Legal Notice

Publisher:

The website and the application allowing the use of the services offered by Neural Up are published by iCare Sciences, SAS with a capital of €1,000, registered with the Trade and Companies Register of Marseille under number 835 305 236 having its registered office company located at 6, rue Pontévès 13003 Marseille, represented by Mr. Chris HAYOT, in his capacity as Chairman.

 

Host :

The website is hosted by OVH (2 rue Kellermann — 59100 Roubaix — France).

Director of publication: Mr. Chris HAYOT

 

Preamble :

NEURAL UP IS AN ONLINE SERVICE PUBLISHED BY ICARE SCIENCES SAS, WHICH PROVIDES RELAXATION, CONCENTRATION AND SLEEP CONTENT. THE USE OF NEURAL UP IMPLIES FULL ACCEPTANCE OF THESE GENERAL CONDITIONS: THE USER DECLARES TO HAVE READ AND HAVE EXPRESSLY AND UNCONDITIONALLY ACCEPTED THESE GENERAL CONDITIONS IN FORCE ON THE DAY OF HIS REGISTRATION WITH NEURAL UP.

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ARTICLE 1 - Definitions

 

Each of the expressions below will have the following meaning in these general conditions:

• "solution(s)" means the infrastructures developed comprising data of various kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted and accessible on the website, mobile applications and tablet applications called NEURAL UP;

• “iCare Sciences” refers to the company iCare Sciences SAS, publisher of the solutions;

• "content(s)" means the writings, images or messages of any kind exchanged on the solutions;

• "server" all the equipment intended for the implementation of the functions necessary for the publication, maintenance and putting the solutions online;

• "user(s)" and/or "you" means the person who accesses and/or is registered with the solution;

• "Package" means paid subscription to advanced features for a fixed period;

• “personal data” and/or “personal data”, “processing” have the same meaning as in the French law known as “Informatique et Libertés” n°78-17 of January 6, 1978 as amended.

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ARTICLE 2 - Object

 

The purpose of these general conditions is to define the conditions under which the user can access and use the solutions. No derogation from these General Conditions may be accepted without the express and prior agreement of iCare Sciences. The general conditions constitute all of the existing commitments between iCare Sciences and the user and cancel any prior oral or written commitment relating to the subject matter hereof.

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ARTICLE 3 - Conditions of registration

 

When registering, the user agrees to read these general conditions. It also undertakes to provide accurate information consistent with reality for the purposes of implementing the features offered. The user undertakes in particular not to create a false identity likely to mislead, as well as third parties, and not to usurp the identity of another natural person.

In the event of the provision of inaccurate or misleading information, and the usurpation of a user's identity, iCare Sciences may immediately and without notice or compensation, suspend or terminate the user's member account. and deny him access, temporarily or permanently, to all or part of the functionalities. iCare Sciences cannot be held responsible for the accuracy or inaccuracy of the information provided by the user. In case of modification, the user agrees to immediately update the data he provided when registering online.

Not having the technical means to ensure the identity of the people who register as a member, iCare Sciences is not responsible in the event of usurpation of the identity of a user. If the user believes that a person is trying to usurp his identity or his account, he must immediately inform iCare Sciences at the following email address contact@neuralup-solutions.com. If it turns out that a user disseminates or uses his identifiers or avatars in a way contrary to their intended purpose, iCare Sciences reserves the right to terminate the user's account without notice.

Minors are allowed to register on the solutions, on the express condition that they have previously obtained permission to do so from their parents or, where applicable, from the person holding parental authority. iCare Sciences reserves the right to request written justification at any time, and to carry out any checks, as well as to delete any member account, in the event that said justification is not given to it within the time limit. iCare Sciences will immediately delete any member account upon receipt of a parental request to close said account and related content.

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ARTICLE 4 - Connection identifiers

 

When registering, the user must fill in his email and choose a password. The user is responsible for the correct entry of his login information, if the latter provides incorrect information, iCare Sciences cannot be held responsible.

These identifiers are intended to reserve access to the solutions for the user, to protect the integrity and confidentiality of the data exchanged, they are personal and confidential. The user is fully responsible for maintaining the confidentiality of his member account, he undertakes to do everything possible not to disclose his connection identifiers, in any form whatsoever, in particular not to register them on any medium. , paper or electronic, which could be easily consulted by a third party. He alone will bear the consequences that could result from their use by third parties who would have had knowledge of them. Reference is made here to the "advice of the CNIL for a good password" as well as to the recommendations of the ANSSI.

