Last update: 11/05/2023
ARTICLE 1 – PREAMBULE
EMOFACE, a simplified joint-stock company, registered in the Grenoble Trade and Companies Register under number 880 275 565, with a share capital of 40,000.00 euros, whose registered office is located at 155 CRS BERRIAT, 38000 GRENOBLE, represented by Mrs. Adela BARBULESCU in her capacity as President (hereinafter referred to as “SAS EMOFACE”), has conceived, developed and published the EMOFACE application (hereinafter referred to as “the Application”), which it owns.
The Application aims to help young children understand, express emotions and manage social situations. It is mainly aimed at children suffering from Autism Spectrum Disorder (ASD) or having difficulties with learning facial emotions by providing various exercises and educational games.
SAS EMOFACE therefore provides Subscribers (as defined below) with tools and means to assist and support children in learning about emotions.
Any use of the Application by Subscribers, and in particular, any creation of a User Account, implies acceptance, without reservation, of these general terms and conditions of use (hereinafter the “General Terms and Conditions of Use”). The present General Terms of Use are accessible at any time in the Application (hereinafter defined), under the heading “G.T.U.” and shall prevail, if necessary, over any other version or any other contradictory document.
SAS EMOFACE reserves the right to modify these Terms and Conditions at any time. In this case, the modified Terms and Conditions will be communicated to Subscribers and will specify the date of “Last Update”.
SAS EMOFACE also informs the Subscribers (hereinafter defined) of the modifications, by e-mail to the e-mail address mentioned at the time of the creation of their personal space, within a minimum period of thirty (30) days before the date of their taking effect. The e-mail shall mention the Subscriber’s right to refuse the new General Terms of Use. If you do not wish to continue using the Application under the new version of the General Terms of Use, your subscription will be automatically terminated.
ARTICLE 2 – DEFINITION
As between the Parties, the following terms shall have the following meanings, whether in the singular or plural:
« User» : Any person with a User Account created from a Subscriber Area;
« Application » : Means the software application “EMOFACE” published and provided by SAS EMOFACE and which is accessible in particular in the Apple “App Store” and the Google “Play Store” to be downloaded in particular on an Apple iOS or Android terminal.
The Application also includes the Content, software, programs, programming tools, navigation tools, databases, operating systems, documentation and all other elements and services that make up the Application, as well as updates and new versions that may be made to the Application by SAS EMOFACE.
« Subscriber » : Any person who has subscribed to the application, whether an individual or a professional subscriber (including a free one-month period);
« Individual subscriber » : Any person other than a professional who has subscribed to the application;
« Professional subscriber » : Any person, professional or non-professional within the meaning of the Consumer Code, who uses the Application as part of their professional, educational and/or research activity.
« Content » : Means, but is not limited to, the structure of the Application, the editorial content, the educational content, the games, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the company names, the audiovisual works, the multimedia works, the visual content, the audio and sound content, as well as any other content present within the Application and/or any other element composing the Application ;
« Subscriber’s Area» : space reserved for the Subscriber, accessible by him/her via a login completed by the entry of his/her password; allowing him/her to define certain parameters of the Application, notably to create User Accounts;
« User Account» : personal space of the User, created from a Subscriber Area and limited in number for a Subscriber according to the chosen formula. The User Account allows each User to follow a specific educational path.
ARTICLE 3 – PURPOSE
The purpose of the present Terms and Conditions is to govern access and use of the application by Subscribers and Users.
ARTICLE 4 : USE OF THE APPLICATION
4.1 Registration
To access the Application, all Subscribers and Users must first create a User Account accessible from their Subscriber Page. The creation of a User Account is only possible from a Subscriber Page.
When registering, the Subscriber agrees to provide accurate, truthful and up-to-date information. When creating a User Account, Subscriber agrees to provide accurate, truthful and up-to-date information about the User.
The Subscriber must regularly verify the data concerning him/her in order to maintain its accuracy. The Subscriber must also provide a valid e-mail address, to which the Application will send a confirmation message of his registration to be validated. An e-mail address cannot be used several times to subscribe to the Application. Only one subscription to the Application is allowed per Subscriber.
