1. Who is LAPLACE SAS?
a. It is a company based in Reims, France. Its office is located at the following address: 58 Avenue du Général Eisenhower - 51100 Reims - France b. LAPLACE SAS publishes the MEERIAD software: it is accessible remotely via the web (in SAAS mode: Software As A Service) or by downloading a mobile application available on the Google Play Store (Android) or the App Store (iOS). c. MEERIAD is a software dedicated to businesses. d. The subscription and use of MEERIAD implies acceptance of our Terms & Conditions of use.
2. Meeriad, what is it?
a. MEERIAD helps improve team cohesion within companies by encouraging the practice of sports together through hundreds of yoga or fitness classes available in videos where practitioners are guided in particular by professors and professional athletes. b. MEERIAD thus helps teams relieve stress and anxiety through the practice of meditation and mindfulness. c. The functionalities, type and number of services offered by MEERIAD may change over time. d. MEERIAD is available as a subscription, the Terms & Conditions of which are described on our website.
3. Who can subscribe to MEERIAD?
a. MEERIAD is intended for companies. b. If you subscribe to MEERIAD, you waive your right to invoke the rules of consumer law.
4. What is the purpose of these Terms & Conditions of Use?
a. The Terms & Conditions are the contract you enter into with us to use MEERIAD: they set out the obligations that the parties must meet in order to use MEERIAD. b. Annexes can be added to it according to your needs.
5. What does “SAAS mode” software means?
a. MEERIAD is offered in “Software As A Service” (or “SAAS”) mode. That is, it is hosted remotely and not on your electronic device. Thus MEERIAD can evolve flexibly over time since updates are done for all Users at the same time and remotely without you having to do anything. b. Any major evolution of MEERIAD is preceded by information for the attention of Users.
6. How to subscribe to MEERIAD?
a. The subscription to MEERIAD is done after having read the Terms & Conditions and having provided the data necessary for your registration. b. If this information changes later, you need to update it.
7. What are my rights as a User?
a. For the duration of your subscription, you have the right to use MEERIAD worldwide. b. Unless otherwise specified, the license holder is the one who pays the subscription. c. Our solution is 100% original: we guarantee that MEERIAD is not a counterfeit and that you can use it commercially: LAPLACE SAS gives you its full guarantee in the event of fault on its part on this specific point.
8. What are the restrictions?
a. You do not have the exclusivity to use Meeriad. b. MEERIAD can, as part of your subscription, be used by your teams. But you cannot assign or sublet your subscription to a third party. c. If MEERIAD allows a wide graphic customization, you must not however conceal or modify the visuals allowing to identify the paternity of MEERIAD which must always be identifiable as the author of the software. d. MEERIAD is designed to provide its Users with an optimal experience within the European Union. The use of the application outside this geographical area is likely to be impaired, in particular due to connection speeds less suited to the requirements of the software.
9. How is the proper functioning of MEERIAD ensured?
a. LAPLACE SAS provides maintenance for Meeriad. b. "Corrective maintenance" aims to ensure the normal operation of the software by correcting any malfunctions. "Evolutionary maintenance" aims to improve the functionalities of MEERIAD or to develop new ones. c. The correction of anomalies is done by remote interventions. d. All corrections and changes made to MEERIAD are subject to the Terms & Conditions. e. The functioning of MEERIAD may be disrupted to allow the interventions necessary for its proper functioning or its evolutions. These interventions are carried out as much as possible on days and times that do not affect the activity of Users. f. If an intervention is planned, you are informed. g. By accepting the Terms & Conditions, you waive the liability of LAPLACE SAS for the possible consequences of the unavailability of MEERIAD during these periods necessary for its development and / or improvement. h. No tariff discount is granted for these interventions.
10. Limitations of liability
a. By accepting the Terms & Conditions, if you demonstrate that we have committed a fault during the contract, you waive any request from LAPLACE SAS for more than compensation for the financial consequences of direct and foreseeable damage caused by our fault. b. By accepting the Terms & Conditions, you waive your right to seek compensation from LAPLACE SAS for indirect or unforeseeable losses or damages of any kind. c. In addition, apart from cases of typical violation of our contractual obligations towards you, you accept that LAPLACE SAS's liability is limited to a ceiling equal to the reimbursement of the last year of subscription that you have paid, or in the event of taking in charge of the claim by our insurer, to the compensation ceiling actually paid by it. d. By accepting the Terms & Conditions, you agree to be solely responsible for the damages suffered as a result of fraudulent or malicious use of your credentials. e. No legal action can be taken by one party against another party after the period of one year after the birth of a dispute.
