General conditions of use and sale

1. Legal information and scope of application

1.1 Legal information

The iSophro application is created, developed and operated by Sabrina MATI, micro enterprise, SIRET 79202577700022, located at 72 chemin de la Source, 06130 Grasse. We can be reached by email at hello@isophro.com

1.2 Scope of application

These general terms and conditions of use and sale (the “Terms”) apply to any visitor (“you” or “the user”) of the Application.

The purpose of these Terms is to define the terms and conditions for the provision of the Application as well as its conditions of use.

Any access and/or use of the Application implies acceptance of and compliance with all of the Terms. Read the Terms carefully before using the Application. If you do not agree with any of the provisions of these Terms, do not use the Application. In order to use certain services of the Application, we may ask you to accept additional terms.

1.3 Modification

We reserve the right to revise and amend these Terms from time to time without notice, including to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements, and changes in our system capabilities. Your continued use of the Services after any such changes are made demonstrates your acceptance of such changes. If your purchase of the Services is in progress, we will notify you in advance of any changes to these terms and you will have the option to cancel your subscription to our Services, without penalty, before the changed terms take effect.

2. System Requirements

The use of the application and its services requires a broadband Internet connection or mobile Internet service (4G, Wifi). These connections are not provided by iSophro, so the user must first subscribe individually to a broadband Internet connection and/or a mobile Internet offer in order to use the application and its services. A fourth generation (4G) mobile internet connection is strongly recommended.

As a user, you can activate the service from a compatible mobile device. The service is accessible for five connections at a time (number of child profiles can be set). To take advantage of the application and its services, your device must meet certain system requirements. These requirements can be found on the app stores.

3. Access and use

3.1 Creating an account

In order to access the services of the Application and subscribe to the corresponding subscriptions (as described below), you must first create an account according to the indications that will be requested on the Application. In particular, the mandatory information required for your registration to be taken into account is a valid e-mail address and a password. To validate the registration, you can also use a personal Facebook or Google account that you already have by clicking on the tab allowing you to validate, after having accepted these Terms.

On subsequent visits, you will be able to access the Services by entering your email address and password as registered at the time of registration.

If you forget your password, you can reset it on the Application.

Each user can create only one account and then has the possibility to create up to five child profiles.

3.2 Username and password

The username and password you chose when you created your account are personal and confidential.

You agree to keep your username and password secret and not to disclose them. The conservation, the use and the transmission of your identifier and your password are carried out under your whole and single responsibility. In particular, you are warned of the inherent insecurity of using the function of automatic memorization of connection data that your computer system may allow, and declare that you assume full responsibility for the use and possible consequences of such a function.

Any use of your login and password will be presumed to have been made or duly authorized by you.

Accordingly, we shall not be liable for any adverse consequences resulting from the unlawful, fraudulent or improper use of your user ID and password and access to the Application by any third party not expressly authorized by you.

In case of theft or misappropriation of your login and password, you must immediately notify us by email at hello@isophro.com.

In case of impossibility of connection with your login and password, you must also notify us immediately by email.

3.3. Services

Once your account is created, you become a member of the Application, which gives you access to certain sections, features and functions of the chosen subscription. You may also agree to receive emails relating to occasional special offers, marketing communications, communications relating to your user lifecycle and messages of a technical or quality of service nature from our platform. You can easily unsubscribe from these emails by following the unsubscribe instructions. Memberships and subscriptions to our Services are not transferable and therefore cannot be sold or traded or transferred in any way. The services you can access as a member include the following:

a) “free” membership

The Application offers limited free content to any user who has previously created an account.

b) “iSoMini” subscription

Any member can access a paid subscription service called “iSoMini” giving him/her access to limited content intended for children aged 0 to 7. You can subscribe to this service directly in the Application via the App Store or Google Play Store.

The iSophro Application offers the iSoMini subscription as a monthly subscription, renewable by tacit agreement for an identical duration unless terminated in accordance with the terms of the present Conditions,

c) “iSoMaxi” subscription

Any member can access a paid subscription service called “iSoMaxi” giving him/her access to all the content intended for children aged 0 to 18. You can subscribe to this service directly in the Application via the App Store or Google Play Store.

The iSophro Application proposes two types of iSoMaxi subscription:

• a monthly subscription, renewable by tacit agreement for an identical duration unless terminated in accordance with the terms of the present Conditions,
• an annual subscription, renewable by tacit agreement for an identical duration unless cancelled in accordance with the terms of the present Conditions, payable in one payment when subscribing to the subscription

For the purposes of our monthly and annual subscriptions, a month consists of 30 calendar days and a year consists of 365 days.

