Conditions of use

Conditions of use

General Conditions of Use of the TFH Quiz application (hereinafter “GCU”)

Studio Tergimax, SIRET 82846197000018, (hereinafter “Studio Tergimax”) operates a mobile application called “TFH Quiz” (hereinafter “the Application”).

This application offers users functionalities designed to facilitate the study of Touch For Health, who declare that they take all necessary precautions for its practice.

1. Purpose of the GCU and current version

1.1. These general conditions of use (hereinafter “GCU”) apply between Studio Tergimax and any individual or legal entity using the TFH Quiz mobile application (hereinafter “the User”).

1.2. The purpose of these GCU is to define the conditions under which Users may access and use the Application, as well as the rights and obligations of Studio Tergimax and the User in the context of the use of the Application.

1.3. The fact that the User validates the box on the registration form indicating “I understand” implies acknowledgement and acceptance by the User, without reservation, of these GCU applicable to the use of the Application as described below.

1.4. Studio Tergimax is free to modify, at any time and without notice, the present GCU, in particular in order to take into account any legal, jurisprudential, editorial and/or technical evolution. Studio Tergimax will inform the User when the Application is next updated. The fact of continuing to use the Application after the User has been informed of the modification of the GCU implies acceptance of the modifications of the GCU by the User. The version of the GCU that prevails is the one accessible on the Application.

1.5. The present GTU come into force on 21/12/2022.

1.6. In the event that one of the clauses of the GCU is declared illegal, only that clause will be set aside. The legality of the other clauses of the GCU, which would continue to apply, could not be called into question.

1.7. The present GTU express the entirety of the obligations of the parties, to the exclusion of any other document or contract.

2. Operation of the Application

2.1. Description of the Application TFH Quiz is a mobile application enabling its Users to

(i) access information and explanations on the practice of Touch For Health, for each part of the body,

(ii) to take notes, without these notes being stored on the Application or retrieved by the User on his or her own mobile terminal. The Application offers a wealth of information of an informative and pedagogical nature about learning Touch For health. Studio Tergimax makes every effort to provide Users with relevant and up-to-date content. As this content is subject to change and interpretation, Studio Tergimax cannot be held responsible for any inaccuracies, omissions or errors. Studio Tergimax reserves the right to offer any other service it deems useful, in a form and according to the functionalities and technical means it deems most appropriate.

2.2. Users of the Application The User must be a natural person of legal age or a legal entity registered with the Trade and Companies Registry, have the legal capacity required to subscribe to the desired services and be the holder of a bank card. The Application is accessible exclusively to persons who declare that they have taken all necessary precautions for its use.

2.3 Downloading the Application The Application can be downloaded and used on cell phones and tablets. The User must download the Application from the appropriate application download platform adapted to the User’s computer equipment, under his or her sole responsibility. This download is subject to the conditions of use specific to the said download platform.

2.4. Terms of payment

2.4.1. Access to the application’s features is subject to payment. To access the paid features of the Application, the User must pay the full amount(s) announced by the download platform at the time the order is validated.

2.4.3. Updates to the Application made by Studio Tergimax may be downloaded free of charge by the user. When it is updated, the Application offers the user new functionalities, which may or may not be free of charge. New features offered by the updated Application can be downloaded free of charge by the User via the download platform. To access and use the paid features of the updated Application, the User must pay the full amount(s) announced by the download platform at the time of order validation, determined according to the number of features and/or pack chosen by the User.

2.4.4. Prices are expressed in euros, and any amounts expressed in other currencies are given for information purposes only. The price indicated at the time of payment is inclusive of all taxes and includes VAT at the rate in force when the sale is subject to this tax.

2.4.5. Studio Tergimax declines all responsibility relating to the payment of the Application and its various paying functionalities, this responsibility falling exclusively on the aforementioned downloading platforms, which manage all the conditions and methods of payment relating to the aforementioned payments. Studio Tergimax cannot be held liable in this respect.

2.5. Use of the Application

2.5.1. The Application uses the technology currently available for its access and use, although the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the user’s computer systems, cannot be ruled out.

