GENERAL TERMS AND CONDITIONS OF USE OF THE TEALE PLATFORM

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The purpose of these terms of use (hereinafter the "Terms") is to define the conditions of use of the "teale" digital platform accessible via a digital application and a website, intended to be offered by companies to their employees to provide them with psychological support and improve their daily lives (hereinafter the "Platform") and to govern the relationship between the Platform publisher and its user.

Installation and use of the Platform by any user (hereinafter the "User") implies acceptance of the Terms and is therefore governed by them.

1. Identification

ENSOPCO, a simplified joint-stock company with a share capital of EUR 12,980.09, whose registered office is located at 9 bis rue de la Briqueterie – ZAE des Fauvettes, 95330 Domont, registered with the Pontoise Trade and Companies Register under number 894 917 459, and operating under the trade name “Teale” (hereinafter referred to as the “Publisher” or “Teale”), is the contracting party of the User under these Terms of Use.

The User may contact the Publisher by email at: support@teale.io.

The Publisher develops, operates, and markets the Platform accessible at https://my.teale.app/ and through the Teale digital application, using available technologies, in particular a computer or mobile device. The Teale application is available for download on the Play Store and the App Store.

The operation of the Platform and the functionalities offered are described in these Terms of Use as well as in the user guide, accessible via the application or on the website teale.io.

2. Purpose of the Platform

These Terms of Use are intended to define the conditions of access to and use of the Platform and the Services. The Terms of Use must be complied with by every User.

The Platform is designed to be offered by Teale partners (“Companies”) to their employees and members, as well as, where applicable, their spouses and adult children (the “Beneficiaries”), in order to contribute to their psychological well-being. The tools offered are as follows:

  • The Platform consists of a set of tools and functions that help to improve the User's well-being by enabling them to self-assess and monitor their state of well-being, and to seek to improve it through personal development programs.
  • In addition, the Platform enables the User to book Sessions with mental health and/or well-being professionals (hereinafter the "Practitioners"), in person or remotely via the tools offered by the Platform (video session, audio session, messaging) on a specific date and at a specific time.

3. Duration of these Terms

These Terms enter in effect as soon as the User has checked the box “I have read and accept the Terms” (or any equivalent wording).

The Terms are then entered into for an indefinite period, i.e., for as long as the User maintains an account. The User may delete their account at any time from their User Area.

4. Access to the Platform

4.1. To be able to use the Platform, the User must be a natural person, eighteen (18) years old or of legal age in his/her country of residence, with full legal capacity.

4.2. Use and, where applicable, installation of the Platform requires the User to :

  • Have a computer with internet access or a mobile device with a recent iOS or Android operating system and internet access,
  • Access the teale.io website or download the Platform from the download platform or from the link provided by email at the time of the invitation,
  • Accept the Terms: by checking the box “I acknowledge that I have read and hereby accept the Terms” (or any equivalent wording), the User accepts the Terms, warrants that they have the legal capacity to accept them, and undertakes to comply with them,
  • Review the Privacy Policy,
  • Create a personal account, in particular by entering a unique identification code received by email.

5. User Space

5.1. The User can create a personal account in order to make optimum use of the Platform (hereinafter the "User Space").

5.2. Once the User Space is created, the User :

  • fills in the following details: surname, first name and e-mail address;
  • chooses a username and password to log in. 

5.3. Access to the User Space is systematically subject to the User's login and password. These are strictly personal and it is the User's responsibility to take all steps to ensure their confidentiality. Any access to and use of the Platform using the User's identifier and password are deemed to have been made by the User. 

5.4. Failure to complete the collection forms will prevent the User from registering. 

5.5. The User can delete his/her User Space at any time, by simple request to the Publisher. Such deletion is permanent. 

5.6. The Publisher reserves the right to delete the User Space without notice in the event of a breach of the Terms by the User, without the User being entitled to claim payment of any compensation whatsoever. The Publisher may exercise this right without prejudice to its right to claim damages for any loss suffered as a result of the User's breach of the Terms.

6. Subscription

6.1. Certain tools and functionalities of the Platform are not accessible to all Users and are reserved for Beneficiaries of the Companies  that have taken out a subscription with the Publisher (hereinafter the "Subscription"). They are offered under the conditions governing this Subscription. These tools include the psycho-educational content available in the application, access to the Joy Chatbot and the ability to make an appointment with a Practitioner (hereinafter the "Tools").

6.2. As part of the Subscription, the User receives an access code which is sent to him by email by the Publisher (hereinafter the "Access Code"). 

6.3. The Access Code enables the User to access the Tools offered on the Platform. If the Access Code is not provided, it will not be possible to use the Tools. 

