Atom Business Consulting (“we” or “the Company”, 987 723 764 R.C.S. Paris) is the owner of the Alohadoo platform and services (hereinafter referred to as the “Services”).
These General Terms and Conditions of Use (hereinafter referred to as “T&Cs” or “Agreement” or "Contract") are intended to define the conditions of use of the Services and the rights and obligations of Atom Business Consulting and the User.
This document contains important information on the legal obligations, rights and remedies of the User and Atom Business Consulting.
By using our Services and accessing the Alohadoo application (hereinafter referred to as "the Platform"), the User acknowledges having read, understood and accepted the T&Cs listed in this document. The User undertakes to respect, without reservation, these T&Cs.
Any breach or violation of any terms of this document will immediately result in the termination of the Agreement and the cessation of the provision of the Services.
Alohadoo is a prevention and wellness monitoring services platform. It provides users with questionnaires, content (texts, audio, video, etc.), educational courses and games. Registration for the free offer or paid offers implies full acceptance of the T&Cs listed in this document. Acceptance is collected when the User Account is created. At this stage, the links to the Privacy Policy and to the T&Cs, accessible at any time at the bottom of each page of the site, are shared to the Internet user.
This acceptance of the T&Cs and the Privacy Policy can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these T&Cs and Privacy Policy must not access the Platform or use the Alohadoo Services.
The free account is a limited version of the application that allows you to understand the operation and principle of the Services. Paid offers provide access to additional features.
Alohadoo is a prevention and wellness monitoring services platform. Alohadoo is neither a medical provider nor a health care provider. Our service should not be used as medical advice. A medical opinion or a diagnosis can only be made by a health professional. Anyone feeling in physical and/or psychological pain should first consult their doctor and/or therapist.
The Services are based on research and recognized clinical studies, however Atom Business Consulting does not declare or warrant that the Services provide any therapeutic benefit. Health information produced by us or our suppliers is provided for your general informational purposes only.
The User expressly accepts the T&Cs, without restriction or reservation when creating her/his/their/zir User Account. The creation of a User Account implies the User's full and complete acceptance of the Agreement. If the User does not agree with all or part of the T&Cs, she/he/they/ze must not use the Services. The T&Cs are applicable from their acceptance by the User for an indefinite period until the termination of the Agreement and the deletion of the User Account.
By using the Services, the User acts as an autonomous adult or as a parent or guardian of a minor or assisted adult (hereinafter referred to as "Relative") whom she/he/they/ze authorizes to access the Services and for whom she/he/they/ze is held strictly responsible.
Access to the Services requires the creation of a User Account. The use of the Services is reserved for Users who are natural persons over the age of fifteen (15) and who have the capacity to subscribe to bonds. We do not accept registration from users under the age of 15.
By creating an account, the User declares to be fifteen (15) years old. If the User is under the age of eighteen (18), she/he/they/ze must review this Agreement with one of her/his/their/zir parents or legal guardian to ensure that the agreement is fully understood and that she/he/they/ze agrees to comply with it.
The User is responsible for all activities that occur on her/his/their/zir User Account. User must immediately notify us of any unauthorized use of their account, or any other breach of security related to their account.
When creating her/his/their/zir User Account, the User agrees to provide accurate and complete information about her/his/their/zir identity. In particular, she/he/they/ze undertakes not to create a false identity likely to mislead Atom Business Consulting or third parties and not to usurp the identity of another person. The User undertakes to immediately update, in the event of any modification, the data that she/he/they/ze communicated during his first connection to his User Account.
A User Account is strictly personal. A User Account or Alohadoo subscription is neither transferable, nor salable, nor exchangeable in any way whatsoever.
After the validation of the T&Cs and the creation of her/his/their/zir User Account, the User receives a confirmation email electronically to the address she/he/they/ze has provided. It is the User's responsibility to verify that the email address provided is correct when creating their Account.
Once her/his/their/zir email address has been confirmed, the User can use the Services.
The User undertakes to keep her/his/their/zir Username and password secret (hereinafter referred to as the “Identifiers”). The User is solely responsible for any misappropriation, loss or unauthorized use of her/his/their/zir Identifiers. In this case, the User is required to notify Atom Business Consulting without delay, by e-mail and specifying her/his/their/zir email, surnames and first names at the following address: contact @alohadoo.com. The User acknowledges that Atom Business Consulting has the right to take all appropriate measures in such cases. Atom Business Consulting will, depending on the case, suspend the User Account and/or immediately update the Identifiers concerned.