Any communication made by the Application and SAS EMOFACE, as well as its possible partners is consequently deemed to have been received and read by the Subscriber. The Subscriber therefore undertakes to regularly check the messages received on this e-mail address and to reply within a reasonable time if necessary.
As soon as the Subscriber registers, he/she will have a Subscriber’s Area allowing him/her to create one or more User Accounts.
The maximum number of User Accounts that the Subscriber can create from his Subscriber’s Area depends on the formula chosen by him and is communicated to him when the first invoice is issued, i.e. as soon as he has subscribed to the subscription.
The Subscriber is given a login to access his Subscriber’s Area.
The identifier and password can be changed online by the Subscriber in his Subscriber’s Area.
The password is personal, confidential and non-transferable. The Subscriber agrees never to communicate it to third parties. In order to protect the security of other Subscriber accounts on the Application as much as possible, the Subscriber must ensure that he/she does not reuse the same password associated with other accounts allowing him/her to access third-party services provided by third-party companies.
The Subscriber agrees to notify SAS EMOFACE, at the following email address : contact@emoface.fr and as soon as possible, any fraudulent use of his Subscriber’s Area or any loss, theft or disclosure of his password.
The Subscriber is responsible for the use of the Application by Users.
ARTICLE 5 : DURATION AND FINANCIAL TERMS
5.1 Duration
Access to the Application is conditional upon the Subscriber’s registration. The contract between the Subscriber and SAS EMOFACE is thus formed on the day the Subscriber validates his registration. The contract is for an indefinite period.
5.2 Billing
The Subscriber may decide to pay for his subscription to the Application by choosing one of the following three options. Payment for access to the Application can be either monthly, annual or “lifetime”:
The annual and “lifetime” subscriptions are due by the Subscriber upon registration. The sums paid by the Subscriber remain acquired by SAS EMOFACE.
The applicable VAT rate is that applicable on the day of invoicing.
ARTICLE 6 – COMMITMENTS OF SUBSCRIBERS
When using the Application, Subscribers agrees to
Professional Subscribers specifically agree to use the Application in compliance with their professional and ethical obligations. They also undertake to SAS EMOFACE to have a good knowledge of the disorders and pathologies that may affect Users and to ensure that use of the Application does not cause any damage or harm to Users.
Any professional Subscriber having subscribed to a professional subscription and of which SAS EMOFACE would realize that the transmitted information is false, incomplete or are not any more up to date could see its subscription cancelled without prejudice of any damages.
Any use contrary or diverted from the Application is prohibited. SAS EMOFACE also reserves the right to take any action against the Professional Subscriber who is the perpetrator of the facts defined above.
ARTICLE 7 – RESPONSIBILITY
SAS EMOFACE is not a health professional and can not, as such, be held responsible in this capacity. SAS EMOFACE is only responsible for the failure to one or more of the obligations listed in the present document.
For professional use, SAS EMOFACE cannot be held responsible of the bad execution of a care or any other service by professional Subscriber, having for consequence any damage on the User.
SAS EMOFACE does not guarantee the reliability, performance, exhaustiveness of the Contents published on the Application in the case of a use diverted from the characteristics and objectives aimed at in the present document that the Subscribers would like to make. Subscribers agree to use the Application under their sole responsibility.
In all cases, the resulting malfunctions and unavailability of the Application may not give rise to any compensation for the Subscriber.
SAS EMOFACE undertakes to respond as soon as possible to Subscribers’ requests and complaints sent to the addresses indicated in the “Applicable Law – Competent Courts” section of this Agreement.
SAS EMOFACE is subject to an obligation of means towards the Subscribers, in the supply of the Application as well as for their operation. The Application is in principle accessible 7 days a week and 24 hours a day. Nevertheless, access to the Application may be temporarily suspended, without prior notice, by SAS EMOFACE due to technical maintenance operations, migration, updates or due to breakdowns or constraints related to the operation of networks. In addition, SAS EMOFACE reserves the right to modify or interrupt, at its sole discretion, on a temporary or permanent basis, all or part of the access to the Application, its services or its functionalities, without any liability being incurred.
SAS EMOFACE shall not be liable :
SAS EMOFACE shall not be held liable in the event of non-performance or improper performance by the Subscriber of these General Terms of Use, of the unforeseeable and insurmountable act of a third party or in the event of force majeure as defined by Article 1218 of the french Civil Code.
