Terms and Conditions of Use

1. LEGAL INFORMATION AND SCOPE

These are the Terms & Conditions for using the "Petit BamBou" website (hereinafter the "Site"), accessible at https://www.petitbambou.com/, and the "Petit BamBou" application (hereinafter the "App"), accessible on Google Play and/or the App Store. Both the Site and the App (hereinafter the "Digital Channels" collectively) are published by FEELVERYBIEN, a simplified joint stock company with a share capital of EUR 160,170 (hereinafter "FEELVERYBIEN"), whose registered office is located at 99C, boulevard Constantin Descat - Bâtiment "La Teinturerie" - 59200 Tourcoing, France, registered with the Lille Métropole Trade and Companies Register under number 922 300 538.

Petit BamBou is a digital solution for promoting mindfulness through a varied range of mobile applications and websites, offering digital content, meditation and breathing programmes, operated under trademarks registered by FEELVERYBIEN.

The purpose of these Terms & Conditions of Use is to define the arrangements under which the User is authorised to access and browse the Site and App.

They prevail over any other document that may have been communicated to FEELVERYBIEN.

These Terms & Conditions of Use are the property of FEELVERYBIEN. Any reproduction, even partial, is strictly prohibited.

2. DEFINITIONS

In this Contract, the following terms or expressions, if they begin with a capital letter, whether singular or plural, will have the following meaning :

"App" : refers to the Petit BamBou application, published by FEELVERYBIEN, accessible from any device with an Internet connection, by free download from the App Store or Google Play or by consultation via a web browser and which allows, after installation and account creation, access to the Services.

"Content" : refers to digital content, including the content of the Digital Channels and blogs, application software, as well as literary, musical, television or cinematographic works available for downloading or streaming on the Site and App.

"Contract" or "Terms & Conditions" or "Terms & Conditions of Use" : refers to this contract concluded between the User and FEELVERYBIEN, including its preamble, and specifying all the rights and obligations of the latter in the context of access to the Digital Channels.

"Site" : refers to the https://www.petitbambou.com/ website.

"Service" : refers to any product and/or service which FEELVERYBIEN makes available to the User, for free or for a fee, through the Digital Channels. The Services include, but are not limited to, the following products and/or services :

• Content for meditation, breathing, sophrology and other techniques, in the form of themed programmes made up of several sessions of varying length, and configurable tools ;
• “Daily Meditations”, consisting of a daily session lasting 8, 12 or 16 minutes ;
• Exclusive Music, Sounds and Atmospheres ;
• Stories, in the form of short animations, to explain the main principles of meditation in an educational way ;
• Bespoke support and assistance.

"Digital channel" : refers collectively to the digital channels through which Users can access the Services offered by FEELVERYBIEN, particularly including the Site and the App.

"User" : refers to an individual who accesses and browses the Digital Channels, whether or not s/he has created a User account with FEELVERYBIEN, with a view to benefiting from the Service(s) provided by FEELVERYBIEN.

FEELVERYBIEN is free to amend the Services and Content at any time.

3. ACCEPTANCE OF THE TERMS & CONDITIONS OF USE

The applicable Terms & Conditions of Use are available to the User on the Digital Channels or upon request from FEELVERYBIEN.

By accessing the Digital Channels, the User fully accepts these Terms & Conditions of Use. In this respect, all Users expressly acknowledge that they have read them and refer to them each time they access the Site and the App.

The Terms & Conditions of Use applicable to the User are those of the version in force at the time s/he accesses the Site and/or the App.

The User is hereby informed that FEELVERYBIEN reserves the right to amend these Terms & Conditions of Use at any time, in particular due to changes in applicable legal and/or regulatory provisions, and/or technical means or constraints.

If the User does not wish to accept all or part of these Terms & Conditions of Use, s/he is asked to refrain from accessing and browsing the Digital Channels.

The Terms & Conditions of Use prevail over any other document communicated to FEELVERYBIEN.