6.4. Access to the Tools offered on the Platform is within the limits of the Subscription taken out by the Company. Access to the Tools is only possible for the duration of the Subscription:

  • The User may access the Tools offered on the Platform throughout the duration of the Subscription.
  • If the Subscription is terminated, the User may continue to use the Platform, including the User Space, but may no longer access the Tools offered on the Platform. Where applicable, only the content offered free of charge remains accessible to the User. 

7. Acceptance of the Terms

7.1. Any User wishing to use the Platform must read and accept the Terms.

7.2. By ticking the "I acknowledge having read and hereby accept the General Terms of Use" box, the User acknowledges that they adhere to, comply with and accept the content of these Terms. 

7.3. The Publisher reserves the right to modify and update the Terms at any time and without prior notice, it being understood that the applicable Terms are those in force at the time of acceptance. Where applicable, the User will be informed of any changes to the Terms. They are invited to read and accept the new version of the Terms.

8. Services offered on the Platform 

The Publisher provides Users with a number of services (“Services”), free of charge or subject to payment, depending on the Subscription subscribed to by the Company.

8.1. Teale Assessment 

8.1.1. The Platform includes a psychological well-being self-assessment tool (hereinafter the “Teale Assessment”), consisting of a structured questionnaire enabling the User to evaluate their well-being at a given point in time, across several dimensions such as personal balance and social relationships. This Assessment is based on frameworks established by research in psychological sciences, notably those of the World Health Organization (WHO) and recognized instruments for the prevention of psychosocial risks. Its use is entirely free and optional for each User.

8.1.2. Based on the User’s responses, the Teale Assessment provides access to tailored content aimed at improving well-being (exercises, programs, guidance). It does not constitute a medical device and cannot replace a consultation with a healthcare professional. The results of this self-assessment are not intended for medical use and shall not give rise to any liability of the Publisher in relation to their interpretation or any decisions made on their basis.

8.1.3. The Teale Assessment is available free of charge to all Users, without any Subscription requirement, and remains accessible for as long as the User Account is active, subject to compliance with these Terms of Use.

8.2. Digital Content

8.2.1. The Platform offers a library of diverse digital content, including but not limited to videos, articles, podcasts, thematic programs, and testimonials, designed to raise awareness, provide information, and support the User in improving their psychological and emotional well-being (hereinafter the “Content”).

8.2.2. Some Content is accessible free of charge to all Users, without any Subscription requirement.

8.2.3. Other Content is reserved for Users whose Company has subscribed to an active Subscription that includes access to such Content. When Content is not accessible to a User, a padlock icon explicitly indicates this within the Platform interface.

8.2.4. Access to the Content is strictly personal and limited to use in compliance with these Terms of Use. Any reproduction, distribution, or exploitation of the Content for non-personal purposes is prohibited without the Publisher’s prior authorization.

8.3. Telephone Support Service

8.3.1. The Platform allows Users to access a toll-free 24/7 telephone support line (hereinafter the “Telephone Support Service”):

  • The toll-free number is communicated to the User through a channel determined jointly by the Publisher and the Company;
  • This Telephone Support Service enables the User to receive remote psychological support sessions with a psychologist, in accordance with the Code of Ethics applicable to the psychologist;
  • Waiting times may vary depending on the availability of psychologists;
  • At the end of the telephone session, the psychologist may, if necessary, refer the User to their Practitioner on the Platform or to any other qualified healthcare professional;
  • The Telephone Support Service does not constitute an emergency service. In the event of a medical or psychiatric emergency, the User must immediately contact emergency services at 15 or 112.

8.3.2. User access to the Telephone Support Service is subject to payment and requires that the Company has subscribed to this option as part of its Subscription. 

8.4. Connection with Practitioners

8.4.1. The Platform allows the User to book sessions with Practitioners (hereinafter the “Sessions”), either remotely or in person, as part of a matchmaking service. The Publisher’s liability is strictly limited to providing the technical and logistical connection; the Sessions are the sole responsibility of the Practitioners. 

8.4.2. When a User books a Session with a Practitioner located in a country other than the one in which the User resides, the Session cannot constitute an act of psychology or psychotherapy regulated in the User’s country of residence, unless the Practitioner is duly authorized to do so in that country. Otherwise, the Session is limited to personal development and well-being support.

8.4.3. Teale does not guarantee that Practitioners are authorized to practice psychology or psychotherapy in all of the Users’ countries of residence. Users are informed that it is the Practitioner’s sole responsibility to ensure that their practice and insurance coverage comply with the applicable requirements.

