Terms of service
1. Who are we?
The MyHooxy application (« Application ») is published by Sensoria Analytics, a SAS with a capital of 320,000 euros and represented by Slaheddine ARIDHI, President.
Our head office is located at 91, chemin des Tennis 06140 Vence and we are registered at the Registre du Commerce et des Sociétés de Grasse under the number 830 646 691.
You can contact us at any time at +33 (0)4 22 46 24 20.
The Internet Application is hosted by TAS Group, an Italian company with headquarters in Via Cristoforo Colombo 149, 00147 Roma.
The trust you place in us every day is our priority. As such, we do our utmost to ensure that you can maintain this trust on a daily basis, which obviously includes Terms of Service (« TOS ») that are respected and known by all.
The TOS, which apply to all of our services, are intended to present the rules that you must follow when using our Application, knowing that any use of the Application implies unreserved adherence to the TOS.
You therefore certify that you have read the TOS prior to any use of our Application and that you have all the information and skills necessary to ensure that the services provided correspond to your needs.
3. What are our commitments regarding the Application?
We put at your disposal the MyHooxy Application which aims to provide you with all the information you may be looking for on our service offers and on our company.
We do our best to provide you with a quality Application, accessible 24 hours a day, 7 days a week, offering accurate and precise content, free of any risk of technical failure.
Nevertheless, as there is no such thing as « zero risk » in computer matters, we cannot be held responsible for any damage that may occur as a result of using the Internet Application, as we cannot be held responsible for any errors, unavailability or interruptions that may occur in our Application or in the event that a virus is accessible from our Application.
We are also not responsible for any delay or inability on your part to meet your obligations under the TOS if the delay or inability results from any cause beyond our reasonable control, nor are we responsible for any hacks, errors or viruses that may be installed on your terminal and affect the service or for any steps or actions taken or omitted to be taken by a system administrator.
In addition, your access to our Application and services may occasionally be suspended or limited to allow for repairs, maintenance, or to add new functionality or service.
4. What is our responsibility for your health results and analysis?
You are informed that Sensoria Analytics cannot replace a medical advice provided by a health professional. MyHooxy is a tool that allows to provide you with a result on a given moment, according to chosen parameters and your health status at the moment.
In this respect, Sensoria Analytics shall not be held liable in case of misinterpretation by you in medical matters. In any case, it is expressly agreed that we are only subject to an obligation of means for the provision of the Application and the results thereof. You also agree that we can only be held liable in the event of a fault on our part, knowing that this liability can only be applicable for direct and foreseeable damage, indirect damage being excluded.
Sensoria Analytics also provides a service where the results can be analyzed by all users of the same account. You have the option of creating another account if you do not want your sensitive information to be made available to third parties or other members of your family. We will not be liable for any disclosure of your information due to improper setup or use of the Application.
Furthermore, you are informed that any case of force majeure immediately and automatically suspends the execution of the Application. If the force majeure event lasts longer than two months, we reserve the right to suspend or terminate the service without notice or compensation.
In particular, events beyond our control which could not be reasonably foreseen at the time the Application was made available and whose effects cannot be avoided by appropriate measures and which prevent its use shall be considered as force majeure.
In particular, these are those usually retained by the jurisprudence of the French courts and tribunals such as war, riot, fire, internal or external strikes, lockout, occupation of the premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions, legal or regulatory modifications, accidents of any kind, epidemic, pandemic, illness affecting more than 10% of the staff of our association in a period of two consecutive months, the absence of energy supply, partial or total stoppage of the Internet network and, more generally, of private or public telecommunications networks, road blockages and impossibilities of supply and any other case beyond our control preventing the normal execution of the Application.
5. What are your obligations and duties when using the Application?
You agree to comply at all times when using the Application with (i) applicable national and international laws and regulations and (ii) the TOU.
YOU WARRANT THAT YOU WILL NOT USE THE APPLICATION AND ITS SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR IMMORAL OR CONTRARY TO ITS INTENDED USE AND/OR PURPOSE.
In all cases, you agree not to, directly or indirectly:
use the Application in such a way as to infringe the intellectual and industrial property rights, the right to privacy and/or the right to image and/or any other right of others.
conduct activities to access elements or features of the Services that are used without our prior and express authorization.
arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Application, by any means without our prior and express authorization.
modify, distort, block, abnormally burden, disrupt, slow down, and/or hinder the normal operation of all or part of the Application, or their accessibility to other users, or the operation of partner networks, or attempt to do any of the foregoing.
transmit or spread any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organize, participate in or be involved in any way in an attack against our servers and/or our Application and/or the servers and/or services of our providers and partners.
If you notice any malicious behavior or behavior that violates our TOS, you may contact us at firstname.lastname@example.org.
6. Can your account be suspended or deactivated?
We may limit, restrict, suspend or terminate all or part of your account at any time, without notice and without notice to you, in the event that you fail to comply with your duties and obligations under the TOS, or at the express request of any governmental or judicial authority, or in the event of any actual or alleged infringement of any right, all without such action constituting a breach of our obligations.
Any closure of your administrator account will result in the permanent deletion of the personal data provided to us when you opened or updated your account.
7. What are the rules applicable to intellectual property?
We are and remain the exclusive owners of all intellectual property rights on the trademarks (e.g. Sensoria Analytics, MyHooky, etc.), graphic design or logos, or any other element that you may see when using our Application.
The fact that you may have free access to it during your use does not imply that we are granting you any license or right to use the elements of this Site.
You do not have the right to use these elements, in any way whatsoever, in whole or in part, without our prior written authorization. Any use on your part that we would not have authorized can constitute a counterfeit sanctioned by the articles L335-2 and following of the Code of the intellectual property and by the articles L713-2 and following of the same code.
Our Application is also likely to mention, for various reasons, other logos, trademarks or registered trademarks belonging to us or to third parties and protected by industrial property law. Therefore, any use of these elements that is not expressly authorized constitutes an infringement.
8. How do we use your personal data?
When we work together and you browse our Application, we have no choice but to process your personal data in order to handle your requests, manage our business relations, etc.
9. What is the applicable « standard » language?
The Application can be translated into different languages. Nevertheless, French remains the « standard » language of our company and our business. The French language always prevails over the other versions of the Application in the context of our working relationship, especially in case of misinterpretation, dispute, or difficulty of interpretation on our services.
10. What are the rules for hyperlinks?
The Application may contain hyperlinks to third party websites or sites. You are informed that we are not responsible or liable for any offers, actions, content, products, services or other items available through these links.
Furthermore, we thank you in advance for notifying us of any hypertext link present on the Application that would allow access to a third-party site offering content contrary to the law or morality.
The nullity of one of the clauses of the present document does not entail the nullity of the TOS and the other clauses will continue to produce their effects.
The fact that Sensoria Analytics does not avail itself temporarily or permanently of one or more clauses of the TOS, shall in no way imply a waiver of its right to do so.
13. What is the applicable law for the use of the Application or any dispute relating to these terms and conditions?
Sensoria Analytics is a French company. Consequently, the use of our Mobile Application is subject to French law and any dispute shall be brought exclusively before the competent French courts.
14. Can the terms and conditions be changed?
We reserve the right to modify the TOS at any time and without notice. We therefore advise you to consult them as regularly as possible.