1. Legal information and scope
1.1. Legal Information
The site "Learning From Emotions" (hereinafter the "Site"), and the applications, (hereinafter the "apps") are created, developed and operated by the company Learning and Development Business Partners SAS (L&D BP), a limited company under French law, with a shared capital of EUR 20,000, headquartered at 67 rue Saint Jacques 75005 Paris, registered with the Trade and Business Registrar of Paris under number B 832 724 272, and having the VAT number FR 05 832724272 (hereinafter "L&D BP" or "us"). You may contact us by telephone at +33 (0)1 49 11 46 65 or by email: contact@lfeapp.com.
1.2. Scope
These terms and conditions of use and sale (the "Terms") apply to any visitor ("you" or "user") of the Site or the Services.
Their purpose is to define the terms for accessing the Site and the Apps available and their services, as well as its terms of use.
Any access and / or use of the Site or the Apps implies the acceptance and respect of all Terms. Read the Terms carefully before using the Site or the Apps. If you do not agree to any of the provisions of these Terms, please do not use the Site.
1.3. Amendments
We reserve the right to revise and amend these Terms from time to time without notice in particular to reflect changes in market conditions affecting our business, technological changes, payment method changes, change in laws. We will notify you in advance of any changes to these terms and you may choose to cancel your subscription to our services, without penalty, before the amended terms come into effect.
2. System Requirements
The use of the Site and the Apps requires a high-speed Internet connection for personal computers and a mobile Internet service (3G, 4G, 5G, Wifi) for portable devices. These connections are not provided by L&D BP, so the user must first subscribe individually to a broadband Internet connection and / or a mobile internet provider in order to use the Site and its services. A fourth generation (4G) or a 5G mobile Internet connection is highly recommended.
As a user, you may activate the service from a personal computer (PC or MAC) with a compatible operating system and browser and from a compatible mobile device (hardware, operating system, browser compatible). To enjoy the Apps via your smartphone or other device, your device must meet certain system requirements. These requirements can be found on the Site and the appstores.
3. Access and Use
3.1. Creating an Account
n order to access the Site services and the Apps, you must take out a subscription or obtain an invitation code. You can create an account by filling up the registration form that you complete as indicated and requested, in the fields provided for this purpose. The information required to take into account your registration, includes a valid email address and choosing a password. You validate your subscription after having previously accepted the present Terms and Conditions.
For your subsequent visits, you will be able to access the services directly in the Apps, as long as your subscription is valid or by entering your e-mail address and your password as recorded during your registration when you will access the services by the web.
If you forget your password, there is a feature to reset it on the Site and the Apps.
Each user may only create one account. If we disable your account, you may not try to create another without our permission.
3.2. Login and password
The username and password you chose when creating your account are your own, personal and confidential.
You agree to keep your username and password secret and not to disclose it in any form whatsoever. Storing, using and transmitting your username and password are your sole responsibility. Particularly, you are hereby notified of the inherent lack of security of using the auto-save feature for your login details that your computer system may allow; therefore, you declare that you are assuming full responsibility for using it, and any possible consequences thereof.
Any use of your username and password will be deemed to have been made or duly authorized by you.
Therefore, we may not in any way be held responsible for any harmful consequences resulting from unlawful, fraudulent or abusive use of your username and password and the access to the Site by a third party not expressly authorized by you that would result from your fault or negligence.
In case of theft or misappropriation of your username and password, it is your responsibility to notify us immediately by telephone or email with acknowledgment of receipt.
In the event it is impossible to login with your username and your password, you must inform us without delay by telephone or email.
You may not transfer your account without first obtaining our written permission, and you may not impersonate or attempt to impersonate others.
3.3. Services
Once your account is created, you become a member of our Site, which gives you access to all sections, features and functions of the website and our Apps, as long as your subscription or your invitation code are valid. You also agree to receive emails related to your user lifecycle, and technical or quality of service.
Invitation codes are assigned for a predefined period of use without automatic renewal.
L&D BP offers monthly, trimestral and yearly subscription in the Appstores:
Regarding the monthly, trimestral and yearly, a month is made of 30 days, a trimester is made of 90 calendar days and one year of 365 days.