11. Total exclusion of liability
a. No party to the contract can be held liable if it has failed in its obligations due to a case of force majeure. b. The liability of LAPLACE SAS is totally excluded in the following cases:
- In the event of interruptions and / or slowdowns of the networks used for the operation of Meeriad.
- In the event of breakdowns affecting the host of the servers hosting Meeriad.
- In the event of any non-compliant use of MEERIAD for its destination or its documentation
- In the event of modification or attempt to modify MEERIAD by you directly or by a third party,
- In the event of your breach of your contractual obligations
- In the event of implementation or attempted implementation within MEERIAD of any third party software, software or operating system not endorsed by LAPLACE SAS.
- In case of use of incompatible terminals,
- In the event of failure of electronic communication networks,
- In the event of a deliberate act of degradation, malicious intent, sabotage,
- In the event of deterioration due to force majeure or improper use of the Software.
- In the event of use of MEERIAD for purposes contrary to international agreements and / or laws and / or regulations.
12. Use of MEERIAD while on the move
a. You must take all necessary precautions to ensure that your safety and that of others are not endangered by your user behavior. b. We recommend that you do not use MEERIAD in a mobile situation such as, but not exclusively, when traveling on foot. c. For the sake of road safety, LAPLACE SAS would like to remind you of the ban on any vehicle driver from using their phone even when stationary, when it is inserted in road traffic. In particular, the content of Article R412-6-1 of the Highway Code is recalled: "The use of a hand-held telephone by the driver of a vehicle in circulation is prohibited. The fact, for any driver, of contravening the provisions of this article is punished by the fine provided for the contraventions of the second class. This contravention automatically gives rise to a reduction of two points of the driving license. ". d. By accepting the Terms & Conditions, you waive the liability of Laplace SSAS for facts related to any damage caused to the User and / or to third parties due to the violation of basic safety rules and / or the highway code.
13. Health information
a. There is no particular risk known to the use of our application. b. However, LAPLACE SAS wishes to implement a precautionary principle by delivering the following warning message. c. It is your responsibility to ensure that your state of health and your physical condition are compatible with the practice of the exercises presented on Meeriad. d. It is your responsibility to check that all the conditions related to the environment where you wish to practice these exercises are met to avoid the risk of injury to you and / or others. e. By accepting the Terms & Conditions, you waive the liability of LAPLACE SAS for any direct or indirect physical damage linked to the replication of the physical exercises that can be viewed on Meeriad. f. If while viewing the exercises and / or reproducing them, you experience any of the following symptoms: dizziness, blurred vision, twitching of the eyes or muscles, loss of consciousness, orientation problems, involuntary movement or convulsion, we will help you. recommend discontinuing use of the application and contacting your doctor.
14. Data controller
a. LAPLACE SAS may need to collect personal data for the signing of these Terms & Conditions. With regard to this data, LAPLACE SAS takes the necessary measures to ensure the protection, confidentiality and security of this transmitted data in compliance with the applicable legal provisions and in particular for France the provisions of articles 34 and 35 of the Data Protection Act. and Liberties n ° 78-17 of January 6, 1978 modified. b. LAPLACE SAS undertakes to comply with the regulations in force within the State where the Client's concerned entity is established, as well as within the State where said data will be kept. c. LAPLACE SAS limits access to personal data to certain named persons, and provides increased protection against any use inconsistent with their intended purpose. d. Regarding the data collected for the conclusion of the Terms & Conditions, LAPLACE SAS respects the confidentiality policy accessible online from its website.
15. Payment of the subscription
a. Use of the software is billed as indicated on the website in the "Prices" section. b. In the event of non-payment at the agreed term, LAPLACE SAS will apply to the User a late payment penalty equal to 3% of the legal interest rate and this, without a formal notice being necessary (article L441-6 of the code of business). c. The non-payment of an invoice by its due date immediately renders all the sums due by the User payable. d. The User may have to pay in addition a lump sum compensation for recovery costs due to LAPLACE SAS in the event of late payment, in accordance with article 121-II of law no.2012-387 of March 22, 2012, set at 40 € by decree n ° 2012-1115 of October 2, 2012. Rates are subject to revision on January 1 of each year according to the SYNTEC index.
