These ToS are active since September 17th 2018
The company STUDIO LEVART, “société par actions simplifiée (SAS)” immatriculated at the “Registre du Commerce et des Sociétés” of Coutances under the number 817 686 157 R.C.S. Coutances, which is located at 16 rue de la cavée 50180 Agneaux, France (called “STUDIO LEVART” in this document) manage a mobile application named “TSUBOOK” (the “Application”) and its related website (the “Website”).
This application provides its users features to facilitate the study and practice of Shiatsu. These users declare they take all the necessary measures to practice Shiatsu.
1. How this agreement works
1.1. The present Terms of Service (the “ToS”) apply between STUDIO LEVART and any physical or moral person which use the mobile application TSUBOOK (the “User”).
1.2. The present ToS aims to define the conditions in which the Users can reach the Application and use it, as well as the rights and obligations of STUDIO LEVART and the User in the context of the Application usage.
1.3. The fact that the User validates the text “I have read and I accept the Terms of Service” means the User knows and accepts, without condition, the present ToS applicable to the Application as described below. The only exception is when the law in the country of the User contradicts clauses of these terms. In this case, and only for the contradicted clauses, the law applies instead of the ToS.
1.4. STUDIO LEVART is free to modify, at any moment and without prior warning, the present ToS. It will be done mainly to take in account any legal, editorial and/or technical evolution.
STUDIO LEVART will inform the User about these modifications by e-mail and/or at next opening of the Application by the User.
The fact the User continues to use the app after being informed of the ToS modification means the User accepts the modification of the ToS. The version of the ToS which is valid is the one present in the Application.
1.5. In the hypothetical case where one of the clauses of these ToS will be declared illegal by the law in the country of the user, only this clause should be ignored. The legality of all the other clauses will still stand.
1.6. The present ToS indicate all the obligations of both parties, if no other document or contract applies.
2. Application content
2.1. Application description
TSUBOOK is a mobile application allowing its Users to have access to Shiatsu knowledge.
The Application offers various information about Shiatsu. STUDIO LEVART try to offer to the users the most pertinent and up to date content. This content can change over time and can be interpreted, and STUDIO LEVART can not be responsible in the case of inaccuracy, omission or error.
STUDIO LEVART keep the right to offer any other service it will think useful, in any form.
2.2. Application User
The User has to be a physical person of more than 17 years old or a moral person officially registered, to have the juridic capacity to subscribe to the desired services and to be the owner of a credit or debit card.
The Application is available only to people which declare that they take all the necessary precautions to practice Shiatsu.
2.3. Download of the Application
The Application is downloadable and usable on smartphones and tablets.
The User has to download the Application from the appropriate download platform, adapted to the electronic equipment of the User, and under its own and unique responsibility. This download is under the terms of service of the download platform.
2.4. Payment modality
2.4.1. The access to some of the Application features is free.
The other Application features are paid. These features can be acquired by the User separately and/or in packs containing various features valid for one or various devices. The packs of features, with the maximum number of devices on which they can be activated, are detailed inside the Application and in the Website.
To gain access to the paid features of the Application, the User needs to pay the total amount(s) of money displayed on the download platform or on the Website at the moment of the order, determined by the number of features and/or packs selected by the User.
2.4.2. The User which has downloaded the Application for free can, afterwards, get the paid features, if he/she pays the total amount(s) of money displayed on the download platform or the Website at the moment of the order, determined by the number of features, the number of concerned devices and/or packs selected by the User. STUDIO LEVART may change the packs’ availability, content, number of device and price and the features individual availability, number of device and price at any moment and without prior warning.
2.4.3. Application updates that STUDIO LEVART may publish can be downloaded for free. When it is updated, the Application offers new features to the User, which can be either free or paid. The new features offered by the Application can be freely downloaded through the same download platform it was downloaded the first time.
To get access to and use the paid features of the updated Application, the User needs to pay the total amount(s) of money displayed on the download platform or the Website at the moment of the order, determined by the number of features, the number of concerned devices and/or packs selected by the User.
2.4.4. Prices are displayed in the currency of the User country, if available. If not, it will be displayed in the most relevant currency found. Prices inside the app are only for information, the real prices are the one on the download platforms and the Website.
The prices on the download platform or the Website can be with taxes included or not. For details about that please refer to the download platform terms or to the pricing details on the Website.
2.4.5. In case of payment through a download platform, STUDIO LEVART decline all responsibilities regarding the payment of the Application or any of its paid packs or features. This responsibility is exclusively the concern of the download platforms, which have authority of all the payment conditions and modalities regarding these payments.
The responsibility of STUDIO LEVART can never be involved in this subject.
2.5. Application use
2.5.1. The present Application offers the necessary technology for its access and use, but the presence of a virus or other dangerous elements, introduced by any mean or anyone, which can alter the device of the User, can not be excluded.
