T&Cs – Healysa

TERMS AND CONDITIONS

(UPDATE JUNE 2020)

BEING PREVIOUSLY EXPOSED AS FOLLOWS

These General Terms and Conditions of Sale (hereinafter “ the T&Cs ”) reproduced below define the rights and obligations between:

the company Smart Connected Activities , LLC with a capital of 15,000.00 USD whose registered office is located at 18151 NE 31st Ct, Ste 1407, Aventura, FL-USA (33160), registered under number 83-3287989, represented by its President (hereinafter “ HEALYSA ” or “ the Company ”),

and any (non-professional) consumer customer within the meaning of consumer law (“ the Customer ”),

Hereinafter referred to collectively as the “ Parties ” and individually as the “ Party ”,

As part of the marketing on the site www.Healysa.com (hereinafter “ the Site “) a “Children” or “Seniors” Telephone and GPS watch, an “Animals” GPS tracker, and a telephone subscription (hereinafter ” the Healysa Subscription “) allowing the Customer to call with the watch, Track the position with the GPS, and access real-time geolocation services through the Healysa WEB Platform or the Healysa Android or IOS Mobile Application and to use the associated services (hereinafter ” Watches, Trackers, Accessories, Services or HEALYSA Subscriptions ”) throughout the duration of the agreement (hereinafter “ the Contract ”).

Any service performed by HEALYSA implies the Customer’s unreserved adherence to the GCS.

SECTION 1. ACCESSIBILITY OF THE SITE AND SERVICES

1.1. The Site is open to all users of the Internet network in principle accessible 24 hours a day, 7 days a week, except for interruption, scheduled or not, by the Company or its service providers, for the purposes of its maintenance or in the event of force majeure.

The Company cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site or the Web platform.

1.2. The Company does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, it may freely determine any period of unavailability of the Site or its content.

SECTION 2. REGISTRATION ON THE SITE

2.1. The purchase of HEALYSA Watches, Trackers, Accessories, Services or Subscriptions requires the Customer’s prior registration on the Site.

2.2. The Client is required to verify the completeness and conformity of the information provided to the Company when subscribing.

2.3. The Company cannot be held responsible for any input errors and the resulting consequences, in particular with regard to the Customer’s delivery address.

2.4. The Client undertakes to provide his contact details (surname, first name, Client number) to the Company in all correspondence in order to facilitate the authentication and processing of his requests. Any incomplete request cannot be taken into account or processed by the Company.

SECTION 3. PURCHASE OF PRODUCTS – PAYMENT – PRICES – DELIVERY

3.1. HEALYSA Watches, Trackers, Accessories, Services or Subscriptions are available for purchase on the Site.

3.2. The price of Watches, Trackers, Accessories, Services or HEALYSA Subscriptions as well as the delivery costs are those which appear regularly on the Site. The prices of Watches, Trackers, Accessories, Services or HEALYSA Subscriptions include VAT.

3.3. The prices of HEALYSA Watches, trackers, Accessories, Services or Subscriptions and the delivery costs are subject to change at any time, but the changes will not affect the Orders validated by the Customer before the price change. A notification email will be sent to the Customer for agreement in the event of a price change or modification of the GCS.

3.4. The Customer may select as many Watches, Trackers, Accessories, Services or HEALYSA Subscriptions as he wishes which will be added to the digital basket (“Basket”).

3.5. The Basket summarizes the Watches, Trackers, Accessories, Services or HEALYSA Subscriptions chosen by the Customer, as well as the shipping costs applicable to the Order. The Customer may freely modify the Basket before validating his Order.

Validation of the Order implies acceptance by the Customer of the price of Watches, Trackers, Accessories, Services or HEALYSA Subscriptions, as well as shipping costs.

An Order confirmation will be sent by the Company to the Customer on the email address given by the Customer when registering on the Site.

3.6. Payment for HEALYSA Watches, Trackers, Accessories, Services or Subscriptions (hereinafter “ Payment ”) must be made by credit card via Paypal. Upon receipt of the Payment, the Company will send the Customer an Order confirmation. Failure to receive the Payment by the Company within 5 working days will result in the cancellation of the Order and the cancellation of the delivery of the products (hereinafter “the Delivery”) as well as the cancellation of the services offered. by HEALYSA.