16. Evolution of the Terms & Conditions
a. LAPLACE SAS may change the Terms & Conditions during the subscription. b. If this happens, you are notified. c. By accepting the Terms & Conditions you acknowledge and agree that by continuing to use MEERIAD after receiving this information, you are deemed to have accepted the evolution of the Terms & Conditions. d. If you inform LAPLACE SAS that you refuse this change, your subscription is terminated. e. The deadline for deleting the account is then conditioned by your length of use of MEERIAD:
- The account is deleted within 1 month for any subscription whose seniority is less than or equal to 12 months.
- The account is deleted within 3 months for any subscription whose seniority is greater than 12 months but less than or equal to 18 months.
- The account is deleted within 6 months for any subscription with a seniority of more than 18 months.
17. Terms of termination
a. The terms of termination of the subscription depend on your initial subscription method:
- Subscription purchased individually: directly by canceling the automatic renewal by selecting “manage subscriptions” in your iTunes account settings (Call Store - iOS). Via Google Play Store (Android), you can cancel automatic renewals in the account settings in the Google Play app, or according to the current process described by Google Play.
- Subscription taken out by the company for the benefit of its employees: by contacting us directly by email or phone.
b. If you decide to terminate your subscription early, LAPLACE SAS will not reimburse the remaining subscription period. c. If one party fails to fulfill its obligations, the other party may send it a formal notice to remedy the situation by registered mail with acknowledgment of receipt indicating the nature of its breach and the deadline for remedying it. d. If the defaulting party does not perform within ten (10) days of the date of sending the formal notice, the non-at-fault party may then unilaterally, and automatically invoke the termination of the contract for damages and grievances. from the other party. e. The fact that the non-offending party does not use its unilateral right of termination in one of the cases provided for in the Terms & Conditions cannot be considered as a waiver on its part of the possible exercise of using this right subsequently. f. The exercise of the right of termination of either party in the cases provided for in this contract, does not affect their respective right to exercise any action or procedure that it deems useful, nor to that of claiming compensation before the competent courts for the damage she considers to have suffered.
18. Intellectual property
a. Our website and our application are made up of numerous elements which generate rights for our benefit. So by way of example but without being exhaustive: graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting, etc. You cannot therefore use them without our prior written permission. b. The violation of this rule is punished in particular by articles L.3335-2 and following of the Code of the intellectual property. c. LAPLACE SAS benefits from the "rights of database producers" referred to in Book III, Title IV, of the Intellectual Property Code (Law No. 98-536 of July 1, 1998) relating to copyright and databases and in particular the protection of Article L341-1 of the Intellectual Property Code providing that "The producer of a database, understood as the person who takes the initiative and the risk of the corresponding investments, benefits from a protection of the content of the database when the constitution, verification or presentation of it attests to a substantial financial, material or human investment. This protection is independent and is exercised without prejudice to those resulting from copyright or any other right on the database or one of its constituent elements. ".
a. The exchanges by electronic mail between the parts are worth proof. b. All technical information concerning the software, as well as electronic exchanges of any kind between the parties (in particular by e-mail, internal message to the departments, etc.) may be kept and archived by each of the parties for probative purposes. c. The invalidity of a provision of the contract does not affect the validity of the other obligations. The parties negotiate the necessary replacement arrangements. d. LAPLACE SAS has taken out insurance covering all material and immaterial damage resulting from the performance of its services by its staff or collaborators with a well-known solvent company. e. By subscribing to these Terms & Conditions, you authorize LAPLACE SAS to mention your use of MEERIAD for its commercial communication.
20. Competent law
a. The Contract is subject to French law. All legal proceedings must take place in the courts of the Paris Court of Appeal. b. In the event of a dispute between them, the parties must attempt an amicable settlement, except for serious misconduct on the part of a party justifying termination without request for prior correction. c. If an agreement is not reached within 30 days of the attempted amicable settlement, the parties regain their freedom to take legal action.
21. Force majeure
a. No party will be liable for the non-performance of its obligations if and to the extent that such non-performance results directly from a case of force majeure. b. The party invoking the case of force majeure must notify the other party within two working days of the cessation of said case of force majeure. c. The non-performance of the contractual obligations of the parties, effectively affected by the case of force majeure, is suspended for the duration of the persistence of the said case of force majeure as well as the time for the resumption of performance of the affected obligations. d. The parties will come together to examine any corrective measures to be taken to deduce the consequences of the case of force majeure. e. However, if the case of force majeure continues beyond a period of fifteen consecutive days, the party creditor of the unfulfilled obligations may terminate the contract with immediate effect by written notification, without either party being able to claim to any compensation for this fact.