8.4.4. Access to the Practitioner connection service is subject to payment and requires that the Company has subscribed to a Subscription with the Publisher.

8.4.5. The Sessions are fee-based. They may be covered, in whole or in part, by the Company under the Subscription. In this respect, the Company may allocate to its Beneficiaries a specified number of Session credits. Each Session credit entitles the User to book one Session with a Practitioner at no additional cost. The User is informed, via the Platform and upon registration, of the number of credits available and may use them to book Sessions without incurring extra charges.

8.4.6. Session credits are valid for one year from the date of allocation. After this period, any unused credits automatically expire and cannot be carried forward or refunded.

8.4.7. Where the Subscription does not include free Sessions, or where the number of free Sessions permitted under the Subscription has been exhausted, the User may purchase paid Sessions. The price of the Sessions is displayed on the Platform. Payment for and access to paid Sessions require acceptance of the General Terms of Sale (GTS), in addition to the Platform’s Terms of Use.

8.4.8. Sessions may be cancelled by Users. Any Session cancelled less than 24 hours before the scheduled time shall be deemed completed. In such cases, one credit will be deducted, or a payment will remain due.

‍8.5. Joy AI chatbot

8.5.1. The Publisher provides the User, subject to the Subscription subscribed to by the Company, with a conversational agent based on an artificial intelligence system (hereinafter “Joy”). Joy is a digital assistant designed to support the User’s psychological well-being, available at all times via the Platform, except during periods of unavailability or maintenance.

8.5.2. Joy relies on natural language processing and information retrieval technologies in order to provide the User with personalized content, stress management exercises, psychoeducational resources, as well as guidance towards services offered on the Platform.

8.5.3. Joy does not constitute a healthcare professional, a medical device, or an emergency service. It does not provide diagnoses, medical recommendations, or therapeutic support. Joy is not intended to replace a consultation with a qualified practitioner.

8.5.4. In the event of psychological distress or a critical situation, the User undertakes to contact a qualified healthcare professional or the emergency services (notably by calling 15 or 112). An information message reminding the User of these limitations and the available resources is systematically displayed before and during the use of Joy.

8.5.5. Access to Joy is reserved for Users with an active User Account and an active Subscription including this feature. Use of Joy is optional. The User may freely access Joy at any time, interrupt its use without justification, and request the deletion of associated data under the conditions set forth in the Privacy Policy.

8.5.6. The User acknowledges that the responses generated by Joy are produced automatically by artificial intelligence algorithms, overseen and supervised by the Publisher. The Publisher cannot be held liable for the consequences of inappropriate, improper, or non-compliant use of Joy, nor for any direct or indirect damages that may result therefrom.

8.5.7. In particular, the Publisher disclaims any liability for the use of Joy for medical purposes or as a substitute for advice or consultation with a qualified professional.

9. Financial conditions for services 

9.1. Free services

The free services are offered to the User free of charge. 

9.2. Chargeable services

As provided in these Terms of Use, access to certain Services offered on the Platform requires that the Company has subscribed to a Subscription with the Publisher. This Subscription enables the activation, for designated Users, of specific features such as access to Joy, booking Sessions, or accessing reserved Content. Alternatively, certain paid Services may also be purchased directly by the User, in particular through the purchase of additional Session credits. In such cases, the User is required to pay the price displayed on the Platform (hereinafter the "Price").

Payment of the Price is made via a payment tool offered on the Platform.

Once the Price has been paid, the use of one or more chargeable service(s) does not give rise to any additional charges other than subscription charges with a telephone operator and Internet connection charges. 

10. Maintenance

10.1. The Publisher will use its best efforts to monitor and correct any bugs that may affect the Platform. 

10.2. The Publisher will use its best endeavors to maintain the Platform so that it is compatible with new versions of operating software.

10.3. This maintenance will be carried out by making available new versions of the Platform, which the User will be invited to download.‍

11. Liability of the Publisher

11.1. The Publisher accepts no liability for the suitability of the Platform for the needs of Users.

11.2. The Publisher shall not be liable for any consequences that may result from the interpretation of the results generated by the Platform and the use thereof by the User or any third party. 

11.3. The Publisher shall not be held liable for any direct or indirect damage that may result from accessing or using the Platform or the information and results contained therein, whatever their nature. The Publisher accepts no responsibility for the appropriateness of decisions or the way they are implemented taken by the User solely on the basis of information generated by the Platform and the services it offers. 

