Terms & Conditions
Last updated: April 8 2021
This document sets out the terms and conditions (“Terms”) on which Team Penguin, a French company with registered office at 128 rue de la Boétie, 75008 Paris (France) and company number 811 667 674 RCS Paris (“we”) provides you with access to Quit: Hypnosis to Stop Smoking (the “App”). Please read these Terms very carefully before using the App.
1. Acceptance of the Agreement
You acknowledge and agree that by downloading and using the App or subscribing to our services, you agree to be bound by (i) these Terms, and (iii) any terms disclosed and agreed to by you if you purchase additional features we offer on the App (collectively, this “Agreement“). If you do not accept this Agreement, you will not be able to use the App.
We may make changes to this Agreement and to the service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the App, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by notification through the App. If you continue to use the App after the changes become effective, then you agree to the revised Agreement. Nevertheless, if you make an in-app purchase, you will remain bound by the version of the Terms applicable at the time you accepted them.
You must be a consumer, be at least 18 years old and have reached the age of majority in your country of residence.
3. Access and use of the App
To access and use the App, you must:
- a) Download the App from the App Store or Google Play (free).
- c) Start using the freemium version of the App with limited features only or subscribe to one of our paid plans to get access to more advanced features. You can subscribe at any time.
You can access and use the basic features of the App for free. If you want to access the more advanced features of the App, you can subscribe at any time to our services using in-app purchase. We offer different subscription plans. The applicable prices and conditions are specified in the App.
If you choose to make an in-app purchase, your app store account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your app store account. The app store may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your app store account will continue to be billed for the subscription until you cancel.
5. Payment terms
Payment is due for the entire period of subscription at the time when you subscribe to our services.
We have no direct control over payment, exchange rate or transfer of funds nor on any possible fees inherent to these operations.
Consequently, your app store alone is liable for its payment terms and processes. This is why we have no control over reimbursement of your purchase. Any requests related to payment must be sent to your app store.
We do not collect any banking information. Your bank details are collected and processed directly by your app store and remain outside of our control.
6. Subscription term and renewal
Your subscription takes effect obligatorily between you and us starting at the time you subscribed and for the entire subscription period chosen.
After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your app store account and follow the instructions to cancel your subscription, even if you have otherwise deleted the App from your device. Deleting the App from your device does not cancel your subscription; we will retain all funds charged to your app store account until you cancel your subscription through your app store account. We recommend that you terminate your subscription at least 24 hours prior to term of the previous subscription.
If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
7. Right of withdrawal
As specified in Section 5 above, payments are processed and managed entirely by your app store, such that the right of withdrawal, if applicable, must be exercised directly through your app store.
Consequently, when you decide to exercise this right to withdrawal, you must notify your app store, depending on the type of device used at the time of purchase:
For Google Play: follow the instructions that appear in the following link to access the terms and conditions for exercising your right to withdrawal from Google Play and to the model form: https://support.google.com/googleplay/answer/7205930?ctx=7659581&visit_id=636923806604702476-265013927&rd=1&co=GENIE.Platform%3DDesktop&oco=1
For more information, you can contact Google Play help center. The information for contacting them by phone can be found by clicking the link below: https://support.google.com/store/answer/6178715.
For the App Store: you must notify that you are exercising your right to withdrawal using the form supplied by Apple Distribution International by sending it to the following address: Apple Distribution International, iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. The model form as well as the terms and conditions for exercising your right to withdrawal from the App Store are accessible by clicking on the following link: https://www.apple.com/legal/internet-services/itunes/fr/terms.html. You can also submit a request using the following link: https://getsupport.apple.com.
8. Your rights and obligations
Subject to your compliance with these Terms, we grant you a personal, worldwide, limited, non-exclusive, non-transferable, royalty-free, revocable right to access and use the App in accordance with the Agreement, strictly for your personal use.
Any other use of the App, not authorized by us, is prohibited. In particular, you shall not:
- • use the App or any of its content for any commercial purposes without our written consent;
- • use any robot, bot, spider, crawler, scraper, site search/retrieval Application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the App or its content;
- • use the App in any way that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App;
- • upload viruses or other malicious code or otherwise compromise the security of the App;
- • frame or mirror any part of the App without our prior written authorization;
- • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App, or cause others to do so, in particular to create a similar service;
- • use or develop any third-party applications that interact with the App without our written consent;
- • encourage or promote any activity that violates this Agreement.
In the event that we believe that you are making illegal and/or unauthorized use of the App, we reserve the right to take any action we deem necessary, including terminating the agreement and, in the case of illegal use, initiating legal proceedings.
9. Intellectual property
The App, our website, their content and all the elements present on the App and our website are protected by intellectual property law and may not be reproduced or used without our prior consent. Any reproduction without our permission is therefore an infringement.
10. Personal data
11. Availability and security of the App
In principle, the App is accessible 24/7, except for interruptions, scheduled or unscheduled, for maintenance purposes or in cases of force majeure. We decline all responsibility in the event of malfunction or interruption of the service beyond our control and related to human error, a bug, a virus or the actions of a third party. We cannot be held responsible for any damage you may suffer as a result of your use of the App if this damage results, in whole or in part, from one of your actions or omissions or if this damage is due to a technical incompatibility between your equipment and the App. We are not responsible for third-party applications, hyperlinks or advertisements available on the service.
We cannot be held responsible for any consequences resulting from the modification, discontinuation or deletion of the App or any functionality offered by the App, for any reason whatsoever and in particular due to technical constraints.
In addition, any event that can be qualified as a force majeure event may lead to the suspension or interruption of the App, during which our responsibility cannot be engaged. Force majeure events include any fact or omission beyond our control and meeting the criteria established by the French jurisprudence.
We provide the App on an “as is” and “as available” basis and to the extent permitted by applicable law, we grant no warranty of any kind with respect to the App and its content.
In particular, the App has been designed to encourage you to quit smoking through self-hypnosis. Results will vary between users, and we make no guarantees as to the suitability of your use of the App or to any particular, intended result.
Hypnosis is a powerful tool, but it still can sometimes need complimentary therapy or counseling sessions in conjunction with this. The App is no substitute for the services provided by life or social counselors, coaches, psychologists, psychiatrists, psychotherapists or physicians and the App is provided without any promise or commitment in this respect. Consequently, we do not assume any liability whatsoever in the event that users fail to consult qualified experts or specialists.
Nothing in this Section 12 will limit or exclude any of our liabilities in any way that is not permitted under applicable law.
These Terms are governed by French law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.
In case of dispute, we invite you to contact the Customer Service (see Section 14), in order to find an amicable solution.
If you are an EU or EEA resident and if no amicable solution is found after you sent us a claim in writing, you are informed that you can resort, free of charge, to mediation. You can also submit your claims on the online dispute resolution website (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage) of the European Commission, which will transmit your claim to the relevant mediator.
In any case, any dispute may be brought to the courts having jurisdiction.
14. Customer Service
If you have any comments or questions, please feel free to get in touch by sending an email to email@example.com.