LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE PLATFORM
I. GENERAL INFORMATION
The ownership of this Platform, www.moonoa.fr, and, where appropriate, the mobile application (as a whole, hereinafter, the "Platform") is held by: Wellbeing OS Ventures SL (hereinafter, "MOONOA"), provided with NIF: B02778900 and registered in the Mercantile Registry of Barcelona with the following registration data: Volume 46627, Folio 99, Sheet B-525901, Inscription 1a, and whose contact details are:
Registered Office: Gran Via fontpineda, 72, 08753 – Palleja - Spain
Contact email: contact@moonoa.fr
II. INFORMATION ABOUT MOONOA
Moonoa is a Platform specialized in the design of interactive health prevention programs, using the logical model of behavioral and cognitive therapies.
Rather than just treating symptoms, Moonoa's programs aim to profoundly change behavior to eliminate the risk of relapse.
Thus, each program is part of a sustainable approach, effectively addressing long-term risk behaviors and helping people achieve their health and wellness goals in their daily lives, using user data to deliver a personalized program.
The director of the publication of the Platform is Pablo Szefner, who acts as president of Wellbeing OS VENTURES SL.[ES1]
III. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Platform
The purpose of these General Conditions of Use (hereinafter, the "Conditions") is to regulate the access and use of the Platform. For the purposes of these Conditions, Platform will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, the “Contents”) and all those services or online resources that, where appropriate, are offered to Users (hereinafter, the “Services” ).
MOONOA reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Platform and the Content and Services that may be included in it. The User acknowledges and accepts that at any time MOONOA may interrupt, deactivate and/or cancel any of these elements that are integrated into the Platform or access to them.
Access to the Platform by the User is free and, as a general rule, is free without the User having to provide a consideration to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider contracted by the User.
However, some Content, Services and functions of the Platform are available exclusively to Users who have paid the corresponding fees for our Services. Except as otherwise noted (members only access), we grant you a limited, non-exclusive, non-transferable, revocable right to make personal use of our meditation Content, sleep stories and music, and recording system features. and sleep analysis available. the Contents or Services whose use is subject to the registration of the User or the payment of a price will be duly identified.
The user
The access, navigation and use of the Platform confers the condition of User, for which reason all the Conditions established here, as well as their subsequent modifications, are accepted from the start of navigation on the Platform, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be. Given the relevance of the foregoing, the User is recommended to read them each time he visits the Platform.
The MOONOA Platform provides a wide variety of information, services and data.
The User is informed that the information made available and provided within the framework of the Services offered by Moonoa on the Platform does not constitute medical advice or recommendation and cannot in any case replace consultations, treatments or diagnoses from a health professional.
The information provided on the Moonoa Platform is for informational purposes only and does not exempt the user from consulting a health professional in case of medical problems.
Therefore, the User assumes his responsibility to make correct use of the Platform. This responsibility will extend to:
• A use of the information, Content and/or Services and data offered by MOONOA without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may cause injury to the rights of third parties or the operation of the Platform itself.
• The veracity and legality of the information provided by the User in the forms issued by MOONOA for access to certain Content or Services offered by the Platform. In any case, the User will immediately notify MOONOA about any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or or passwords, in order to proceed to its immediate cancellation.
Mere access to this Platform does not imply any type of commercial relationship between MOONOA and the User.
The User declares to be of legal age and have sufficient legal capacity to be bound by these Conditions. Therefore, this MOONOA Platform is not directed at minors. MOONOA declines any responsibility for non-compliance with this requirement.
The Platform is mainly aimed at Users residing in France, MOONOA does not ensure that the Platform complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Platform, they will do so at their own risk, they must ensure that such access and browsing complies with the local legislation that is applicable to them, MOONOA not assuming responsibility any that may derive from said access.
User Content Posting Guidelines
MOONOA makes available to the User, through the Platform, functionalities that allow him to upload his own content, especially comments, opinions and other contributions that may be included in the "community" [ES2], (hereinafter, the "Contents of the User"). In this sense, MOONOA reserves the right to withdraw all User Content (as well as withdraw access to the Platform for Users) that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, offensive, spamming, that threaten youth or childhood, public order or security or that, in their opinion, are not suitable for publication on the Platform.