A notification of cancellation of Order for lack of Payment will be sent to the Customer by the Company on the email address given by the Customer when registering on the Site.

3.7. The Company will deliver the HEALYSA Watches, Trackers, Accessories, Services or Subscriptions within a maximum period of 2 months, a period that HEALYSA undertakes to respect.

If HEALYSA fails to deliver the HEALYSA Watches, Trackers, Accessories, Services or Subscriptions, the Customer may terminate the Contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered HEALYSA, according to the same terms, to make the delivery within a reasonable additional period, the latter has not been executed within this period.

The Contract is considered resolved upon receipt by HEALYSA of the letter or writing informing it of this resolution, unless HEALYSA has performed in the meantime.

SECTION 4. AVAILABILITY OF WATCHES – LOSS – THEFT

4.1. Watches, Trackers, and Accessories are available as long as they are advertised on the Site.

4.2. In the event of loss or theft of the Watch, the Tracker, after delivery, the Customer undertakes to immediately inform the Company by registered letter with acknowledgment of receipt accompanied by a copy of the report drawn up by the police services. . The Company will then suspend the line (GSM telephone subscription) from which the Customer’s product benefits as soon as possible.

However, the Subscription fees remain due by the Customer to the Company until the end of the current Subscription.

4.3. The Company will proceed, upon receipt of payment of the sale price of the new or replacement Watch, which will be invoiced to the Customer at its sale price before dispatch, to the replacement of the Watch, the Tracker and the activation of a new GSM line.

4.4. The Company cannot be held responsible for the consequences of an inaccurate statement or statement from a third party who has usurped the Customer’s identity.

SECTION 5. WITHDRAWAL – RETURN

Principle

In accordance with Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal , without having to justify his decision.

This withdrawal period runs from the day of receipt of the Watches, Accessories, Services or HEALYSA Subscriptions by the Customer or a third party, other than the carrier, designated by him.

In the case of an order for several HEALYSA Products delivered separately, the period runs from receipt of the last Product.

To this end, the Customer must send, within the period indicated above, a registered letter with acknowledgment of receipt using the form available on the site www.Healysa.com (section “right of withdrawal”) or the model below. attached to the following address: contact@myHealysa.com

In the event of the return of Watches or Accessories that do not comply with the return conditions (damaged or non-functional Product, missing instructions, missing Accessories, etc.), the refund cannot be made and the Company will send a notification email to the Customer. In this case, only the Services and Subscriptions will be reimbursed.

The Customer’s liability may only be incurred in the event of depreciation of the Watches or Accessories resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products.

HEALYSA undertakes to reimburse the Customer who has used his right of withdrawal within fourteen (14) days from the day on which he became aware of the Customer’s desire to withdraw.

return of Products and Accessories

The Customer returns or returns the Products and Accessories to HEALYSA or a person designated by it, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw, unless HEALYSA does not offers to collect the Products himself.

The Customer will not have to bear any costs other than:

the direct costs of returning the goods, unless HEALYSA agrees to bear them;
additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by HEALYSA;
the amount corresponding to the service provided until the communication of the Customer’s decision to withdraw in accordance with article L.221-25 of the Consumer Code.

customer refund

When the right of withdrawal is exercised, HEALYSA will reimburse the Customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which HEALYSA is informed of the Customer’s decision to withdraw.

Unless it offers to recover the Products itself, HEALYSA may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of these Products, the date retained being that of the first of these facts.

HEALYSA makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees to use another means of payment and insofar as the reimbursement does not give rise to costs for the Customer.

SECTION 6. ACTIVATING GPS WATCHES

6.1. HEALYSA PHONE AND GPS WATCHES are associated with a GSM mobile phone subscription taken out by the Customer and of which HEALYSA is the sole holder.

6.2. The Watches, Trackers, can only work with the Customer’s subscription to one of the Subscription formulas which are described on the Site.

6.3. In order to be able to use HEALYSA Watches, Trackers, Accessories, Services or Subscriptions, the Customer must activate them on the Site within 30 clear days of receiving their Watch.