Any access and use of the Services made from the User Account will be considered as having been made by the User. In this regard, the User is solely responsible for the use made of her/his/their/zir Identifiers, in particular if she/he/they/ze pre-registers her/his/their/zir Identifiers on equipment to automatically connect to the Services. The User is thus required to ensure that at the end of each session she/he/they/ze actually disconnects from the Services when she/he/they/ze accesses them from a public computer. For the protection of its users, the Platform manages an automatic disconnection of the User after a period of 20 minutes without activity.
The Privacy Policy available here , describes the respective roles and obligations of the User and Atom Business Consulting regarding the processing of Personal Data in the context of the performance of the Services. By accepting these Terms, the User and Atom Business Consulting agree to comply with the terms and conditions of said policy. If the User uses the User Account to manage the follow-up of a Relative, the User declares (i) that she/he/they/ze has provided the Relative with a copy of the personal Data protection policy mentioned above, (ii) that the Relative has delegated to the User to consent, in her/his/their/zir name and on her/his/their/zir behalf, to the processing of her/his/their/zir Personal Data, (iii) that she/he/they/ze undertakes to provide proof by any means of this delegation at the request of Atom Business Consulting, (iv) be legally authorized to do so in the event that the Relative does not have the legal capacity.
The transmission by the User of content and documents containing health data to any third party is done under her/his/their/zir sole responsibility.
By accessing her/his/their/zir User Account, the User can publish texts, answers, comments, etc.
Atom Business Consulting is in no way responsible for the content or accuracy of the information and documents shared by the User.
We do not endorse or control User Content, and we cannot guarantee the authenticity of any information User provides about them, including their identity. If the user provides public information that is false, inaccurate, not current or incomplete, or if Atom Business Consulting has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, Atom Business Consulting has the right to suspend or terminate the User Account and refuse any current or future use of all or part of the Services, without liability. The User acknowledges that she/he/they/ze accesses the content of the Services knowingly and that she/he/they/ze is solely responsible for any damage or loss of content resulting therefrom.
By using the Platform, the User accepts:
By posting a media document on the Platform, the User guarantees that she/he/they/ze has the authorization of all persons appearing in her/his/their/zir media document and the rights mentioned in this contract to publish it. The User undertakes never to publish a media document on which a person appears and for which she/he/they/ze cannot provide proof of her/his/their/zir explicit permission.
The User remains solely responsible for the legality of the content and documents that she/he/they/ze adds to the Services.
It is strictly forbidden to publish on our servers documents or content of any kind that contain incitement to hatred, abuse, offensive, obscene, pornographic, sexually explicit images or behavior, or that could give rise to criminal or civil proceedings under applicable laws or regulations, or which may conflict with our T&Cs or our Privacy Policy.
We offer 2 types of subscription: free registration and paid subscription.
The free registration is to be used to test and understand the functioning of the service. This is a limited version and gives limited access to our services.
The paid subscription gives access to all the features included in the type of subscription chosen. The list of features, the commitment period and the price of a subscription are available on the description screen of each type of subscription :
Subscription to paid subscriptions is done from the Alohadoo Platform via the Stripe in-app purchase system. Atom Business Consulting will send the client, by e-mail, to the address mentioned in her/his/their/zir account, the confirmation of the agreement in accordance with the provisions of article L221-13 of the consumer code.
At the end of the initial period, in order to avoid any discontinuity of the Services, the subscription contracts are automatically and tacitly renewed for successive periods of the same duration as the initial period, from date to date, at the current rate of the year of renewal communicated by the publisher Atom Business Consulting, unless the Subscription is terminated under the conditions of these T&Cs.
As part of annual subscriptions (commitment 12 months, 365 calendar days) :
As part of the subscription to a Basic subscription (1 month commitment) :
The activation of the paying account is immediate. As soon as the payment of the subscription is made successfully, the user can take advantage of all the functionalities of the subscribed subscription and this until termination of the subscription.
Any period started is due in full.
If we do not receive payment from the payment method you provided, you agree to pay all amounts due upon demand from us.
In the event of payment failure, the customer is notified by email and on his Alohadoo User Account. The entry of new bank details can be done from the Stripe integrated purchasing system accessible by the Invoicing menu from your User Account.
The User expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically result, from the first presentation of a formal notice by email :
The User can access, at any time, the invoices of the subscription via the Stripe integrated purchasing system accessible by the Invoicing menu from the User Account.
