TERMS AND CONDITIONS OF SALE AND USE

V1 Updated January 21, 2022

PREAMBLE

HYPNOTIC ROCKET (hereinafter the « Company ») is a simplified stock corporation under French law with a capital of € 1,000. The company is registered in the Paris Trade and Companies Register under number 899 159 990. The company’s head office is located at 18 rue Commines, 75003 Paris, France. It is the editor of an application named « HAPPIZ » (hereinafter the « Application ») and of the related website, www.behappiz.com (hereinafter the « Website »).

The Application aims to offer hypnosis services (hereinafter the « Services ») to the users of the Website and/or of the Application (hereinafter the « User »). through several subscription options.

The Company and User as a whole will hereinafter be referred to as the « Parties ».

Accepting these terms and conditions of sale and use (hereinafter the « Terms and Conditions ») is a requirement to access and use of the Application and/or Website.

Consequently, before any use of the Application and/or Website, and especially before engaging in any subscription, the User needs to acknowledge the Terms and Conditions and fully accept them. In practice, the User expresses their agreement by checking the box labeled “I confirm that I have read and accept the Terms and Conditions”.

  1. Aim

The Terms and Conditions aim to regulate the terms of sale of subscriptions to the Services, the terms of use of the Application and Website by the User, as well as commitments taken by the Company pertaining to supplying the Services.

  1. Features of the Services

The Company offers a digital Service related to hypnosis. The content uploaded by the Company was created in collaboration with hypnosis professionals.

The content offered on the Application and the Services offered by the Company are only available for Users who are understood to be adults with full legal capacity, or Users aged 13 or more acting with the consent of their legal representatives, and meeting the conditions of article 8 of the Terms and Conditions.
If the User does not meet this definition, they are strictly forbidden from using the Application, the Website or the Services offered by the Company.

The User's experience, as hereinafter defined in the Terms and Conditions, is designed in particular on the basis of the answers given by the User to the questionnaires given by the Company on the Application, in order to personalize the services provided to the User and to best meet their needs. To this end, the User commits to reply truthfully to the questions asked.

Under no circumstances may the advice or the information shared by the Application be considered as a medical diagnosis. The User expressly acknowledges that the information communicated to them and the support offered by the Application on the basis of the information they have provided cannot replace the support of a healthcare professional.

The purpose of the Application and the Services it offers is to provide the most effective support possible to meet the needs identified by the User.

  1. User’s experience

3.1. Creating an account

In order to gain access to the Services offered by the Application, the User must create a personal account.

During their first login to the Application, the User can choose to create their own account, either by entering the details of their personal Apple or Google account, or by means of a standard registration form, by entering the information requested by the Company via a registration form.

When an account is created via the registration form (without using data from a pre-existing Apple or Google account), the User must fill in the mandatory data for the creation of their account to be taken into account, i.e. their surname, first name, date of birth, a valid e-mail address and a secure password.

A User’s account is personal, and each User must have only a single account.

Once registered, a User may browse the Application and access the content and Services corresponding to the offer they choose.

3.2. Identifying the needs of the User and personalization of their program

The Application aims to answer to meet the User’s needs in terms of well-being and personal development. Each time they use the Application, the User may, if they wish, answer certain questions set by the Company for the sole purpose of offering them tailored content.

The content available on the Application is regularly updated.

3.3. Paid subscription

Three types of subscription are available, depending on the current offer.

  1. Monthly offer with tacit renewal

The monthly subscription is non-binding and renewable by tacit agreement. Depending on the offer and its current price, the User may benefit from a free trial of several days and will only be charged the first monthly installment once this trial period has expired.

A monthly subscription gives the User unlimited access to Happiz content.

The User charged monthly starting from the date of their subscription.

  1. Half-yearly offer with tacit renewal

The half-yearly subscription is non-binding and renewable by tacit agreement. Depending on the offer and its current price, the User may benefit from a free trial of several days and will only be charged the first half-yearly installment once this trial period has expired.

A half-yearly subscription gives the User unlimited access to Happiz content.

The User is charged half-yearly starting from the date of their subscription.

  1. Annual offer with tacit renewal

The annual subscription is non-binding and renewable by tacit agreement. Depending on the offer and its current price, the User may benefit from a free trial of several days and will only be charged the first annual installment once this trial period has expired.

An annual subscription gives the User unlimited access to Happiz content.

The User is charged annually starting from the date of their subscription.

