Terms of Use

The Solution is published by “PocketConfidant Artificial Intelligence SAS”, a company incorporated under the laws of France with a share capital of 4,759.00 euros, registered with the Nice Trade and Companies Registry under the number 820 101 657, having registered office at Nice City Centre, 37-41 Boulevard Dubouchage, 06000 Nice (France), as the “Party” or collectively with the User as the “Parties” (hereinafter referred to as “PocketConfidant”);

The following terms, whether used herein in the singular or plural form, shall always have the following definitions:

GTU

Means the current General Terms of Use represented in this document.

Administrator

Means the natural or legal person who benefits from a License to Use the Solution granted by PocketConfidant, by which it authorizes the User to use the Solution under the conditions set forth herein;

Account/User Account

Means the account created by PocketConfidant for the User at the time of his/her subscription to the Services, in compliance with the procedure set forth in Article 7.1 herein, and via which the User can make use of the Services provided by the Solution, in compliance with the License to Use provided in Article 9 herein;

Data

• User’s Data: Means the entirety of the User’s data, hosted by PocketConfidant, as well as any data covered by any of the User’s intellectual property rights, provided by the User via and in the context of his/her use of the Services;
• Personal Data: Means all types of information, data, and content collected and processed in the course of use of the Services delivered by the Solution, and hosted by PocketConfidant, which, as defined in the French Data Protection Act of 6 January 1978 (as amended by the French Decree of 4 November 1991 and by the French Act of 6 August 2004 implementing Directive 95/46/EC) and in the European Union Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data, making it possible to directly or indirectly designate or identify an individual;

Messaging Channels

Means the communication platforms which are edited, hosted, and the property of third-party companies, through which the User may access the Solution;

Services

Means all the services that PocketConfidant agrees to provide to the User through to the Solution, under the terms and conditions of these General Terms of Use;

Website

Means the website available at the following URLs: https://pocketconfidant.com.

Solution

Means the online real-time and/or asynchronous self-coaching software, available as a service either through the Messaging Channels, provided the User has a User Account on said Messaging Channels, through the Web App, Website, or via exchange of email messages. The Solution is designed, published, and hosted by PocketConfidant and is the exclusive property of PocketConfidant, use of which is granted to the User in accordance with the License to Use set forth in Article 9 below;

Web App

Means the website available at the following URL: https://coach.pocketconfidant.com.

User/End-User

Means any natural person over fourteen (14) years of age, who is granted an End-User license to use and, as such, is entitled to access the Solution and make use of the self-coaching services provided by PocketConfidant.

These General Terms of Use (hereinafter referred to as the “GTU”) are expressly approved and accepted by the User, who declares having read and fully understood them. In any event, once the User has begun using the Services offered by the Solution to any degree, he/she is bound from that point on by these GTU. The User is therefore deemed to have accepted all the rules set forth herein, as well as those that may be set forth in any document available on the Website or in the Solution, incorporated into these GTU by reference and which govern his/her relationship with third parties and PocketConfidant. These GTU are binding for the entire duration of use of the Solution and until these GTU are superseded by new GTU. The User acknowledges that s/he has read the legal notice available on the Solution prior to any use of the Services offered through the Solution.

The User acknowledges that recordings and backups (including any connection data) made on the Solution (hereinafter the “Electronic Documents”) have full significant effect between the User and PocketConfidant. The Electronic Documents (including their dates and times) will therefore be admissible in any dispute between the Parties. The User therefore acknowledges, in his/her contractual relationship with PocketConfidant, the validity and probative value of emails. Similarly, any notification made through the Solution shall be enforceable against the User as elements of evidence.

PocketConfidant reserves the right to modify these GTU, at its sole discretion, based on the technical evolution of the Solution and/or its proposed Services, or in the event of changes in legislation. In general, use of the Solution by the User is always subject to the most recent version of the GTU available to the User at the time of use. The User is responsible for reading the GTU as often as necessary, which are available through his/her User Account.

