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1. Who are we

We are Kompanion Care, a société par actions simplifiée (simplified joint-stock company) registered with the RCS of Paris under number 983 608 571, whose registered office is located at 26 rue de Charonne 75011 PARIS.


Contact us:

2. What are we proposing

We have developed the Lilia Reminiscence application (the "Application"), designed to help users stimulate their memory and cognitive functions. The Application offers interactions with Lilia, an intelligent digital companion, using audio, visual and personalized video supports (the "Services").

3. What do you need to know about our General Terms and Conditions?

  • What are our General Conditions for?

    • Our general terms and conditions (the "General Terms and Conditions") constitute the sole document governing our contractual relationship and define :the terms of use of our Services,our obligations and yours.

  • Where can I find our General Terms and Conditions?

    • You can find them via a direct link at the bottom of the Application page.

  • How to accept our Terms and Conditions

    • You accept the Terms and Conditions by checking a box on the registration form. If you do not accept all of our Terms and Conditions, you may not access the Services.

    • Your use of the Services implies your acceptance of the Terms and Conditions, without restriction or reservation.

    • They may be supplemented by special conditions which, in the event of contradiction, take precedence over the General Conditions.

4. What are the conditions for accessing our Services?

(i) You are a natural person with full legal capacity,​

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(ii) You are a consumer, understood as any natural person acting for purposes that are not part of his or her professional activity,

5. How to access and subscribe our Services?

You can access our Services by going directly to the Application.

 

To subscribe to our Services, you must complete the form provided on the Application.

 

You must provide us with all information marked as mandatory .

 

Registration automatically opens an account in your name (the "Account"), enabling you to access our Services using your login and password.

6. What services do we offer?

6.1. Our services

Before subscribing, you can read about the features of our Services on our Platform. 

 

You recognize :

  • have taken cognizance of the characteristics and constraints, particularly technical, of our Services, 

  • that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which we are not responsible.

 

The Services to which you have subscribed are described on the Application.

 

We reserve the right to offer any other Service. 

 

Any request to modify the Services subscribed to must be the subject of a new subscription.

6.2. Our additional services

6.2.a. Maintenance

For the duration of the Services, you will benefit from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Application may be limited or suspended for maintenance reasons. 

 

We will use our best efforts to provide you with corrective maintenance to correct any malfunctions or bugs found in the Application.

 

For the duration of the Services, you will benefit from evolutionary maintenance, which we may carry out automatically and without prior notice, and which includes improvements to the functionalities of the Application, the addition of new functionalities and/or technical installations used within the framework of the Application (aiming to introduce minor or major extensions).

 

Access to the Application may also be limited or suspended for scheduled maintenance, which may include corrective and/or evolutionary maintenance.

7. For how long do you subscribe to our Services?

You subscribe to our Services for an indefinite period.

8. What are our financial terms?

8.1. What are the prices of our Services?

Our Services are provided free of charge.

9. Legal warranty of conformity

Consumers are entitled to invoke the legal guarantee of conformity if a lack of conformity appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.


The legal warranty of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the contractual relationship between the parties.


The legal guarantee of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.


The consumer may obtain a price reduction by retaining the digital content or digital service, or he may terminate the contract with a full refund in exchange for relinquishing the digital content or digital service, if :

1° The professional refuses to bring the digital content or service into compliance,

2° The compliance of the digital content or service is unjustifiably delayed,

3° The digital content or service may not be brought into conformity at no cost to the consumer,

4° Bringing the digital content or service into compliance causes major inconvenience for the consumer,

5° The non-compliance of the digital content or service persists despite the professional's unsuccessful attempt to bring it into compliance. 

 

The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

 

In cases where the lack of conformity is minor, the consumer has the right to cancel the contract only if the contract does not provide for the payment of a price.

 

Any period of unavailability of the digital content or service for the purpose of bringing it back into conformity suspends the remaining warranty period until the digital content or service is supplied again in conformity.

 

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

 

Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).

 

The consumer also benefits from the legal warranty for hidden defects in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service. 

10. What are our respective intellectual property rights, and what can we do about them?

10.1. Intellectual property rights on the 

The Application is our property, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that we use. They are protected by all applicable intellectual property rights or database producers' rights. The license we grant you does not entail any transfer of ownership. 


You are granted a non-exclusive, personal and non-transferable SaaS license to use the Application for the duration specified in the article "For how long do you subscribe to our Services?

10.2. Intellectual property rights on Content

By subscribing to our Services, you acknowledge that the content of any kind that you publish on the Application (the "Content") is disseminated in a spirit of community exchange.

 

Therefore, you agree that we may :

  • distribute the Content free of charge on the Application and on any other French or foreign websites, published by any companies with which we have agreements, by any means and on any medium, for the purpose of promoting the Application,

  • translate the Content into any language

  • modify (in particular the framing, format and colors) and/or adapt the Content, in particular to the technical constraints of the Application (alterations or degradations in their quality).

11. What are your obligations and what are you responsible for?

11.1. Concerning the provision of information

You agree to provide us with all the information required to subscribe to and use the Services.