3.4 Warranties

By creating an account on the Application and using the Services, you certify, warrant and covenant that:

your information is accurate and that you are not using the personal information of others without authorization,

you are legally capable of entering into legal obligations;

you are at least 13 years old and if under the age of 18 (or the age of majority under the law applicable to you), you are creating your account and engaging in activities under the direction, supervision and consent of your legal representatives; your personal information will be updated as necessary.

4. Payment

4.1. Means of payment

On cell phones or tablets under IOS, the proposed payment method is Apple’s iTunes. For Android phones or tablets, the payment method offered is Play Store. 

4.2 Payment methods

Monthly subscription: monthly subscriptions are payable by monthly recurring direct debit on the chosen payment method. The first payment will be done in advance when subscribing to the subscription and then each month, by automatic debit on the provided payment method until termination of the subscription, whether the termination is at his initiative or at iSophro’s initiative.

Annual subscription: Annual subscriptions are payable by automatic recurring annual debit on the chosen payment method. The first payment will be made in advance when the subscription is taken out and then at each anniversary date of the subscription, by automatic debit on the payment method provided until the subscription is cancelled, whether the cancellation is at the customer’s initiative or at iSophro’s initiative

No partial refund (corresponding to a part of the period) will be accepted in case of unilateral termination without reason during the period.

4.3. Direct debit authorization

You authorize the concerned payment provider to debit the same payment method used for the initial subscription during the applicable subscription renewals. In case of tacit renewal, the rate then in effect at the date of renewal for the subscription concerned will be fully applicable. 

5. Complaints, cancellation and right of withdrawal

5.1. Complaints

You can send your complaints by email to the address: hello@isophro.com.

5.2. Cancellation by you

You can cancel your monthly or annual subscription at any time by accessing the settings of your account on the Application by respecting a notice period of at least 48 (forty-eight) hours before the current expiration date. The termination will be effective at the end of the current monthly or annual period.

5.3. Termination by Us

We may suspend or terminate, without notice or recourse to the Courts, your use of our services as a result of fraud or breach of any obligation under these Terms, including, without limitation, failure to collect your subscription fee when due. Unauthorized copying or downloading of our audio or video content from the Application or any violation of the limited license we grant to you as part of your access to our services will result in termination.

5.4. Right of Withdrawal

For iOS subscribers, the iTunes terms and conditions prevail http://www.apple.com/legal/internet-services/itunes/fr/terms.html

For Android users who have subscribed via Googe Play Store: In accordance with Article L 121-21 of the French Consumer Code, the User is informed that he/she has a period of fourteen clear days from the date of subscription to the Services to exercise his/her right of withdrawal, without penalty and without reason, by sending his/her request to the following address: hello@isophro.com. 

The refund will be made by the same means of payment as the one used by the user for the initial transaction.

6. Intellectual property and licence to use

6.1. Intellectual property

The whole of the Application and its services including its structure, tree structure, graphics, object or source codes as well as its content (notably texts, graphics, images, photographs, videos, information, logos, button icons, software, audio and other files, databases) is the property of iSophro or of their respective owners and is protected by intellectual property, notably by copyright and trademark law. 

Any breach of the foregoing is likely to engage your responsibility, without prejudice to our right to unilaterally terminate your subscription in accordance with the terms of article 5.3. above.

6.2. Licence to use

Subject to compliance with these Terms, and depending on the subscriptions taken out, we authorise you to access and use the Application exclusively for personal use. The license granted to you is strictly personal, non-exclusive, limited and revocable in case of non-compliance with these Terms. We draw your attention in particular to the fact that no transfer of intellectual property rights can be inferred from your use of the Application.

Any professional or commercial use of the Application and the services is strictly prohibited. Audio or video content accessible from the Application not explicitly indicated as downloadable may not be downloaded or copied by you.

With the exceptions specified below, you are strictly prohibited from doing or assisting a third party to do any or all of the following:

Copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Application, including its services and content in any way, or create derivative works therefrom;

Use all or any part of the Application, the services or their content to create a tool or software that can be used to create software applications of any kind;

Make all or part of the Application, the services or their content available to the public in any way whatsoever (transfer, rental, loan, distribution, reproduction, etc.), whether free of charge or against payment;

tamper with all or part of the Application, the services or their content or circumvent any technology used by iSophro

circumvent the security measures of the Application and access any unauthorised portion or feature of the Site and the services;

Use the services in a manner that violates this license agreement or the other Terms,

