Medizinische Hypnose durch virtuelle Realität über ein Abonnement ohne Mindestlaufzeit

Benötigen Sie Hilfe?

Dann kontaktieren Sie uns

03 73 80 00 33 support@hypnovr.io

WEBSITE GENERAL TERMS AND CONDITIONS OF USE

ARTICLE 1. DEFINITIONS

In these General Terms and Conditions of Use and their annexes, the following terms written with a capital letter, whether singular or plural, shall be understood as follows:
General Terms and Conditions: These General Terms and Conditions of Use of the Service Provider’s Site.
Service Provider: HypnoVR SAS, a French simplified joint-stock company, headquartered at 5 rue de Griesheimerberg - 67450 Lampertheim - France, with share capital of €69,800.00, registered in the Strasbourg Trade and Companies Register under number 823 512 561, and with intracommunity VAT number FR 75823512561.
Site: The websites produced, published online, and operated by the Service Provider, accessible via the following URLs: hypnovr.io and subscribe.hypnovr.io, and allowing Users of the Site to access the Service offered by the Service Provider via the internet. The Site is and will remain the exclusive property of the Service Provider.
Content: All of the elements forming the information present on the Site, namely text, images, and videos.
Customer: Any capable professional or natural person as defined in Articles 1123 et seq. of the French Civil Code, or any legal person, who signs up for one or more subscriptions via the Site covered by these General Terms and Conditions.
Services: The services provided to Users and Customers, namely the option to sign up for one or more subscriptions granting access to and use of the Solution.
Solution: The HypnoVR software solution, which uses virtual reality headsets to support the treatment of pain and anxiety in patients undergoing painful procedures through medical hypnosis, covered by the subscriptions.
Information: Customer information corresponding to all personal data that might be held by the Service Provider for the management of customer accounts, the management of customer relations, and for analytical and statistical purposes.
User: Visitors to the Site and those with access to the Services offered by the Service Provider via the Site.


ARTICLE 2. ABOUT THE SITE

Pursuant to Article 6 of French Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, Users of the Site are hereby informed of the identity of the persons involved in its production and monitoring:

Owner: HypnoVR SAS, a French simplified joint-stock company, headquartered at 5 rue de Griesheimerberg - 67450 Lampertheim - France, with share capital of €69,800.00, registered in the Strasbourg Trade and Companies Register under number 823 512 561, and with intracommunity VAT number FR 75823512561.
Hosts :
- For hypnovr.io hypnovr.io : OVH, 2 rue Kellermann – 59100 Roubaix – France, www.ovh.com.
- For subscribe.hypnovr.io subscribe.hypnovr.io/ : Amazon Web Services, Inc., P.O. Box 81226, Seattle, WA 98108-1226, aws.amazon.com.


ARTICLE 3. GENERAL TERMS AND CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED

Using the Site implies full and unconditional acceptance of these General Terms and Conditions.

These General Terms and Conditions come into effect as of the date of their publication online and will be enforceable from the date on which the User first uses the Site.

These General Terms and Conditions will be enforceable throughout the duration of use of the Site and until replaced by new general terms and conditions.

These General Terms and Conditions may be amended or supplemented at any time; Users of the Site are therefore advised to check them regularly.

The version of the General Terms and Conditions applicable when signing up for a subscription will be that in force on the date on which the User signs up for the subscription on the Site.

These General Terms and Conditions apply without restriction or reservation to all of the Services provided by the Service Provider to any User of the Site, to the exclusion of all other terms and conditions.

These General Terms and Conditions can be accessed and printed at any time via a permanent direct link on the Site.

Accessing, viewing, and using the Site are all subject to unconditional acceptance of these General Terms and Conditions by checking the box provided prior to accessing the online Services offered.

Any User who fully or partially rejects these General Terms and Conditions must discontinue all use of the Site.


ARTICLE 4. DESCRIPTION OF SERVICES PROVIDED

The purpose of the Site is to provide information regarding all of the Service Provider’s activities.

The Service Provider endeavors to ensure that the information provided on the Site is as accurate as possible. However, it will not be held liable for any omissions, inaccuracies, or failures in its updating, whether of its own doing or that of third-party partners providing this information.

All information provided on the Site is indicative only and may change. Furthermore, the information appearing on the Site is not exhaustive. It is provided subject to changes made since its publication.

The Service Provider offers Users and Customers subscriptions granting access to, and use of, the Solution developed by the Service Provider.