In particular: 

  • Under no circumstances shall the Publisher be liable for the consequences of the User's use of the Platform or of any content transmitted via the Platform (such as, for example, information, data and services provided by the Practitioners). Accordingly, the Publisher accepts no responsibility for the impact that such use will or may have on the physical and mental health and well-being of the User. Nor does the Publisher guarantee that use of the Platform will provide the User with a result that he or she would have hoped to obtain by using the Platform; 
  • The Platform is not a medical device. The data communicated via the Platform is not intended to be used for medical purposes. The analysis and self-assessment tools made available to Users are not a substitute for a medical consultation with a healthcare professional. For all practical purposes, the Publisher provides Users on the Platform with information enabling them to contact emergency medical services. Under no circumstances shall the Publisher be liable for any consequences that may arise from the use of content communicated via the Platform for medical purposes; 
  • The Publisher cannot be held liable for the responses provided by Joy, which are automatically generated by an artificial intelligence system. The User acknowledges that Joy in no way replaces a healthcare professional and undertakes not to use it for medical or diagnostic purposes. The Publisher disclaims any liability in the event of inappropriate use or use as a substitute for a medical consultation.
  • The Publisher will use its best endeavors to offer content of the highest quality on the Platform, but does not guarantee and shall not under any circumstances be liable for the accuracy or conformity of the content with research data, i.e. information collected, produced and used by scientific research; 
  • It is expressly agreed between the Parties that the Publisher is in no way responsible for the Sessions offered by the Practitioners and the information they may have transmitted directly or indirectly (in person or via the content offered on the Platform) and excludes all liability in this respect. In particular, the Publisher may not be held liable for the measures and recommendations relating to the organization and follow-up of Sessions, as these are not included in the services offered by the Publisher, as specified in article 7 hereof; 
  • In the event of any difficulty arising during a Session, the User may pursue any claims directly against the Practitioner concerned, to the exclusion of any recourse against the Publisher.
  • The Publisher shall not be held liable for any direct or indirect damage caused by the fault, failure or negligence of the Platform User; 
  • The Publisher shall not be held liable for temporary interruptions or limitations of access to certain Services of the Platform resulting from maintenance operations, updates, or technical malfunctions beyond its control.
  • It is expressly agreed between the Parties that Practitioners carry out their activity in complete autonomy and independence from the Publisher. Consequently, the Publisher cannot be held responsible for any event likely to occur between the User and the Practitioner during Sessions booked using the Platform.

11.4. The Publisher declines all liability in the event of damage suffered by the User, in particular because of the loss, deterioration or alteration of files, or the transmission of viruses that may infect his/her computer equipment or any other property in connection with the connection and/or the Session and/or the use of the Platform. It is the User's responsibility to take all appropriate measures to protect their data and equipment from contamination by viruses and attempts by third parties to gain access to their computer system via the Platform. 

11.5. The User acknowledges that data transmission on the Internet network is relatively reliable from a technical point of view and that the data itself is not protected against possible misappropriation. Under these conditions, the communication of passwords, login details or any other confidential data, and more generally, of any information of a sensitive nature, is carried out by the User under his/her sole responsibility.

11.6. The User acknowledges that the Publisher may not be held liable for the operating conditions of the Internet network that may affect access to or use of the Platform, and in particular problems of access, availability and throughput of the Internet network that may prevent access to the Platform or significantly slow down access to the Platform and affect response times for displaying, consulting, querying, or transferring data. 

11.7. The User acknowledges that he/she is solely responsible for his/her equipment being connected to the Internet and that, consequently, the Publisher is not liable for any damage that may occur during his/her connection. 

11.8. Consequently, in full knowledge of the foregoing, the User waives the Publisher's liability for one or more of the aforementioned facts or events.

11.9. In all cases, the User shall endeavor to minimize any damage, in its own interest as well as in that of the Publisher.

11.10. Notwithstanding the foregoing, the Publisher's commitments regarding the protection of personal data, as described in the Privacy Policy, remain in force.

12. Obligations and warranties of the User

12.1. The User undertakes: 

  • To use the Platform and the Services exclusively for the purposes for which they were designed, in a lawful manner, in accordance with the rules in force and these Terms, and in compliance with public policy and accepted standards of behavior;
  • To respect the image and reputation of the Publisher and not to harm its business in any way whatsoever;
  • Not to harm the interests of the Publisher, directly or indirectly, in any way whatsoever.

12.2. The Publisher reserves the right to withdraw the User's access to the Platform in the event of a breach of these Terms, without prejudice to any damages that may be claimed from the User.

12.3. The User indemnifies the Publisher, as well as all persons involved in the creation and development of the Platform, against all claims, liability, costs, and expenses arising from the breach of these Terms or in connection with the use of the Platform. 

