The company Studio Tergimax / SIRET 82846197000018 manage a mobile application named “TFH-Animated” (the “Application”) and its related website (the “Website”).
This application provides its users features to facilitate the study and practice of Touch for Health. These users declare they take all the necessary measures to practice Touch for Health.
1. How this agreement works
1.1. The present Terms of Service (the “ToS”) apply between Studio Tergimax and any physical or moral person which use the mobile application TFH-Animated (the “User”).
1.2. The present ToS aims to define the conditions in which the Users can reach the Application and use it, as well as the rights and obligations of Studio Tergimax and the User in the context of the Application usage.
1.3. The fact that the User validates the text “I Agree” means the User knows and accepts, without condition, the present ToS applicable to the Application as described below. The only exception is when the law in the country of the User contradicts clauses of these terms. In this case, and only for the contradicted clauses, the law applies instead of the ToS.
1.4. Studio Tergimax is free to modify, at any moment and without prior warning, the present ToS. It will be done mainly to take in account any legal, editorial and/or technical evolution.
Studio Tergimax will inform the User about these modifications by e-mail and/or at next updating of the Application by the User.
The fact the User continues to use the app after being informed of the ToS modification means the User accepts the modification of the ToS. The version of the ToS which is valid is the one present in the Application.
1.5. In the hypothetical case where one of the clauses of these ToS will be declared illegal by the law in the country of the user, only this clause should be ignored. The legality of all the other clauses will still stand.
1.6. The present ToS indicate all the obligations of both parties, if no other document or contract applies.
2. Application content
2.1. Application description
TFH-Animated is a mobile application allowing its Users to have access to Touch For Health knowledge.
The Application offers various information about Touch For Health . Studio Tergimax try to offer to the users the most pertinent and up to date content. This content can change over time and can be interpreted, and Studio Tergimax can not be responsible in the case of inaccuracy, omission or error.
Studio Tergimax keep the right to offer any other service it will think useful, in any form.
2.2. Application User
The User has to be a physical person of more than 17 years old or a moral person officially registered, to have the juridic capacity to subscribe to the desired services and to be the owner of a credit or debit card.
The Application is available only to people which declare that they take all the necessary precautions to practice Touch For Health .
2.3. Download of the Application
The Application is downloadable and usable on smartphones and tablets.
The User has to download the Application from the appropriate download platform, adapted to the electronic equipment of the User, and under its own and unique responsibility. This download is under the terms of service of the download platform.
2.4. Payment modality
2.4.1. The access to the Application features is paid.
These features can be acquired by the User separately and/or in packs containing various features valid for one or various devices. The packs of features, with the maximum number of devices on which they can be activated, are detailed inside the Application and in the Website.
To gain access to the paid features of the Application, the User needs to pay the total amount(s) of money displayed on the download platform or on the Website at the moment of the order, determined by the number of features and/or packs selected by the User.
2.4.2. Studio Tergimax may change the packs’ availability, content, number of device and price and the features individual availability, number of device and price at any moment and without prior warning.
2.4.3. Application updates that Studio Tergimax may publish can be downloaded for free. When it is updated, the Application offers new features to the User, which can be either free or paid. The new features offered by the Application can be freely downloaded through the same download platform it was downloaded the first time.
To get access to and use the paid features of the updated Application, the User needs to pay the total amount(s) of money displayed on the download platform or the Website at the moment of the order, determined by the number of features, the number of concerned devices and/or packs selected by the User.
2.4.4. Prices are displayed in the currency of the User country, if available. If not, it will be displayed in the most relevant currency found. Prices inside the app are only for information, the real prices are the one on the download platforms and the Website.
The prices on the download platform or the Website can be with taxes included or not. For details about that please refer to the download platform terms or to the pricing details on the Website.
2.4.5. In case of payment through a download platform, Studio Tergimax decline all responsibilities regarding the payment of the Application or any of its paid packs or features. This responsibility is exclusively the concern of the download platforms, which have authority of all the payment conditions and modalities regarding these payments.
The responsibility of Studio Tergimax can never be involved in this subject.
2.5. Application use
2.5.1. The present Application offers the necessary technology for its access and use, but the presence of a virus or other dangerous elements, introduced by any mean or anyone, which can alter the device of the User, can not be excluded.
