

“User” means any person browsing the Site.

“Service” means all service offerings available for Order on the Site, including in particular:

• Individual hypnosis sessions via video conference through Google Meet
• Individual coaching sessions via video conference through Google Meet
• Downloadable MP3 audio files

“Order” means any subscription to a Service by the Client from the Company via the Site.

“Client” means the natural or legal person, professional or not, subscribing to a Service from the Company.

“General Terms and Conditions of Sale” or ” T&Cs” means these general terms and conditions of sale, applicable in the context of the contractual relationship between the Company and its Clients, which include the privacy policy possibly available on the Site and any element of the Site to which they expressly refer.

“Credentials” means the username and password provided by the Company to the Client so that they can access, via the Site or any other means of connection, the subscribed Service.

“Partner” means any professional partner with whom the Company maintains a business relationship in the context of providing the Service and to whom the Client may be referred in the context of providing the Service.

“Content” means data and digital content (in particular: videos, audio recordings, PDFs…) provided to Users or Clients by the Company free of charge or for a fee as part of access to the Site or Service.

2. SCOPE OF APPLICATION

Purpose. The T&Cs govern the provision of the Service to the Client, which includes the conditions of use of the Site published and made available by the Company.

Access to the T&Cs. The T&Cs are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. The T&Cs take effect from their update date indicated at the top of these terms, and apply to the exclusion of all other conditions, and in particular those applicable for sales through other distribution and marketing channels.

Acceptance of the T&Cs. Before any Order, the Client declares having read the T&Cs and having accepted them, which implies unreserved adherence to the T&Cs. By this acceptance, the Client acknowledges that, prior to any Order, they have benefited from sufficient information and advice from the Company on the Site, enabling them to ensure the adequacy of the Order content to their needs. The T&Cs constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.

By placing an Order, the Client declares being of legal age and having the capacity to contract under the law of their country or declares representing, by virtue of a valid mandate, the person for whom they are subscribing to the Service. In any event, the Client guarantees that they have the necessary authorizations to use the payment method selected when validating the Order.

Unless proven otherwise, data recorded by the Site constitutes proof of all facts, acceptance and transactions.

Scope of the T&Cs. The Client may request a copy of the version of the T&Cs applicable to their Order at any time. No specific condition, at the Client’s initiative, may be added and/or substituted for these terms. The Company reserves the right to provide specific conditions for its Services, special offers, special warranties, etc. which are provided to the Client before the Order. The fact that the Company, at any given time and for whatever reason, does not invoke a breach by the Client of any of the obligations contained in these terms, cannot be interpreted as a waiver to invoke them in the future.

3. SERVICE CHARACTERISTICS

Presentation. The Client may refer to the presentation of the Service on the Site, which is summarized on their Order page and in the confirmation email. The Client is expressly warned that any Service offer is subject to change. Only the Service described when subscribing to the Order is owed to the Client. When the contract concluded with the Company relates to the provision of digital content or digital services (excluding other services that do not have the character of digital services), the service is provided as is and no minimum level of quality of service is guaranteed to the Client.

Language. The Service is provided by the Company in English (translated from French).

Information about Services. The Services governed by the T&Cs are described and presented as accurately as possible. However, if errors or omissions have occurred regarding this presentation, the Company’s liability cannot be engaged unless it concerns a substantial element of the offer in question.

Version and updates. The Service subscribed by the Client is provided in its updated version on the purchase date. Updates are not included in the Service price.

4. SERVICE DURATION

The Service is provided to the Client for the duration specified on the Site at the time of the Order to the Client. In the context of the offer of digital content or digital services, the Client is expressly informed that the benefit of certain promotions is subject to a minimum commitment period, which will be specified to them at the time of their Order.

When no duration is defined, then the Service remains accessible for at least one year after the full delivery of the Service, and the Company may withdraw access at any time thereafter. In case of an offer to access digital content (materials in PDF, audio or video format, it is the Client’s responsibility to download them in their latest version before the expiration of their access rights to the Service).

5. ORDER

Order on the Site. After selecting the Service they wish to subscribe to on the Site, the Client is directed to an Order page on which they enter their contact information and payment methods (single payment or in installments, payment method). The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. In particular, the Client must have a functional electronic mailbox for sending and receiving. Otherwise, they will not be able to receive written confirmation of their Order at the electronic address provided, nor receive their access codes to the Service.