As an exception to the above, a limited amount of content will be allowed (and specified as such, if applicable for a limited time) to be shared by the user on his/her personal social networks (Facebook, Twitter, etc.) and personal websites and pages (hereinafter the “Distribution Content”), iSophro grants a limited right to upload, reproduce and distribute the Distribution Content on the Internet solely for the purpose of sharing and/or commenting on your personal social networks, websites and/or pages, and subject to the following cumulative conditions (i) the Distribution Content may not be modified in any way, subject to technical modifications necessary for its display and distribution through your computer systems and on the Internet (for example, a change in video format or file size) that do not alter the substance or quality of the Distribution Content, (ii) the Distribution Content may not be shared outside of the time period that may be indicated on the Site, (iii) the terms of sharing of the Distribution Content must comply with any additional terms that may be indicated on the Site on a case-by-case basis, (iv) the Distribution Content must not be shared with any other content that you know to be false, inaccurate or misleading or that is, or encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable. This Distribution Content may contain gifs or cookies that allow us to collect information about the distribution and consumption of such content. For more information, please see our Privacy Policy.

7. Violation of the integrity, security and operation of the Application

You agree not to upload, post, email, transmit or otherwise introduce onto our platform any material or files that contain computer viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly connected with our services or our services themselves. You agree not to interfere with servers or networks underlying or connected to the Application or other services or to violate the procedures, policies or regulations of networks connected to our Application.

You may not probe, scan or test the vulnerability of the Application, breach the security or authentication measures of the Application, or otherwise seek to trace or retrieve any information about any other user or visitor or member of the Application.

You may not interfere or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing our services.

You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the iSophro Application systems or networks, or that is likely to interfere with its proper functioning.

You shall not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Application, and you shall not attempt in any way to reproduce or circumvent the navigational structure or presentation of the Application, or any of its content, or to obtain or attempt to obtain any materials, documents or information through any means not otherwise available to you.

You are further prohibited from accessing or attempting to access any iSophro server by hacking, password mining, or other illegitimate means.

8. Availability of services

While we strive to provide you with the best possible service, we do not promise that the services will always be available and meet your needs, expectations and requirements; we cannot guarantee that the services will be faultless. If an error occurs in the Services, please notify us at hello@isophro.com and we will attempt to correct the error within a reasonable time. If the need arises, we may suspend access to the Services while we try to resolve the problem. We will not be liable to you if the services are unavailable for a limited period of time.

In addition, your access to the Services may be restricted from time to time to allow for repairs, maintenance or the installation of new facilities or services. We will try to restore the services as soon as reasonably possible. 

The content of the catalogue is subject to change. We reserve the right to delete, without notice or recourse from you, any of our sessions or programmes in our catalogue.

9. Limitation of liability

We use all reasonable means to ensure quality access to the Application and the security of the data you transmit to us, but we assume no obligation of result in this respect.

We do not guarantee the continuous operation of the Application, which may be interrupted temporarily for maintenance purposes.

We cannot be held responsible for any other malfunction or failure of the network or servers or any other technical malfunction beyond our reasonable control that would prevent or impair access to all or part of the Application, as well as in the event of force majeure as defined by the applicable regulations.

We draw your attention in particular to the limitations and constraints of the Internet and the impossibility of guaranteeing the total security of data exchanges. It is your responsibility to take all necessary measures to protect yourself against unauthorised intrusion into your information system.

Furthermore, you are informed that the quality of the functioning of the Application and in particular the response times may vary according to the personal parameters of your connection station and your Internet access service. We do not assume any responsibility in this respect.

Consequently, we shall not be held liable, directly or indirectly, for any malfunctioning of the Application, including any loss of data saved on your account, caused by one or more of the technical characteristics inherent in the Internet network, or in the computer hardware or software used by you, for any reason whatsoever.

Similarly, we shall not be held responsible for any malfunction of the Application, including any loss of data saved on your account, if such malfunction is the result of your misuse of the Application or the inadequacy of the computer hardware and software you use in relation to the technical specifications referred to above.

The information made available on the Application is for information purposes only and does not constitute advice or a recommendation of any kind.

Consequently, the use of the information and content available on all or part of the Application shall not incur our liability in any way whatsoever.

To the extent permitted by applicable law, in no event, including but not limited to negligence, shall iSophro be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of, or in connection with, directly or indirectly, the use of or inability to use the services or the content, materials and functions associated with the services, your provision of information through the services, or loss of business or loss of sales, or errors, viruses, even if such Protected Entity has been advised of the possibility of such damages. In no event shall Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person through the Services. In no event shall the Protected Entities’ aggregate liability to you for all damages, losses and consequential events and actions (whether in contract or tort, including, but not limited to, negligence or otherwise) arising out of these Terms or your use of the Services exceed, in the aggregate, the lesser of: (i) the amount, if any, paid by you to iSophro for your use of the services in the preceding 12 months or (ii) the sum of 100 (one hundred) Euros.

Nothing in this clause shall limit the liability of iSophro or the protected entities in case of fraud, gross negligence or personal injury.