The User may terminate the subscription at any time. Access to the Services linked to the subscription will remain available until the end of the commitment made by the User. The termination of the subscription is done via the Stripe integrated purchasing system accessible by the Invoicing menu from the User Account.
The User agrees to promptly inform Atom Business Consulting of any changes to the means of payment provided by him, as long as the paid subscription is in progress. The User is responsible for all costs and charges incurred, including applicable taxes, and for all subscriptions to which she/he/they/ze has subscribed.
The User declares and guarantees :
We may use third-party services to secure payment and facilitate the completion of the purchase. By submitting their information, the User gives the right to provide this information to these third parties, in accordance with our privacy policy.
We reserve the right to change our prices (including to start charging for a service we currently provide for free) and our billing methods at any time. If you have already subscribed, you may be asked to accept these changes at the end of your commitment period in order to continue to benefit from our Services. We will inform you by email and/or on the Platform.
Atom Business Consulting reserves the right to modify the content and operation of the Services at any time in order to maintain, adapt, develop or delete the functionalities and content of the Services, including through security updates, whether these developments are necessary or not to maintain the conformity of the content of the Services. The user will be informed of any development of the Services as well as the date on which it will occur.
Atom Business Consulting may offer the User to try beta versions of certain Services. These beta services are provided for evaluation purposes only. The User acknowledges that these beta services may contain bugs, errors and other problems and accepts them "as is", without warranty of any kind. Atom Business Consulting (i) is not responsible for problems related to the use of the beta services by the User; (ii) may discontinue its use; (iii) may delete all data contained in such beta versions, without any liability.
The Alohadoo Services of Atom Business Consulting and all the elements that compose them are, unless otherwise specified, the exclusive property of Atom Business Consulting.
No provision of the Agreement can be interpreted as an assignment of Intellectual Property rights.
The User acknowledges and accepts that Atom Business Consulting has full intellectual property of the Platform, the content, methods and know-how deployed to deliver the Alohadoo service in its current version and in its future versions (including all improvements, updates and corrections).
All content published on Alohadoo is protected by copyright laws in France, Europe, the United States and other foreign countries.
Subject to your payment of the applicable subscription fees (if applicable), Atom Business Consulting grants to the User, for the duration of the Agreement, a personal, non-exclusive, non-assignable and non-transferable right of use of the Alohadoo Services.
By using the Services, whether paid or free, the User agrees not to :
If you breach any of these terms, your permission to use the Services and content, related data automatically terminates and you must immediately destroy any copies you have made of any part of the data.
The User acknowledges that any violation of this article constitutes an act of counterfeiting under civil and criminal law..
If a User provides feedback to Atom Business Consulting regarding the functionality or performance of the Services (including identifying errors or improvements), the User agrees to grant to Atom Business Consulting without restriction or payment, all right, title and interest therein.
Atom Business Consulting puts in place the means and measures necessary for the proper functioning and maintenance of the continuity and quality of the Services.
The User acknowledges that Atom Business Consulting does not act as a health professional or health establishment and does not exercise any care or health activity, limiting itself in this respect to a role of simple intermediary and technical provider.
The User acknowledges that Atom Business Consulting cannot be held responsible for an interruption of Services or a delay in execution beyond its control and, in particular, that the provision of the Services depends on the reliability, the availability and continuity of connections from a number of third parties (telecommunications network operators, public Internet, User Infrastructure, etc.) as well as the accuracy and integrity of data communicated by the User.
Atom Business Consulting may be required to suspend the Services for maintenance purposes scheduled by Atom Business Consulting or one of its subcontractors or in the event of a technical imperative (emergency maintenance). It is understood between the Parties that Atom Business Consulting can in no way be held responsible for repairing any indirect damages suffered by Users when using the Services. In addition, Atom Business Consulting cannot be held liable for acts (i) resulting from an act or negligence by the User and/or (ii) which does not comply with the applicable regulations and /or the Agreement.
Atom Business Consulting does not guarantee :
Atom Business Consulting is not responsible :
We may provide links to third-party websites or offer certain third-party services, including, but not limited to, providing the ability to connect to vendors. These third-party services are provided as-is without compensation, support or warranty of any kind, and this Agreement does not apply to your use of these third-party services. You are responsible for your choice to access or use such Third Party Services and, in required or applicable circumstances, you may opt out of such Third Party Services available outside of the Alohadoo Services, or choose not to use such Third Party Services, and at any time. We reserve the right to suspend third-party services at any time. You should review the applicable terms and/or privacy policies of a third-party service before using it or sharing information with that service, as you may give the provider permission to use your information outside of the terms stated in this Agreement. We are not responsible for, and do not endorse, the features, content, advertising, products, or other materials available on or from such third-party services.