4. SYSTEM REQUIREMENTS

Use of the Digital Channels and their Services requires a broadband Internet connection for personal computers and a mobile Internet service (Edge, 3G, Wifi) for portable devices. These connections are not provided by FEELVERYBIEN, so the User must first subscribe individually and at his/her own expense, to a broadband Internet connection and/or a mobile Internet plan in order to use the Site and the App, and access the Services. A third-generation (3G) mobile Internet connection is strongly recommended.

As a User of the Site, the Service can be activated from a personal computer (PC or Mac) with a compatible operating system and browser, or from a compatible mobile device (compatible hardware, operating system and browser).

As a User of the App, the Service can be activated from a mobile device with a compatible operating system (Android or Apple) and hardware.

The Service can only be accessed via a single connection at a time (personal computer or registered compatible portable device). FEELVERYBIEN has the technical means to check the number of simultaneous connections on the same account and therefore to detect multiple connection attempts.

To be able to use the Digital Channels and their Services via a smartphone or any other device, this device must meet certain system requirements. These requirements can be found on the Site and App Stores.

5. ACCESS AND USE

5.1 Creating an account

In order to access the services of the Site and/or App and to take out the corresponding subscriptions (as described below), the User must create an account via the relevant section of the Site or App, by filling in the registration form which must include, according to the indications requested and in the fields provided for this purpose, the information required for the registration to be taken into account, in particular a valid email address, by choosing a password and then by confirming his/her registration. Users may also register using their personal Facebook or Apple account. Finally, the User must click on the appropriate tab ("Confirm" on the Site or "Continue" on the App), and accept these Terms & Conditions of Use.

On subsequent visits, the User may access the Services by entering his/her email address and password as saved at the time of registration, or by signing in with his/her Facebook or Apple account.

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

Each User may create one account only.

5.2 Login and password

The login and password chosen when creating the account are unique, personal and confidential.

The User undertakes to keep his/her login and password secret and not to disclose them in any form whatsoever. The User takes full and sole responsibility for the storage, use and transmission of the login and password. In particular, the User is warned of the insecurity inherent in the use of the automatic connection data storage function that the computer system may allow, and declares that s/he assumes full responsibility for the use and possible consequences of such a function.

Any use of the login and password will be presumed to have been made or duly authorised by the User.

Consequently, FEELVERYBIEN shall under no circumstances be held liable for any prejudicial consequences resulting from the unlawful, fraudulent or abusive use of logins and passwords or from access to the Digital Channels by a third party not expressly authorised by the User and resulting from the User's fault or negligence.

In the event of theft or misappropriation of logins and passwords, it is the User's responsibility to immediately notify FEELVERYBIEN by registered letter with acknowledgement of receipt.

Should the User find it impossible to sign in using his/her login and password, the User must notify FEELVERYBIEN without delay by sending an email to the following address : onestlapourvous@petitbambou.com.

No account transfer is authorised without FEELVERYBIEN’s prior agreement.

5.3 Services

Once an account has been created, the User becomes a member of the Site and the App and, as such, will be able to access certain sections, features and functions of the Digital Channels that are not available to non-members.

In addition, by becoming a member of the Digital Channels, the User will receive communications designed to support and strengthen his/her meditation practice, called "Newsletter". Said communications will not contain any commercial offers, and will be aimed solely at providing advice, encouragement and resources to draw on in connection with meditation. The User may also agree to receive emails relating to occasional special offers, marketing communications, communications relating to your user life cycle and messages of a technical nature or relating to the quality of service of our platform.

The User may unsubscribe from these emails by following the opt-out instructions they contain, without this affecting his/her access to the other Services offered by FEELVERYBIEN. Memberships and subscriptions to the Services are not transferable and may not be sold, exchanged or transferred in any way.

The Services to which the User has access as a member are those defined in Article 1 of these Terms & Conditions of Use.