Failing activation within this period, the HEALYSA Watches, Accessories, Services or Subscriptions will no longer be usable or accessible for the Customer, the latter must then contact the Company’s customer service in order to reactivate it free of charge.

The account and identifiers assigned by the Company to the Client are strictly personal and confidential. The Customer is solely responsible for the security of their storage and disclosure.

HEALYSA recommends that the Customer not disclose his codes and identifiers to any third party.

6.4. The Customer is informed that the Service activation times depend closely on the diligence of the mobile telephone operators, the Company therefore cannot guarantee a time frame on this point.

6.5. The Customer is given, regardless of the subscription formula he has chosen, in addition to the Watch, a SIM card, with an assigned telephone number, allowing him to make telephone calls between the Watch and the telephones Mobile as well as the transfer of data between the Watch and the Company’s computer servers. The SIM card given to the Customer remains the property of the Company for the duration of the Subscription. The Customer is prohibited from copying, selling, assigning, renting, destroying, degrading or using the SIM card in another device for the duration of the Subscription.

6.6. The SIM card will be suspended by the Company 30 days after the end of the Subscription and deactivated 60 days after the end of the Subscription. From the moment the SIM card is deactivated, it is no longer possible to use the Watch, the tracker.

SECTION 7. ENTRY INTO FORCE AND DURATION OF THE SUBSCRIPTION

7.1. The Subscription comes into effect on the day the Customer registers his product on the Site Platform, subject to full receipt by HEALYSA of the price of the product and the Subscription linked thereto.

7.2.1. The ” Animals “ Subscription includes with access to the Customer Area for setting up and managing Healysa services:

– all the services available on the HEALYSA platform: www.Healysalab.com ;

– all services available on Android and IOS Mobile applications.

– unlimited data for sending GPS & Wifi geolocation data

7.2.2. The ” Seniors and children ” subscription includes access to the Customer Area for setting up and managing alerts and the Customer account at:

– all the services available on the HEALYSA platform: www.Healysalab.com ;

– all services available on Android and IOS Mobile applications.

– all unlimited calls to landlines and mobiles in Metropolitan France on the 10 pre-recorded numbers of the Watch only, Unlimited GPS data with an interval set at 60 seconds in Metropolitan France.

– unlimited data for sending GPS & Wifi geolocation data

7.2.3. The ” remote assistance “ Subscription includes the 24/7 remote assistance service provided by our partner services.

– any fraudulent use of the SIM card in a device other than the HEALYSA Watch will result in the immediate termination of all Services or HEALYSA Subscriptions. Any additional costs that may arise from this will be borne by the Customer.

All costs related to calls or data or SMS sent to numbers other than those pre-recorded in the watch will be borne by the Customer.

The SIM card is blocked for use outside France to avoid excessive Roaming communication that could result.

7.3. The Customer chooses the desired Subscription formula when he acquires a Watch on the Site or when he chooses a Subscription formula on the Site or after purchasing his product on the Via the Services page.

7.4. Subscriptions are concluded for a period of 1 month from the activation of the product, renewable by tacit agreement unless written denunciation made by registered letter with AR by one of the Parties at least 1 month before the end of the current period. .

Article L215-1 of the Consumer Code:

For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personal letter or dedicated e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.

When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination. , minus the sums corresponding, up to this point, to the execution of the contract.

The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information.

Article L215-3 of the Consumer Code:

The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

Article L241-3 of the Consumer Code :

When the professional has not made the reimbursement under the conditions provided for in Article L215-1 , the sums due shall bear interest at the legal rate. the professional has not made the reimbursement under the conditions provided for in Article L215-1 , the sums due shall bear interest at the legal rate.

7.6. As an exception to the foregoing, the Customer may terminate the Subscription at any time for one of the following duly proven legitimate reasons:

Moving abroad (sufficient proof of change of domicile);
Procedure for over-indebtedness of the Client who is a natural person;
Case of force majeure making it impossible to maintain the Subscription.

7.7. Termination by the Customer of the electronic communications services contract, including in the event of tacit renewal, must take place by registered letter with acknowledgment of receipt sent to the Company accompanied by the Watch and all its related Accessories. (including the SIM card), at HEALYSA, 11B, rue Guilibert de la Lauzière, Parc du Golf, 13290 Aix en Provence.