2.5.2. STUDIO LEVART keep the right to modify, at its own will and without prior warning, at any moment, the configuration of the Application, the services and the offered content, like the right to eliminate, limit, suspend or forbid access, temporarily or indefinitely.
3. Responsibility limitations
3.1. The User accepts that the information, and more generally, all the available content in the Application are given for information purposes only, to allow an optimal use of the Application, but can not involve the responsibility of STUDIO LEVART.
3.2. STUDIO LEVART does not guarantee, explicitly or implicitly, the proper functioning of the Application, especially regarding any technical problem.
3.3. STUDIO LEVART can not be designated as responsible for the loss of information integrated or added by the User in the Application.
3.4. STUDIO LEVART can not be designated as responsible for the User usage of the Application. The User has to be conscious of the medical impact of his/her actions and the effect that they could have on other people, and assure he/she takes all the necessary precautions, including the ones regarding security and hygiene regarding the Application use.
3.5. STUDIO LEVART is not responsible for the non-respect of legal obligations by the User linked to what he/she does with the Application, especially when the User uses the Application to practice Shiatsu on people.
3.6. STUDIO LEVART is not responsible for any incompatibility, malfunctioning or any other technical problems, between the services use of the Application and the equipment of the User.
3.7. STUDIO LEVART can not be designated as responsible for the risks of virus contamination, intrusion attempt, etc., which can be generated by the use of the Application.
3.8. STUDIO LEVART will do all its best to ensure the continuity of the service, but is under only a mean obligation. STUDIO LEVART does not provide any guarantee, explicitly or implicitly, relative to the continuity and durability of the Application, to the performance of the Application, to the conformity or compatibility of the Application to a specific usage, to the quality or the absence of weakness or defect of the Application, to the eviction or to the non-violation of the laws and rules or present ToS of the Application by other Users.
3.9. The User agrees that his/her Application usage is at his/her own risk. The Application is provided “as is” and is available without any availability or regularity guarantee. STUDIO LEVART will try to make the Application available 24h/24h and 7/7 days, but in case of force majeure or an event out of the control of STUDIO LEVART and subject to maintenance periods, breakdown, technical hazards linked to the network nature or malicious acts or any violation of the material or the software of STUDIO LEVART.
STUDIO LEVART can interrupt, suspend or modify temporarily and without notice the access to the Application, in particular for security reasons, for resource restructuring, for maintenance or improvement of the Application or to improve the data availability through the Internet. As much as possible, STUDIO LEVART will warn the User before this Application interruption. In all these cases STUDIO LEVART will do its best to make the least possible Users affected by the interruption. STUDIO LEVART can not be designated as responsible for the possible damages caused by these interruptions, including data loss.
3.10. STUDIO LEVART can not be designated as responsible for an interruption of all or part of the Application, no matter the cause, the duration or the frequency of this interruption.
The User accepts that access to the Application may use Internet and that technical issues can affect the network and involve slowing down or unavailability perturbing or preventing the access to the Application.
3.11. In absolutely no cases can the responsibility of STUDIO LEVART be involved in case of mistake, failure, omission or negligence of the User, in case of force majeure, events or accidents independent of STUDIO LEVART’s will, like strikes, social troubles, natural catastrophes, fires, etc., and also in case of mistake, negligence or omission from a third party on which STUDIO LEVART has no control.
3.12. No advice and no information, oral or written, obtained by the User from the Application is under any guarantee not explicitly written in the present ToS.
4. User obligations
4.1. The User commits to respect all laws applicable to the Application use.
4.2. The User is solely responsible for his/her Application use and the proper functioning of its device.
The User is informed and accepts that the execution of the Application needs to be connected to the Internet, and the quality of the Application depends directly of this connection, which the User is solely responsible for.
4.3. The User is also solely responsible for the protection of its device against any virus contamination, intrusion attempt, etc.
4.4. By accepting the present ToS, and more generally, by using the Application, the User acknowledges that he/she is conscious of the medical impact of his/her actions and the effect that they could have on other people, and assures he/she takes all the necessary precautions, including the ones regarding security and hygiene regarding the Application use.
The User acknowledges that the Application offers to him/her an additional solution, not alternative to an educational tool which can improve his/her knowledge and professional skills, and that this solution can not be considered as a substitute to other means the User has as his/her disposal to reach the same objective.
Moreover, in the hypothesis that the User discovers incorrect information, or more generally inexact, missing or mistaken content, he/she commits to inform STUDIO LEVART as soon as possible, by sending an email to: firstname.lastname@example.org
4.5. The User has the obligation to not try to make the Application malfunction.
4.6. Application usage is forbidden to Users which access has been voluntarily suspended or deleted by STUDIO LEVART.
4.7. In the case of illegal actions taken by a User and/or in the case of the violation of the present ToS and/or any legal obligation, STUDIO LEVART can immediately, without prior warning nor indemnity, suspend or cancel the access of the User to the Application and block his/her access, temporarily or definitively, to all or part of the Application. STUDIO LEVART is authorized to pursue in justice all Application use which is not conform to the present ToS.