In any case, MOONOA will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that the Platform may offer.
In this regard, the User guarantees that (i) the published content is original and this is the creator of said content; (ii) the posting and use of such content does not infringe, misappropriate or violate the rights of any third party, including, without limitation, the rights of privacy, publicity, copyright, trademark or other intellectual property rights; (iii) where applicable, you have paid all copyrights, fees and any other sums due as a result of the content published on or through the Platform, and (iv) you have the right and legal capacity to comply with these terms and conditions under the applicable jurisdiction.
In this regard, the User acknowledges that MOONOA is free to use, totally or partially, the User Content in any medium and for any purpose. If one of the contributions is original enough to grant its author copyright protection, the latter will assign MOONOA free of charge, with all the associated factual and legal guarantees, all the exploitation rights it may have over the content. User Content that you have published on the Platform exclusively, for the entire world and for the maximum duration permitted by law.
User cancellation
MOONOA reserves the right to withdraw access to the Platform to any User who does not comply with these Conditions and/or breaks the law, including through the dissemination through the Platform of messages contrary to public order or morals, violent, racist , or apologetics of war crimes, abusive or rude, contrary to copyright or related rights, to the law applicable to databases, to trademark law, to the right to image, to the right to privacy , to the competition law or that violates any other legislative or regulatory provision in force.
IV. ACCESS AND NAVIGATION ON THE PLATFORM: EXCLUSION OF WARRANTIES AND LIABILITY
MOONOA does not guarantee the continuity, availability and usefulness of the Platform, nor of the Contents or Services. MOONOA will do everything possible for the proper functioning of the Platform, however, it is not responsible or guarantees that access to this Platform will not be uninterrupted or error-free.
Nor is it responsible or guarantees that the content or software that can be accessed through this Platform is error-free or causes damage to the User's computer system (software and hardware). In no case will MOONOA be responsible for losses, damages or harm of any kind arising from access, browsing and use of the Platform, including, but not limited to, those caused to computer systems or those caused by the introduction of virus.
MOONOA is also not responsible for any damages that may be caused to users due to improper use of this Platform. In particular, it is not responsible in any way for falls, interruptions, lack or defect of telecommunications that may occur.
V. LINKS POLICY
It is reported that the MOONOA Platform makes or may make available to Users link means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The purpose of installing these links, directories and search engines on the Platform is to make it easier for Users to search for and access information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them.
MOONOA does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.
Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
MOONOA will in no case review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing in the aforementioned linked sites.
MOONOA does not assume any responsibility for damages that may be caused by the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by MOONOA and that are linked on this Platform.
The User or third party that makes a hyperlink from a web page of another, different, website to the MOONOA Platform must know that:
The reproduction —totally or partially— of any of the Contents and/or Services of the Platform is not permitted without the express authorization of MOONOA.
Neither is any false, inaccurate or incorrect statement about the MOONOA Platform, or its Contents and/or Services, permitted.
The establishment of the hyperlink will not imply the existence of relations between MOONOA and the owner of the website or application to which it refers, nor MOONOA's knowledge and acceptance of the contents, services and/or activities offered on said site, and vice versa.
SAW. INTELLECTUAL AND INDUSTRIAL PROPERTY
MOONOA, by itself or as assignee, is the owner of all the intellectual and industrial property rights of the Platform, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the legal system, being applicable to them both the national and community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
All intellectual property rights on the Platform, therefore, are reserved to MOONOA. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of MOONOA.
The User undertakes to respect the intellectual and industrial property rights of MOONOA. He may view the elements of the Platform or even print, copy and store them on his computer's hard drive or on any other physical medium as long as it is exclusively for his personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Platform.
In the event that the User or third party considers that any of the Contents of the Platform supposes a violation of the rights of protection of intellectual property, they must immediately notify MOONOA through the contact information in the GENERAL INFORMATION section of this Notice. Legal and General Conditions of Use.
SAW. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
MOONOA reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Platform and Content, or for the breach of these Conditions.
The relationship between the User and MOONOA will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.
Last modified: March 15, 2021.