This notice period may not exceed ten days from receipt by HEALYSA of the termination request. The Customer may, however, request that this termination take effect more than ten days after receipt, by HEALYSA, of his request for termination.

7.8. Any termination request by the Customer must include at least the following criteria: surname, first name and IMEI identifier of the Watch. Any incomplete termination request cannot be taken into account by the Company. The Customer may decide to cancel his request for termination of the Subscription by simply calling the Company’s customer service.

7.9. As an exception to the foregoing, the Company may terminate the Subscriptions immediately and without notice, in the event of a serious or repeated breach by the Customer of its obligations under these GCS, in the event of non-payment of its Subscription, whatever the formula. chosen Subscription, or in the event of a request from the competent administrative or judicial authorities.

7.10. The balance of the Subscription fees due until the end of the current contractual period is entirely due by the Customer to the Company and then becomes immediately payable.

SECTION 8. GUARANTEES

8.1. Watches are guaranteed for 2 years by the manufacturer. This guarantee is applicable in the event of breakdown of the Watch, not caused by a fall or breakage, or non-compliant use, and as long as the Customer holds a Subscription and is up to date with his payments.

8.2 The Company guarantees at all times, throughout the duration of the Subscription, the replacement of the defective Watch in the event of a breakdown. The exchange will take place within eight days from the date on which the Customer returns, at his own expense, in sufficiently protective packaging, the Watch accompanied by his SIM card. This guarantee is applicable in the event of a breakdown of the Watch, not caused by a fall or breakage, or improper use, and as long as the Customer holds a Subscription and is up to date with his payments.

8.3 HEALYSA delivers HEALYSA Watches, Accessories, Services or Subscriptions in accordance with the Contract and is liable for any lack of conformity existing at the time of delivery.

HEALYSA also responds to non-conformities resulting from the packaging and installation instructions.

HEALYSA reminds that a Product complies with the Contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given and has the qualities presented to the Customer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by HEALYSA, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the Parties or is suitable for any special use sought by the Customer, brought to the attention of HEALYSA and which the latter has accepted.

The defects of conformity which appear within 24 (twenty-four) months from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise.

The Customer is entitled to require the conformity of the Product to the Contract. However, he cannot challenge the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.

In the event of a lack of conformity, the Customer chooses between the repair and the replacement of the Product.

However, HEALYSA may not proceed according to the Customer’s choice if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the Product or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the Client.

The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the six months following the delivery of the goods. This period is extended to 24 (twenty-four) months from March 18, 2016.

If the repair and replacement of the Product is impossible, the Customer may return the Product and have the price refunded or keep the Product and have part of the price refunded.

The same option is open to him:

1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 of the Consumer Code cannot be implemented within one month of the Customer’s complaint;

2° Or if this solution cannot be without major inconvenience for him, given the nature of the property and the use he is seeking.

However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

The action resulting from the lack of conformity is prescribed by 2 years from the delivery of the goods.

These provisions do not deprive the Customer of his right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.

The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.

SECTION 9. CUSTOMER OBLIGATIONS – PAYMENT – LATE PAYMENT

9.1. The Customer undertakes to comply with all the requirements relating to the configuration and use of the Watch and to refer to the user guide delivered with the Watch. The Customer will be solely responsible for incorrect configuration or incorrect use of the Watch. As needed, the documentation for the Watch is available on the Site.

9.2. Under no circumstances shall the Customer harm, or allow those around him or his children to harm the physical, electromagnetic and electronic integrity of the Watch. The burden of risk relating to the possession and use of the Watch is transferred to the Customer upon receipt of the Watch by the latter.

9.3. The “Child” Watch is not intended to replace direct parental supervision, just as the “Senior” Watch cannot replace emergency services.

9.4. In the event that the Company sends the Customer, at the latter’s request, a new Watch in order to remedy a malfunction of the initial Watch, the Company will send the second Watch after receipt of the initial Watch and verification by its services of the condition of the Watch and the conditions for validating the manufacturer’s warranty. The Customer must first contact customer service to obtain a return form number. The exchange will be made free of charge for the Customer subject to validation of the warranty conditions by the Company.