The Client cannot hold the Company responsible for a breach resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Service.

Payment obligation. Any Order received by the Company is deemed firm and final, entails adherence and full and complete acceptance of the T&Cs under the conditions provided, and obligation to pay for any Service ordered.

Electronic signature. The online provision of the Client’s banking details and the final validation of the Order shall constitute (i) proof of the Client’s agreement (ii) enforceability of the sums due for the Order placed and (iii) signature and express acceptance of all operations carried out during the Order on the Site (checkbox to check, to uncheck, validation click, etc.).

Order validation. After having read and accepted the T&Cs on the Order page, the Client is directed to a summary page of their Order, on which they provide their banking details before validating their payment. It is the Client’s responsibility to verify the summary information of their Order and to correct it if necessary, before validating the payment of the Order. This second click definitively confirms the Client’s Order.

Order confirmation. The Client receives a confirmation and summary email of their Order as soon as the payment is actually validated by the Company or its payment service provider.

Proof of transaction. The computerized records, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.

6. PRICING CONDITIONS

Applicable rates. The subscribed Service is delivered at the rates in force on the Site when the Client’s Order is registered by the Company, the Client can obtain updated information on all applicable rates and any maintenance fees by contacting the Company at: marie@mylovingmind.com.

Prices are displayed in US dollars (USD) or, depending on your location, in your local currency. Payment is processed by our secure payment processor (Stripe) in the currency displayed at the time of your order. If your bank card uses a different currency, the conversion will be done automatically according to the current exchange rate. VAT is not applicable to the Service because the Company is based in the United States and is not subject to French or European VAT.

In case of international sale, all customs duties and various taxes payable are the responsibility of the Client and fall under their sole responsibility. The Company cannot assume any responsibility in this regard and the Client is solely responsible.

Amounts due. The validation of the Order makes all amounts due under it enforceable. By validating their Order, the Client authorizes the Company (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose details have been provided by the Client, according to any installments indicated in the Order summary.

Payment method. To pay for their Order, the Client has, at their choice, all payment methods made available by the Company on the Site.

Direct debit. The Client chooses the bank direct debit method with secure systems and services provided by third parties on the Site and subject to their own contractual conditions over which the Company exercises no control, in particular via Stripe (https://stripe.com/payment-terms/legal). In this case, payment is made by SEPA direct debit or from the bank card information provided, depending on the payment method offered by the payment service provider and the Client’s choice. The Company reserves the right to use payment service providers of its choice and to change them at any time.

Debit authorization. By providing their banking information during the sale, the Client authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Service. The Client guarantees to the Company that they are of legal age and that they have the authorizations possibly necessary to use the payment method chosen by them, when validating the Order form.

Special offers and discount vouchers. The Company reserves the right to offer time-limited launch offers, promotional offers or price reductions on its Services and to revise its offers and rates on the Site at any time, under the conditions provided by law. The applicable rates are those in force at the time of the Client’s Order, who cannot claim other rates, prior or subsequent to their Order. Discount vouchers may be subject to special conditions and are in any event strictly personal to their beneficiary and usable only once.

Payment incident – Fraud. The Company reserves the right to suspend any Order processing and any Service delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The Company reserves in particular the right to refuse to honor an Order from a Client who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.

The Company may contact the Client to request additional documents to execute the payment of the Order. The Company may rely on the information provided by the Order analysis system. The provision of requested documents is necessary for the Order confirmation by the Company. In order to fight against credit card fraud, a visual verification of payment methods may be carried out by the Company before making the Service accessible. In case of fraudulent use of their bank card, the Client is invited, as soon as they become aware of this use, to contact the Company, without prejudice to the steps to be taken by the Client with their bank.

Default or late payment. Interest and penalties provided by law apply in case of default or late payment by the consumer or professional Client.

7. RIGHT OF WITHDRAWAL

Period. The Client may withdraw from the contract concluded with the Company without giving a reason within fourteen calendar days starting the day following the Order (the day after the date of contract subscription). If the period expires on a Saturday, Sunday or public holiday, it is extended until the expiration of the last hour of the following business day.