5.4 Gift card

FEELVERYBIEN also offers access to the Services via the purchase of gift cards, solely through the dedicated section of the Site.

The recipient of the gift card becomes a subscriber for the duration indicated on the card, from the date of activation of the card by the recipient. To activate the card, the recipient must enter the number printed on the gift card in his/her member account.

Each gift card is linked to a unique user account declared at the time of activation. It is strictly personal and cannot be transferred or assigned to a third party. The gift card holder takes sole responsibility for its management and use.

Gift cards are only valid for twelve (12) months from the date of issue.

The gift card can be used within one hour of receipt.

The User-Buyer is responsible for verifying that the recipient has the necessary technical means to access the Services, such as a compatible device, operating system, browser or suitable application.

6. AVAILABILITY AND MAINTENANCE

The Service is available as long as the User meets the minimum technical requirements, in particular in terms of access to the Internet network and technical compatibility of the equipment used.

FEELVERYBIEN, as well as its partners involved in the use of the Digital Channels, may have to wholly or partially interrupt access to the Site and/or App for maintenance reasons necessary for its proper operation. The User will be informed wherever possible, and subject to the urgent nature of the operation, by information on the Digital Channel(s).

These maintenance interruptions will not give rise to any right to compensation, and the Digital Channel will be accessible as soon as the maintenance operation is completed.

Wherever possible, maintenance operations will be carried out outside working hours.

7. INTELLECTUAL PROPERTY

FEELVERYBIEN is the owner of the rights on all the elements present on the Digital Channels (in particular the texts, images and software, not including the elements transmitted by Users), which are protected by the French and international laws on intellectual property.

In addition, FEELVERYBIEN is the owner of all rights over the databases created via the Digital Channels – as the producer of said database – which may in particular contain information transmitted by the User. FEELVERYBIEN reserves the right to use this data for statistical purposes.

For all intents and purposes, FEELVERYBIEN undertakes, however, never to disseminate content whose privacy settings have been activated by the User.

FEELVERYBIEN is also the owner of the "Petit BamBou" trademark, which has been registered with the INPI and the WIPO, as well as domain names that are duly registered.

The User therefore agrees not to copy, reproduce or distribute all or part of the Site and App, in any form whatsoever, without FEELVERYBIEN’s express prior authorisation.

In general, the User agrees not to infringe any intellectual property rights belonging to FEELVERYBIEN.

FEELVERYBIEN reminds you that any infringement of the integrity and proper functioning of the Digital Channels may incur the liability of the perpetrator.

8. USER PUBLICATION

FEELVERYBIEN allows users to ask questions and/or post comments and/or suggest new features and programmes :

• For the Site. This possibility is offered via the "Customer service" section of the Site, hosted by Zendesk, available at the following address : https://support.petitbambou.com/hc/en.
• For the App. his possibility is offered via the "Assistance" section, available in the settings, through which direct contact with the customer service department, and access to a Forum, are possible. On said Forum, Users can make suggestions for programmes and features, and discuss these suggestions or their practice.

In his/her publications, the User is required to respect the rules of Netiquette as well as the rules of law in force. FEELVERYBIEN has the right to exercise pre-moderation on the publications and can refuse their display online without having to provide justification.

The User retains all intellectual property rights. However, any publication on the Digital Channels implies the delegation of the non-exclusive and free right to the publishing company to represent, copy, edit, adapt, distribute and broadcast the publication anywhere and on any medium for the duration of the intellectual property. This can be done directly or through an authorised third party. It particularly includes the right to use the publication on the web and mobile phone networks.

Each time it is used, FEELVERYBIEN undertakes to mention the User's name near the publication.

The User is responsible for any content s/he posts online. The User undertakes not to publish any content likely to harm the interests of third parties. Any legal proceedings brought by an injured third party against FEELVERYBIEN shall be borne by the User.

FEELVERYBIEN may remove or edit User Content at any time, for any reason and without notice.