9.5. In the event of the return of Watches that do not comply with the conditions of return or degradation of the Watch by the Customer, the free replacement of the Watch cannot be made and the Company will send a notification email to the Customer. Following which, the Company will proceed, upon receipt of payment of the sale price of the new replacement Watch, which will be invoiced to the Customer before dispatch, to replace the damaged Watch.

9.6. The Customer agrees to receive his invoices in electronic format only at the email address he provided during his registration.

9.7. The Customer undertakes to be up to date with his financial obligations vis-à-vis the Company, in accordance with the Subscription prices available on the Site. The Customer undertakes to regularly consult his emails and the Customer Area in order to be aware of any new messages and information from the Company.

9.8. Any proposed modification of the contractual conditions for the provision of an electronic communications service is communicated by HEALYSA Client in writing or on another durable medium available to the latter at least one month before its entry into force, together with the information that the Customer may, as long as he has not expressly accepted the new conditions, terminate the contract without penalty of termination and without right to compensation, until four months after the entry into force of the amendment

9.9 . The Company reserves the right to suspend the Subscription and the Services or to deactivate the Watch in the event of a payment incident not regularized by the Customer.

SECTION 10. DEACTIVATION OF THE CUSTOMER ACCOUNT

Non-compliance by the Customer with the obligations subscribed to under the terms of the GCS, any payment incident in respect of the payment of the price of a Product, Accessory, Service or HEALYSA Subscription, any actions contrary to morality and public order or to the reputation and image of the Company, the delivery of false information when creating the account, may result in the suspension of access to the Services and Subscriptions of the Company, or even the termination of the Contract and its Subscriptions according to the degree of seriousness of the actions in question, without the Company being able to claim any damages or compensation whatsoever. The Company reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the latter is using a new account.

SECTION 11. OBLIGATIONS OF THE COMPANY – LIMITATION OF LIABILITY

11.1. The Company offers a supply service for Watches, Subscriptions and Services, but is in no way the designer or manufacturer of the Watches. Consequently, the Company cannot under any circumstances be required to repair any damage suffered by the Customer when using the Watch, including any damage that does not result exclusively and directly from a direct fault of the Company.

11.2. Due to the technological limitations of cell phone towers and GPS satellite signals, the Company cannot guarantee that the GPS device will operate 100% of the time, 7/7 and 24/24. Cellular towers and GPS satellite connections may experience downtime, interruptions or dead spots. The Watch, the Application or the SIM card may be subject to unexpected breakdowns or network limitations beyond the control of HEALYSA who use them on behalf of its Customers.

11.3. The Customer confirms that he understands the limitations of the technology and cannot hold The Company responsible for network limitations or GPS location malfunctions. Furthermore, the Company is unable to provide any information other than the GPS position of the Watch and cannot guarantee the identity of the person on whom the Watch is on board.

11.4. The Customer declares to be aware that the GSM/GPRS network of the mobile telephone operators as well as the GPS network being in the process of being deployed, it is possible that certain areas of French territory are not covered by these networks and that access to the service be disturbed there. If the Customer is located in an area which proves to be not covered by the network in a lasting or permanent manner, thus rendering the Services inapplicable, he must contact the Company’s customer service as soon as possible in order to obtain reimbursement of the Watch and Cancel Subscriptions.

11.5. HEALYSA undertakes to ensure the proper functioning of the HEALYSA Watch service and to take the necessary measures to maintain the continuity and quality of the Services. It is expressly agreed that the operation of the HEALYSA Watch service is based in particular on technologies developed and used by third parties towards whom HEALYSA has no means of intervention (in particular network coverage and operation of the infrastructures of third parties providing a mobile telephone communication service – GSM). Thus, the Customer is duly informed that HEALYSA performs its services within the framework of an obligation of means. In addition, repairs or maintenance work on its computer servers and/or on the networks of the operators may cause HEALYSA to suspend the service without giving rise to the right to compensation. As far as possible, HEALYSA will inform the Client beforehand of the planned suspensions. In the state of technology, the location service remains subject to the technical conditions of coverage and access to GPS coverage, i.e. the vision of at least 3 satellites, and the full sky exposure of the antenna of reception, or the supply by the telecom operator of a position. Geolocation by GPS is generally not possible if the mobile security system is located in a building, basement, tunnel, or locked in a closed and covered place.