It is also recommended that Users use the Application on tablets and in particular on Apple Ipad
especially on Apple Ipad for an optimal comfort of use. SAS EMOFACE can in no way guarantee the User the proper functioning of the Application on any other medium.
SAS EMOFACE shall not be held liable in the event that the Application offered proves incompatible with certain equipment and/or functionalities of the Subscriber’s computer equipment.
The Subscriber guarantees SAS EMOFACE for any damage caused by or to a User connected from his personal Subscriber Account. The Subscriber is solely responsible for the use of the Application by its Users. In this regard, Subscriber agrees to obtain all necessary authorizations, including parental authorizations, for a User to use the Application and to communicate information about the User.
For individual Subscribers, this section does not affect the legal rights of consumers.
ARTICLE 8 – UNSUBSCRIPTION, TERMINATION AND ACCOUNT CLOSURE
SAS EMOFACE may at any time terminate the contracts or suspend access to the Application to a Subscriber in case of non-compliance with the present General Terms of Use.
In the event of termination of the subscription by SAS EMOFACE or by the Subscriber, SAS EMOFACE shall not reimburse the amounts already paid.
8.1 Subscriber’s right to unilateral termination
The Subscriber may, at any time and at his discretion, request the closure of his account by going to the dedicated page in his Subscriber’s Area. Any de-registration from the Application implies termination of the contract.
8.2 Termination by SAS EMOFACE
SAS EMOFACE reserves the right to suspend or block the Subscriber’s access in the event that the Subscriber does not comply with these General Terms of Use, in particular in the event of :
In the same way, SAS EMOFACE reserves the right to terminate the Subscriber’s contract in case of breach by the Subscriber of the obligations hereunder not remedied within 30 days from the sending of a registered letter with acknowledgement of receipt notifying the breach in question, SAS EMOFACE may automatically terminate the contract without prejudice to any damages to which it may be entitled under the present terms.
9 CONSUMERS RIGHTS
9.1 Right of withdrawal
In accordance with Article L221-18 of the French Consumer Code, the Individual Subscriber is informed of his or her right to withdraw from the subscription without giving any reason within a period of 14 days from the date on which the Individual Subscriber, or a third party designated by him or her, concluded the subscription for the Application.
The subscriber’s right of withdrawal is exercised without penalty, without charge and without giving a reason. The individual Subscriber must notify SAS EMOFACE (SAS EMOFACE, 155 CRS BERRIAT, 38000 GRENOBLE) of his decision to withdraw from his subscription. He may submit his request online in accordance with the instructions and forms available using this form, or by mail. In the event that the individual Subscriber uses the online Returns Center, we will send an acknowledgement of receipt.
In order to comply with the withdrawal deadline, the Individual Subscriber only needs to send the withdrawal request before the 14-day period expires.
For further information on the scope, content and instructions on how to exercise the individual Subscriber’s right of withdrawal, please contact our Customer Service.
We will refund the payment we have received from the Individual Subscriber no later than 14 days from the receipt of the withdrawal request. We will use the same means of payment that the Individual Subscriber transmitted and used for his initial order, unless he expressly agrees to a different means. In any case, this refund will not cause any additional costs for the Subscriber. If the refund is made after the above-mentioned deadline, the amount due to the customer will be automatically increased.
As of the date on which the individual Subscriber has notified us of his decision to withdraw, the Application is no longer available.
9.2 Commercial solicitation
In accordance with french law No. 2014-344 of March 17, 2014 relating to consumption as well as french Decree No. 2015-556 of May 19, 2015 relating to the opposition list to telephone canvassing, SAS EMOFACE undertakes not to proceed, directly or through a third party acting on its behalf, to telephone canvassing of Users and Subscribers, registered on the opposition list to telephone canvassing BLOCTEL, except for contracts in progress of execution.
SAS EMOFACE, in the event that it would carry out operations of telephone canvassing, thus commits itself, before any campaign of canvassing, to seize the service BLOCTEL to ensure the conformity of the files of commercial canvassing with the list of opposition to the telephone canvassing.