Exercise. To exercise the right of withdrawal, the Client notifies marie@mylovingmind.com of their decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or email). The Client may use the withdrawal form template but this is not mandatory. This is a consumer right and not a commercial warranty.

In case of withdrawal for one or more Services, the Company refunds the Client the price paid no later than fourteen days from the day after receipt of the withdrawal decision, by the same payment method as that used for the initial transaction, unless the Client accepts a different method.

WITHDRAWAL FORM TEMPLATE

Please complete and return this form only if you wish to withdraw from the contract.

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of My Loving Mind LLC, 8834 E 34 RD 131 – SMB 23069, Cadillac, MI 49601, USA – marie@mylovingmind.com:

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the provision of services (*) below:

Ordered on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of notification of this form on paper):

Date:

(*) Delete as appropriate.

ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:

• Provision of services fully executed before the end of the withdrawal period and whose execution began after the consumer’s express prior agreement and express waiver of their right of withdrawal;
• Provision of digital content not provided on a tangible medium whose execution began after the consumer’s express prior agreement and express waiver of their right of withdrawal;
• Provision of audio or video recordings when they have been unsealed by the consumer after delivery;
• Provision of Content made according to consumer specifications or clearly personalized;
• When the Client is a professional;
• When the contract was concluded for a current or future professional purpose.

If the Client requests to benefit from a service provision directly after the Order without waiting for the end of the withdrawal period but does not waive their right in the cases provided above, they pay the Company an amount corresponding to the Service provided until the communication of their decision to withdraw. This amount is proportional to the total price of the service agreed at the time of the Order. If the total price is excessive, the appropriate amount is calculated based on the market value of what has been provided.

In the context of legal exceptions and when the law requires it, the Client may be asked at the time of the Order to indicate their agreement to receive the Service before the end of the withdrawal period and/or for their waiver of the right of withdrawal via a checkbox or any other adequate means. Otherwise, the Company reserves the right not to send any content to the Client before the expiration of the fourteen-day period, which they expressly accept.

Service cessation in case of exercise. The exercise of the right of withdrawal terminates the obligation of the parties either to perform the contract or to conclude it when the consumer has made an offer. The exercise of the right of withdrawal of a main contract automatically terminates any accessory contract, without cost to the consumer other than those provided by law. The Client is therefore informed that the Company will immediately cease the Service in case of exercise of the right of withdrawal.

8. CONDITIONS OF ACCESS TO THE SITE AND SERVICE

Access to the Site. The Site is freely accessible to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs are exclusively borne by the User. The Company cannot be held responsible for material damage related to the use of the Site. In addition, the User agrees to access the Site using recent equipment, not containing viruses and with an up-to-date latest generation browser. The User is solely responsible for the proper functioning of their computer equipment as well as their Internet access, to access the Site and Service.

Access to the Service. The Company will provide the Credentials allowing access to the Service no later than within 24 hours from the date and time at which the Client placed their Order, subject to acceptance of payment by their bank. It is therefore essential to provide a valid email address. The conditions of access to the Service may vary according to the conditions of exercise of the right of withdrawal, in accordance with the terms provided by the T&Cs and the law.

The Client is invited to contact the Company if they have not received or if they have lost their Credentials so that they can be reset within 48 hours. The subsequent provision of Credentials releases the Company from all responsibility vis-à-vis the Client who cannot hold it responsible for unavailability of the Service.

Individual and personal nature of Credentials. Any login Credentials provided by the Company to the Client is strictly personal, individual, confidential and non-transferable. The Client agrees to subscribe to the Service only for exclusively personal purposes and declares not to resell, distribute or rent to third parties all or part of the Services and in particular the content of the Services or any other product received in the context of their Order. The Client who does not respect this commitment is exposed to prosecution. The Client will be responsible for any unauthorized, fraudulent or abusive use of their Credentials, and will inform the Company without delay of the loss or theft of the latter. In case of proven violation of the conditions of access to the Site or Service, the Company reserves the right to suspend access to the Service, without compensation, notice, or prior information.