The user must immediately notify iCare Sciences in the event of usurpation or unauthorized use of his account at the following email address contact@neuralup-solutions.com.

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ARTICLE 5 - Use of solutions

 

The user is prohibited:

• to use the solutions under conditions likely to damage, overload or alter them;

• to extract or collect information relating to other users;

• to usurp identities;

• encourage the practice of illegal, threatening or obscene activities;

• upload viruses or other malicious code to the solutions;

• intimidate and harass other users in any way;

• to offer or recommend training content to the community other than that offered on the solutions.

 

IF NOT, ICARE SCIENCES RESERVES THE RIGHT TO TAKE ANY APPROPRIATE ACTION, INCLUDING LEGAL, AND IN PARTICULAR TO SUSPEND OR REFUSE ACCESS TO THE PLATFORMS OR TO DELETE THE USER'S ACCOUNT.

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ARTICLE 6 - Advanced features and services

 

THE USER MUST HAVE A SUBSCRIPTION TO ACCESS THE FEATURES OF NEURAL UP.

 

(a) Advanced Features Content:

The solutions offer advanced functionalities which are accessible via the paid subscription of a subscription entitled “Neural Up”. These features are:

• Access to all relaxation, concentration and sleep sessions;

• Access to all the music offered for each session: classical, electronic, jazz, acoustic, ambient, RnB, pop, folk, etc...;

• The possibility of carrying out an emotional diagnosis (simple or complete) before and after each session. Cela  allows the user to track their emotional state on a daily basis;

• Access to popular scientific articles to learn how to better manage stress;

• Access to new musical playlists added to each relaxation, concentration and sleep session (>=1 playlist/session/week);

• Access to new scientific articles dealing with stress, its manifestations and management mechanisms (>=1 article/week).

 

The Neural Up subscription has a price and a duration, they are presented in the application.

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(b) Technical Support:

iCare Sciences provides the user with technical assistance, any request for assistance will be made directly to iCare Sciences, at the following address contact@neuralup-solutions.com, or directly via the contact form located within the solutions.

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(c) Accommodation:

Solutions are hosted by Google Cloud Platform, acting on behalf of iCare Sciences.

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ARTICLE 7 - Privacy

 

iCare Sciences is committed to protecting the privacy of its users in compliance with the regulations in force, in accordance with its Personal Data Protection Policy. The user acknowledges having expressed his express agreement for the collection and processing of his personal data through the creation of an account. The processing carried out has been declared to the CNIL under number 2115201.

Users are required to comply with the provisions of the Data Protection Act mentioned above, the violation of which is liable to criminal penalties. In particular, they must refrain, with regard to the personal data to which they may have access, from any collection, from any misuse and, in general, from any act likely to infringe the privacy or the reputation of people.

The user has the right to oppose, access and rectify data concerning him. He may thus demand that information concerning him that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. To exercise these rights, the user can send his request directly to iCare Sciences at the following email address contact@neuralup-solutions.com. iCare Sciences reminds users that they can also object, for legitimate reasons, to the processing of this data.

The user is solely responsible for the quality, legality and relevance of the personal data communicated to iCare Sciences. He guarantees to have carried out all the obligations incumbent on him, and to have informed the natural persons concerned of the use made of said data.

As such, it guarantees iCare Sciences against:

• any appeal, complaint or claim from a natural person whose personal data would be processed;

• at first request against any prejudice resulting from its being called into question by a third party for a breach of this guarantee.

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ARTICLE 8 - Intellectual property

 

All elements of the solutions, brands, logos, designs, graphics, graphic charters, icons, texts, training and nutrition content, applications, scripts, functionalities, as well as their selection or combination appearing on the solutions, are the exclusive property of iCare Sciences, and are protected by applicable intellectual and industrial property rights.

iCare Sciences grants the user only a strictly personal, non-exclusive, non-assignable and non-transferable right of use relating to all the elements of the solutions which does not entail any transfer of the rights referred to above. As such, the user is prohibited from any use contrary to their intended purpose, namely the normal use of the solutions, in particular to copy, reproduce, modify, distribute, display or sell, by any process or form whatsoever, in all or part of any element of the solutions or relating to them, by any means whatsoever, and for any other purpose, including for commercial purposes, without the prior written authorization of iCare Sciences. In the absence of authorization, iCare Sciences may immediately terminate and delete the user's account without justification, and without reimbursement, with or without reason, without notice, and initiate any appropriate action, in particular legal action.