9. PERSONAL DATA

FEELVERYBIEN, whose contact details are given above, is qualified as the data controller.

In this respect, FEELVERYBIEN undertakes to comply with the provisions of Act No. 78-17 of 6 January 1978, as amended, on information technology, data files and civil liberties, as well as Regulation 679/2016 of 27 April 2016, on data protection.

For further information and to exercise your rights, the User can refer to the Privacy policy accessible here.

FEELVERYBIEN may not be held liable for the consequences of the deactivation of the Service, in particular in the event of data loss.

10. LIABILITY

Although the information published on the Site and/or the App is deemed reliable, FEELVERYBIEN reserves the right not to guarantee the reliability of the sources.

The information published on the Digital Channels is provided for information purposes only and has no contractual value. Despite regular updates, FEELVERYBIEN may not be held liable for any changes in administrative or legal provisions that occur after publication. The same applies to the use and interpretation of information communicated on the Digital Channels.

FEELVERYBIEN accepts no responsibility for any viruses that may infect the User's computer equipment after using or accessing the Digital Channels.

FEELVERYBIEN may not be held liable in the event of a force majeure situation or the unforeseeable and unavoidable act of a third party.

FEELVERYBIEN does not fully guarantee data security and privacy. However, FEELVERYBIEN undertakes to implement all necessary methods for doing so to the best of its ability.

FEELVERYBIEN can therefore provide no guarantee, express or implied, concerning the content of the Digital Channels.

Consequently, FEELVERYBIEN may not be held liable for any damages, direct or indirect, resulting from any errors, inaccuracies or omissions in the content of the Digital Channels.

11. HYPERLINKS

The Digital Channels may contain hyperlinks. By clicking on them, the User will exit the Site and/or the App. FEELVERYBIEN has no control over, and cannot be held liable for: (a) the availability, (b) personal data protection practices, (c) the content, advertising, products, goods or other materials or resources available on or from such sites/services, or (d) the use that others make of such sites and services.

12. FORCE MAJEURE

FEELVERYBIEN may not be held liable in the event of a force majeure situation, if it meets the requisite conditions laid down in law and the case-law to qualify as force majeure under French law.

However, the parties agree that the following events shall be deemed to constitute force majeure situations: stoppage of energy supply, failure and/or interruption of communication networks including Internet access, breakdown and/or sabotage of telecommunications means, acts of computer hacking, fire, lightning, flooding and other natural disasters, water damage, extreme weather, damage, epidemic, riot, war, civil war, insurrection, attack, explosion, act of vandalism, total or partial strike and lock-out external to FEELVERYBIEN.

These different events shall constitute force majeure situations whether they concern FEELVERYBIEN, its suppliers or partners.

13. WARRANTY

FEELVERYBIEN is bound to the User only by an obligation of means and provides no warranty, express or implied, including any warranty of quality and fitness for a particular purpose regarding use of the Digital Channels by Users and any warranty with respect to information and data provided by Users and obtainable via the Digital Channels, in particular as to its accuracy and reliability.

Use of the Service is done at the User's sole risk.

14. CLAIMS - DISPUTES

This Contract is governed by French law.

Each User may notify FEELVERYBIEN of a complaint or objection relating to elements or contents present on the Digital Channels by post at the address indicated at the top of this document and by email at the following address :onestlapourvous@petitbambou.com.

This complaint must include all the elements justifying the unlawful nature of the content in question.

Any dispute between the parties relating to the conclusion, interpretation, performance or termination of the Contract for any reason whatsoever, as well as any consequences that may result therefrom, shall be submitted to the courts located within the jurisdiction of FEELVERYBIEN's registered office, notwithstanding warranty claims or multiple defendants, including in the case of emergency or precautionary proceedings, whether interim or by application.

Users are also reminded that in the event of a dispute, they may access the European online dispute resolution (ODR) platform accessible at the following address : https://ec.europa.eu/consumers/odr

Last updated on : 01/12/2024