2.5.2. Studio Tergimax keep the right to modify, at its own will and without prior warning, at any moment, the configuration of the Application, the services and the offered content, like the right to eliminate, limit, suspend or forbid access, temporarily or indefinitely.
2.5.3. Before accessing the Application for the first time, the User must accept the terms of the notice displayed in the pop-up window, written in the following terms: « For any health problem, please refer to your attending physician or other authorized competent authority. Persons who use the techniques and procedures described below do so on their own initiative and under their entire responsibility.
3. Responsibility limitations
3.1. The User accepts that the information, and more generally, all the available content in the Application are given for information purposes only, to allow an optimal use of the Application, but can not involve the responsibility of Studio Tergimax.
3.2. Studio Tergimax does not guarantee, explicitly or implicitly, the proper functioning of the Application, especially regarding any technical problem.
3.3. Studio Tergimax can not be designated as responsible for the loss of information integrated or added by the User in the Application.
3.4. Studio Tergimax can not be designated as responsible for the User usage of the Application. The User has to be conscious of the medical impact of his/her actions and the effect that they could have on other people, and assure he/she takes all the necessary precautions, including the ones regarding security and hygiene regarding the Application use.
3.5. Studio Tergimax is not responsible for the non-respect of legal obligations by the User linked to what he/she does with the Application, especially when the User uses the Application to practice Touch for Health on people.
3.6. Studio Tergimax is not responsible for any incompatibility, malfunctioning or any other technical problems, between the services use of the Application and the equipment of the User.
3.7. Studio Tergimax can not be designated as responsible for the risks of virus contamination, intrusion attempt, etc., which can be generated by the use of the Application.
3.8. Studio Tergimax will do all its best to ensure the continuity of the service, but is under only a mean obligation. Studio Tergimax does not provide any guarantee, explicitly or implicitly, relative to the continuity and durability of the Application, to the performance of the Application, to the conformity or compatibility of the Application to a specific usage, to the quality or the absence of weakness or defect of the Application, to the eviction or to the non-violation of the laws and rules or present ToS of the Application by other Users.
3.9. The User agrees that his/her Application usage is at his/her own risk. The Application is provided “as is” and is available without any availability or regularity guarantee. Studio Tergimax will try to make the Application available 24h/24h and 7/7 days, but in case of force majeure or an event out of the control of Studio Tergimax and subject to maintenance periods, breakdown, technical hazards linked to the network nature or malicious acts or any violation of the material or the software of Studio Tergimax.
Studio Tergimax can interrupt, suspend or modify temporarily and without notice the access to the Application, in particular for security reasons, for resource restructuring, for maintenance or improvement of the Application or to improve the data availability through the Internet. As much as possible, Studio Tergimax will warn the User before this Application interruption. In all these cases Studio Tergimax will do its best to make the least possible Users affected by the interruption. Studio Tergimax can not be designated as responsible for the possible damages caused by these interruptions, including data loss.
3.10. Studio Tergimax can not be designated as responsible for an interruption of all or part of the Application, no matter the cause, the duration or the frequency of this interruption.
The User accepts that access to the Application may use Internet and that technical issues can affect the network and involve slowing down or unavailability perturbing or preventing the access to the Application.
3.11. In absolutely no cases can the responsibility of Studio Tergimax be involved in case of mistake, failure, omission or negligence of the User, in case of force majeure, events or accidents independent of Studio Tergimax’s will, like strikes, social troubles, natural catastrophes, fires, etc., and also in case of mistake, negligence or omission from a third party on which Studio Tergimax has no control.
3.12. No advice and no information, oral or written, obtained by the User from the Application is under any guarantee not explicitly written in the present ToS.
4. User obligations
4.1. The User commits to respect all laws applicable to the Application use.
4.2. The User is solely responsible for his/her Application use and the proper functioning of its device.
The User is informed and accepts that the installation of the Application needs to be connected to the Internet, and the quality of the Application depends directly of this connection, which the User is solely responsible for.
4.3. The User is also solely responsible for the protection of its device against any virus contamination, intrusion attempt, etc.
4.4. By accepting the present ToS, and more generally, by using the Application, the User acknowledges that he/she is conscious of the medical impact of his/her actions and the effect that they could have on other people, and assures he/she takes all the necessary precautions, including the ones regarding security and hygiene regarding the Application use.
The User acknowledges that the Application offers to him/her an additional solution, not alternative to an educational tool which can improve his/her knowledge and professional skills, and that this solution can not be considered as a substitute to other means the User has as his/her disposal to reach the same objective.