2.5.2. Studio Tergimax reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Application, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.

3. Limitation of liability

3.1. The User acknowledges that the information and, more generally, the content available on the Application are provided for information and educational purposes only, in order to enable optimal use of the Application, but may in no case incur the liability of Studio Tergimax.

3.2. Studio Tergimax offers no guarantee, explicit or implicit, as to the functioning of the Application, particularly with regard to any technical problems that may arise.

3.3. Studio Tergimax may not under any circumstances be held responsible for the loss of information contained in the note-taking function of the Application, it being understood that the current version of the Application does not allow for the preservation of content written by the User via the said function.

3.4. Studio Tergimax can in no way be held responsible for the User’s use of the Application, since the User declares that he/she is fully aware of the health and medical issues associated with the use of the Application, and has undertaken to take all necessary precautions, including in particular any safety and/or hygiene measures required for its use.

3.5. Studio Tergimax is not responsible for Users’ failure to comply with any legal obligations related to their use of the Application, in particular if Users use the Application to practice Touch For Health on third parties, since Studio Tergimax does not intervene in the relationship between the User and the third party.

3.6. Studio Tergimax cannot be held responsible for any incompatibility, malfunction or other technical problems between the use of the services of the Application and the user’s computer equipment.

3.7. Studio Tergimax cannot be held responsible for the risks of contamination by viruses, attempted intrusion, etc., which may result from the use of the Application.

3.8. Studio Tergimax undertakes to do its utmost to ensure continuity of service, but is subject only to an obligation of means. Studio Tergimax does not provide any express or implicit guarantee, including, but not limited to, relating to the continuity and durability of the Application, the performance of the Application, the conformity or compatibility of the Application for a specific use, the quality or absence of defects or faults in the Application, eviction and the non-infringement of laws and regulations or of these TOS of the Application by other Users.

3.9. Users acknowledge that their use of the Application is at their own risk. The Application is provided “as is” and is accessible without any guarantee of availability or regularity. Studio Tergimax will endeavour to make the Application accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of Studio Tergimax and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or acts of malice or any damage to the hardware or software of Studio Tergimax. Studio Tergimax may interrupt, suspend or modify access to the Application temporarily and without notice, in particular for security reasons, for the restructuring of machine resources, for the maintenance or improvement of the Application or to improve the availability of information via the Internet. Insofar as possible, Studio Tergimax will give the User prior notice of any such interruption to the Application. In all cases, Studio Tergimax will make its best efforts to ensure that the interruption affects the User as little as possible. Studio Tergimax cannot be held responsible for any damage caused by these interruptions, including loss of data.

3.10. Studio Tergimax may under no circumstances be held liable for any interruption of all or part of the Application, whatever the cause, duration or frequency of such interruption.

3.11. Studio Tergimax cannot be held liable in the event of fault, default, omission or negligence on the part of the User, in the event of force majeure, events or incidents beyond the control of Studio Tergimax, such as strikes, social unrest, natural disasters, fires, etc., as well as in the event of fault, negligence or omission on the part of a third party over whom Studio Tergimax has no power of control or supervision.

3.12. No advice or information, whether oral or written, obtained by the User of the Application is likely to create guarantees not expressly provided for in these GCU.

4. User obligations

4.1. The User undertakes to comply with the laws in force when using the Application.

4.2. The User is solely responsible for his/her use of the Application and for the proper functioning of his/her computer equipment. The User is hereby informed and accepts that use of the Application requires that he/she be connected to the Internet, and that the quality of the Application depends directly on this connection, for which he/she is solely responsible.

4.3. The User is also solely responsible for protecting his/her computer equipment against any risk of contamination by viruses, intrusion attempts, etc.