3.4. Availability of the Application, Website and Services

To access the Application and/or the Website, the User must have a broadband Internet connection.

The Company does its best to provide continuous access to the Services via the Application and/or the Website. However, the Company shall not be held liable for any temporary interruption of access to the Services, the Application, or the Website, beyond its control and resulting from external technical constraints.

Where necessary, and in particular to remedy any technical difficulties, the Company reserves the right to temporarily suspend access to its Services, for which it shall not be held liable.

The User acknowledges and expressly accepts that access to the Application, the Website and therefore to the Services may be restricted for any technical or update operation, and to develop the content of the Services.

In the event of an error or malfunction in the Services, the User is asked to report it to the Company via the "Report a bug" function in the Application menu or via the email address contact@behappiz.com.

  1. Prices and terms of payment

Prices for products and services are given in euros, including all taxes. The prices of products and services are those in use at the time of subscription by the User.

On mobiles or tablets running IOS, the payment method is managed by Apple. On mobiles or tablets running Android, the payment method is managed by Google. Please note that if you subscribe via the App Store (Apple), your subscription is subject to Apple's applicable payment policy. If you subscribe via the Google Play Store, your subscription is subject to Google's applicable payment policy.

In the event of tacit renewal, the rate in effect at the date of the renewal in question is fully applicable, which the User expressly accepts.

Information communicated by the User to the Company for the purpose of paying for a subscription is not retained by the Company.

Terms of payment are as follows:

  • Monthly subscription: this subscription implies a monthly direct debit on the chosen payment method. Payment will be withdrawn monthly by direct debit on the anniversary of the subscription date. If the User is on a trial period, the first payment will be taken at the end of the free trial period.
  • Half-yearly subscription: this subscription implies a half-yearly direct debit on the chosen payment method. Payment will be withdrawn every six months by direct debit on the anniversary of the subscription date. If the User is on a trial period, the first payment will be taken at the end of the free trial period.

  • Yearly subscription: this subscription implies a yearly direct debit on the chosen payment method. Payment will be withdrawn every twelve months by direct debit on the anniversary of the subscription date. If the User is on a trial period, the first payment will be taken at the end of the free trial period.

Whichever paid subscription formula is chosen, the User authorizes the Company and the relevant payment service provider to debit the payment method chosen by the User when the subscription is made and at renewal dates.

The User commits to keeping up to date the information and means of payment required for the execution of payments. Failing this, and in the event of non-payment, the subscription will be suspended until the situation has been rectified by the User.

  1. Terms of delivery

Once the subscription has been taken out and the corresponding payment method has been entered, the User will have access to the content corresponding to the chosen offer via the Application.

The Company shall not be held liable for any inaccessibility to the Services offered caused by the User's lack of equipment (poor Internet connection, incompatible cell phone).

  1. Right of withdrawal and cancellation

To find out how to exercise your right of withdrawal, the User can simply send an email (contact@behappiz.com) to the contact details given in article 11 of the Terms and Conditions. Please note that if you subscribe via Apple’s App Store or our iPhone application, your subscription is subject to Apple's applicable payment policy. Following payment for the purchase of a subscription via Apple services, you will receive an email detailing their General Terms of Use and your right of withdrawal. You can also find this information in your App Store account settings. If you subscribe via the Google Play Store, your subscription is subject to Google's applicable payment policy. Following payment for the purchase of a subscription through Google services, you will receive an e-mail communication detailing their Terms of Use and your right of withdrawal. You can also find this information in your Google Play Store account settings.

Users may cancel their Happiz subscription at any time. If you purchase a subscription through Apple’s iTunes Store or our iPhone application, you may cancel and terminate your subscription by canceling the automatic renewal of paid in-App subscriptions by selecting "manage subscriptions" in your App Store account settings and choosing the subscription you wish to terminate, or by complying with the applicable procedure indicated by the App Store. If you purchase a subscription through the Google Play Store, you can cancel and terminate automatic renewals by accessing subscriptions in your account settings on your Google Play application, or by following the current procedure indicated by Google Play. You may request assistance at any time simply by sending an email (contact@behappiz.com) to the contact details given in article 11 of the Terms and Conditions.

The Company reserves the right to suspend and terminate any User's subscription if it becomes aware of any fraud or breach by the User of these Terms and Conditions. We may exceptionally suspend or terminate use of the Services for cause, in particular in the event of fraud on the User’s part. Such termination or suspension may occur with immediate effect and without notice if it appears that the Company could not reasonably have informed you in advance about its interests and your own, given the circumstances of that particular case.

