TERMS OF USE FOR THE TEFAL GOODVIBES APPLICATION
applicable from 01/09/2021
Information: the minimum configuration required to use the
Application is as follows: Apple iPhone smartphones with at least iOS 8 and
Android smartphones from Android version 5.
Bluetooth connection only
This Application does not require the creation of an
account.
1.
Preamble
GOODVIBES is a smartphone application intended to be used
with the GOODVIBES bathroom scale marketed under the TEFAL* brand (hereinafter
the "Application"). Follow these rules to enjoy problem-free use.
Please read them carefully and comply with them.
These Terms of Use represent a contract between CALOR*
("CALOR", "we", "our") and each user of the
Application who accesses and downloads the Application and uses the services
that the Application offers ("User", "you",
"your").
By installing the Application, you agree to comply with
these general terms of use ("Terms of Use"). Please read the Terms of
Use carefully before using and/or accepting.
If you refuse all or part of any of the obligations or
conditions contained in these Terms of Use, please do not use the Application
and Services proposed.
These Terms of Use may be supplemented by particular
and/or special conditions specific to the various Services and sections offered
on the Application ("Special Conditions"). You must, therefore, refer
to and check the Special Conditions regularly, where appropriate.
*The TEFAL brand is
a registered trademark of the TEFAL company. The GOODVIBES Application is
published by Calor. Calor
and Tefal are Groupe SEB companies.
2.
Definitions
Application - refers to the IT programme(s) (including any updates
and any associated documentation) provided by CALOR to propose specific
services for the use of the TEFAL GOODVIBES bathroom scale.
Content – refers to any audio, video, image, text, information or
general content and/or element of IT technologies including but not limited to
texts, images, information letters, databases, concepts and brand content,
logos etc., any technical solutions adopted, graphics, appearance, structure
and any other element whether or not it is protected by intellectual property
rights or by existing or future legal provisions, communicated on the
Application and/or available to Users and/or any other thing that may be used
by Users. Intellectual property rights are held on, without this list being
exhaustive, our trademarks and logos, software and their source codes,
databases, cookery recipes, photographs, images, illustrations, videos,
designs, sounds and others, as well as on the layout and format of these
elements that make up the Application and Services, and/or are the basis for
operating the Application and Services and/or transiting through the
Application and Services, and/or provided through the Application and Services.
Rights and
Trademarks – refer to trademarks, logos, brands and other names.
Service(s) – refers to, individually or collectively, any service
and all associated functions that we provide through the Application free of
charge. The word Service includes, in particular, the
Application and services, functions and features that are offered and made
available to Users
User – refers to any person who uses the Services and/or the
Application.
3.
Required
Configuration
This application can only be connected to the GOODVIBES
bathroom scale using Bluetooth.
Language: French/Region: France
4.
Changes to the
Application, Services and Terms of Use
We may modify all or part of the Application and/or the
Services and/or the features of the Services at any time provided that these
changes do not substantially modify the purpose or features of the Application
and/or the Services. Users should regularly check and periodically read the
Terms of Use and our Privacy Policy so that they are always aware of the
applicable Conditions.
In the event of significant modifications (e.g. duration, material modification of the Services), we
will inform you of these modifications before they take effect. You must then
accept the new Terms of Use before continuing to use the Application.
5.
Description of the
Services available to Users
Users can use the Application to
access the following Services:
·
connect your
bathroom scales to the Application via Bluetooth to retrieve weight and body
composition measurements
·
create User
profiles for the Application (man, woman, date of birth, height
and weight to calculate body mass index (BMI). This data is only stored on the
User's smartphone
·
access measurement
history and monitor changes
·
activate an athlete
mode for people with a high level of physical activity
·
set your goals
(weight and body fat goals).
·
access information
about the indicators used in the Application (for example, information on BMI,
body fat etc.)
·
access animated
gifs, videos and the User Guide to help you use the
bathroom scales (welcome tutorial, FAQ, YouTube video tutorial)
·
subject to the
User's consent, share your data with Google Fit or Health Kit and Fitbit (the
User configures these settings on their smartphone)
·
access customer
service contact information
·
generate a png image to share your measurement data only with the
sharing screens of your smartphone
·
compare measurement
data
·
add a measurement
manually (weight, body fat, date)
·
place the
measurements on a reference scale (total body water, muscle mass etc.), these
measurements are provided for information purposes only. They can in no way be
considered a medical diagnosis.
·
all the data is
stored exclusively on your smartphone
6.
Use of the
Application – Services.
The User agrees to use the Application and/or Services for
their personal use only and not to engage in acts of any kind that could
adversely affect public order, Our rights or the
rights of third parties or, more generally, infringe legal or regulatory provisions
or practices.
In particular, the User undertakes to comply strictly with
the following rules:
·
not to publish
inaccurate or misleading information when using the Services, including
information that might mislead others;
·
to use the Services
in a fair manner that complies with their intended purpose and with these Terms
of Use,
·
not to use the
Application or Services to advertise their personal website or for any other
commercial purpose;
·
not to attempt to
mislead other web users and Users by usurping the name of an individual or corporation;
Furthermore, the User also agrees not to violate or
attempt to violate the integrity or security of the IT infrastructure on which
the Application and/or Services are based. As a consequence,
the User undertakes to comply strictly with the following rules:
·
not to use the
Application or Services to send unsolicited commercial messages
("spam");
·
not to post IT data
with the aim of disrupting the normal operation of the Application or Services
(such as bots, viruses etc.);
·
not to upload, post
or transmit in any manner whatsoever any content that contains computer
viruses, worms, Trojans, scripts or codes that may
affect system and data integrity or confidentiality,
·
not to collect
information from other Users with the intention of using it, including for
sending business offers or similar, or of including it in a referencing
service.