Two (2) types of subscription are offered by the Service Provider:
-­ A monthly subscription with a commitment period
-­ A monthly subscription without a commitment period.


ARTICLE 5. TERMS AND CONDITIONS OF USE OF THE SITE

5.1. SIGN-UP

To subscribe to one or more subscriptions, after selecting the desired Subscription(s), the User must sign up and create a user account.

The User undertakes to complete the subscription form in good faith, without using any false data, and to provide accurate, up-to-date, and complete data.

The Service Provider, which has no way of verifying the identity of the persons subscribing via the Site, will not be held liable in the event of identity theft, use of a false profession, or any other false information.

The User undertakes to complete his/her profile with content to which he/she holds all the intellectual and industrial property rights, that does not ignore the rights of third parties, and that is not contrary to public order and moral standards.



The User is authorized to create a single user account only. When subscribing, the User accepts these General Terms and Conditions by checking the box provided.

When creating a user account, the User must provide the following information completely, accurately, and honestly, and ensure it remains up to date where necessary: ­
- First and last names
- Telephone number
-­ Profession
-­ Email address
-­ Mailing address
-­ SIRET/company registration number.

The subscribed User is the only person authorized to use his/her login and password, which he/she must keep confidential, with sole responsibility for doing so. The User undertakes to take all necessary measures to ensure complete confidentiality of his/her login and password.

The User undertakes not to disclose, transfer, sell, or sublease his/her login and/or password to any third parties.

The User has a duty to notify the Service Provider immediately of any fraudulent or unauthorized use of his/her login and password, and therefore his/her user account, of which the User may become aware. This notification must be sent to the Service Provider by email at support@hypnovr.io, which will then prohibit all access to the Site using the login and password in question within a maximum of two (2) days following receipt.

The User is free to unsubscribe at any time.

5.2. SUBSCRIPTION PROCESS

Once the user account has been created, the User will be able to choose the type and number of subscriptions desired.

First, the User chooses the type and number of subscriptions desired.

The User can choose up to a maximum of ten (10) subscriptions via the Site. For more than ten (10) subscriptions, the User must contact the Service Provider directly to request a specific estimate.

Once the subscriptions are selected, the User selects the associated hardware required to use the Solution. Users have the option to purchase the necessary hardware themselves or to order it directly from the Service Provider.

Once the subscriptions and hardware have been selected, the Site will show a summary of what is being offered to the User and ask the User to confirm the order.

Once the order is confirmed, the Service Provider will confirm receipt through the creation of a user account.

The User must then pay for the order.

Within forty-eight (48) hours of ordering, the Customer will have access to the Solution.


ARTICLE 6. SITE ACCESSIBILITY



The Site uses JavaScript technology. The Site will not be held responsible for any material damage related to its use. Additionally, the User of the Site undertakes to access it using up-to-date equipment, containing no viruses, and with an updated, modern browser. The Site is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation.

In principle, the Site is accessible twenty-four (24) hours a day, seven (7) days a week, all year round, although this does not represent a performance obligation for the Service Provider.

However, the Service Provider reserves the right, without prior notice, to temporarily suspend access to the Site for technical reasons, relating primarily to the need to update it, change it, perform maintenance on it, or, generally, for any other technical and organizational reasons.

Consequently, the Service Provider will not be held liable for any temporary unavailability, whether total or partial, of access to the Site, for any loss of data, including the User’s favorite documents, for any difficulties relating to response times, or, generally, for any performance failures whatsoever. The Service Provider can also not be held liable for any difficulty whatsoever in transmission or, more generally, any disruption to the network. The Service Provider is not liable for any damage of any kind that may be the result of such downtime of all or part of the Site or the services available on it.

The Service Provider also reserves the right to make changes and/or improvements and/or upgrades to its Site.

For information in the event of inability to use the Site, the User can email the Service Provider’s Customer Service Department at support@hypnovr.io.

In the event that a User fails to comply with these General Terms and Conditions, the Service Provider reserves the right to cancel or close his/her user account without compensation, particularly in the following circumstances:
-­ Provision of inaccurate, incomplete, or obsolete information by a User
-­ Content infringement
-­ Unlawful use of content (reproduction in particular).


ARTICLE 6. SITE ACCESSIBILITY

6.1. TECHNICAL ACCESSIBILITY OF THE SITE

The Site uses HTML5/CSS3/JavaScript/PHP technology. The Site will not be held responsible for any material damage related to its use. Additionally, the User of the Site undertakes to access it using up-to-date equipment, containing no viruses, and with an updated, modern browser. The Site is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation.

