General Terms & Conditions

‘A Tiny Silence’
TERMS AND CONDITIONS OF USE
Article 1. Définitions.
“A Tiny Silence” or “the Editor” means “A Tiny Silence”, Simplified Joint Stock Company with a capital of 200 euros, registered in the Narbonne Trade and Company Register under No. 216 455 88 77 and whose registered office is located 140 rue du Moulinas, Nefs des Sables 25K4, 11370 Leucate.
“Website” means the Editor’s website accessible at http://tinnitus-treatments.com and https://atinysilence.com
“Application” means the software solution created, developed and marketed by the Editor, available online and downloadable on the Users’ Terminal as a mobile application.
“Services” means all services offered to the User by the Website and the Application.
“Content” means all information, advice and Services on the Website and/or on the Application.
“Terminal” means any computer or communication device that provides access to the Content.
“User”, “Users” or “End User” means the individual(s) who is a user of the Website, Application and/or Content.
“Party(s) ” or “The Parties” means individually or collectively the Editor and/or the User(s).
“TCU” means these Terms and Conditions of Use which govern the terms of access and use of the Website, the Application and the Services, as well as the rights and obligations of the Parties under the TCU.
“Personal Data” means personal information that identifies Users in order to offer them the Services.

Article 2. Objet.
The TCU define :
• 1 – How Users access and use the Website, Application and Services for personal use for non-commercial purposes.
• 2 – The rights, obligations and limitations of the Parties.
The TCU shall apply without any restriction or delay to all updates or patches of the Website, the Application and/or Services provided by the Editor.

Article 3. Acceptation.
Access to and use of the Content requires the User’s full and undivided prior acceptance of the present TCU.
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Article 4. Limitation of liability.
. The User accepts and acknowledges:
• 1 – that in accordance with the provisions of Article L.5211-1 of the Public Health Code, the Content provided by the Editor may only be used for diagnostic or therapeutic purposes.
• 2 – that the obligation to provide Services by the Editor is limited to an obligation of means and does not give any guarantee of improvement or cure of any pathology whatsoever.
• 3 – that the information made available is neither complete nor exhaustive and that this information does not cover all the different symptoms, medicines and treatments appropriate to the pathologies concerning it.
• 4 – that the information, advice and Services available on the Website and/or the Application (the “Content”), do not create a patient-physician relationship, do not constitute directly or indirectly a medical consultation and shall not in any way substitute for the advice of a physician or health care provider for the diagnosis or treatment of hearing or other disorders.
As a result, the User is invited to consult with his health care provider before making any health decision, and should never delay seeking medical advice, ignore medical advice or stop medical treatment or treatments because of the Content.
On the other hand, the User is duly informed that the Content is based on scientific work conducted by doctors, but that it was not written or created by doctors.
It follows from the above that the use of the Website, the Application and the Content is the responsibility of the User and the Editor will not assume any direct or indirect responsibility for the decisions made by the User and based partially or totally on the Content as well as for any direct or indirect damage, loss or consequence that may result.

Article 5. Intellectual Property.
For all countries, the Publisher retains all intellectual and commercial property rights, including in particular:
• brands, corporate names, trade names, brands and domain names,
• representations or graphic elements,
• audio creations,
• and all advice and Services,
available on the Website and/or the Application.
The TCU does not imply any assignment of Intellectual Property Rights to the User.
Consequently, all operations of reproduction, translation, diffusion, distribution, representation, adaptation, modification, marketing, concession of sub-license relating to all or part of the Editor’s intellectual property rights are prohibited regardless of the purpose, medium, duration, place and means used.

Article 6. User Account.
Prior to use of the Services, the User creates a user account (the “User Account”) allowing him or her to access his or her User space and the Services.
The User declares to be of age or to benefit from the authorization of an adult exercising parental authority.
The User acknowledges that the User Account is strictly personal, indivisible and non-transferable.
Any use of a User name containing terms contrary to the laws in force, may result in the suspension or closure of the User Account by the Editor.
The User undertakes to keep its credentials and passwords strictly confidential.
‘A Tiny Silence’ shall not be held responsible for any fraudulent use of the User Account and/or its direct or indirect consequences.