11.6. HEALYSA cannot be held liable when the failure of the service of the Watch or the Watch results from one of the following events:

– Default, insufficiency or congestion of the GSM, GPRS and GPS Coverage;

– Failure, breakdown, alteration or damage, intentional or not, of the Watch, discharged battery or having suffered damage such as to prevent its operation;

– Malfunctions resulting from the location of equipment in electromagnetic fields disrupting data transmission – or in covered places disrupting the transmission or reception of data or access to Coverage (GSM or GPS);

– Work, interventions or manipulations carried out on the Watch or the servers used to provide the Watch service;

– Inaccuracy or lack of updating of the data provided by the Customer;

– Events or malfunctions affecting the services of HEALYSA;

– Disclosure by the Customer of confidential information to unauthorized persons;

– Suspension of services following a default in payment by the Customer.

11.7. In this context, HEALYSA is only liable for direct, personal and certain damages related to the failure in question, to the express exclusion of compensation for any damages and/or indirect losses. It is expressly agreed between HEALYSA and the Customer that are considered as indirect damages, the damages not resulting directly and exclusively from the non-execution by HEALYSA of a contractual obligation. In any event, the Company’s liability for all Subscriptions may not exceed the amount of the sums (excl. VAT) actually paid by the Customer to HEALYSA over the last 12 months.

11.8. HEALYSA cannot be held liable for any failure whatsoever in the event of force majeure. The Company and the Customer expressly consider as cases of force majeure, the events retained by the jurisprudence of the French courts and tribunals as being irresistible, unforeseeable and beyond the control of the Parties as well as the following events: fires, water damage, natural disasters, storms, lightning, strikes, floods, earthquakes, attacks, explosions, wars, military operations or civil disturbances, blockages of means of transport or supply, interruption of energy supply, any legislative or regulatory restriction on the supply of Watches, Accessories, Services or HEALYSA Subscriptions, any decision by a public authority not attributable to the Company and preventing the supply of Watches, Accessories, HEALYSA Services or Subscriptions.

11.9. In addition, the use of the Watch can in no way exempt the Customer from scrupulous compliance with the legislation.

11.10. The Company cannot be held responsible for any loss of data that may occur during the use of the Site or the Application and/or the impossibility of accessing or using them.

11.11. In addition, the Site may contain links and advertising, promotional, commercial or sponsorship visuals to the websites of third parties or independent service providers. The Company is not responsible for the content of said third parties or third party sites, does not guarantee their accuracy, validity, quality or integrity, in particular in the context of transactions carried out directly between the Customer and a third-party reseller or service provider independent of the Company.

11.12. Similarly, the Company cannot assume the connection costs, and in general, any communication costs induced by access to the Site and its use by the Customer.

SECTION 12. INTELLECTUAL PROPERTY – SOFTWARE – APPLICATION

12.1. The Company is the exclusive holder of the intellectual property rights relating to the Watch and the Accessories, Services and Subscriptions of the Watch. HEALYSA is a registered trademark owned by the HEALYSA Company. No stipulation of these GCS can be interpreted as operating any transfer of intellectual property rights on this sign for the benefit of the Customer or any user.

12.2. Use of the software embedded in the Watch or the Application available on the Apple Store or Google Play is subject to the Customer’s acceptance of the following conditions:

12.2.1. The Company grants the Customer, who accepts it, a personal, limited, non-transferable and non-exclusive right to use the Software and the Application (hereinafter “ the License ”) according to the terms and conditions set out below.

12.2.2. The License exclusively includes the right to use the Software and the Application (including its documentation) for the duration of the Subscription taken out by the Customer.

12.2.3. The License does not include any transfer of ownership of the Software or the Application or any of their elements (including the documentation) to the benefit of the Customer.

12.2.4. The Customer undertakes not to decompile, reproduce, translate, adapt, arrange, modify the Software or the Application as well as the associated documentation, even if such acts would be necessary to allow the use of the Software or the Application. according to their destination.

12.2.5. The Customer may not make a backup copy of the Software or the Application and is prohibited from using the Software or the Application in connection with any product other than the Watch.

