TERMS OF SERVICE
We welcome you to Deep Belief ✨👌!
The company Hello Happy Days SAS (hereinafter "Hello Happy Days" or " Deep Belief" or "we") provides you with its website at the address www.deep-belief .com (hereinafter the “Site”), its applications (hereinafter the “Applications”), its relaxation and personal development services accessible via the Site and the Applications (hereinafter, together, the “Services”) ), as well as products and programs that can be purchased through the Services (hereinafter the “Products”). We urge you to carefully read these Terms of Use for Deep Belief Services (the “Terms of Use”) as they govern your purchase and use of the Services and Products. These Terms of Use are applicable to users located within France, Switzerland, Belgium and the United Kingdom. For Hello Happy Days' contact details and any other information about it as a business, please refer to the "Contact Us" section on the last page of these Terms of Use.
Scope of the Terms of Use
These Terms of Use apply to your use of the Application and all other Products and Services, including any content made available on them. Any additional or different terms you agree to in relation to some of our Services or Products will form part of your agreement with us. The legal relationship between Hello Happy Days and the user regarding the use of the Services and Products is subject exclusively to these Terms of Use and any additional conditions. In the event of any conflict between these Terms of Use and any additional terms, the latter shall prevail. Any terms inconsistent with all of these Terms, whether provided by you or any other user, shall not apply, even if we do not dispute them. If you do not wish to be bound by these Terms of Service, you may not use the Services or the Products.
Data Protection Policy
Please see our https://www.deep-belief.com/privacy for information on how we collect, use and disclose data about you.
Changes to the Terms of Use
We may modify the Terms of Use at any time for valid reasons such as, for example, taking into account changes to our Services or our commercial conditions (for example, in the event of the addition of new functionalities or new benefits to the Services, or in the event of the removal of certain features of certain Services) or for legal, regulatory or security reasons. These changes will only be valid for the future. We will notify you in advance of any such changes, such as by email or through the Services, and by posting the amended Terms of Service on the Site by updating the "last updated date" above. . If we make any changes to these Terms of Service, those changes will apply prospectively and, unless otherwise specified in our notice, the modified Terms of Service will be effective immediately. It is important that you read the Terms of Service each time we modify them because if you continue to use the Services or Products after we have notified you of these modifications or asked you to accept them in any other way, you tell us that you agree to be bound by the terms of the amended Terms of Service.
Modification and discontinuation of our Services and Products
Subject to the terms of this section, we may modify or discontinue all or part of the Services or Products at any time. It is indeed specified that the terms of these Conditions of Use remain without effect on the rights and remedies of public order which you may avail yourself of pursuant to the legislation in force in your country. We are not responsible for any loss or damage related to your inability to access or use our Services and Products.
Who can use the Services or Products?
Eligibility
You may use the Services or Products only if you are at least 16 years old and if applicable law does not prohibit you from doing so. If you are under the age of 18 (or less than the legal age of majority in the country in which you reside), you may use our Services or Products only under the supervision of a parent or guardian. legal entity that agrees to be bound by these Terms of Use. Any parent or legal guardian of a user under the age of 18 (or less than the age of majority as provided by law) who has read these Terms of Use in accordance with the preceding sentence, agrees to assume the full responsibility for the acts or omissions committed by the user concerned within the framework of our Services and our Products. If you are using our Services or Products in the name and on behalf of any other person or entity (a) all references to "you" in these Terms of Use shall include that person or entity, (b) you represent that you are authorized to enter into these Terms of Use in the name and on behalf of such person or entity, and (c) if you or such person or entity breach the terms of these Terms of Use, you and the person concerned acknowledges being jointly and severally responsible for this breach. To make a purchase through the Services (as discussed in the article below entitled "Achats "), you must be at least 18 years old and able to form a binding contract. Certain Services may not be available in certain countries, and we reserve the right to impose additional eligibility requirements, which will be disclosed before you accept such obligations.