All elements of the solutions, including their documentation, therefore remain the full property of iCare Sciences. It is expressly forbidden for the user to use the elements of the solutions in a way that does not comply with these conditions, in particular to:

• any reproduction of the solutions, in any form and on any type of medium whatsoever, in particular by modification, merger or inclusion in another software and/or modification of the documentation which accompanies it;

• any translation, adaptation or arrangement of the Solutions;

• any provision of solutions, in whole or in part and by any means;

• any modification of the solutions or intervention on them, whatever their nature, including for the purpose of correcting errors likely to affect the operation of the solutions, insofar as the right to correct said errors is reserved solely for iCare Sciences ;

• any disclosure, marketing or use of the solutions for the benefit of third parties as well as any training of third parties in the use of all or part of the solutions.

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IN THE EVENT OF INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS, ICARE SCIENCES HAS THE ACTION FOR INFRINGEMENT THAT IT CAN BRING EITHER BEFORE CIVIL OR ADMINISTRATIVE COURTS TO OBTAIN COMPENSATION, OR BEFORE REPRESSIVE COURTS TO OBTAIN CRIMINAL SANCTIONS. THE VIOLATION OF COPYRIGHTS IS CONSTITUTION OF THE OFFENSE OF COUNTERFEITING PUNISHED BY A FINE OF 300,000 EUROS AND 3 YEARS OF IMPRISONMENT. ADDITIONAL PENALTIES, SUCH AS CLOSURE OF ESTABLISHMENT, CONFISCATION, PUBLICATION OF THE JUDICIAL DECISION BY WAY OF POSTING, MAY ALSO BE IMPOSED.

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ARTICLE 9 - Liability

 

The user guarantees iCare Sciences against any action that may be taken against it or any complaint that may be filed against it as a result of the use of the solutions under conditions that do not comply with these General Conditions. In addition, the user will be solely responsible for the use of his identification elements (e-mail and password) by third parties, actions or declarations made through his member account and guarantees iCare Sciences against any such request. This guarantee covers any amount that iCare Sciences would be required to pay for any reason whatsoever, including lawyer's fees and legal costs recognized or pronounced.

iCare Sciences will endeavor, as far as possible, to maintain its solutions permanently accessible but cannot be held responsible for non-functioning or impossibility of access to the solutions due to external circumstances, in particular the network or network connection mode. iCare Sciences may decide to interrupt access to its solutions for maintenance or updating reasons. iCare Sciences will take all appropriate measures so that the user can be informed as well as possible of the interruption. It cannot be held responsible for the consequences of these interruptions for the user or any third party.

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ARTICLE 10 - Non-compliance with these general conditions of use

 

In the event of non-compliance by the user with any of the provisions of these general conditions of use or provision of inaccurate or misleading information, and/or identity theft of a user, ICARE SCIENCES reserves the right to immediately suspend or terminate the user's member account without compensation and to refuse him access, temporarily or permanently, to all or part of the functionalities.

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ARTICLE 11 - General Provisions

 

(a) Intuitu personae:

The present cannot be the subject of any modification, assignment, contribution or transfer, in any form whatsoever.

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(b) Independence of clauses:

It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for herein, regardless of the frequency and duration, cannot constitute modification of the present, nor be likely to create any right. In the event that a clause hereof is cancelled, its nullity cannot affect the other stipulations, nor affect the validity of the present as a whole. The Parties will then endeavor to modify the clause affected by nullity so that it responds to the rule while respecting the balance and the objectives of the present.

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(c) Force Majeure:

The obligations stipulated in these general conditions will be suspended in the event of an event of force majeure. iCare Sciences cannot be held responsible for any delay or non-performance of the services. If the force majeure event lasts longer than forty days, either party may terminate the current package with immediate effect, without compensation.

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(d) Amendments hereof:

iCare Sciences reserves the right to modify these General Conditions. In this case, the user will be informed of these modifications at the same time as the posting of the new General Conditions.

iCare Sciences invites the user to refer to the General Conditions at each visit in order to read the latest available version of these General Conditions, permanently available online.

The user may, subject to prior notification to ICARE SCIENCES, freely terminate the Services if he does not wish the contractual relations to be governed by the new General Conditions.

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ARTICLE 12 - Applicable law and settlement of disputes

 

These General Conditions are governed by French law.

If a provision of the General Conditions should be held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other provisions will retain all their force and their scope.

In the event of difficulties in the interpretation or execution of these presents, the Parties will endeavor to resolve their disputes amicably, in which case the parties will engage in mediation before initiating proceedings.

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These General Conditions are made up of 12 articles.