12.2.6. The Client refrains from any act of assignment or redistribution or sub-licensing without the express, written and prior agreement of HEALYSA.

12.3. The Company may remotely update the software embedded in the Watch.

12.4. In general, HEALYSA reserves the right to change, at its sole discretion, the technical specifications of the Watch, the Application and the Healysa Services as well as the communication technology used for the Watch Service at its sole expense. Such a change cannot be invoked as a reason for termination of these GCS by the Customer.

SECTION 14. COMPUTER LAW AND FREEDOMS – PROTECTION OF PRIVACY

14.1. The Customer’s data is subject to a double declaration and a compliance commitment with the CNIL:

14.1.1. A declaration n°1621514 for the Customer’s personal data.

14.1.2. A declaration n°1621521 concerning data related to geolocation.

14.2. The Customer can access location data on his Customer Area.

14.3. In accordance with articles 39 and following of the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, any person can obtain communications and, if necessary, rectifications or deletions of information concerning him, by sending a letter accompanied by proof of identity to the following address: HEALYSA 11B, rue Guilibert de la Lauzière, Golf Park, 13290 Aix en Provence.

14.4. The Customer undertakes to use the Watches, Subscriptions and Services for the purposes of geolocation of his own children and in no case on other minors or adults (Watch “child”) and for his parents or members of his family ( “Senior” watch).

14.5. The use by the Customer of the Watches, Subscriptions and Services to locate other people would engage his own and exclusive responsibility.

14.6. The Customer must then have informed the individuals concerned of the existence and purpose of the Geolocation Service. The Customer is solely responsible for compliance with the regulations, in force and to come, relating to the technical devices used to carry out geolocation or remote control and must, if necessary, meet the obligations of adequate declaration to the CNIL ( www.cnil. en ). According to a recommendation from the CNIL, such use can only be made with the written consent of the user. The latter must be able to revoke this consent at any time.

14.7. Prohibition of the use of data from Watches, Subscriptions and Services for applications likely to infringe respect for privacy as described by the CNIL ( www.cnil.fr ).

14.8. HEALYSA draws the Customer’s attention to the fact that the data collected must be adequate, relevant and not excessive in relation to the purposes for which they are recorded and that this data must be kept only for a period which does not exceed that necessary for the purposes for which they are used.

SECTION 15. MISCELLANEOUS

15.1. The fact for one of the Parties not to take advantage of a commitment by the other Party to any of the obligations referred to herein (or of its breach), cannot be interpreted for the future as a waiver of the obligation in question (or of taking advantage of the breach in question).

15.2. In the event that one of the provisions of the GCS is declared null, inapplicable or without effect, or is deemed unwritten, this will not affect the validity of the other provisions or clauses which would retain all their force and scope. All cases of use not provided for in the GCS will be decided by HEALYSA.

15.3. HEALYSA reserves the right to subcontract all or part of the Services and Subscriptions or to transfer its activity to a third party without this subcontracting or transfer requiring the Customer’s prior agreement, which the Customer expressly acknowledges.

SECTION 16. MEDIATION

In accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code, the Customer may have free recourse to a consumer mediator, subject to justifying having previously attempted an amicable resolution of the dispute with HEALYSA and to seize the competent mediator within a maximum period of twelve (12) months from the date of the written complaint addressed to HEALYSA.

The consumer mediator offered by HEALYSA to the Customer is MEDICYS, 60 rue la Boëtie, 75008 Paris, whose website is accessible at the following address: Medicys, 73 boulevard de Clichy, 75009 Paris 01 49 70 15 93 ; Email: contact@medicys.fr ; Website http://www.medicys.fr .

In the absence of an amicable outcome, the dispute will be brought by the most diligent Party before the competent French courts.

SECTION 17. APPLICABLE LAW AND JURISDICTION

The T&Cs are written in French and translated into other languages. In case of discrepancy, the French version prevails.

The T&Cs are governed by the law of the state of Florida – USA.

MODEL WITHDRAWAL FORM (also available on www.Healysa.com in the “Right of withdrawal” section)

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

For the attention of HEALYSA:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property (*) below:

(to complete)

Ordered on (*) received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

date:

(*) Strike out the useless mention.