Subscription pricing
Deep Belief offers certain enhanced features of the Services which you can access (a) by purchasing a 6 month, or annual subscription. When you take out a Subscription (hereinafter, a "Transaction"), we may ask you to provide additional information necessary for your Transaction such as the number and expiry date of your credit card as well as the billing address(es) (hereinafter, together, the “Payment Information”). You represent and warrant that you are legally authorized to use all payment methods indicated in the Payment Information. The amounts for which you are liable for a Transaction carried out through the Services will be communicated to you before placing your order. If you elect to complete a Transaction through the Services, you authorize us to disclose your Payment Information to third party service providers to enable us to complete your Transaction and (x) you agree to pay all amounts applicable and any taxes indicated at the time of purchase; (y) you acknowledge that Deep Belief shall be entitled to debit your credit card or any third-party payment processing account, including, without limitation, your account opened with the application store or the distribution (such as the Apple App Store, Google Play) on which the Application is offered (hereinafter, individually, an “Application Provider”); and (z) you agree to bear any additional fees that your Application Provider, bank or other financial service provider may impose on you. You will receive a confirmation email once we have confirmed payment for your order. Your order is only opposable to Deep Belief after acceptance and confirmation by Deep Belief. Payments made are not refundable or transferable except as expressly stated in these Terms of Use. If you experience any difficulty or have any objections to these charges, please let us know first and do not reverse or decline any credit card or third-party payment processing charges without making reasonable attempts to resolve the issue directly with Deep Belief. Deep Belief reserves the right not to process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances. other circumstances that Deep Belief deems appropriate, in its sole discretion. Deep Belief also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order in accordance with the obligations under applicable data protection legislation. You may be asked to provide additional information to verify your identity before completing your Transaction (this information forms part of the definition of “Payment Information”). Deep Belief will not charge or refund you for orders it has canceled or failed to fulfill. When you access our Services as part of an Enterprise Subscription purchased by your company, you agree to follow the instructions provided by your company in accordance with the terms of the agreement it has entered into with Deep Belief. In this case, these Terms of Use will also constitute a direct contract between you and Deep Belief.
Automatic renewal of your Individual Subscription until you cancel it and how to cancel your Individual Subscription
The timing of your payment and the automatic renewal of your Individual Subscription will depend on the term of your Individual Subscription and are subject to the cancellation rights set out in these Terms of Use. For Lifetime Individual Subscriptions, all amounts are payable and invoiced at the time you place your order. They are renewed automatically for an additional subscription period of a duration equal to that of the subscription which expires and this, until you cancel your subscription, all amounts are payable (a) at the beginning of the subscription period and (b) at each renewal until you cancel your subscription, using the Payment Information you have provided. You must cancel your 6-month or annual Individual Subscription prior to its renewal in order to avoid invoicing charges for the following Individual Subscription period. If you purchase your Individual Subscription through an Application Provider, you may cancel your Individual Subscription renewal at any time with the Application Provider. When you make a purchase through an Application Provider, that provider's terms of sale will apply to the purchases made and these Terms of Use will apply to your use of the Services. If you purchased a subscription using a promotional code, discount code or any other type of discount, your subscription will automatically renew at the current rate at the end of the period during which you benefited from a reduced rate. , unless another promotional offer applies to you. Unless expressly stated in these Terms of Use, the amounts you have already paid under your current Individual Subscription will not be refunded to you and you will continue to benefit from the Services until the end of the Subscription period. Individual in progress. Apple handles all billing related to in-app purchases made on devices running iOS. Customers who subscribed to Deep Belief through iTunes will need to contact Apple directly with any refund requests. They are generally able to honor all refund requests within thirty (30) days of the date of the original purchase (at their sole discretion). For further information, please contact Apple directly.
Free trial periods
Your Subscription may begin with a free trial period (hereinafter a “Free Trial Period”). If we offer you a Free Trial Period, the specific terms of that trial will be stated in the marketing materials describing that particular trial or at the time of your registration. Free Trial Periods are intended for new and returning customers only. Deep Belief reserves the right, in its sole discretion, to determine whether you qualify for a Free Trial Period and to modify or cancel, at any time, the conditions applicable to its Free Trial Periods. Free Trial (for future and new Free Trial Periods only). AT THE END OF YOUR FREE TRIAL PERIOD, WE (OR OUR THIRD PARTY PAYMENT PROVIDER) WILL START CHARGES TO YOUR DESIGNATED PAYMENT MEANS PERIODICALLY AS PART OF YOUR SUBSCRIPTION (TO WHICH ANY APPLICABLE TAXES AND OTHER FEES SHOWN AT TIME OF PURCHASE) FOR THE TERM OF YOUR SUBSCRIPTION, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR FREE TRIAL PERIOD. If you have joined a Free Trial Period through an Application Provider, you may cancel your Individual Subscription renewal at any time with the Application Provider. Your Free Trial Period does not in any way limit the rights which you may exercise within the scope of your statutory right of withdrawal.