13. Restrictions

13.1. The Services offered on the Platform are and shall remain the exclusive property of the Publisher. The User is granted only a right of access to and use of the Services within the limits defined by these Terms of Use.

13.2. The User undertakes not to, and not to allow any third party to:

  • Use the Services or the data generated in violation of applicable laws and regulations, including those relating to data protection, health, safety, international trade, sanctions, or export controls;
  • Use the Services or the data generated in a manner that infringes upon the rights of third parties, including intellectual property rights, or with the intent to generate counterfeit, unlawful, or harmful content;
  • Transmit, through the Services, personal data relating to minors under fifteen (15) years of age or to any legally incapacitated person, without the express consent of their legal representative;
  • Carry out or attempt to carry out any form of reverse engineering, decompilation, extraction, translation, or reconstruction of the technical functioning of the Services, the algorithmic models, or the underlying systems;
  • Use the data generated by the Services, including in modified form, for the purpose of reverse engineering the systems of the Publisher or its partners;
  • Undermine the security, stability, or proper functioning of the Services, including by circumventing or disabling protection mechanisms, conducting penetration tests, or making any other unauthorized attempt at technical analysis;
  • Extract, copy, scrape, or systematically or automatically reuse all or part of the content accessible via the Services;
  • Buy, sell, rent, or transfer to third parties, whether for consideration or free of charge, access to the Services or identification elements (codes, accounts, APIs, etc.) provided by the Publisher.

14. Intellectual property

14.1. With the exception of the data entered by the User, the Platform and all the elements making it up, in particular all Content, computer programs, databases, visual elements, texts, graphics, photographs, images, trademarks, logos, creations and various copyrightable works, etc., whether registered or not, and more generally any information appearing on the Platform, is the exclusive property of the Publisher or of third parties with whom the Publisher has entered into agreements allowing it to be used. 

14.2. The Publisher grants the User a non-exclusive, strictly personal and non-transferable licence to use the Platform solely for the purposes for which it is intended. This licence takes effect upon acceptance of the Terms by the User. Regarding the Tools, it is granted solely for the duration of the Subscription. 

14.3. The User has no rights to the Platform other than the right of use. In particular, the User does not have the right to reproduce it, distribute it or, more generally, exploit it by any means whatsoever without the express prior consent of the Publisher. In particular, the User undertakes:

  • not to make any modifications to the Platform, and not to decompile it except in the cases and within the limits provided for in the Intellectual Property Code;
  • not to delete or move any property reference;
  • not to print, list, display, reconstitute or decompile the machine-readable version of the object code of the Platform and to ensure that all persons who may have access to the Platform comply with this obligation;
  • not to transfer or grant all or part of its rights to a third party.

14.4. The Publisher reserves the right to modify, correct, maintain and provide technical support for the Platform.

15. Personal data

15.1. The Publisher collects the User's personal data.

15.2. The purposes, recipients and conditions under which the Publisher collects and processes personal data are set out in the Platform's Privacy Policy, which can be accessed here: https://teale.io/fr/politique-de-confidentialite

16. Platform availability

16.1. The Publisher uses all reasonable endeavors to ensure that the Platform is accessible 24 hours a day, 7 days a week, but is under no obligation to do so. 

16.2. The Platform may not be accessible in particular in the event of force majeure, breakdown or maintenance operations which the Publisher may carry out at any time, without prior notice. In the event of prolonged inaccessibility of the Platform, the User will be duly informed.

17. Technical assistance

Where provided for in the Subscription, technical support for the Platform is made available to the User. This support can be contacted by email at support@teale.io.

18. Mediation

In accordance with the provisions of articles L. 611-1 to L. 616-3 of the French Consumer Code, the User is hereby informed that he/she may submit any dispute to the Consumer Mediator, whose contact details are :

Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD)
The FEVAD E-Commerce Ombudsman Service
60 rue la Boétie
75008 PARIS FRANCE
mediateurduecommerce@fevad.com

19. Applicable law - Jurisdiction

19.1. All the clauses contained in these Terms, as well as all purchase transactions carried out on the Platform, are governed by, subject to and interpreted in accordance with French law, regardless of the User's country of residence and the place of use of the Platform or of the purchase transaction. The original version of the present document is in French. If it is translated into one or more languages, solely the French version shall govern and control in the event of a dispute.

19.2. Any dispute relating to the validity, interpretation, performance or termination of these Terms shall be subject to the jurisdiction of the court in whose jurisdiction the registered office of the company referred to in Article 1 is located, even in the event of multiple defendants or the introduction of third parties.

19.3. In the event of difficulties in the application of the Terms, the parties will favor an amicable solution before any recourse to the courts.