Number of accesses. Unless special conditions provide for more extensive access, the subscription to a Service by a Client includes access rights for only one person, regardless of the number of employees or establishments of the Client. If the Client wishes several of their employees, collaborators, partners or any other person to be able to access the Service, they must subscribe to as many contracts as there are people for whom access to the Service is desired.

Maintenance. The Site may be subject to maintenance operations and the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site or Service in order to ensure its maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.

Contractual liability. The Company implements all reasonable means at its disposal to ensure continuous and quality access to the Site and Service, but is not bound by any obligation to achieve this. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site or Service.

Good faith use – Third-party sites. Any contribution space on the Site and to which the Client may have access in the context of a Service, including on social networks and groups, must be used in good faith. The Client refrains from any defamatory, threatening, hateful, intolerant, obscene, etc. remarks and any publication denigrating in nature likely to infringe the rights of the Company, other Users, third parties or contrary to the law.

The Company reserves the right to refuse access to all or part of the Site, the Service, contribution spaces and groups or to limit access rights to contribution spaces and groups, unilaterally and without prior notification to any Client not respecting the T&Cs, any conditions of use of the Site, the Service and/or all third-party sites, platforms and tools accessible in the context of the Service or more generally, any legal or regulatory obligation.

The Client agrees to inform themselves of the conditions of use of all third-party sites, social networks, platforms and tools accessible in the context of the Service and to comply with them. The Company exercises no control over these conditions and declines any responsibility in case of banning or dispute of the Client with these third-party sites.

9. CONFORMITY WARRANTY

THE CLIENT IS EXPRESSLY INFORMED THAT THIS WARRANTY DOES NOT APPLY TO PROFESSIONAL CLIENTS AND TO SERVICES OTHER THAN DIGITAL SERVICES, WHETHER OR NOT THE PROFESSIONAL USES DIGITAL FORMATS OR MEANS TO CREATE THE SERVICE PRODUCT, PROVIDE IT OR TRANSMIT IT TO THE CONSUMER.

The consumer has a period of two years from the provision of the digital content or digital service to obtain implementation of the legal conformity warranty in case of appearance of a conformity defect. During a period of one year from the date of provision, the consumer is only required to establish the existence of the conformity defect and not the date of appearance thereof. The legal conformity warranty entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service. The legal conformity warranty gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, without cost and without major inconvenience to them. The consumer can obtain a price reduction by keeping the digital content or digital service or they can terminate the contract by being fully refunded against waiver of the digital content or digital service, if: 1° The professional refuses to bring the digital content or digital service into conformity; 2° The bringing into conformity of the digital content or digital service is delayed in an unjustified manner; 3° The bringing into conformity of the digital content or digital service cannot occur without costs imposed on the consumer; 4° The bringing into conformity of the digital content or digital service causes major inconvenience for the consumer; 5° The non-conformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into conformity. The consumer also has the right to a price reduction or to termination of the contract when the conformity defect is so serious that it justifies that the price reduction or termination of the contract be immediate. The consumer is then not required to request the bringing into conformity of the digital content or digital service beforehand. In cases where the conformity defect is minor, the consumer only has the right to cancel the contract if the contract does not provide for payment of a price. Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the warranty that remained to run until the provision of the digital content or digital service in conformity again. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the consumer code. The professional who maliciously obstructs the implementation of the legal conformity warranty incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 242-18-1 of the consumer code). The consumer also benefits from the legal warranty against hidden defects pursuant to articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the digital content or digital service is kept or to a full refund against waiver of the digital content or digital service.

 

10. PERSONAL DATA PROTECTION

The Company respects the privacy of its Users and Clients. It undertakes that the collection and automated processing of their data – for the purpose of managing contracts and Orders, providing and improving the Site and Service, commercial prospecting and dispute processing – comply with the General Data Protection Regulation (GDPR) and the Data Protection Act in its latest version.

In order to provide the service or certain digital content, the Company is required to collect and process the following data concerning the Client: name, first name, email address, telephone number, billing address, banking details.

The personal data of Clients will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data making it possible to establish proof of a right or a contract may be subject to an intermediate archiving policy for a period corresponding to the limitation and forfeiture periods of legal or administrative actions likely to arise.