Article 7. Personal Data.
Personal Data is collected and processed by the Editor in accordance with the provisions of EU Regulation No. 2016/679 of 27 April 2016, known as “GDPR”, (the “Applicable Regulation”).
Collection:
The Personal Data collected are:
When creating a User Account: frequency of tinnitus as selected by the User, user name, access code, email address, date and time of creation.

Use:
Personal Data is only used by the Editor for the purpose of:
• Creation and management of the User Account.
• Access to the Website and the Application and fight against intrusion and misuse.
• Sending commercial information and a newsletter to the User.
• Notifications to the User of changes to the Website, Application, Content and/or  Privacy Policy and  TCU.
• Personalized identification of tinnitus.
• Provision of Personalized Services.
• Statistical analysis aimed at improving Content.
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Rights of the User:
In accordance with the Applicable Regulations, the User may at any time exercise his right:
• object to the receipt of the newsletter and/or commercial offers from the Editor.
• access and/or obtain rectification or erasure of their Personal Data.
• to have their User Account deleted.
by informing the publisher of its intention at: contact@atinysilence.com. Please specify: subject: “personal data”.
In order to preserve the security and confidentiality of Personal Data, this request must be accompanied by proof of identity. The voucher will be destroyed once the application is processed.
In case of unfounded or excessive requests, in particular because of their repetitive nature, the Editor reserves the right to invoice or not to respond to any request from a User subsequent to a request duly satisfied by the Editor and relating to the same subject.

Recipients:
The Personal Data provided upon registration by the User will be used only by the Editor and will not be the subject of any commercial use or sale or transfer to third parties.

Conservation:
The Editor will retain the Personal Data for three (3) years from the creation of the User Account, unless it is necessary to comply with any legal, regulatory, accounting or tax obligation to keep the Personal Data and may, where appropriate, keep them in anonymised form.

Security:
During this period, the Editor implements all organizational, software, legal, technical and physical means to ensure the confidentiality and security of Personal Data, in order to prevent their damage, erasure or access by unauthorised third parties.

Subcontracting:
The data collected may be communicated to subcontractors contractually responsible for certain tasks. In the performance of their services, the subcontractors have only limited access to the Personal Data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data.

Portability / Reversibility:
In accordance with the Applicable Regulations, and subject to providing proof of its identity, the User may obtain the reversibility of its Personal Data free of charge by notifying the Editor by registered letter with acknowledgement of receipt.
The Personal Data will be returned in the form of a standard computer file which will be sent by email to the User within a maximum period of thirty (30) days from the request.

Derived data:
In accordance with the Applicable Regulations, the User is informed that the Personal Data that are derived, calculated or created by the Editor from the data provided by the User are excluded from the right to portability, insofar as they are not provided by the User, but created by the Editor.

Transfer:
Personal Data is processed and stored in the European Union.

The User is informed that he can contact the Commission Nationale de l’Informatique et des Libertés: 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

Article 8. Services
Two levels of services are available to the User:
1 – The User has free of charge the possibility to identify his tinnitus, and to perform the THI test. No data are collected.

2 – After validating  the tinnitus identification process, the User has access to the online payment platform.
Once the single payment has been made, the User can access via his User Account a set of personalized therapeutic services that are definitively acquired to him:
• Audio Therapies.
• Therapeutic Environments.
• Additional relaxation and controlled breathing activities.

Article 9. Availability of Services
The Editor undertakes to make every effort to guarantee the User the availability 24 hours a day and 7 days a week of the Website, the Application and the Content including the Services, except in the event of a computer failure or networks, maintenance operations or force majeure.
However, t is the responsibility of the User who acknowledges it to ensure the compatibility and proper functioning of its Terminal, its access to networks, and compliance with updates.
Consequently, the User acknowledges that the Editor may in no case be held responsible for malfunctions or interruptions of access to the Website, the Application and/or the Content.