The User is informed and accepts that the implementation of the Services requires that she/he/they/ze be connected to the internet and that the quality of the Services depends directly on this connection, for which she/he/they/ze is solely responsible.
The User agrees :
In addition, the User is responsible :
In addition, the User guarantees Atom Business Consulting, its employees, and its representatives against any claim, action or request for compensation that the Company may suffer as a result of the violation, by a User, of one of its obligations or guarantees under these T&Cs. The User agrees to indemnify Atom Business Consulting for any prejudice that the Company may suffer and to pay it all costs (including legal fees, costs and expenses) and damages and interests related to claims and legal actions relating to (i) the use of the Services by the User in an illegal, immoral, fraudulent manner, or outside the Agreement; (ii) the User Data she/he/they/ze provides and their use by Atom Business Consulting; (iii) the violation of Intellectual Property rights of Atom Business Consulting as well as of any third party, due to the use of the Services.
The suspension of all or part of the Services has the effect of temporarily limiting and/or prohibiting access to the Service(s) concerned. Atom Business Consulting is not, however, liable for damages resulting from the suspension of the Services.
In the event of :
Atom Business Consulting may suspend or limit the User's access to all or part of the Services without notice. The User will be informed of this suspension by any means. Atom Business Consulting will unilaterally decide on the follow-up to be given to the suspension of the Agreement.
In the event of :
Atom Business Consulting will give notice to the User by written notification sent by any means, to remedy the defect(s) charged within seven (7) days following the date of notification before proceeding fully right to suspend or limit the User's access to all or part of the Services.
Improper behavior means any defamatory, indecent, inappropriate, threatening, hateful, offensive remarks made orally or in writing that would be brought to the attention of Atom Business Consulting.
The User acknowledges being informed that all or part of the Services may be terminated by Atom Business Consulting, without the Company having to justify its decision and without compensation. In this context, the User is informed that Atom Business Consulting must give notice of one (1) month. Furthermore, in the event of fault or default by the User, such as the use of one or more Services (a) contrary to the stipulations of the Agreement, (b) contrary to laws and regulations, (c) likely to cause prejudice to the reputation of Atom Business Consulting or a Partner, or to the physical or mental integrity of another User, or in an improper manner (as defined above), Atom Business Consulting may terminate, by any means, all or part of the Agreement and/or the Services with a notice of seven (7) days from the effective suspension and without compensation. In the event of a serious breach by the User of the stipulations of the Agreement, Atom Business Consulting reserves the right :
The User may at any time, and without having to justify her/his/their/zir decision, terminate the Agreement by logging into her/his/their/zir User Account. Management and termination is done from the Stripe integrated purchasing system. It is accessible from the Alohadoo User Account in the Invoicing section.
The termination of an annual or monthly paid subscription and the deletion of a User account is possible at any time. However, the termination of the subscription is only effective at the end of the annual or monthly commitment period and, therefore, no refund can be requested for any partial subscription period.
Before the end of the Agreement and before the deletion of his Account, the User may recover his User Data in a usable format. The User acknowledges having all the rights and/or authorizations necessary to be able to recover the aforementioned data.
Any termination of the Agreement by Atom Business Consulting or the User automatically results in the end of the right of access to the Services linked to the subscription by the User.
Atom Business Consulting is authorized to keep a copy of the Confidential Information for all purposes imposed by applicable law.
The User authorizes Atom Business Consulting to send her/him/them/zir notifications (push notifications, SMS or emails) concerning the Services: (i) notification of the results of the User and export of User Data carried out by the User; (ii) changes to the T&Cs, Privacy Policy or prices; (iii) renewal or payment failure reminders and (iv) any type of information that allows the optimal functioning of the Services subscribed by the User. Atom Business Consulting declines all responsibility in the event of non-receipt of a notification for technical reasons beyond its control.
Atom Business Consulting declines all responsibility in the event of an error in the entry of contact details by the User making it impossible to send any notification necessary for the proper functioning and proper administration of the Services.
Atom Business Consulting will only send newsletters, marketing materials, advertising new services or third-party services if the User has requested to receive these communications. The User may choose not to receive all or part of these communications from us or from third parties by unchecking this option on her/his/their/zir Alohadoo User Account.