In principle, the Site is accessible twenty-four (24) hours a day, seven (7) days a week, all year round, although this does not represent a performance obligation for the Service Provider.

However, the Service Provider reserves the right, without prior notice, to temporarily suspend access to the Site for technical reasons, relating primarily to the need to update it, change it, perform maintenance on it, or, generally, for any other technical and organizational reasons.

Consequently, the Service Provider will not be held liable for any temporary unavailability, whether total or partial, of access to the Site, for any loss of data, including the User’s favorite documents, for any difficulties relating to response times, or, generally, for any performance failures whatsoever. The Service Provider can also not be held liable for any difficulty whatsoever in transmission or, more generally, any disruption to the network. The Service Provider is not liable for any damage of any kind that may be the result of such downtime of all or part of the Site or the services available on it.

The Service Provider also reserves the right to make changes and/or improvements and/or upgrades to its Site.

For information in the event of inability to use the Site, the User can email the Service Provider’s Customer Service Department at support@hypnovr.io.

In the event that a User fails to comply with these General Terms and Conditions, the Service Provider reserves the right to cancel or close his/her user account without compensation, particularly in the following circumstances:
-­ Provision of inaccurate, incomplete, or obsolete information by a User
-­ Content infringement
-­ Unlawful use of content (reproduction in particular).

6.2. DURATION

Duration of access to the Site is unlimited, but either party may end access at any time, without notice or compensation.

6.3. TERMS AND CONDITIONS OF ACCESS TO THE SITE

The Site is a service that is accessible to persons aged eighteen (18) years and over and with the legal capacity to enter into a contract. The services and functions of the Site may not be used by minors or persons without the legal capacity to validly enter into a contract. By accessing the Site, by using it, by creating a user account, or by using the payment interface, the User states and guarantees that he/she is at least eighteen (18) years old and has the legal capacity to use the said functions.


ARTICLE 7. INTELLECTUAL PROPERTY AND COUNTERFEITING


The Site is a work of authorship protected by the provisions of the French Intellectual Property Code and the applicable International Regulations. The Customer may in no way reuse, assign, or use for his/her own purposes any of the elements or works on the Site, whether in whole or in part.

The Service Provider is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the Site, including the text, images, graphics, logos, videos, icons, and sounds.

Any reproduction, representation, modification, publication, or adaptation of any of the elements of the Site, whether in whole or in part, on any media and by any means, is prohibited without the prior written consent of the Service Provider.

Any unauthorized use of the Site or any of the elements it contains will be considered an infringement and made subject to legal proceedings under the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.


ARTICLE 8. LIMITATION OF LIABILITY


The Solution that can be accessed on the Site, catalogs, and prospectuses are compliant with current French legislation. The Service Provider will not be held liable in the event of failure to comply with the laws of the country where the Solution is provided (e.g. in the case of a banned title or product). It is the User and the Customer’s responsibility to check with the local authorities whether it is possible to import or use the Solution that the User or the Customer plans to use by signing up for a subscription.

The User or the Customer must comply with all applicable laws, regulations, and requirements.

Unless otherwise expressly and specifically stated, the Company guarantees only that the Solution is fit for the use for which it was developed and not for any other use that the Customer might intend.

The Customer must strictly follow the instructions for the Solution and must note that the information provided can under no circumstances be a substitute for medical advice.

The Customer undertakes to familiarize him/herself with the possible side effects, contraindications, and strict terms and conditions of use (preliminary test to determine size, duration of use) and, where necessary, to seek advice from a healthcare professional. The Customer also undertakes to strictly comply with the terms and conditions of use mentioned in the operating instructions enclosed with the Products.

The Service Provider has no intention of providing, in any way, health or pharmaceutical advice, or consultations. Any information in this regard must be requested from a doctor, pharmacist, or healthcare professional. Consequently, the User or the Customer acknowledges that he/she has been fully informed that the information provided by the Company is in no way intended:
-­ To give medical advice
-­ To provide a diagnosis
-­ To replace consultation with, advice, or recommendations from a healthcare professional.

The User or the Customer undertakes to notify the Service Provider without delay in the event of an incident or a medical device vigilance report, stating the references and batch numbers in question.

The Service Provider is acting as the publisher of the Site. The Service Provider is responsible for the quality and veracity of the Content that it publishes.