  1. Intellectual property

The Content of the Website, the Application and the Services is protected by intellectual property rights and more particularly by trademark rights and copyrights.

The HAPPIZ brand is a registered trademark of the Company. Any reproduction, use, reference or exploitation of this trademark, in whole or in part, is strictly prohibited.

Unless otherwise stated, the entire content of the Application and the Website is the exclusive property of the Company.

Any reproduction, distribution, modification, downloading, copying, storage or adaptation of all or part of the contents of the Application, the Website, or the podcasts found on the Application is strictly forbidden without the prior written authorization of the Company.

Any unauthorized use of these elements or of any of the elements protected by the Company's intellectual property rights will be considered as an infringement under the applicable provisions of the French Intellectual Property Code.

The User undertakes to use the contents of the Application, the Website, and the Services only in a strictly private context and in accordance with the conditions of the subscription to which they have subscribed. Any use for commercial, professional, or advertising purposes is strictly forbidden.

Subscription by the User does not imply any transfer of ownership of the content made available in the Application or on the Website, but simply gives the User a personal, non-transferable and non-assignable right to use the content and Services made available by the Company within the limits of the subscription taken out by the User.

The User therefore only has a license to use the Services made available by the Company via the Application and the Website, which is subject to compliance with the Terms and Conditions. The license granted is personal, non-exclusive, non-transferable and revocable in the event of non-compliance by the User with the Terms and Conditions.

  1. Guarantees

By creating an account on the Application and/or the Website and by using the Services offered by the Company, the User guarantees and undertakes to:

  • Provide accurate personal information in their own interest and refrain from using any personal information of third parties.
  • Be 18 years of age and legally capable of contracting with the Company or be at least 13 years of age and have the consent of their legal representatives.
  • Before using the Application Service, the User acknowledges and agrees that they have no contraindications to hypnosis, in accordance with article 9. The opinion of a health professional or doctor is required to ascertain whether or not there are any contraindications to hypnosis.
  • Update personal information as necessary.

  1. Medical Disclaimer and Limitation of Liability

The User expressly acknowledges and agrees that the Company is a provider of online hypnosis experience Services and can in no way be considered a medical device. The Company does not guarantee any results or performance on the User's condition in connection with the use of the Services. The information provided by the Company to the User is for informational purposes only and is not a substitute for professional medical advice.

If the User considers that they are suffering from a medical condition, they should first consult their physician. Before using the Application or the Website and Services, the User expressly declares and undertakes that they have no contraindications to hypnosis, in accordance with article 8 of the Terms and Conditions. In case of doubt, the User must consult their physician.

Consequently, the Company cannot be held responsible for the User's state of health in relation to their use of the Services.

  1. Entry into force and amendments

The Terms and Conditions come into force as soon as they are posted on the Application and the Website.

The Company reserves the right to modify the Terms and Conditions at any time, especially to reflect changes in the Services offered by the Company.

Continued use of the Website and Application by the User after modification of the Terms and Conditions implies acceptance of the modifications made to the Terms and Conditions.

In the event of a modification to the Terms and Conditions having an impact on the conditions of a current subscription, the Company will inform the User, who may cancel their subscription for the future, without penalty.

  1. Contact

Pour toute suggestion, réclamation ou demande d'information en lien avec l'utilisation de l'Application, du Site ou des Services, l'Utilisateur peut contacter la Société :

  1. Personal data – privacy policy

Details of how the User's personal data is processed can be found in the Data Privacy Policy available on the Application and on the Website, in the "Privacy Policy" section.

  1. Miscellaneous

The invalidity or unenforceability of any provision of the Terms and Conditions as determined by a court of law shall not affect the other provisions of the Terms and Conditions.

The Terms and Conditions represent the entire agreement between the Parties.

  1. Applicable law

The Terms and Conditions are governed by French law.

The language to be taken into account for their interpretation is French.

In the event of a dispute arising from the use of the Services, the Application or the Website, the parties will do their best to find an amicable solution.

In the event of a dispute, the matter will be referred to the competent courts of Paris, to hear any dispute relating to the interpretation, application, performance, termination and consequences of the Terms and Conditions and, more generally, any dispute arising from the use of the Website or the Application.