Several subscription packages are available:
1 month - 7.99 euros without commitment, automatically renewed
You have 7 days to test the application for free. If you uninstall the app during this 7-day trial period, the subscription is not charged.
3 months - 21.99 euros without commitment, automatically renewed
You have 7 days to test the application for free. If you uninstall the app during this 7-day trial period, the subscription is not charged.
1 year - 84.99 euros without commitment, automatically renewed
You have 7 days to test the application for free. If you uninstall the app during this 7-day trial period, the subscription is not charged.
Your subscription is automatically charged to your iCloud or Play Store account once your purchase is confirmed. The subscription is automatically renewed unless the End User disables this option at least 24 hours before the end of the current period.
Your subscription and its renewal can be managed from the "Settings" section of your device.
A problem with the subscription?
Our customer service is at your disposal
- by email: contact@lfeapp.com
- by phone at +33 (0)1 49 11 46 65 Monday to Friday from 9 a.m. to 6 p.m.
The recipient of the invitation code can access the Learning From Emotions services (appropriate version of smartphone, tablet, computer, operating system, browser, or application) as soon as registration is completed. In case of concern, you can contact L&D BP with a registration problem by email: contact@lfeapp.com.
No refunds can be requested from L&D BP after activation of the invitation code, or when the trial period of 7 calendar days is exceeded.
The obligation to provide services begins only after entering a valid invitation code or the registration to a subscription, and other mandatory information. Access to services is confirmed by email.
3.4. Guarantees
By creating an account on the Site and using the services, you certify, guarantee and agree that:
- the information you provide is personal, accurate and you are not using personal information of others without permission,
- you are legally able to enter into legal commitments;
- you are at least 13 years old and if you are under the age of 18 (or of adult age pursuant to the law applicable to you), you create your account and you are engaged under the direction, supervision and with the consent of your legal representatives;
- your personal information will be updated if necessary.
4. Complaints, Cancellation and Right of Withdrawal
4.1. Complaints
You may send your complaints by email to: contact@lfeapp.com
4.2. Termination on your part
You may terminate your monthly, trimestral or annual subscription at any time, with a notice period of at least 24 (twenty-four) hours before the current deadline. The termination will be effective at the end of the period, monthly, trimestral or annual, in progress.
4.3. Termination by us
We may suspend or terminate, without prior notice or recourse to the Courts, your use of our services as a result of fraud or breach of an obligation under these Terms, including without limitation, unauthorized copying or downloading of our audio or video content from the Site or the apps or any violation of the limited-use license that we grant you as part of your access to our services.
5. Intellectual Property and Use License
5.1. Intellectual Property
The entire Site and its services including their structure, tree structure, graphics, object or source codes and their content (including text, graphics, images, photographs, videos, information, logos, button icons, software, audio files and others, databases) is the property of L&D BP, or their respective owners and is protected by intellectual property, including copyright and trademark law. The name "Learning From Emotions" and the " Learning From Emotions " logo are in particular protected trademarks.
We reserve all rights to the Site that have not been expressly granted to you under these Terms. Accordingly, you are prohibited from using the Site for purposes other than those described below, in the absence of our express prior agreement.
Any breach of the foregoing may incur your liability, without prejudice to our right to terminate your subscription unilaterally in accordance with Article 4.3. above.
5.2. Use License
Subject to compliance with these Terms, and based on the subscriptions subscribed, we authorize you to access and use the Site and its applicable services, and where applicable to download its content, exclusively for personal purposes. The license thus granted to you is strictly personal, non-exclusive, limited and revocable in the event of non-compliance with these Terms. In particular, we draw your attention to the fact that no assignment of intellectual property rights can be inferred from your use of the Site and the Services, including with respect to the items that we authorize you to download pursuant hereto.