Moreover, in the hypothesis that the User discovers incorrect information, or more generally inexact, missing or mistaken content, he/she commits to inform Studio Tergimax as soon as possible, by sending an email to: contact@TFH-Animated.net
4.5. The User has the obligation to not try to make the Application malfunction.
4.6. Application usage is forbidden to Users which access has been voluntarily suspended or deleted by Studio Tergimax.
4.7. In the case of illegal actions taken by a User and/or in the case of the violation of the present ToS and/or any legal obligation, Studio Tergimax can immediately, without prior warning nor indemnity, suspend or cancel the access of the User to the Application and block his/her access, temporarily or definitively, to all or part of the Application. Studio Tergimax is authorized to pursue in justice all Application use which is not conform to the present ToS.
In the case of inappropriate behaviour of the User and/or non-respect of the present ToS, appreciated at the discretion of Studio Tergimax, Studio Tergimax may suspend or cancel the User access to the Application, without prior warning and without indemnities.
Studio Tergimax have also the right to pursue in justice every Application usage which do not conform to the present ToS.
5. Prohibited behaviour
5.1. It is strictly forbidden to use the Application for the following aims:
The exercise of activities which are illegal, fraudulent or harmful to the right and security of third parties ;
The breach of the public peace or violation of the law;
Any intrusion in the computing system or any other activities which can harm, control, interfere or intercept all or pieces of the computing system of a third party, violate its integrity or security ;
More generally, any activities editing the Application for aims that it has not created for.
5.2. It is strictly forbidden for the Users to copy and/or edit to their advantage or the advantage of third parties, the concept, the technologies, or any other element, whateversoever, of the Application.
5.3. Also strictly forbidden:
all behaviours aiming to interrupt, suspend, slow down or prevent the continuity of the Application ;
all intrusions or intrusion attempts in the systems of Studio Tergimax ;
any editing of the system resources of the Application ;
any act aiming to harm the rights and financial, commercial or moral interests of Studio Tergimax or the users of the Application ;
and finally, more generally, any disrespect of the present ToS.
5.4. It is strictly forbidden to trade, sell or give all or part of the access to the Application.
6. Intellectual property
Without exhaustiveness, the “TFH-Animated” brand and all its derivatives, the logos, the graphic design, the disposition, the information, the presentation and the content of the Application, including texts and information, are the exclusive property of Studio Tergimax.
The systems, softwares, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, sounds, logos, brands, databases, etc.) used by Studio Tergimax inside the Application are also protected by the intellectual property or rights of the database producers. All disassembling, decompiling, decrypting, extractions, re-use, copies or more generally any act of reproduction, representation, diffusion or use of any of its elements, in full or in part, without the authorization of Studio Tergimax are strictly prohibited and can be pursued in justice.
Any reproduction or representation, full or partial, of the Application or any component, such as the brand, the logos, the graphic design, the disposition, the information, the presentation or the contents of the Application (non-exhaustive list), is strictly forbidden.
The fact that the User has access to the Application does not include any transfer of intellectual property rights on the User.
7. Language
In the case of translation of the present ToS into one or more languages, the interpretation language will be the French language in case of contradiction or debate around the meaning of a term, a disposition or a clause.
8. Guarantees
The User guarantees Studio Tergimax against any complaint, reclamation, action and/or claim that Studio Tergimax could be subjected to, following the violation, by the User, of any of the obligations or guarantees in the present ToS.
The User commits to compensate Studio Tergimax for any harm it should endure and to pay all the costs, charges and/or convictions it could be subjected to in this matter.
10. Non-renunciation
The fact Studio Tergimax does not claim a failure or a negligence of the User to any contractual or legal obligations can not be interpreted as a renunciation to claim this failure or this negligence.
The fact for Studio Tergimax does not claim a stipulation of the ToS does not involve any renunciation to benefit from this stipulation.
11. Applicable law and jurisdiction
The present ToS are under French law.
Any dispute between Studio Tergimax and a User, in particular about the formation, the execution, the interpretation, the validity or the resolution of the present ToS, including all the conservatory procedures, the emergency procedures, in case of summary judgment, appeal, request or defendant plurality, will be handled by the Paris jurisdiction, unless this attribution of jurisdiction is not applicable because of the quality of one of the parties or because of a procedure.