10. Medical warning

iSophro is a provider of mobile subscriptions to access content related to sophrology, health and well-being. We are not a medical device, we do not provide medical advice. Although there is established third party evidence that sophrology can help in the prevention and recovery process for a wide range of illnesses, as well as in the management of a number of performance and relationship problems, iSophro does not represent or warrant that this will be the case when using our services. All users with serious medical or psychological problems or requiring medical advice should consult their doctor.

All information and links from our health-related services, whether provided by iSophro or by contracted outside providers, are provided solely for your information and convenience.

Any advice or other material available on our services is intended for general information purposes only. It is not intended to serve as a reference and substitute for professional medical advice based on your personal situation. The advice and other materials on the site are intended to assist the relationship between you and your health care providers but not to replace it. We cannot be held responsible for any action taken as a result of or after reading or hearing our advice and content or after using our services. In particular, to the extent permitted by law, we make no warranty as to the accuracy, completeness or suitability (for any purpose) of any advice and information published as part of our services.

11. Personal data

The personal data thus collected on the Application are processed in accordance with the amended law of 2 August 2002 on the protection of persons with regard to the processing of personal data. You have the right to access and rectify your personal data, provided that you have a legitimate interest, and you may, provided that you can justify overriding and legitimate reasons, oppose their processing by contacting hello@isophro.com

iSophro reserves the right, in the event that the member is responsible for an infringement of current legislation or an infringement of the rights of third parties, to provide, at the request of any legitimate authority (court, administrative authority, police services), any information allowing or facilitating the identification of the offending member.

For more information, please consult our “Privacy Policy” which is available online and forms an integral part of these Terms.

12. General provisions

12.1. Assignment

iSophro may transfer its rights and obligations under these Terms to any company, firm or person at any time provided that it does not materially affect your rights hereunder. You may not transfer your rights or obligations under these Terms to anyone else, except with the prior written consent of iSophro.

12.2 Warranty and indemnity

You agree to defend, indemnify and hold iSophro and its directors, officers, members, investors, officers, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, that arise in any way from your use of the services, your posting or transmitting any messages, content, information, software or other communications through our services, or your violation of the law or these terms. iSophro reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that event, you agree to cooperate with iSophro’s defense of any such claim.

12.3. No Waiver

If we delay in exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that or any other right under these Terms.

12.4. Force Majeure

We shall not be liable to you for any lack of performance, unavailability or failure of the Services, or for any failure or delay on our part to comply with these Terms, where such lack of performance, unavailability or failure is due to a cause beyond our reasonable control.

12.5. Interpretation

In these Conditions, unless the context otherwise requires: 

(i) a phrase introduced by the words “including”, “includes”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any of the foregoing words; and 

(ii) references to the singular shall include the plural and the masculine gender shall include the feminine gender, and in each case vice versa.

12.6. Written communications

Applicable law requires that some of the information or communications we send to you be in writing. When you use the Application and its services, you agree that communications with us will be primarily electronic. We will contact you by e-mail. You agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically have the same force and effect as communications made in writing.

12.7. Proof / Archiving of evidence

Computer data generated as a result of access to and/or use of the Application (including, without limitation, programs, connection data, files, records, transactions and other computer or electronic data) (the “Data”) may be stored and archived, to the extent permitted by law, by us within our computer system, in such a way as to ensure its integrity.

The Data is authentic between you and us, and will be considered as evidence of the communications between you and us.

The Data constitutes literal proof within the meaning of Article 1341 of the Civil Code and has the same evidential value as a document that would be established, received or kept in writing on paper.

Consequently, the Data may be validly produced as evidence and used against you in the context of any claim or legal action with the same probative force as any document that would be established, received or kept in writing on paper, which you expressly acknowledge.

We undertake not to challenge the admissibility, enforceability or evidential value of the Data by reason of its electronic nature. You undertake to do the same.

You may have access to all the Data upon request by e-mail.

12.8. Severability

If a court or competent authority decides that any provision of these Terms is invalid, illegal or unenforceable to any extent, the provision shall, to that extent only, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.

12.9 Entire Agreement

These Terms, together with any supplementary terms and conditions and any other documents expressly referred to in these Terms, represent the entire agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of these Terms. We acknowledge that neither of us relies on any representation or warranty (whether made inadvertently or negligently) that is not contained in these terms or the documents to which they refer. Nothing in this section limits or excludes liability for fraud or theft.

12.10. Applicable Law

These Conditions are governed by French law.

Subject to applicable mandatory legal provisions, the French courts will have exclusive jurisdiction to hear any dispute related to the interpretation, application and execution of these Terms, as well as any dispute related to the use of the iSophro Application.