Any breach of these GTU entitles PocketConfidant to refuse the User responsible for the breach in question any future access to the Services provided by the Solution, and to close any User Account providing access to the Services, without prejudice to any compensation that may be due PocketConfidant.

7.1. Registration

To use the Solution, the User shall first log on pursuant to the registration procedure set forth on the Messaging Channel(s) or on the Solution’s Web App, per the instructions provided by the Administrator. To that end, the User shall first either log on to the Messaging Channel used by him/her with his/her connection settings or go directly to the Web App. After that, he/she shall begin a conversation with the coaching Solution and, within this discussion, shall provide in good faith all information requested. This information shall be:

• his/her email address;
• if applicable, the Subscription Code previously provided to him/her by the Administrator;
• a password

Upon registration, the User shall certify that:

• he/she has read and accepted these GTU,
• he/she has read and accepted the Privacy Policy.

The User shall then enter the temporary password sent automatically by the Solution to his/her email address. Thereafter, the Solution shall automatically send the User an email confirming the creation of his/her Account. PocketConfidant reserves the right to refuse an application for registration to the Solution by any person or entity not willing to comply with these GTU, or who does not fully, or in good faith, provide the requested information at the time of registration. To use the Solution via email, two registration options exist:

1. Registering from the Website by entering email address, the topic of the conversation, and by providing explicit data processing consent.
2. Registering from an email invitation by responding to the dedicated email address coach@pocketconfidant.com, and by providing explicit data processing consent.

7.2. User Account

Upon successful registration, the User can access the Solution either through the Messaging Channel he/she has selected, or by accessing his/her User Account on the Web App. The User may then begin a discussion with the coaching Solution and enjoy the full benefit of the Services.

7.3. Connection settings

The User shall keep his/her connection settings confidential and is hereby reminded that connection settings are strictly for the User’s personal use only. The User is responsible for any use of these settings, whether or not such use is expressly authorized by the User. The User shall not assign, lend, or transfer his/her connection settings to any third party, or enable any third party to connect to his/her Account. For security reasons, when the User logs in to the Solution after an extended period of non-use, as well as when the User logs in for the first time through a Channel (Web App or Messaging Channel) different from that which he/she used to create his/her User Account, or when the User is asked to agree to a specific action, the Solution will automatically send him/her a single-use password to the email address provided upon creation of the User Account. The User shall enter this password into the conversation with the coaching Solution before being able to use the Services.

PocketConfidant provides its Users with a real-time and/or asynchronous self-coaching solution. The Solution provides Users access to coaching conversations, via Messaging Channels, Web App, or via exchange of email messages. In these conversations Users can talk about their situation, both current and desired, and whether personal, or professional, or both. It is hereby expressly stated that the Solution constitutes neither a diagnostic service, nor a form of medical or mental-health treatment, nor an emergency medical or mental-health service. For more information, the User is invited to visit the Website or to contact PocketConfidant at the following email address: support@pocketconfidant.com.

9.1. Scope of rights granted

PocketConfidant shall grant the User, and the User accepts, a non-exclusive, nontransferable license to use the Solution, within the strict limits of the Field of Use set forth below, within the Territory and in accordance with the provisions set forth herein (hereinafter referred to as the “License”). The User shall not sell, assign, publish, present, disclose, or make this License available to third parties in any manner whatsoever.

9.2. Field of Use

This License shall be expressly limited to the acts exclusively necessary for use of the Solution by the User.

9.3. Usage restrictions

The use of the Solution published by PocketConfidant and its provision to the User shall be subject to the following restrictions: This License is strictly personal and the User shall not assign, transfer, or delegate any right or obligation he/she holds under the present License without the prior written consent of PocketConfidant. For example, the User is not authorized to carry out any of the following operations without the express written authorization of PocketConfidant:

• make any copy of all or part of the software solutions composing the Solution;
• reproduce the Solution, whether permanently or temporarily, in whole or in part, by any means and in any manner whatsoever, including when performing any of the acts of loading, displaying, running, or storing the software;
• reverse engineer, decompile, or disassemble the Solution, the program(s), and/or the software solution(s), except as expressly authorized by law;
• modify, alter, adapt, or effect any change of any nature to the presentation of the Solution, of the program(s) and/or software solution(s), trademark, business name, logos, etc., on the Solution, its presentation, i.e., delete any identification and/or proprietary notices of the Solution, including names of contributors;
• translate, adapt, arrange, or modify all or part of the Solution, or export or merge the Solution with other computer applications;
• delete or alter any program and/or software solution as it may appear on presentations or in the content of the Solution;
• rent, lend, lease, or use the program(s) and/or software solution(s) with the objective of sharing it or making it available to third parties that may not be Users, as part of a time-sharing or subcontracting scheme;
• publish any test, analysis, and/or performance evaluation relative to the Solution without the prior written permission of PocketConfidant;

9.4. Duration

Once the License has been awarded, it is granted for the duration of the use of the Services.

9.5. Territories

This License is expressly limited by the Parties to all territories worldwide.

The use and maintenance of any telephone, computer, and/or other equipment necessary to access the Solution is the responsibility of the User, who shall solely bear the costs thereof. PocketConfidant shall not be held liable for any damage to any equipment in connection with the use of the Solution.

11.1. User’s Data

11.1.1. Ownership

In the relationship between PocketConfidant and the User, the latter is the exclusive owner of the User’s Data. As such, the User is solely responsible for the quality, legality, and appropriateness of the content and Data he/she conveys to PocketConfidant in connection with his/her use of the Solution.

11.1.2. Confidentiality

The User’s Personal Data shall be considered confidential information and PocketConfidant agrees to not alter, modify, or disclose the User’s Data to any person or entity whatsoever. However, the User acknowledges and accepts that PocketConfidant may use such Data in connection with the performance of its Services while ensuring compliance with the principles of confidentiality and the mandatory rules governing the processing, storage, and use of Data, especially when such Data is sensitive or personal. For more information, the User is invited to read the PocketConfidant Privacy Policy, which is available on the Website.

11.2. Personal Data

11.2.1. Collection

If the Data processed or transferred by PocketConfidant for the performance of the Services and stored on the cloud servers on behalf of PocketConfidant contain Data of a personal and/or sensitive nature, then PocketConfidant must ensure compliance with all obligations under the terms of the French Data Protection Act of 6 January 1978 (as amended by the French Decree of 4 November 1991 and by the French Act of 6 August 2004 implementing Directive 95/46/EC) and in the European Union Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data. Should said Data be stored by PocketConfidant on servers located in a country or countries outside the territory of the European Union, PocketConfidant shall guarantee that the country or countries in which the Data are stored ensure(s) an adequate level of protection per the meaning of French Article 25 of Directive 95/46EC. Furthermore, under such circumstances, express authorization for the transfer of Data must be obtained from the CNIL. PocketConfidant agrees to inform the User of the location of the Data and, more generally, to provide all necessary and useful information for making the declarations.

11.2.2. Operation

The User is solely responsible for the quality, legality, and appropriateness of the Data generated through his/her use of the Services. In accordance with the French Law of 6 January 1978, collection of personal data and the computer processing that may be carried out on said data by the Solution have previously been declared to the Commission Nationale de l’Informatique et des Libertés (National Information Storage and Freedom Commission or CNIL) under number: 2105987v0. Any interested parties may receive this information by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris Cedex 07, France, or by sending an email to the address decweb@cnil.fr. Creation of a User Account implies collection of a certain amount of Personal Data from the User. These Data may be used by PocketConfidant to:

• (i) Send the newsletter to the User;
• (ii) Process all or part of the proposed Services; and
• (iii) Send information relating to the use of the Solution, its updates, modifications, or other, via personal message to the User;

Pursuant to Article 39 of French Law No. 78-17 of 6 January 1978 relating to information technology, data files, and civil liberties, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), any User has a right to access, modify, rectify, and/or delete any data about himself or herself. These rights can be exercised, if necessary, with PocketConfidant by sending an email to the address support@pocketconfidant.com.