The Service Provider will not be held liable for any direct or indirect damage caused to the User’s equipment while accessing the Site and resulting from either the use of a device that does not meet the specifications stated at the following URL: https://subscribe.hypnovr.io/#equipment, or from the occurrence of a bug or incompatibility.

The Company will not be held liable for any defects relating to the hardware and related download platforms allowing use of the Solution.

The Service Provider will also not be held liable for any indirect damage (e.g. loss of business or loss of opportunity) resulting from the use of the Site. Interactive areas (opportunity to ask questions in the contact area) are provided for Users.

The Service Provider reserves the right to remove, without prior formal notice, any content posted in this area that might break applicable laws in France, and particularly that might breach data protection provisions. Where necessary, the Service Provider also reserves the right to take civil and/or criminal legal action against the User, particularly in the event of messages of a racist, abusive, defamatory, or pornographic nature, irrespective of the medium used (text, photograph, etc.).


ARTICLE 9. PERSONAL DATA


The personal data collected by the Company (primarily: last name, first name, mailing address, telephone number, email address, bank details, profession) is recorded in its customer database.
All of the data collected is necessary for the signing and execution of the contract and will mainly be used to ensure efficient management of customer relations, to process orders, and to promote the Company’s services.
The personal data collected will be stored for as long as is necessary for the execution of the contract, for the Company to fulfill its legal and regulatory obligations, or for it to act within the prerogatives granted to it by the law and case law.
Access to this personal data is strictly limited to the Company’s employees and agents authorized to process said data on account of their duties. The information collected may be disclosed to third parties tied to the Company by a contract for the performance of outsourced tasks necessary for managing orders, without requiring authorization from the Customer.


It must be noted that, as part of performing their services, such third parties will only have limited access to the data and will be under an obligation to use it in accordance with the provisions of the applicable personal data protection laws. Outside of the cases stated above, the Company undertakes not to sell, lease, assign, or grant access to the data to third parties without the prior consent of the Customer, unless required to do so for a legitimate reason (e.g. legal obligation, fighting fraud or abuse, exercising the right of defense, etc.).
The personal data collected and processed by the Company is stored on servers located in the European Union, in accordance with applicable regulations.
Any recipients of the data are also located within the European Union.
In accordance with the applicable legal and regulatory provisions, the Customer has the right of access, rectification, portability, and erasure of his/her data, as well as the right to restrict processing. He/she may also object to the processing of his/her data for legitimate reasons. Subject to producing valid proof of identity, the Customer can exercise his/her rights by contacting the Company:
- E-mail : support@hypnovr.io ;
- Mail : HYPNO VR SAS – 5, rue du Griesheimerberg – 67450 LAMPERTHEIM


ARTICLE 10. HYPERLINKS, COOKIES, AND WEB TAGS

The Site may contain a number of hyperlinks pointing to other sites placed with the Service Provider’s permission. However, the Service Provider is not able to verify the content of such sites visited and will accept no responsibility in this regard.
Unless the Customer decides to disable cookies, he/she accepts that the Site may use them. The Customer may disable these cookies at any time, free of charge, via the options listed below. However, it must be noted that this may reduce or prevent the Customer’s ability to access all or part of the Services offered by the Site.

10.1. COOKIES

A cookie is a small data file sent to the User’s browser and saved on his/her device (e.g. computer, smartphone). This file contains information such as the User’s domain name, the User’s internet service provider, the User’s operating system, and the date and time of access. There is no risk of these cookies damaging the User’s device.

The Service Provider may need to process the User’s data regarding his/her visit to the Site, such as pages viewed and searches made. This information allows the Service Provider to improve the content on the Site and the User’s browsing experience.

As cookies allow for easier browsing and/or provision of the Services offered by the Site, the User can configure his/her browser in order to decide whether or not he/she wishes to accept them, so that cookies are saved on the device or rejected, either systematically or based on the issuer.

The User can also configure his/her browser to accept or reject cookies on an ad hoc basis, whenever a cookie might be saved on the User’s device. The Service Provider hereby informs the User that, in this case, some of the User’s browser functions may not be available.

If the User rejects cookies on his/her device or browser, or if the User deletes saved cookies, the User is hereby informed that his/her browsing and experience on the Site may be limited. This might also be the case if the Service Provider or one its own providers is unable to recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the internet.