Right to retract
If you take out an Individual Subscription, you have the right to withdraw, without any reason, within fourteen (14) days from the date on which you subscribed to the Services concerned (hereinafter the "Withdrawal Period "). If you subscribe to a Free Trial Period, the Withdrawal Period ends fourteen (14) days after the start of the Free Trial Period. If you purchase an Individual Subscription without a Free Trial Period, the Withdrawal Period is fourteen (14) days from your purchase. If you wish to exercise this right of withdrawal, you must inform us of your decision to withdraw by sending us an express written request to the email address [email protected]. This communication must be sent before the end of the Withdrawal Period. You can use the standard cancellation form provided below, which is not mandatory. If you exercise your right of withdrawal, we will refund all amounts you have paid to us within fourteen (14) days from the date on which we receive notification of your withdrawal, it being understood, however, that the amount of the reimbursement may be reduced by an amount calculated on a pro rata basis corresponding to the part of the Services already provided at the time when you notify us of the exercise of your right of withdrawal. We will process this refund using the same means of payment that you used to make the original transaction, unless expressly agreed otherwise with you. In addition, you will not be charged any fees as part of this reimbursement.
Withdrawal form
(If you wish to withdraw, please complete and return the form below in paper mail format):
For the attention of the company Hello Happy Days SAS at 137 rue d'Aboukir, 75002 Paris, [email protected]:
I/we, the undersigned (*) wish to exercise my/our right of withdrawal (*), hereby, in connection with the purchase of the products (*)/the supply of the services (*) below:
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s)
Date
(*) Delete/cross out unnecessary mentions.
Changes to the pricing conditions for Individual Subscriptions and Products
Deep Belief may make price adjustments applicable to ongoing contracts/Services based on these Terms of Use, at its sole discretion, in accordance with the evolution of costs that are essential for the calculation of prices. Any price increase or decrease will be applicable to any new Subscription renewal period. If you disagree with the price, you can terminate your Subscription before the start of the new renewal period. A price increase or decrease will be considered, for example, in the event of an increase or decrease in the purchase price of hardware, software and energy, the use of communication networks or labor or in the event of other changes in the economic or legal framework giving rise to a change in the tariff situation. Deep Belief undertakes to inform you of any price changes in writing with a minimum notice of thirty (30) days before the changes take effect. The prices of new contracts related to the Services and the prices of the Products may be modified at any time at the sole discretion of Deep Belief.
Featuresfuture
You acknowledge that you are not making a purchase subject to the provision of any subsequently created functionality, content or features, or any public statements, oral or written, made by Hello Happy days regarding any future functionality or features.
Content and Content Rights
For the purposes of these Terms of Use, the term "Content" means all textual or graphic elements, images, photographs, music, software, sound elements, videos, works of the mind of any kind whatsoever, and all information or other materials posted, generated, provided or otherwise made available through the Services and Products.
Proprietary Rights to Content
Except for the license you grant below, Deep Belief does not claim any ownership rights in any User Content, and the terms of these Terms of Use shall not be deemed to limit any mandatory rights of use and exploitation of your User Content that you may have. Subject to the foregoing, all right and title to the
Services, Products and Content belong exclusively to Deep Belief and its licensors, including all proprietary rights
intellectual associated with it. You acknowledge that the Services, Products and Content are protected by copyright, trademark law and any other law in force in France or abroad. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary right notice accompanying or appearing on the Services, Products or Content.
Content Rights Granted by Deep Belief
Subject to these Terms of Use, Deep Belief grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content only in as part of your authorized use of the Services and Products and exclusively for personal and non-commercial purposes. Any use of the Services and Products other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will constitute a violation of our intellectual property rights.
Application Rights and Conditions
Application rights granted by Hello Happy Days
Subject to your compliance with these Terms of Use, Hello Happy Days grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of Application on a mobile device or computer in your possession or under your control, and to use such copy of the Application solely for personal, non-commercial purposes. Deep Belief reserves all rights in the Application not expressly granted to you under these Terms of Use. You may not copy the Application except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (a) copy or modify the Application, or create derivative works from it; (b) distribute, transfer, sublicense, rent or lend the Application to any third party; (c) reverse engineer, decompile or disassemble the Application, except to the limited extent expressly permitted by law (if applicable); or (d) make the functionality of the Application available to multiple users by any means.