In accordance with the Data Protection Act and the GDPR, the Client or any person concerned by the processing has, according to the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability, erasure as well as a right not to be subject to an automated decision including profiling. Where applicable, the person concerned also has the right to withdraw their consent at any time.

The Client is informed and accepts that the Site and/or the Service may include technical devices that allow monitoring of use (connected user account, IP address, type of applications used, various connection and use logs to the User account…) and which are likely to be used in the context of anti-counterfeiting efforts, and/or to identify and/or prevent possible illicit or non-compliant use of the Site.

Any request to exercise rights may be sent by email to marie@mylovingmind.com. Any person concerned by processing has a right to file a complaint with the National Commission for Information Technology and Liberties.

The Client’s telephone contact details may be requested by the Company in the context of an Order. The consumer Client who does not wish to be the subject of commercial prospecting by telephone is informed that they can register free of charge on a telephone canvassing opposition list called “Bloctel” (more information on bloctel.gouv.fr). When the Client is registered on this list, the Company does not conduct telephone canvassing and may contact the Client by telephone only for solicitations occurring in the context of the execution of an Order in progress and having a relationship with the subject of this Order.

In order to deal with a security incident, threats or a vulnerability situation, the Company may implement the following measures internally: informing Clients and the supervisory authority if necessary, raising awareness among the Company’s teams, strengthening the security of premises and workstations within the Company. The Company may also take the following measures vis-à-vis its Clients: making Clients’ access to the Service conditional on modifying their Credentials, requiring them to strengthen the security of their passwords, implementing authentication procedures with enhanced security (two-factor authentication).

For more information on automated data processing and the methods of exercising their rights, any User can consult the privacy policy accessible at any time on the Site and the information notices on cookies used by the Company.

11. PARTNER SITES – HYPERLINKS

The User can access, through hyperlinks present on the Site or in the context of a Service, Partner or third-party sites, designed and managed under the responsibility of third parties who are not subject to the T&Cs. The User is, consequently, invited to read the contractual conditions of use or sale as well as the privacy policies or any other legal information applicable to these Partner or third-party sites.

No control over said sites and content is exercised by the Company which declines any responsibility regarding their content and the use made by any third party of the information appearing therein. This clause applies to all Partner content.

If a third-party site directs its users to the Site, the Company reserves the right to request removal of the hyperlink pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.

12. FORCE MAJEURE OR IMPOSSIBILITY

The performance of the Company’s obligations under these terms is suspended in case of occurrence of an unforeseeable event or force majeure that would prevent its performance. This suspension may concern all or part of the Service. In this case, the Company will notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment may give rise to restitution. If the definitive impediment is partial, only a partial restitution will be granted.

Under the conditions provided by law, Clients expressly accept that they cannot invoke a case of force majeure to postpone a payment (of an invoice for example) for a Service provided or being provided, or refuse delivery of an Order placed.

Are considered as cases of force majeure or unforeseeable events, in addition to those usually recognized by the jurisprudence of courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.

The Company’s liability cannot in any case be engaged due to difficulties encountered by the User or Client in accessing the Site and/or Service due to a technical or software failure or any other cause beyond its control. The Client acknowledges being aware of the technical hazards inherent to the Internet and mobile network and the dysfunctions that may result. Consequently, the Company cannot be held responsible for any unavailability, slowdown or failure of the Internet network or any computer solutions whatsoever, except in case of proven negligence on its part.

Moreover, in case of work incapacity of the person(s) in charge of the Service, due to illness, accident, family reasons, maternity and/or paternity leave, etc., the Company reserves the right to replace them and/or suspend the service without the Client being able to require payment of any compensation. The Company will notify the Client within a reasonable period of this incapacity and as far as possible of its duration. Only a definitive impediment confirmed by the Company may give rise to restitution. If the definitive impediment is partial, only a partial restitution will be granted.

13. INTELLECTUAL PROPERTY

The Company or its Partners are holders of all intellectual property rights relating to the Site and Service. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site or constituting the tools and media delivered on the Site and in the context of the Service.

Access to the Site and Service does not confer any right to the User or Client on the intellectual property rights relating to the Site and Service, which remain the exclusive property of the Company or its Partners.