11.2. About your Account

You :

  • guarantee that the information provided in the form is accurate and undertake to keep it up to date,

  • acknowledge that this information is proof of your identity and is binding on you as soon as it is validated,

  • are responsible for maintaining the confidentiality and security of your login and password. Any access to the Application using these will be deemed to have been made by you.

 

You must immediately contact us using the contact details set out in the "About us" section if you become aware that your Account has been used without your knowledge. You acknowledge that we shall have the right to take all appropriate measures in such a case.

11.3. Concerning the use of the Services

You are responsible for your use of the Services and any information you share in connection therewith. You agree to use the Services personally and not to allow any third party to use them for you or on your behalf.

 

You agree not to use the Services for purposes other than those for which they were designed, and in particular to : 

 

  • Attempt to impersonate another person or use another person's Account information without authorization;

  • Use or distribute the Application for your own scientific or clinical research purposes;

  • Use or distribute the Application for commercial purposes;

  • Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate a person or entity in a manner that is not a parody;

  • Copy, download (other than through page caching necessary for personal use, or otherwise expressly permitted by these Terms and Conditions), modify, distribute, publish, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from or offer for sale any content or other information contained in or obtained from or through the Application, by any means, except as provided in these Terms and Conditions;

  • Violate or attempt to violate the security features of the Application, including connecting to a server that you are not authorized to access, violating restrictions in robot exclusion headers or probing the vulnerability of the Application's systems and networks;

  • Publish or otherwise make available any material containing software, apparatus, instructions, computer code, files, programs and/or any other content or functionality designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment (including, without limitation, any time bomb, virus, malware, software lock, worm, self-destruct, dropping device, malicious logic, Trojan horse, "disable", "lock", "measure" device or any malicious code) ;

  • Redistribute, decompile, reverse engineer, publish or copy the Application, including crack its flash files;

  • Use the Application to create a product with an identical or similar look, feel or design;

  • Access or search the Application by any means other than our publicly supported interfaces (e.g., scraping, inline linking, framing or using a robot, spider, web crawler or any other access method other than manual public access - available portions of the Application or accessing the Application via any API approved by the Application);

  • Interfere with the use and enjoyment of the Application by others;

  • Publish or do anything that could disable, overburden or impair the proper working of the Application;

  • Solicit personal or sensitive information from other users, including, but not limited to, address, credit card or financial account information, or passwords;

  • Use the Application or any trademark, game name, trade name, service mark, copyright or logo of the Application in unsolicited mailings, spam materials, contests or surveys, or to create the impression that such items are associated with you;

  • Infringe the rights of a third party, including intellectual property or confidentiality rights;

  • Threaten, stalk, harm or harass others; or engage in fraudulent, abusive, defamatory, illegal or otherwise inappropriate activity.

  • engage in illegal or fraudulent activity,

  • undermine public order and morality

  • prejudice third parties or their rights in any way whatsoever,

  • violate any contractual, legislative or regulatory provision,

  • engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,

  • to promote your services and/or sites or those of a third party,

  • assist or incite a third party to commit one or more of the acts or activities listed above.

 

You also agree not to :

 

  • copy, modify or misappropriate any element belonging to us or any concept we use in connection with the Services,

  • engage in any conduct that interferes with or hijacks our computer systems or undermines our computer security measures,

  • prejudice our financial, commercial or moral rights and interests,

  • market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Application or to any element belonging to us.

 

You are responsible for the Content of any kind that you distribute as part of the Services.

 

You agree that Content posted on the Application is made public by default and may be viewed by other users of the Application.

 

You agree not to distribute any Content (this list is not exhaustive):

 

  • offending public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),

  • infringing the rights of third parties (infringing content, infringing personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision,

  • prejudicial to third parties in any way whatsoever,

  • misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,

  • harmful to the computer systems of third parties.

 

You are responsible for the relationships you may establish with other users of the Application. You undertake to act with discernment and to respect the usual rules of politeness and courtesy in your exchanges with other users.

 

You will indemnify us against any claim and/or action that may be brought against us as a result of your breach of any of your obligations. You will indemnify us for any loss suffered and reimburse us for any sums we may have to bear as a result.

12. What are our obligations and what are we responsible for?

We undertake to provide the Services with diligence, it being specified that we are bound by an obligation of means. 

12.1. Concerning the quality of our services

We do our best to provide you with quality Services. 

 

To this end, we carry out regular checks to verify the operation and accessibility of our Services, and may carry out scheduled maintenance under the conditions specified in the "Maintenance" article. 

 

However, we shall not be liable for any temporary difficulties or impossibilities in accessing our Services caused by :

  • circumstances external to our network (and in particular the partial or total failure of your servers),

  • failure of equipment, cabling, services or networks not included in our Services or not under our responsibility,

  • interruption of Services by telecom operators or Internet service providers,

  • of your intervention, in particular through incorrect configuration of the Services,

  • force majeure.