11.3. Data security

To the extent that the Data are confidential, or, as the case may be, likely to constitute Personal Data, PocketConfidant, acting only as a service provider, agrees to:

• Process the Data in accordance with this GTU, the User’s instructions, and applicable law;
• Take, under an obligation of means, adequate technical, organizational, and security measures against the unauthorized access, alteration, disclosure, destruction, and/or loss of the Data;
• Maintain the security and integrity of the Solution and the Data.

11.4. Protection of Data by Messaging Channels

Notwithstanding the foregoing, the User acknowledges and accepts that the use of the Solution, when not operated through the Web App or a Website, implies the use of third-party Messaging Channels or third-party Email service providers which do not act under the control of PocketConfidant. Thus, PocketConfidant cannot guarantee that collection and processing of Data and contents contained in the conversations between the User performed by said third-party systems will be subject to the same commitments as those described in Article 11 herein. Specifically, in the event the User uses the Solution through the Messaging Channels, the User agrees to the terms of use and the privacy policy of the respectful third-party Messaging Channel. The list of the Privacy Policies is available here: https://pocketconfidant.com/vendors/.

12.1. Compliance with intellectual property rights

PocketConfidant shall retain ownership of all intellectual property rights that are used to operate the Solution and, more generally, all elements reproduced or used on the Solution are protected by intellectual property laws (the “Elements”). Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of said Elements without the prior written consent of PocketConfidant is strictly prohibited. The fact that PocketConfidant does not initiate proceedings upon becoming aware of the unauthorized use does not constitute acceptance of said uses or a waiver of legal proceedings.

12.2. Non-violation of Copyright – Copyright © – Links (owned by PocketConfidant and/or its partners)

This Solution respects copyrights and related rights (hereinafter “Copyrights”). All Copyrights of protected works that are reproduced and communicated on the Solution apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without express permission.

12.2.1. Reproduction on paper

Reproduction of the pages of the Solution on paper (printing) is permitted exclusively for private and non-commercial use.

12.2.2. Electronic reproduction

Reproduction of all or part of the Solution on an electronic medium is prohibited.

12.3. Limitations

All trademarks and other intellectual property rights pertaining to any content of the Solution (including information, text, images, copyright, designs, and models) and the structure of the Solution are the property of PocketConfidant, or PocketConfidant has been granted the right to use them by the holder of said rights. No use of this content and/or the intellectual property rights relating thereto is permitted without the prior express written consent of PocketConfidant. All such rights are expressly reserved. The User agrees to respect the intellectual property rights of PocketConfidant on each Element of the Solution and ensure these rights are respected by third parties. The User agrees to immediately notify PocketConfidant of any infringement of intellectual property protection that may come to his/her attention. The User acknowledges and accepts that access to the Solution and the computer program(s) and software solution(s) that are made available by PocketConfidant do not imply any assignment or licensing of intellectual property rights (and, in particular, trademark rights or copyrights) or any other rights to the benefit of the User. It is therefore strictly prohibited to reproduce, distribute, transmit, publish, allow access by a link or hyperlink, modify, adapt, or correct the Solution in any manner whatsoever without the express written authorization of PocketConfidant. Any breach of this clause may result in a violation of copyright, trademark right, or other intellectual property rights.

All notices and notifications provided in this GTU shall be sent to the address indicated by PocketConfidant at the top of this document, and to the address provided by the User at the time of his/her subscription to the Services, regularly updated if need be, pursuant to the provisions herein. All notifications made under this GTU shall be valid and be deemed received under the following conditions:

• Email: on the date the email is sent;
• Registered letter with acknowledgement of receipt: the day following the date stamped on the acknowledgement of receipt.

This GTU shall be governed by the laws of France. In the interests of jointly seeking resolution to any dispute arising out of this GTU, the Parties agree to meet within fifteen (15) days following the receipt of a registered letter with acknowledgement of receipt sent by either Party. If, after a second fifteen (15)-day period, the Parties are unable to reach a compromise or resolve the dispute, the dispute shall be referred to the court with material and territorial jurisdiction.