Except as specified below, you are strictly prohibited from performing or assisting a third party to do any or all of the following:
- Copying, storing, reproducing, transmitting, modifying, altering, disassembling, imitating, decompiling or disassembling the Site, including its services and content in any way, or creating derivative works from them; reproduction, etc.) for free or for a fee, all or part of the Site, the services or their content;
- Altering all or part of the Website, services or their content or circumventing any technology used by L&D BP or its licensors to protect all content accessible through the Site and its services;
- Bypassing security measures of the Site and access some or unauthorized functionality of the Site and Services;
- Bypassing territorial restrictions applied to the Site and the services; or more generally
- Using the Services in a manner that violates this License Agreement or other Terms,
As an exception to the above, a limited amount of content will be allowed (and specified as such, if any for a limited time) to be shared by the user on their personal social networks (Facebook, Twitter, etc.) and sites and personal internet pages (hereinafter the "Distribution Content"), L&D BP grants you a limited right to download, reproduce and distribute the Distribution Content on the Internet solely for the purpose of sharing and / or commenting on your social networks, sites and / or personal internet pages, as well as the following cumulative conditions: (i) the Distribution Content may not be modified under any circumstances, subject to the technical modifications necessary for its display and distribution through your computer systems and on the Internet (eg, a video format change or file size) that does not alter the content or quality of the Distribution Content, (ii) the Distribution Content may in no case may be shared, (iii) the distribution terms of the Distribution Content must comply with the additional terms that may be indicated on a case-by-case basis on the Site; Site, (iv) the Distribution Content must in no way be disseminated with any other content that you know to be false, inaccurate or misleading or that is or that encourages activity or conduct that is unlawful, harmful, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, defamatory, disrespectful of the privacy of others, hateful, racist, or otherwise objectionable. This Distribution Content may contain gifs or cookies that allow us to collect information regarding the distribution and consumption of such content. For more information, please see our Privacy Policy.
6. Prohibited Uses of the Website and Services
6.1. Breaching the integrity, security and operation of the Site and services
You may not upload, post, email, transmit or otherwise introduce on our platform any material or file containing computer viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any software or computer equipment or equipment directly or indirectly related to our services or our services themselves. You agree not to interfere with the servers or networks underlying or related to the Website or other Services or to violate the procedures, policies or regulations of the networks connected to our Website or our other services.
You may not probe, scan or test the vulnerability of the Site or apps, violate security or authentication measures thereof, or attempt to trace or retrieve any information about any other user, visitor or members of the Site.
You may not interfere or attempt to interfere with the access of any user, host or network, including, without limitation, the sending of a virus, overloading, flooding, spamming, or "mail bombing" of our services.
You may not perform any action that imposes an unreasonable or disproportionate burden on the infrastructure of the Site, systems or networks, L&D BP' Apps, or systems or networks connected to the Site and apps, or that is likely to interfere with the proper functioning of the Site or the apps, with any transaction made on them, or with the use of any other person.
You may not use "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology or any similar manual process or equivalent, to access, acquire copy or monitor any part of the Site and the apps, and you may not attempt in any way to reproduce or bypass the navigation structure or layout of the websites, applications, or any content to obtain or attempt obtain material, documents or information by means not available for this purpose on websites or applications.
You are also prohibited from accessing or attempting to access any Learning From Emotions server, or any of the services offered on or through the Site and apps, by hacking, "password mining", or using other illegitimate means.
6.2. Interactions on the Site and services
In general, you agree not to behave in an objectionable manner while using our services or to use the Services for any unlawful, immoral or harmful purpose.
You are solely responsible for any messages, content and information published in it while logged in to Site since in its capacity as host of the service here considered, L&D BP cannot be responsible for the content published by members on the Site and on which L&D BP has no power of control and supervision.
7. Service Availability
While we strive to provide you with the best possible service, we do not promise that services will always be available and will meet your needs, expectations and charges; we cannot guarantee that the services will be flawless. If an error occurs in the services, thank you to report it to contact@lfeapp.com and we will try to correct the fault within a reasonable time. If the need arises, we can suspend access to services as we try to fix the problem. We will not be liable to you if the services are unavailable for a period of time.
Your access to services may be occasionally restricted to allow for repairs, maintenance or the installation of new facilities or services. We will try to restore services as soon as reasonably possible. In the event that services are not available, our usual deadlines and dates of ordering and cancellation normally apply; thank you to inform us of the changes relating to your order via our contact@lfeapp.com.