4.4 By accepting these GCU and, more generally, by using the Application, the User acknowledges that he/she is aware of the medical issues involved in using the Application, and undertakes to take all necessary precautions and safety and/or hygiene measures for its use. The User acknowledges that the Application offers him/her an additional, non-alternative solution to benefit from an educational tool enabling him/her to enhance his/her knowledge and professional skills, and that this solution is not a substitute for any other means the User may have at his/her disposal to achieve the same objective. Furthermore, in the event that the User notes the existence of inaccurate information or, more generally, content that is missing or contains errors, the User undertakes to inform Studio Tergimax as soon as possible, by sending an email to the following address:

4.5. The user undertakes not to attempt to interfere with the operation of the Application.

4.6. The use of the Application is forbidden to Users whose access to the Application has been voluntarily suspended or removed by Studio Tergimax.

4.7. In the event of knowledge of manifestly illicit action by a User and/or in the event of violation of the stipulations of these GCU and/or of any legal or regulatory obligations, Studio Tergimax may, immediately, without notice or compensation, suspend or terminate the User’s access to the Application and refuse him/her access, temporarily or permanently, to all or part of the Application. Studio Tergimax reserves the right to take legal action against any use of the Application that does not comply with these GCU. In the event of inappropriate behaviour by the User and/or non-compliance with these GCU, assessed at the sole discretion of Studio Tergimax, Studio Tergimax reserves the right to suspend or remove the User’s access to the Application, without notice and without compensation. Studio Tergimax also reserves the right to prosecute before the competent legal authorities any use of the Application which does not comply with these GCU.

5. Prohibited behaviour

5.1 It is strictly forbidden to use the Application for the following purposes: Carrying out illegal or fraudulent activities or activities that infringe the rights or security of third parties; Undermining public order or violating applicable laws and regulations; Intrusion into a third party’s computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security; And more generally, any practice that diverts the Application from its intended purpose.

5.2 Users are strictly forbidden to copy and/or divert the concept, technologies or any other element whatsoever of the Application for their own purposes or those of third parties.

5.3. The following are also strictly forbidden: any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Application; any intrusions or attempted intrusions into Studio Tergimax’s systems; any misappropriation of the Application’s system resources; any acts likely to prejudice the financial, commercial or moral rights and interests of Studio Tergimax or of the Application’s users; and more generally any breach of these GCU.

5.4 It is strictly forbidden to monetize, sell or grant all or part of access to the Application.

6. Intellectual property rights

Without this list being exhaustive, the “TFH Quiz” brand as well as its derivatives, logos, graphic charter, layout, information, presentation and content of the Application, including in particular texts and information, are the exclusive property of Studio Tergimax.

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) used by Studio Tergimax within the Application are also protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Studio Tergimax are strictly prohibited and may be subject to legal proceedings. Any reproduction or representation, in whole or in part, of the Application or its component parts, such as, but not limited to, trademarks, logos, graphics, layout, information, presentation and content of the Application, is strictly prohibited. The fact that the User has access to the Application does not imply any transfer of intellectual property rights to the User.

7. Language

In the event of translation of the present terms and conditions into one or more languages, the language of interpretation shall be French in the event of contradiction or dispute as to the meaning of a term or provision.

8. Warranties

The User guarantees Studio Tergimax against all complaints, claims, actions and/or demands whatsoever that Studio Tergimax may suffer as a result of the User’s breach of any of its obligations or guarantees under these general conditions. The User undertakes to indemnify Studio Tergimax for any prejudice it may suffer and to pay all costs, charges and/or judgments it may incur as a result.

9. Non-waiver

The fact that Studio Tergimax does not take advantage of a default or breach by the User of any of its contractual or legal obligations cannot be interpreted as a waiver of the right to take advantage of this default or breach. The fact that Studio Tergimax does not avail itself of a stipulation of the GCU does not in any way imply waiver of the benefit of said stipulation.

10. Applicable law and jurisdiction

These GTU shall be governed by French law. Any dispute between Studio Tergimax and a User, in particular concerning the formation, execution, interpretation, validity, termination or resolution of these GCU, including conservatory procedures, emergency procedures, in the event of summary proceedings, appeal for warranty, petition or plurality of defendants, will be subject to the jurisdiction of the courts of Paris, except in the case where this attribution of jurisdiction would not be applicable due to the quality of one of the parties or a procedural issue.

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