 

We are responsible for the operation of our servers, the outer limits of which are the connection points

 

Furthermore, we do not guarantee that the :

  • subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,

  • are standard and not tailored to your personal constraints, and will meet your specific needs and expectations.

12.2. Concerning the Application service level guarantee

We offer no guarantee of the level of service of the Application.

  

However, we make every effort to maintain 24/7 access to the Application, except in the event of scheduled maintenance under the conditions defined in the "Maintenance" article, or in the event of force majeure.

12.3. Concerning data backup on the Application

We use our best efforts to save all data produced and/or entered by/on the Application.

 

Except in cases of proven fault on our part, we are not liable for any loss of data during maintenance operations.

12.4. Data storage and security

We provide you with sufficient storage capacity for the operation of the Services.

 

We make every effort to ensure data security by implementing measures to protect infrastructures and the Application, detect and prevent malicious acts and recover data.

12.5. Concerning the publication of Content

We act as a hosting service provider for the Content you place online. Consequently, we are not responsible for this Content.

 

If we receive a notification concerning illicit Content, we will act promptly to remove it or make it impossible to access, and we may take the measures described in the article "What are the sanctions in the event of a breach of your obligations?".

12.6. Concerning the use of subcontractors and the transfer of our rights and obligations

We may use subcontractors in the performance of the Services, who are subject to the same obligations as we are in the performance of their work. However, we remain solely responsible to you for the proper performance of the Services.

 

We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of any such substitution in writing.

13. What are the limits to our liability?

Our liability is limited to proven direct damages that you suffer as a result of using our Services.

14. What methods of proof are accepted between us?

Proof may be established by any means.

 

You are informed that messages exchanged via our Platform as well as data collected on the Application and our computer equipment constitute one of the accepted modes of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.

15. How is personal data processed in connection with the Services?

15.1. General provisions

We undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon us in terms of personal data protection, in particular Law 78-17 of January 6, 1978 in its latest amended version known as the Loi Informatique et Libertés and Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (together the "Applicable Regulations").

 

To find out more about the processing we carry out, please read our privacy policy available at on our Platform.

16. Force majeure

We shall not be liable for any failure or delay in the performance of our respective contractual obligations due to force majeure occurring during the term of our relationship, as defined in article 1218 of the French Civil Code.

 

If we are prevented from fulfilling our obligations due to force majeure, we must inform you by registered letter with acknowledgement of receipt. Our obligations are suspended on receipt of the letter, and must be resumed within a reasonable time once the force majeure has ceased.

 

We shall nevertheless remain liable for the performance of our respective obligations which are not affected by force majeure.

17. How to terminate Services?

You can unsubscribe from our Services by sending us a request to the contact details mentioned in the "About us" section.

 

Termination is effective immediately.

 

You will no longer have access to your Account upon termination of the Services. 

 

We may delete any Account if it has been inactive for a continuous period of more than 24 months.

18. What are the penalties for failing to meet your obligations?

​The following are essential obligations to you (the "Essential Obligations"): 

  • not to provide us with erroneous or incomplete information, 

  • respect the usual rules of politeness and courtesy in our exchanges,

  • not to use the Services for a third party, 

  • not to engage in illegal or fraudulent activities, or activities that infringe the rights or safety of third parties, public order or applicable laws and regulations.

 

In the event of a breach of any of these Essential Obligations, we may :

 

  • suspend or terminate your access to the Services,

  • delete any Content related to the breach,

  • publish on the Application any information message we deem useful,

  • inform any competent authority, cooperate with it and provide it with any information useful in the investigation and suppression of illegal or illicit activities,

  • take any legal action.

 

These sanctions are without prejudice to any damages we may claim from you.

 

In the event of a breach of any obligation other than an Essential Obligation, we will ask you by any useful written means to remedy the breach within a maximum period of 15 calendar days. Services will be terminated at the end of this period if the breach is not remedied.

 

Termination of the Services will result in deletion of your Account.

​19. How can we modify our Terms and Conditions?

We may amend our General Terms and Conditions at any time and will inform you by any written means (including email) at least one calendar day before they come into force.

 

The modified General Terms and Conditions are applicable as soon as they come into force. 

 

If you do not agree to these modifications, you must unsubscribe from the Services in accordance with the procedure set out in the article "How to terminate the Services". 

 

If you use our Services after the entry into force of our amended Terms and Conditions, we will consider that you have accepted them.

20. Which language prevails in the event of a dispute over the interpretation of the General Terms and Conditions?

In the event of contradiction or dispute as to the meaning of any term or provision, the French language shall prevail.

21. ​Mediation

In the event of a dispute between us, you may contact the following consumer mediator free of charge with a view to reaching an amicable settlement:

 

Consumer mediation center of justice conciliators (CM2C)

Postal address: 14 rue Saint Jean 75017 Paris

Telephone: 01 89 47 00 14

https://www.cm2c.net 

22. Law

Our Terms and Conditions are governed by French law.

Appendix 1
Cancellation form

Please complete and return this form only if you wish to withdraw from the contract.

Thanks, We have received your submission

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