The content of the catalog is subject to change. We reserve the right to remove, add or modify functionalities without notice and without recourse.
8. Hyperlinks
8.1. Links to other sites
We may provide links to other sites or access services. You acknowledge that access to these sites or services is at your sole discretion and that these links are present for your information only. We have not reviewed or endorsed any of these websites or services. We may not be held responsible in any way for: (a) availability, (b) personal data protection practices, (c) content, advertising, products, goods or other materials or resources available on or from these sites / services, or (d) the use of what others are doing with these sites and services. We are not responsible for any damage, loss or crime caused or allegedly caused by, or in connection with, the use or trust you place in these sites or services.
8.2. Link to the Website
You may link to our homepage provided that you do so in a manner that is fair and lawful and does not damage or benefit our reputation, but you do not have the right to establish a link in such a way as to suggest any form of association, approval or endorsement on our part that does not exist.
You must not link to our Site on a website that is not owned by you. Our Site and our other services must not be framed or encapsulated in another site; you may not link to any part of our Site or our other services, unless you have L&D BP written permission to do so. We reserve the right to withdraw the authorization via a written notice in case of use that damages our image or our reputation. The Site from which you link to us must comply in all respects with the content standards set forth in these Terms, and in particular Article 6.2 above. If you wish to make another use of the information available on our website or our other services as indicated above, please send your request to contact@lfeapp.com.
9. Limitation of liability
We put all reasonable means at our disposal to ensure quality access to the Site and the security of the data that you transmit to us via the Site, but we assume no obligation of result in this respect.
We do not guarantee the continued operation of the Site which may be interrupted for maintenance reasons.
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 Site, and in case of force majeure as defined by the applicable regulations.
In particular, we draw your attention to the limitations and constraints specific to the Internet and the impossibility of completely guaranteeing the security of data exchanges. It is your responsibility to take all the necessary measures to protect yourself against unauthorized intrusions into your information system, in particular by securing your internet connection with a password or by using the software appropriate anti-virus.
Furthermore, you are informed that the quality of the operation of the Site and in particular response times may vary depending on the personal settings of your connection station and your Internet access service. We assume no liability in this regard.
Consequently, we cannot under any circumstances see our liability engaged, directly or indirectly, because of the malfunctions of the Site, including any loss of data saved by your account, caused by one or more of the technical characteristics inherent to the Internet, or any computer hardware or software or software used by you for any reason.
Similarly, no malfunction of the Site, including any loss of data saved by your account, we cannot be blamed if such a malfunction would result from misuse of the Site by you, or the inadequacy of the hardware and computer software that you use in relation to the technical specifications referred to above.
Information made available on the Site is for informational purposes only and does not constitute in any case an invitation to contract, advice or a recommendation of any kind.
Consequently, the use of the information and content available on all or part of the Site does not in any way engage our liability for any reason whatsoever. Within the limits of applicable mandatory legal provisions, under no circumstances, including but not limited in case of negligence, L&D BP or its affiliates, suppliers, customers, or suppliers (collectively, the "protected entities") may be held liable for any indirect, special, incidental, consecutive, exemplary or punitive damages arising out of, or related directly or indirectly to the use or inability to use the services or the content, materials and the functions associated with it, your provision of information via the services, or loss of business or loss of sales, or errors, viruses or bugs contained in the services, even if such protected entity has been informed of the possibility of such damage. Under no circumstances may protected entities be held responsible for or in connection with any content posted, transmitted, exchanged or received by or on behalf of a user or other person or through the services. In no event shall the overall liability of the entities protected by you for any damages, losses and consequences of events and actions (contractual or tort, including, but not limited to, negligence or otherwise) arising out of such Conditions or your use of the services will not exceed the sum of 50 (fithty) euros.
Nothing in this clause is likely to limit the liability of L&D BP or protected entities in cases of fraud, gross negligence or bodily injury.
10. Medical warning
L&D BP is a provider of online and mobile subscriptions to access content related to emotions. We are not a medical device; we do not provide medical advice. All users with serious medical or psychological problems or requiring medical advice should consult their physician.