In the case of inappropriate behaviour of the User and/or non-respect of the present ToS, appreciated at the discretion of STUDIO LEVART, STUDIO LEVART may suspend or cancel the User access to the Application, without prior warning and without indemnities.
STUDIO LEVART have also the right to pursue in justice every Application usage which do not conform to the present ToS.
5. Prohibited behaviour
5.1. It is strictly forbidden to use the Application for the following aims:
The exercise of activities which are illegal, fraudulent or harmful to the right and security of third parties ;
The breach of the public peace or violation of the law;
Any intrusion in the computing system or any other activities which can harm, control, interfere or intercept all or pieces of the computing system of a third party, violate its integrity or security ;
More generally, any activities editing the Application for aims that it has not created for.
5.2. It is strictly forbidden for the Users to copy and/or edit to their advantage or the advantage of third parties, the concept, the technologies, or any other element, whateversoever, of the Application.
5.3. Also strictly forbidden:
all behaviours aiming to interrupt, suspend, slow down or prevent the continuity of the Application ;
all intrusions or intrusion attempts in the systems of STUDIO LEVART ;
any editing of the system resources of the Application ;
any act aiming to harm the rights and financial, commercial or moral interests of STUDIO LEVART or the users of the Application ;
and finally, more generally, any disrespect of the present ToS.
5.4. It is strictly forbidden to trade, sell or give all or part of the access to the Application.
6. Intellectual property
Without exhaustiveness, the “TSUBOOK” brand and all its derivatives, the logos, the graphic design, the disposition, the information, the presentation and the content of the Application, including texts and information, are the exclusive property of STUDIO LEVART.
The systems, softwares, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, sounds, logos, brands, databases, etc.) used by STUDIO LEVART inside the Application are also protected by the intellectual property or rights of the database producers. All disassembling, decompiling, decrypting, extractions, re-use, copies or more generally any act of reproduction, representation, diffusion or use of any of its elements, in full or in part, without the authorization of STUDIO LEVART are strictly prohibited and can be pursued in justice.
Any reproduction or representation, full or partial, of the Application or any component, such as the brand, the logos, the graphic design, the disposition, the information, the presentation or the contents of the Application (non-exhaustive list), is strictly forbidden.
The fact that the User has access to the Application does not include any transfer of intellectual property rights on the User.
7.1. The User must provide certain personal data to have access to the Application and to create a personal account, which he accesses using an e-mail address and a password.
7.2. The collected personal data are:
- The User’s first name(s) and last name (s): STUDIO LEVART uses this information to personalize the communications with the User by, without being exhaustive, e-mail, mail, inside the softwares that the User uses… This information is also used during a request for a promotional code within the context of partnership. This request always comes from the User. The first names and last names are then communicated to the partner, so the partner can say if the User is one of the members of his/her school or not.
- The User’s e-mail address: the e-mail address is the main means of communication between STUDIO LEVART and the User (see next paragraph).
- The User’s identifier: when the User creates an account, a unique ID number is assigned to him/her. This identifier is used through the different services of STUDIO LEVART to distinguish one User from another.
7.3. STUDIO LEVART can get in touch with the User through their e-mail address in several cases:
- Operating emails: These e-mails contribute to the efficiency and comfort in use of the Application. The only possibility for the User to no longer receive these e-mails is to delete his account.
– When registering, to help the user get started using the Application
– When changing a password, to check that the request is coming from the User
– When applying for a promotion, to inform of the confirmation or refusal of the request
– During a technical problem, to inform the user of the impact that the problem may have on its use of the application and possibly the actions that the user can take to remedy it
– When the present ToS changes, to inform the User that he/she has to accept them in order to continue to use the Application
– When the User seems to have abandoned Tsubook, to help STUDIO LEVART to understand the reason of abandonment and perhaps help the User to better understand the Application features
– When a new version of the Application is published, to invite the User to update the Application
- Promotional e-mails: the User can subscribe or unsubscribe from these e-mails at account creation and in the account parameters.
– When there is a temporary promotion on the price of an item that the User does not already have
– When an event is organized by STUDIO LEVART
- Beta-test e-mails: the User can subscribe to the beta-test, after which he/she will receive all the e-mails about the beta-test process and he/she will be able to unsubscribe at any moment in the parameters of his/her account.
- Newsletter e-mails: the User can subscribe to the newsletter, after which he/she will receive information about the Shiatsu world and he/she will be able to unsubscribe at any moment in the parameters of his/her account.
7.4. The personal data of the Users collected at the time of their subscription are subject to an automated processing by STUDIO LEVART in order to manage and to administrate them.