The User or Client cannot, in any case, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, all or part of the Site and Service without the prior written authorization of the Company or its Partners.

Exploitation not previously authorized by the Company or its Partners, in any capacity whatsoever, of all or part of the Site or Service may be subject to any appropriate action, in particular interruption of access to the Service or a counterfeiting action.

In consideration for payment of the price requested during the Order, the content, techniques, know-how and methods transmitted and, more generally, all Service information are subject to a strictly personal, non-transferable and non-exclusive right of use for the duration of the Service selected by the Client at the time of the Order during the contract period only.

As such, the Client refrains from using and exploiting the Service on behalf of other people, including their collaborators or their entourage. They engage their liability in case of unauthorized assignment or communication of the Service content or sharing in any capacity whatsoever of their login Credentials. The Client vouches for the respect of the intellectual property rights of the Company or its Partners by all of their employees likely to have access to the restricted contents of the Site and all Service contents.

All distinctive signs used by the Company are protected by law and any unauthorized use by the Company may give rise to prosecution. The Company reserves the right to close the Client’s access to the Service in case of violation of its intellectual property rights, without prejudice to any penalties and damages.

14. REVIEWS, REFERENCES AND COMMUNICATION

Online reviews. Clients can post a review on the Site by contacting the Company. They undertake to provide a faithful description of their consumer experience.

Client reference. Clients may be solicited by the Company to be cited as beneficiaries of the Service. With the Client’s agreement, the Company may be authorized to mention the Client’s name, the review they gave to the Company on the Service as well as an objective description of the nature of the Service that was provided to them in its reference lists and proposals for the attention of its prospects and Clientele in particular on the Site, for advertising and promotional purposes, during interviews with third parties, communications to its staff, internal management forecasting documents, as well as in case of legal, regulatory or accounting provisions requiring it.

Exploitation authorization. When the Client sends writings, videos and/or photographs to the Company to give their opinion or testify about the Service provided by the Company, and where applicable makes comments or publications concerning the Company (for example, on their social networks), to which their identifier and profile photo on social networks are attached, then the Client authorizes the Company to use these contents for the promotion of its commercial activities. The contents are likely to be protected by image rights and/or copyright, and in this case, the Client grants the Company the possibility to adapt them (in form) and reproduce them on all media, in particular by presenting them as a commercial reference and/or as a review. For example, the Company may take screenshots of publications on social networks concerning it or the Service from which the Client benefited, and reproduce them on the Site as a review.

The Client acknowledges being fully satisfied with their rights and cannot claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Client concerned, increased by a period of 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization to take pictures and assignment of rights, for all cases not provided for herein or on an ad hoc basis.

Event. The provisions of the preceding paragraph apply identically to videos and photographs taken during any type of event (public, reserved for clients, webinars, workshops, etc.) organized or co-organized by the Company. Event recordings may be recorded and published by the Company, including on social networks in the form of excerpts or as free or paid replays. If the Client does not wish to appear, they will please position themselves at the back of the room, not participate in group photos, not signal to the photographer/cameraman in whose field they could be placed. When the event is remote, the Client may choose a pseudonym and not activate their camera so as not to appear in screenshots. It is the responsibility of professional Clients to inform their beneficiaries of the filming conditions.

15. EVOLUTION OF GENERAL CONDITIONS

The Company reserves the right to modify the terms, conditions and mentions of the T&Cs at any time and without notice in order to adapt them to changes in the Site or its operation, and characteristics of the Service. The applicable conditions are those accepted by the Client and sent to the Client in case of distance selling by any means of communication on a durable medium.

Modifications to the T&Cs made by the Company will not apply to Services already subscribed, except for clauses related to the technical evolution of the Service, provided that this does not result in either a price increase or alteration of the quality or characteristics to which the non-professional Client or consumer has subordinated their commitment.

The Client may also be invited to accept the modified T&Cs and otherwise, the last accepted T&Cs continue to apply until the Service is fully performed. In case of impossibility for the Company to continue providing the Service under the previous conditions, the Client has the option to request termination and their refund. In this case, the Company may retain an amount corresponding to the Service provided until termination, under the conditions provided by law.