Under this agreement, a communication, consent or notice is valid if sent in the form of an email or validated by the User on the Platform. The User consents to receive electronic communications and accepts that all agreements, notices, disclosures and other communications that we provide to her/him/them/zir by email, on our website or on the Platform, meet the legal requirements relating to their written nature.
Atom Business Consulting reserves the right to send satisfaction surveys by email to any User from time to time to assess the quality of the Alohadoo Services. The User has no obligation towards Atom Business Consuting to respond to them.
The User is informed that the Alohadoo Platform and the Services are subject to French law. Also, by using the Services of Atom Business Consulting, the User submits to French law.
You can send your inquiries, complaints and opinions in connection with the use of the Services to this address : contact @alohadoo.com
Before any contentious action, Atom Business Consulting and the User will seek, in good faith, to settle amicably their disputes relating to the validity, interpretation, execution or non-execution, interruption, termination or the denunciation of these T&Cs for any reason and on any basis whatsoever. Atom Business Consulting and the User must consult each other in order to enable them to find a solution to the conflict between them.
Atom Business Consulting and the User will endeavor to find an amicable agreement within thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with notice reception.
Except to preserve their right of action or to avoid imminent damage, no legal action can be admissible before this procedure for the amicable settlement of disputes has been fully respected.
The User has the right to have free recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these T&Cs which would oppose her/him/them/zir to Atom Business Consulting, under the conditions provided for in articles L.611-1 and following and R.612-1 and following of the Consumer Code. The list of mediators is available : here.
Any difficulties relating to the validity, application or interpretation of the Agreement will be subject, in the absence of an amicable agreement, to the jurisdiction of the competent courts in accordance with French law. The User may initiate any legal action relating to these Conditions before the competent court of her/his/their/zir place of residence or the competent court of the place of establishment of Atom Business Consulting in France.
The User acknowledges and accepts that the authentic version of the T&Cs is the one found online when accessing the Platform and/or using the Services. The User is therefore required to refer to the version of the T&Cs online on the date of her/his/their/zir access and the use concerned. Atom Business Consulting is free to modify these T&Cs at any time, in particular to take into account any modification of the Alohadoo Platform and/or its Services as well as any legal, regulatory, jurisprudential and/or technical development or constraint. In the event of significant modification(s) made to the Alohadoo Platform, the Services and/or their terms and conditions of access and use, Atom Business Consulting will inform the User by any means and on reasonable notice.
In the event that certain stipulations of the Agreement are inapplicable for any reason whatsoever, including due to an applicable law or regulation, Atom Business Consulting and the User will remain bound by the other stipulations of the Agreement and will endeavor to remedy the inapplicable clauses in the same spirit as that which prevailed during the conclusion.
Each Party declares that it has the necessary rights and permissions to enter into the Agreement and perform the obligations mentioned therein.
It is perfectly clear between the Parties that each of them is hereby acting as an independent contractor and that none of the Parties can be considered as the employee, agent, distributor, principal or representative of the other Party.
Are considered by the Parties as cases of force majeure, situations whose constituent elements are characterized within the meaning of article 1218 of the Civil Code and the case law of the Court of Cassation. In the event of the occurrence of such an event, the victim Party must immediately inform the other Party in writing. The case of force majeure suspends the obligations of the Party concerned for the time that the force majeure lasts. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible. If a case of force majeure renders one of the Parties unable to fulfill its contractual obligations under the Agreement for more than thirty (30) consecutive days, either Party may terminate the Agreement after sending a registered letter with acknowledgment of receipt. The Parties will then no longer be bound by their obligations, with the exception in particular of those resulting from the articles on "Intellectual Property", "Protection of Personal Data" and "Liability" herein, without any indemnity or penalty, for whatever reason, is due on either side.
The Parties expressly agree that any document signed in a dematerialized manner under the Agreement :
In order to establish the damage (proven or supposed) to the reputation of Atom Business Consulting and/or Partners or to the physical or mental integrity of other Users, Atom Business Consulting may rely on messages sent to Atom Business Consulting that it will have previously anonymized in order to guarantee the confidentiality of their exchanges, as long as the content of the messages does not allow them to be identified.
The User is informed that the messages exchanged through the Platform as well as the data and information collected on the Platform and the computer equipment of Atom Business Consulting constitute an accepted mode of proof, in particular to demonstrate the reality of the Services performed and the calculating their price.
In the event of a translation of these T&Cs into one or more languages, in the event of contradiction or dispute over the meaning of a term or stipulation, the language of interpretation will be French.