Additional Terms for Applications Acquired from the App Store
If you accessed or downloaded the Application from the Apple Store, you agree to use the Application only: (a) on an Apple-branded product or device running iOS (the system owned by Apple); and (b) as permitted by the “Rules of Use” found in the Apple Store Terms of Service. If you have accessed or downloaded the Application from an Application Provider, you acknowledge and agree that: these Terms of Use are between you and Deep Belief, not the Application Provider , and that, as between Deep Belief and the Application Provider, Deep Belief is solely responsible for the Application. The Application Provider is not obligated to provide support and technical assistance services relating to the Application.
In the event that the Application fails to comply with any applicable warranty, you may notify the Application Provider who will refund the purchase price of the Application (if applicable) to you and, to the fullest extent permitted by applicable law, the Application Provider shall have no further warranty obligations with respect to the Application. Deep Belief shall be solely responsible for any other claims, losses, liabilities, costs or expenses attributable to any failure of an Application to conform to any warranty. It is not the responsibility of the Application Provider to respond to any claim you may have or any claim brought by a third party relating to the Application or your possession and use of it, including, without limitation (i) any action for product liability, (ii) any action for non-compliance of the Application with any applicable legal or regulatory obligation, or (iii) any action based on consumer protection legislation or any similar law.
In the event of any claim or legal action brought by a third party that the Application or your possession and use of the Application infringes its intellectual property rights, Deep Belief will be solely responsible for investigating, defending , settlement and outcome of any such intellectual property infringement action to the extent required by these Terms of Service.
Application Provider and its affiliates are third-party beneficiaries of these Terms of Use with respect to your license to use the Application and that upon your acceptance of these Terms of Use, Application Provider will be be entitled (and shall be deemed to have accepted the right) to enforce the terms of these Terms of Use against you with respect to your license to use the Application as a third party beneficiary hereof. You must also comply with all applicable terms and conditions of any third party when using the Application.
Prohibitions Regarding User Content and Your Actions.
You acknowledge that you are solely responsible for your actions and User Content while using our Services and Products, and you agree not to engage in any of the following activities:
- Publish, upload, create, upload, store, send, transmit or otherwise communicate any User Content: (a) of a confidential nature and for which you do not have all the rights required to disclose or grant us the user license referred to above; (b) likely to infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral right or other intellectual property right belonging to a third party, or any image or privacy; (c) who violates, or encourages any act that would violate, these Terms of Use or any rights belonging to any third party, who would incur any liability in any other way, who would violate any local, state, national or international law or regulation in force or which would have the effect of incurring any civil or criminal liability; (d) false or fraudulent or misleading; (e) impersonates or misrepresents your connection to any person or entity, or contains or describes any statements, remarks or assertions that do not reflect your opinions and experiences of an irreproachable nature; (f) defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, unseemly, suggestive, abusive or provocative; (g) promotes discrimination, intolerance, racism, hatred, harassment or violence against any individual or group; (h) of a violent or threatening nature or encouraging any act of violence or any threatening behavior towards any natural or legal person; (i) promotes any illegal or harmful activity or substance; (j) contains any unsolicited or unauthorized advertisements, campaign communications, advertisements or inquiries; (k) contains any virus, corrupted data or other harmful, disruptive or destructive file or content; or (l) which we reasonably believe is objectionable, restricts or interferes with any third party's use or enjoyment of our Services and Products, or is likely to expose Deep Belief or any other person asset
damage or liability of any kind;
- Copy, reproduce, distribute, use, broadcast or publicly represent, duplicate or display the Services or the Products, or any individual element appearing in the Services or the Products, the name of Deep Belief, any mark, logo or other reserved information belonging to Deep Belief, or the layout and design of any page or form on a page, without the express written permission of Deep Belief or its licensors;
- Modify our Services or our Products, remove any mention or indication of reserved rights, or in any other way make derivative works from our Services or our Products;
- Use our Services or our Products for any purpose other than that for which they are intended and in any way not authorized by these Terms of Use, which violates these Terms of Use or any law, regulation, contract, right of intellectual property or other right belonging to a third party in force, or which could disrupt, hinder or have negative effects on our Products or Services, which would be likely to prevent other users from fully enjoying our Services or Products, or which may interfere with, block, slow down or impede the operation of our Services or Products in any way;