L&D BP or contracted external service providers, are provided solely for your information and convenience.
All advice or other items available in our services are intended solely for general information purposes. They are not meant to serve as a reference and substitute for professional medical advice based on your personal situation. The tips and other elements of the site are intended to help the relationship between you and your health care providers, but not to replace it. We cannot be held responsible for any action or 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 relevance (for any purpose) of any notice or information published in the frame of our services.
11. Personal data
The personal data thus collected on the Site are processed in accordance with the amended law of June 20, 2018 on the protection of individuals with regard to the processing of personal data. You have a right to access and rectify data concerning you, subject to having a legitimate interest, and you may, subject to justifying overriding and legitimate reasons, oppose their treatment by contacting contact@lfeapp.com.
L&D BP reserves, in the event that the member would be responsible for an infringement of the legislation in force or an infringement of the rights of third parties, the right to provide, at the request of any legitimate authority (jurisdiction, administrative authority, police services), any information enabling or facilitating the identification of the offending member.
For more information, please see our "Privacy Policy" which is available online and is an integral part of these Terms.
12. General provisions
12.1. Transfer
L&D BP may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights. You may not transfer your rights or obligations under these Terms to anyone other than L&D BP's prior written consent.
12.2. Guarantee and indemnities
ou agree to defend, indemnify and support L&D BP and its directors, officers, members, investors, officers, employees and agents from any claim, liability claim, costs and expenses, including reasonable attorney fees that could arise in any way from your use of the Services, from your publication or transmission of any message, content, information, software or other communications through our services, or from your violation of the law or these terms. L&D BP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise likely to require compensation by you, and in this case, you agree to cooperate with L&D BP's defense of a such claim.
12.3. No waiver
If we delay the exercise or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of such right or other rights under these terms.
12.4. Force majeure
We will not be liable to you for any lack of performance, unavailability or failure of services, or for any failure or delay on our part to comply with these conditions, in the event that this lack of performance, downtime 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 an illustration only and should not be interpreted as limiting the generality of all the preceding words; and (ii) the singular references include the plural and the masculine includes the feminine, and in each case vice versa.
13.6. Written communications
Applicable laws require that some of the information or communications we send you be in writing. When you use the Site and its services, you agree that all contracts, notices, information and other communications that we provide to you electronically have the same value as written communications.
13.7. Proof / Archiving Evidence
Computer data generated as a result of access and / or use of the Site (including, in particular, programs, connection data, files, records, operations and other items on computer or electronic media) (the "Data ") are likely to be kept and archived, within the limits provided for by law, by us within our computer system, under conditions that guarantee its integrity.
The Data is authentic between you and us, and will be considered as evidence of communications between you and us.
The Data constitutes literal proof and has the same probative force as a document that would be drawn up, received or kept in writing in paper form.
Therefore, the Data may be validly produced as evidence and may be used against you in any claim or legal action with the same probative force as any document that would be drawn up, received or kept in writing in paper form, which you expressly recognize.
We undertake not to contest the admissibility, opposability or probative value of the Data due to their electronic nature. You agree as well.
You can have access to all Data on simple request addressed to us by simple mail or by e-mail.
12.8. Divisibility
If a court or a competent authority decides that any provision of these Terms is invalid, illegal or unenforceable to a certain extent, the provision will, to that extent only, be separate from other provisions, which will continue to be valid to the fullest extent permitted by law.
12.9. Entire Agreement
These Terms, as well as any additional terms and any other document expressly named in these terms represent the entire agreement between us and supersede all prior discussions, correspondence, negotiations, previous arrangements, documents to which they refer Each of us agrees that our sole remedy with respect to such representations and warranties as set forth in this Agreement (if done unintentionally or negligently) will be breach of contract. Nothing in this section limits or excludes liability for fraud or theft.
12.10. Applicable Law
These Terms are subject to French Law.
Subject to the applicable mandatory legal provisions, the courts of Paris shall have exclusive jurisdiction to hear any dispute relating to the interpretation, application and performance of these Terms, as well as any dispute related to the use of the Site.
These Terms take effect from their last update on 11/01/2021.
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