If the User breaches one or more of these rules, the
Services provided to the User may be temporarily or permanently suspended without
notice or warning.
7.
Availability
The Application and the Services are provided and operate
Bluetooth technology and mobile networks that are beyond our control. Under
clause 9 below, CALOR and the companies of Groupe SEB and its subcontractors
accept no responsibility for the unavailability of the Application and/or
Services or any difficulty or incapacity in downloading or accessing content or
any failure of the communication system that may render the Application and/or
Services unavailable.
8.
Intellectual
Property
Application,
Services and Content. The Application,
Services and Content made available to Users (hereinafter the
"Database"), are Our property or are licensed from third parties for
Our benefit. We (or our partners) are the owners of all intellectual property
rights both for the structure and the Content of the Application or we (they)
have legally acquired the rights enabling us to operate the structure and
Content.
The Database is a database in the legal sense. As such, we
have exclusive rights to this database and its Content; any total or partial
extraction and any misuse of the elements of the database by Users is strictly
prohibited.
Any reproduction (including by downloading, printing
etc.), representation, adaptation, modification, translation, transformation,
distribution, inclusion on a website, commercial or other operation and/or any
kind of reuse of the items reproduced on the Application is strictly
prohibited.
Any unauthorised use of any of the items reproduced on the
Application may result in civil and/or criminal lawsuits and the payment of
compensation.
Licence to use the
Application and Services. The application
may be used by Users in accordance with these Terms of Use.
We grant the User a non-exclusive, personal, non-transferable
licence to use the Application and Services in accordance with these Terms of
Use. The license may be revoked at any time without notice or warning.
The licence gives the user the rights, strictly those
listed, to access the Application and use the Content made available to Users
on the Application and/or through the Services only as part of and for its
intended use as set out in the Terms of Use and it must not be used for any
other purpose whatsoever.
The User acknowledges that Content may only be used in the
Application, in strict compliance with these Terms of Use.
The use of any automated or computerised instrument not
authorised by Our Services to access, obtain or download Content or use the
Services is strictly prohibited.
Any form of Content marketing by Users, for free or in
return for payment, is strictly prohibited.
9.
Liability
User's Liability. Users are entirely responsible for maintaining the
security and integrity of their data, hardware and software when accessing the Application
or using the Services. Users are solely liable for any use they make or intend
to make of the Application and Services.
Our Liability. We do not in any way guarantee the accuracy, quality, legality or suitability for a particular use of the Application
or Services.
Likewise, we shall in no way be liable for any
consequences that may arise from Users interacting with each other through the
Application and Services.
We may terminate or restrict access to the Application and
the Services at any time due to events outside our control; our liability can
in no way be sought.
Our liability in the event of damages shall be limited as
follows:
·
Our liability shall
be limited to certain direct and foreseeable damages at the time of accepting
the Terms of Use, arising from breach on Our part of a material contractual
obligation (i.e. a contractual obligation that is
essential to the performance of the contract without which an average User
would not have entered into the contract and for which the breach would
invalidate the purpose of the contract);
·
Our liability shall
be limited in the case of damages resulting from a breach of a non-material
contractual obligation;
The limitations of liability given above will not apply (i) in the case of public liability (specifically relating
to the regulations on product liability), (ii) in the case of liability based
on a contractual warranty, or (iii) in the case of liability for damages
arising from gross negligence or wilful misconduct or for any other personal
injury arising from a voluntary act or gross negligence.
Should we be held liable for any damages not set out in
this article, Our liability shall be limited to
actual, real and direct damages.
Our company, its officers, employees, representatives
and partners shall not be held liable for indirect damages resulting from the
use of the Application and Services, including lost income, loss of profit or
damages resulting from data loss caused by an inability to use the Application
and Services.
Access to
third-party websites and services. The Application
may contain, where applicable, hypertext links to other platforms, displayed
manually or automatically, that send the User to websites published and managed
by third parties.
We inform Users that We exercise no control or monitoring
of third-party websites.
We cannot be held responsible for the content and services
available on such sites, any issues concerning the security or integrity of
data, the User's hardware or software or any consequences or damage that may result
from the use of third-party websites.
10.
Personal Data
Policy
Our Personal Data Policy contains important information
about the collection, retention and use of information provided by you as part
of the use of the Application. Please read it carefully.
11.
Applicable Law -
Attribution of Jurisdiction.
These Terms of Use and any Special Conditions are subject
to the law applicable in your place of residence.
12.
Divisibility of
these Clauses
If one or more clauses of these Terms of Use and Data
Protection Policy is proved null or cannot be enforced under a law or
regulation or as the result of the final decision of a competent court, the
validity of the remaining clauses and their enforceability shall not be
affected or compromised in any way.
13.
No Waiver
Failure by CALOR to claim breach by one or more Users of
any of the provisions of these Terms of Use will not be construed as tolerance
or waiver of its right to claim such a breach in the future and to take action in this regard.