Article 10. Force majeure
In case of force majeure within the meaning of Article 1218 of the Civil Code, the lack of access to the Website, the Application and/ or the Content cannot be the subject of any recourse, and the obligations of the Parties, under the TCU, will be suspended for the duration of the case of force majeure and will resume as from the cessation of force majeure.

Article 11. Terms of sale and refund policy.
At the conclusion of the sale, the Editor grants to the End-User who accepts it, a personal, definitive, not sub-licensable and non-transferable right to access all the Services via the Application, from its Terminal and to use them non-commercially and for its own benefit.

The User is informed that according to article L. 121-21-8 point 13 of the Consumer Code:
“The right of withdrawal cannot be exercised for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal. “
The user accepts and acknowledges that the validation of the General Terms and Conditions of Sale during the payment process constitutes an express waiver of his right of withdrawal.

Article 12. Updates
the Editor may, at its discretion, make available to the User on the distribution platforms, updates that make corrections or changes to the functionality of the Website, the Application and/or the Content, in particular with a view to adapting to technical and/or legislative developments.
The User agrees to install without delay any update or patch provided by the Editor.
During upgrade and/or maintenance operations, the Editor may suspend access to the Website, the Application and the Content without notice and without compensation.
Should an update result in a modification of these TCU, the Editor undertakes to inform the User either
1 – by e-mail to the e-mail address of the User Account with a hyperlink redirecting to the modified Terms and Conditions.
2 – as a pop-up display on the Terminal screen at the next launch of the Application making access to the Services subject to the User’s acceptance of the modified TCU.
Any use of the Application and/or the Services after the notification of the modified TCU shall be deemed to be acceptance without reservation of such modifications.
In case of refusal of acceptance by the User of the modified TCU, the latter declares and acknowledges that the Services will be unavailable.

Article 13. ‘As is’ supply
The obligation to provide Services by the Publisher is limited to an obligation of means.
As a result:
• The Website, Application and Content are provided “as is” without any express or implied warranty of any kind, which the User acknowledges and accepts.
• The Editor does not warrant that the Website, Application and/or Content is free from anomalies, errors or bugs.
• The information and advice provided reflects the Editor’s state of knowledge at the time of publication. Due to ongoing progress in the area of health and other factors, this information and advice may not be up to date. The Editor works tirelessly to ensure their accuracy and undertakes to rectify promptly any error or inaccuracy that will be brought to its attention.

Article 14. Third parties
The Website and/or the Application may provide the User with links to content, websites or applications (hereinafter the “External Content”) developed by other entities (hereinafter the “Third Parties”);
The Editor does not exercise any control over External Content from Third Parties and assumes no responsibility for it.
The terms of use and privacy policies of the Third Parties are their own and do not bind the Editor in any way.

Article 15. Applicable law
All provisions of these TCU, as well as access to and use of the Website, the Application, and the Content are subject exclusively to French law.
Users also agree to comply with all applicable national laws and regulations when using their Terminal for access to the Website, the Application and the Content outside the French territory.

Article 16. Treatment of consumer disputes
The User is informed that, in addition to any other amicable means of settlement of disputes, he has the possibility to use free of charge a procedure of conventional mediation of consumer disputes, in accordance with Articles L611-1 et seq., and R612-1 and following of the French Consumer Code.
The procedure requires the User to have previously tried an amicable resolution of the dispute with the Editor, by contacting him by:
• Email to reclamations@atinysilence.com, or
• Registered mail with acknowledgement of receipt to: ‘A Tiny Silence’, Claims Department, 140 rue du Moulinas, Nefs des Sables 25K4, 11340 Leucate
The User can then contact the relevant mediator within a maximum of twelve (12) months.
Relevant mediator : MEDICYS, 73 boulevard de Clichy, 75009 Paris / contact@medicys.fr

In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, here is the link to the online dispute resolution platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.