16. LIABILITY

Warranty. Except under the conditions of any legal or commercial warranties granted that may be applicable, the Company is not bound by any obligation of result and provides no express or implied warranty, including, without this list being exhaustive, relating to the continuity, performance, result, sustainability of the Service provided, which are subject to uncertainty.

The Service price in no case includes the expenses to be incurred by the Client in the context of their activities to achieve their objectives and any amount of expenses, for example advertising, is always provided purely as an indication in the context of the Service.

Any objectives, success testimonials or examples presented by the Company on the Site and in the context of the Service assume the concrete and effective implementation of all advice, techniques and tools possibly provided in the context of the Service and in no case constitute a promise of gain or result. The Company cannot in any case guarantee to the Client that they will obtain similar results and these references are used only as examples.

Liability of Users and Clients. The User or Client is solely responsible for the interpretations they make of the information provided under the Services, the advice they deduce or that have been provided to them in the context of the Services and the adaptations made for their own activities. The use of information is done under the sole responsibility of the Client and at their own risk, which the Client expressly accepts.

The Client acknowledges that they have benefited from sufficient information and advice before committing and is aware that any desired result involves, by nature, risks and requires significant efforts. The Client declares that they are perfectly aware that the Services offered are only informative in nature and do not commit the Company to obtaining any result by the Client except for a particular commercial warranty applicable to the Service. Any Service cannot be likened to a medical, psychological, legal or financial service. It does not allow obtaining a diploma recognized by the State, and it has never been offered as such by the Company. The Client remains perfectly free in their commitments and to withdraw from the Service under the conditions provided in the contract. They act under their sole and exclusive responsibility.

In exchange spaces, the Client assumes as publisher, responsibility for communication to the public of information and editorial responsibility for all their communication, physical and online and in particular but not exclusively of their site(s), blogs, pages and accounts on social networks. The Client is solely responsible for the quality, lawfulness and relevance of the data and content they transmit to the public.

Limitation of liability. Whatever the type of Service formula selected by the professional Client, the Company’s liability is expressly limited to compensation for direct damages proven by the professional Client. In no case can the Company’s liability be engaged for indirect damages such as loss of data, file(s), loss of revenue, commercial prejudice, loss of earnings, damage to the professional Client’s image and reputation. Similarly, the Company cannot be held responsible for direct and indirect damages caused to the User’s equipment, when accessing the Site or Service, and resulting either from the use of equipment not meeting the conditions provided, or from the appearance of a bug or incompatibility.

IN ANY EVENT, THE COMPANY’S LIABILITY IS CAPPED WITH REGARD TO PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUDING TAXES BY THE CLIENT IN CONSIDERATION FOR THE PROVISION OF THE SERVICE IN THE CONTEXT OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT THE COMPANY COULD BE REQUIRED TO PAY AS COMPENSATION (DAMAGES AND INTEREST) AND PENALTIES, WHATEVER THE GROUNDS OF PREJUDICE ALLEGED AND THE LEGAL BASES RETAINED UNLESS THE LAW OR CASE LAW OPPOSES IT.

17. GENERAL PROVISIONS

The T&Cs as well as all purchase and sale operations referred to therein are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text would prevail in case of dispute.

The nullity of a contractual clause does not entail the nullity of the T&Cs. The temporary or permanent non-application of one or more clauses of the T&Cs by the Company cannot be considered as a waiver on its part to the other clauses herein which continue to produce their effects nor a waiver to invoke them in the future.

The Client accepts that the Company may assign this contract to its affiliated companies or to an acquirer without their prior consent.

18. DISPUTES

Amicable resolution. In case of dispute, the Client will contact the Company as a priority to try to find an amicable solution.

Mediation. In case of difficulty in applying this contract, the consumer Client residing in Europe has the possibility, before any legal action, to seek recourse to a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can contact the Online Dispute Resolution (ODR) platform accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

Dispute between professionals. IN CASE OF DISPUTE ARISING BETWEEN A PROFESSIONAL CLIENT AND THE COMPANY CONCERNING THE SERVICE, THE INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN THE JURISDICTION OF THE CITY OF THE COMPANY’S REGISTERED OFFICE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD-PARTY PROCEEDINGS, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES BY WAY OF SUMMARY PROCEEDINGS OR PETITION.