This processing has been declared to the “Commission Nationale de l’Informatique et des Libertés” (CNIL) under the number 2088277.
The User’s personal data are not communicated to third parties, excepted in the following cases:
– if the User has deliberately accepted to receive offers from partners of STUDIO LEVART
– at a promotion request in the context of partnership (only first names and last names are communicated to the partner for verification)
– if the third party is a provider of STUDIO LEVART which allows it to manage the personal data (without use permission)
Following the French law “n° 78-17 du 6 janvier 1978 modifiée relative à l’informatique, aux fichiers et aux libertés”, each User has the right to access, modify, rectify or delete the data about him/her.
Each User can use this right online by writing an email to the following address: email@example.com or by writing to STUDIO LEVART at the following postal address: 16 rue de la cavée 50180 Agneaux, France.
Each User can modify his/her personal data in the parameters of his/her account, in the Application.
Each User can delete his/her account in the parameters of his/her account, in the Application. Account deletion will delete all the personal data from STUDIO LEVART’s servers and tools. After account deletion, the User will not be able to use the Application.
7.5. To process the User’s personal data, STUDIO LEVART is helped by several providers. These providers have absolutely no rights to use the User’s personal data for things other than organization or storage of these data. In the wording of the General Data Protection Regulation (GDPR) of the European Union, these providers are the “Processor” and STUDIO LEVART is the “Controller” of the personal data.
7.6. At the subscription to the Application, the User agrees to provide data which is true, exact, updated and complete about his/her identity. The User agrees to immediately update the data he/she has communicated when registering. Users are reminded that article 226-4-1 of the French Penal Code punishes with one year imprisonment and €15,000 fine the act of usurping the identity of a third party or to make use of one or more data of any kind to identify them in order to disturb their peace or that of others, or to affect his honour or his consideration. The User who finds one or more facts constituting the crime of impersonation on the application of STUDIO LEVART must immediately inform STUDIO LEVART at the following address: firstname.lastname@example.org
The User is solely responsible for the use made of his personal account and the protection of any identifiers and passwords necessary to access the Application. Any impersonation, loss, misappropriation or unauthorized use of identifiers and their consequences, are the sole responsibility of the User. In all the cases mentioned above, the User is obliged to inform STUDIO LEVART, without delay, by electronic mail, specifying his name, first names, e-mail address and, if possible, old password, to the following address, email@example.com, to allow STUDIO LEVART to take measures to remedy the situation, including the cancellation and/or immediate update(s) of the identifier concerned and/or the password concerned. The misuse of this signalling capability is likely to lead to the responsibility of the person who abuses it.
7.7. At the closure of the personal account of a User, for any reason whatsoever, the data relating to this account and in particular the traffic data are erased or made anonymous and may only be used for statistical purposes. However, it may be deferred for a maximum of one year to operations to erase or anonymise certain categories of data to ensure the security of STUDIO LEVART facilities and for the purposes of research, finding and the prosecution of criminal offenses, and for the sole purpose of allowing, as necessary, the provision of information to the judicial authority.
Closing the account is an irreversible action and makes it impossible to use the Application.
7.8. STUDIO LEVART uses tracking in the Application. It is an automatic tracking process that records information about the User’s navigation on the Application, and stores information entered during visits to facilitate the registration process and improve the use of the Application. The User acknowledges that tracking is an essential tool for the improvement of the Application, and therefore accepts that he can not oppose its implementation on the Application by STUDIO LEVART.
7.9. STUDIO LEVART may provide to the competent public authorities the data in its possession and any other information that may be requested in accordance with the legal and regulatory provisions applicable in this case.
In the case of translation of the present ToS into one or more languages, the interpretation language will be the French language in case of contradiction or debate around the meaning of a term, a disposition or a clause.
The User guarantees STUDIO LEVART against any complaint, reclamation, action and/or claim that STUDIO LEVART could be subjected to, following the violation, by the User, of any of the obligations or guarantees in the present ToS.
The User commits to compensate STUDIO LEVART for any harm it should endure and to pay all the costs, charges and/or convictions it could be subjected to in this matter.
The fact STUDIO LEVART does not claim a failure or a negligence of the User to any contractual or legal obligations can not be interpreted as a renunciation to claim this failure or this negligence.
The fact for STUDIO LEVART does not claim a stipulation of the ToS does not involve any renunciation to benefit from this stipulation.
11. Applicable law and jurisdiction
The present ToS are under French law.
Any dispute between STUDIO LEVART and a User, in particular about the formation, the execution, the interpretation, the validity or the resolution of the present ToS, including all the conservatory procedures, the emergency procedures, in case of summary judgment, appeal, request or defendant plurality, will be handled by the Paris jurisdiction, unless this attribution of jurisdiction is not applicable because of the quality of one of the parties or because of a procedure.