Where applicable, the Service Provider accepts no liability for any consequences related to reduced functioning of the Site and any services offered by the Service Provider, resulting (i) from the User’s rejection of cookies or (ii) from the Service Provider’s inability to save or view the cookies required for them to function as a result of the User’s preferences. Regarding the management of cookies and the User’s preferences, each browser is configured differently. The configuration is described in the browser’s help menu, where the User will be able to find out how to change his/her cookie preferences.

The User can choose to express and change his/her cookie preferences at any time. The Service Provider may also use the services of external providers to help collect and process the data described in this section.

Lastly, by clicking on the dedicated social media icons (Twitter, Facebook, LinkedIn, and Google Plus) provided on the Site—and if the User has accepted cookies by continuing to browse the Site—Twitter, Facebook, LinkedIn, and Google Plus may also place cookies on the Customer’s devices (computer, tablet, or smartphone).

These types of cookies are only placed on the Customer’s devices if he/she consents by continuing to browse the Site.

However, the User can withdraw his/her consent for the Service Provider to place this type of cookie at any time.

10.2. WEB TAGS

The Service Provider may occasionally use web tags and implement them via a specialist web analytics partner, which might be based (and therefore store the corresponding data, including the User’s IP address) in a foreign country.

Such tags are placed both in online advertisements giving internet users access to the Site and on its various pages.

This technology allows the Service Provider to evaluate visitor responses regarding the Site and the effectiveness of its actions (e.g. the number of times a page is opened and the information viewed), as well as the use of this Site by the User.

The external provider might collect information regarding visitors to the Site and other websites using these tags, prepare reports on the Site’s activity for the Service Provider, and provide other services relating to use of the Site and the internet.


ARTICLE 11. HARDSHIP

These General Terms and Conditions expressly exclude the statutory hardship regime provided for in Article 1195 of the French Civil Code. The parties therefore each waive their right to invoke the provisions of Article 1195 of the French Civil Code and the hardship regime provided for therein. The parties undertake to fulfill their obligations even if there is a shift in the contractual balance due to circumstances that were unforeseeable at the time of closing the sale, even when their fulfillment would be excessively onerous, as well as to bear all economic and financial consequences arising therefrom.


ARTICLE 12. FORCE MAJEURE

The parties will not be held liable if the non-fulfillment or delayed fulfillment of any one of their obligations, as described herein, is the result of an event of force majeure, as defined in Article 1218 of the French Civil Code.

The party subject to the event must inform the other party, without delay, of its inability to fulfill its obligation and must provide justification. The suspension of obligations may under no circumstances give rise to liability for non-fulfillment of the obligation in question or to the payment of damages or late penalties.

Fulfillment of the obligation will be suspended throughout the duration of the event of force majeure if it is temporary and does not exceed a period of thirty (30) days. Consequently, as soon as the cause of suspension of their mutual obligations has been resolved, the parties will make every effort to resume normal fulfillment of their contractual obligations as quickly as possible. To this end, the party prevented from fulfilling its obligations must notify the other party of the resumption of its obligation by certified mail with acknowledgment of receipt, or any other extrajudicial document. If the hindrance is permanent or exceeds a period of thirty (30) days, these General Terms and Conditions will simply be terminated according to the terms set out below.


ARTICLE 13. TERMINATION

13.1. TERMINATION DUE TO FORCE MAJEURE

Automatic termination due to force majeure, notwithstanding the “Termination for failure by a party to fulfill its obligations” clause set out below, can only occur fifteen (15) days after formal notice has been sent by certified mail with acknowledgment of receipt or any other extrajudicial document.

13.2. TERMINATION FOR FAILURE BY A PARTY TO FULFILL ITS OBLIGATIONS

In the event of failure by either party to fulfill the following obligations:
- Noncompliant use of the Site (Article 5)
- Failure to comply with intellectual property rights (Article 7) ­
- Noncompliant use of the Solution (Article 8)
set out in the articles herein, these General Terms and Conditions may be terminated by the injured party. It is expressly understood that termination for failure by a party to fulfill its obligations will take effect seven (7) days after sending formal notice.


ARTICLE 14. APPLICABLE LAW

These General Terms and Conditions and the operations arising therefrom are governed by, and subject to, French law.
These General Terms and Conditions were drawn up in French. If they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.


ARTICLE 15. DISPUTES

ANY DISPUTES THAT MAY ARISE FROM THIS CONTRACT AND THE AGREEMENTS RESULTING THEREFROM CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES, AND OUTCOMES WILL BE SUBMITTED TO THE ORDINARY COURTS OF STRASBOURG.

de