- Develop or use any application that interacts with our Services or Products without our prior written permission;
- Avoid, defeat, ignore, remove, disable, hinder, decrypt or otherwise circumvent any technological measure put in place by Deep Belief or any of its service providers or any third party (including another user) in order to protect the Services or Products;
- Attempt to scrape or extract data from our Services or Products or download Content from the Services or Products using any engine, software, tool, agent, device or system ( in particular, spiders, robots, crawlers, data mining tools or other similar tools) other than the software and/or research tools provided by Deep Belief or another publicly available third-party Internet browser, in order to avoid the measures put in place to circumvent, prevent or limit access to any or all of our Services or Products, including instructions in any robots.txt file we provide that controls automated access to
parts of our Services;
- Attempt to decode, decompile, disassemble or reverse engineer any of the software used to provide the Services or Products, except to the limited extent expressly permitted by applicable law (if applicable), or to carry out any other operation which could allow access to the source code;
- Interfere or attempt to interfere with the access of any user, host or network, including, in particular, by sending a virus, by creating an overload or saturation, by sending unsolicited messages or by carrying out a mass sending of emails (mail-bombing) on the Services or the Products;
- Collect or store any personal data from the Services or the Products from other users of the Services or the Products without their express consent;
- Engage in any harassment or intimidation, utter threats, adopt any predatory behavior or engage in any form of stalking;
- Use or attempt to use another user's account without their or Deep Belief's consent; Or
- Encourage any other person to engage in any of the acts referred to above or give them the opportunity to do so. We have the right (but are not obligated) to monitor access to or use of the Services, Products or Content or to review or modify any Content at any time, with or without notice, in order to to enforce these Terms of Use and to comply with applicable law or other legal requirements. We reserve the right (but are not obligated) to enforce this section by removing any Content or blocking access to such Content at any time without notice if we reasonably believe that any Content is abusive or violates these Terms of Use. Failure to enforce this section in some cases does not waive our right to enforce it in other cases. We have the right to investigate any breach of these Terms of Use or any behavior or actions that are harmful to the Services or the Products. We may also seize and cooperate with law enforcement authorities to prosecute users who violate the law. Further, this section does not create any right of action by any third party or imply that the Services or Products do not contain any Content prohibited by these rules.
Third party content
The Services or Products may contain information about, as well as links to, third party products, services, websites, resources, activities or events. We may also allow third parties to make their content and information available on or through the Services or Products (together, “Third Party Content”). We provide Third Party Content for informational purposes only and do not control or endorse any Third Party Content. You acknowledge that it is up to you to decide whether you wish to access Third Party Content.
Limited warranty
The Services are provided with a commercially reasonable level of care and skill. Except as set forth in these Terms of Use, Deep Belief makes no representations about the reliability of the Services or that the Services may meet your needs, and excludes all other warranties.
Medical Disclaimer
By using our Services, Products and Content, you acknowledge that:
- the Services, Products and Content that Deep Belief offers you are provided for your information only, and are not intended for, or designed to, diagnose, prevent or treat a medical problem or disease, to assess your state of health or to substitute for medical advice or medical care provided by professionals;
- Deep Belief is not a licensed healthcare provider or professional and has no business or expertise in the area of diagnosis, examination or treatment of medical problems or conditions, or in the area of prescribing medications or treatments or the assessment of the effect of a specific treatment on a medical problem or condition;
- Deep Belief does not provide emergency services and cannot contact you or anyone else on your behalf regarding your medical condition or any treatment you are undergoing;
- Deep Belief is not responsible for the effectiveness or proper use of any Content you receive via, or which is generated by, the Services or the Products;
- You must consult a doctor if you need medical advice; And
- You should never ignore medical advice from a healthcare professional or delay seeking it because you have read or received something through the Services or Products. Not all activities described as part of the Services or Products are suitable for everyone. Do not use the Services or Products while driving, handling heavy equipment, or performing other tasks that require attention and concentration. You agree to use the Services and Products responsibly.
Litigation
Applicable right
These Terms of Service and your access to our Services and your use of our Services are governed by the laws of your country of
residence and interpreted and enforced in accordance with such laws.
Contact us
If you have any questions about these Terms of Use or the Services or Products, you may write to Deep Belief at
email [email protected] or write by mail to Deep Belief at 137 rue d'Aboukir. The host of the Deep Belief website is the
Wix company.