9.3 Mediator
In accordance with the french order n°2015-1033 of August 20, 2015 and the french application decree n°2015-1382 of October 30, 2015, in case of a consumer dispute or litigation concerning the present General Terms of Use, subject to article L.152-2 of the french consumer code, between a Subscriber and SAS EMOFACE which could not be settled directly with SAS EMOFACE within the framework of a written claim, the Subscriber may resort free of charge to the mediator XX, to which the parties declare to adhere.
To submit a dispute to the mediator, the Subscriber can (i) fill in the form on the website (ii) send a request by simple or registered mail to XX, or (iii) send an email to XX.
Whatever the means used to seize the XX, the request must contain the following elements to be processed promptly:
It is already agreed that :
ARTICLE 10 – PROTECTION OF PERSONAL DATA
In accordance with the General Data Protection Regulation n° 2016/679 of 27 April 2016 the information communicated by the Subscriber is subject to computer processing by SAS EMOFACE. This processing is necessary for the proper functioning of the Application in accordance to the present General Terms of Use. The sole purpose of this processing is the provision and use of the Application by Subscribers.
When the Subscriber is an individual Subscriber, SAS EMOFACE implements processing of
personal data concerning the Subscriber and the Users. Further information information can be found at the following address [link to the personal data protection policy].
When the Subscriber is a professional Subscriber, he is responsible for the processing implemented by the Application in the context of the professional Subscriber’s professional activity.
SAS EMOFACE acts here as a third-party data processor under the terms of the General Data Protection Regulation (GDPR). In this case, the Agreement on the processing of personal data appended hereto shall apply between the Professional Subscriber and SAS EMOFACE.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements of the Application are and remain the exclusive property of SAS EMOFACE. No User or Subscriber is authorized to reproduce, exploit, redistribute or use in any way whatsoever, even partially, elements of the Application, whether software, visual or sound.
In this respect, the Subscriber or the User may not perform, or allow others to perform, the following acts :
ARTICLE 12 – GENERAL PROVISIONS
Tolerance. The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting the other Party acquired rights. Furthermore, such tolerance shall not be construed as a waiver of the rights in question.
Independance of the parties. The Parties acknowledge that they are each acting on their own behalf as independent Parties. This Agreement does not constitute a partnership, a franchise, or an agency by either Party to the other Party. Neither Party may make any commitment in the name and on behalf of the other Party. In addition, each Party shall remain solely responsible for its own acts, representations, commitments, services, products and personnel.
Invalidity. Any provision of these Terms of Use that is declared invalid or unlawful by a court of competent jurisdiction shall be ineffective, but its invalidity shall not affect the validity of the remaining provisions or the validity of these Terms of Use as a whole or in their legal effect.
Entirety. This Agreement expresses the entirety of the obligations of the Parties. No general or specific terms or obligations contained in any documents sent or delivered by the Parties shall be incorporated into this Agreement.
Domicile. For the performance of this Agreement and unless otherwise specifically provided, the Parties agree to address all correspondence to each other at their respective registered offices.
ARTICLE 13 – APPLICABLE LAW – COMPETENT COURTS
The present General Conditions of Use are subject to French law.
This is the case for the substantive rules and the rules of form, notwithstanding the places of execution of the substantial or accessory obligations.
Any complaint relating to the application of the present will have to be addressed to our customer service via contact@emoface.fr or by postal mail SAS EMOFACE 155 CRS BERRIAT, 38000 GRENOBLE, so that it can be treated as soon as possible.
In case of failure of these attempts, any dispute about the validity, the interpretation, and/or the execution of the present General Conditions of Use will have to be carried in front of the courts as it is envisaged hereafter.
13.1 Professional subscribers
FOR PROFESSIONAL SUBSCRIBERS, IN THE EVENT OF A DISPUTE THAT THE PARTIES ARE UNABLE TO SETTLE AMICABLY, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COMMERCIAL COURT OF GRENOBLE, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE.
13.2 Individuam subscribers
FOR INDIVIDUAL SUBSCRIBERS, IN THE EVENT OF A DISPUTE THAT THE PARTIES ARE UNABLE TO SETTLE AMICABLY, JURISDICTION IS EXPRESSLY ASSIGNED TO THE TERRITORIALLY AND MATERIALLY COMPETENT COURT.