ARTICLE 1. Legal Identification
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”);
ARTICLE 2. Definitions
AdministratorMeans 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 AccountMeans 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;
- 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 ChannelsMeans the communication platforms which are edited, hosted, and the property of third-party companies, through which the User may access the Solution;
WebsiteMeans the website available at the following URLs: https://pocketconfidant.com.
SolutionMeans 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 AppMeans the website available at the following URL: https://coach.pocketconfidant.com.
User/End-UserMeans 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.
ARTICLE 3. User Acceptance – Caveats
ARTICLE 4. Agreement on Evidence
ARTICLE 5. Modifications
ARTICLE 6. Breach
ARTICLE 7. User Account
7.1. RegistrationTo 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
- he/she has read and accepted these GTU,
- Registering from the Website by entering email address, the topic of the conversation, and by providing explicit data processing consent.
- Registering from an email invitation by responding to the dedicated email address firstname.lastname@example.org, and by providing explicit data processing consent.
7.2. User AccountUpon 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 settingsThe 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.
ARTICLE 8. General Description of the Services
ARTICLE 9. Licensing Terms for the Solution
9.1. Scope of rights grantedPocketConfidant 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 UseThis License shall be expressly limited to the acts exclusively necessary for use of the Solution by the User.
9.3. Usage restrictionsThe 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. DurationOnce the License has been awarded, it is granted for the duration of the use of the Services.
9.5. TerritoriesThis License is expressly limited by the Parties to all territories worldwide.
ARTICLE 10. Equipment
ARTICLE 11. Data
11.1. User’s Data
11.1.1. OwnershipIn 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.
11.2. Personal Data
11.2.1. CollectionIf 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. OperationThe 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 email@example.com. 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;
11.3. Data securityTo 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.
ARTICLE 12. Intellectual Property
12.1. Compliance with intellectual property rightsPocketConfidant 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 paperReproduction of the pages of the Solution on paper (printing) is permitted exclusively for private and non-commercial use.
12.2.2. Electronic reproductionReproduction of all or part of the Solution on an electronic medium is prohibited.
12.3. LimitationsAll 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.
ARTICLE 13. Notification
- 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.