Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Vhesta grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Vhesta solely for purposes of your personal use of the Services. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software, and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software, and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

The Service has been designed by Vhesta with the purpose of assisting people to find their purpose in life through a mentor- mentor relationship. You represent that you are in good enough health to begin these Services, which may include changes to your daily routine. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained express approval from a healthcare professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and Vhesta cannot guarantee that you will achieve your health goals.

You are required to register for the Service and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

You will receive a user account for our personal use that requires an e-mail and password. You are responsible for all activities that occur under your user account. You shall:

The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein. The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service, mobile application, or content provided through the Services. In addition to termination, the Company reserves the right to pursue any and all remedies available to it.

You will provide our Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address, or phone number or otherwise enter information with the intent to impersonate another person.

We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials, and content provided in connection with the Service) for any purpose with the Company’s consent.

Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software, and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Company’s or third-party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties.

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Service, such as any questions, comments, suggestions, or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained in the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

Any and all third party technology or Services provided, made available, linked to, or otherwise accessible through the Service (“ Third Party Technology”) is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third Party Technology.

Trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code, and all other related content contained on the Service is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution, or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, or transmitted in any way (including “mirroring”) to any other computer, server, Service or another medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

The Service is not for use by any individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.

Vhesta offers certain enhanced features of the Services that you can purchase as a monthly, yearly, or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Vhesta may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or another financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Vhesta until accepted and confirmed by Vhesta. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Vhesta.

Subscriptions are automatically renewed until you terminate or cancel the subscription. All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.

Vhesta reserves the right to change its pricing terms for Subscriptions at any time and Vhesta will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Vhesta’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscription Cancellations & Refunds.”

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.

By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity, or completeness of the content provided on the Service or the products or services offered for sale on the Service. Further, The Company makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of France. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose. No oral advice or written information given by The Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Paris, France, and waive any objection to such jurisdiction or venue.

Except where prohibited by law, in no event will THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, THE COMPANY’S AND ITS AFFILIATE’S liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use, will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

Vhesta (“Vhesta”, “Us”, “We”) respects your right to privacy and understands the importance of protecting your personal data (“Data”).

We adopted this privacy policy (the “Policy”) in order to explain how we collect, process, store, share and protect the Data that you provide to Us or that we collect when you use our website (“Website”), fill out our questionnaires (“Questionnaires”), subscribe and use our application (“Application”) and our well-being coaching services (our “Services”) or any other features operated by Vhesta.

We reserve the right to modify the terms of this Policy at any time and in our sole discretion. If we modify the Policy, we will publish the modifications, depending on the medium, on the welcome page of the Website and/or on the home page of the Application so that you are fully informed. Any changes to the Policy will take effect thirty (30) days after its publication. Your continued use of our Services will constitute acceptance of the policy changes.

We collect the following kinds of Data when you visit the Website and, as the case may be, subscribe to the Application in order to access to our Services:

We collect the following kinds of data when you use the Application and our Services:

We process your Data when you visit the Website in order to optimize your navigation and enhance your user experience on the basis of the legitimate interests pursued by Us.

We also process your Data when you fill out the setup questionnaire in order to set you an initial kick-off plan adapted to the lifestyle habits that you are free to subscribe on the basis of our legitimate interest to tailor you with a personalized program.
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We lastly process your Data when you subscribe to our Application and Services through the Website in order to finalize your subscription and give you access to the Application and the Services on the basis of the performance of your contract with Us.

We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:

We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:

We process your Data where necessary for the purposes of the legitimate interests pursued by Us including the following purposes:

We process your Data with your consent for the following purposes:

We may also de-identify and/or aggregate and/or anonymize your data for various business purposes including product, service, and program development and improvement. De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Vhesta or with research partners and other third parties for the advancement of clinical and scientific knowledge.

When you use the Services, We may use cookies and other IT functions to collect your Data. Cookies are small text files that are automatically created by your browser and stored on your device when you connect to the Website or the Application and use the Services.

We use cookies which will not be saved on your device or which will only be saved on your device for as long as your browser is active (e.g. session cookies) or which will be saved on your device for a longer period (e.g. persistent cookies) for the following purposes:

(i) the provision of the Services,

You have the choice to refuse to keep all or certain of the cookies in your browser or to disable all or certain cookies, after accepting their deposit on your browser, by configuring your settings. With regard to the use of advertising-related or personalization-related technologies, you can determine whether you consent or not to the use of cookies for marketing purposes.

We (by the intermediary of our service providers) store your Data on storage facilities located for the European users on the territory of the European Union for a period of time not exceeding to what is necessary for the purposes for which your Data were collected and processed by Us and, in any event, in accordance with legal requirements.

Your Data will be stored in our active base for the time necessary to provide the Services and will be irreversibly deleted or anonymized by Us or archived in an intermediate database with limited access to it upon the termination of your subscription to the Application except for your contact data which will be kept in our active base for a period of time of 3 years in order to send you promotional communications on our Services upon your consent.

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Your Data will be archived in an intermediate database with limited access when We are legally obliged to keep your Data longer such as for legal compliance, establishing the evidence of our rights or our contract with you, or for tax, accounting, or auditing purposes. In these cases, the duration of the storage processing will depend on the respective statutory limitation or retention periods and will be deleted after the relevant retention periods have expired.

Some of our services providers as well as some of our employees are located outside the European Union or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring the Data of European users to our services providers, we make sure an adequate transfer mechanism is in place. As per the transfer to our internal services, they are located in the United States for which We rely on EU-US Privacy Shield.

We seek to safeguard the security of your Data and have implemented security measures consistent with accepted practices in the industry to protect your data and limit access to it.

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In particular, we have implemented appropriate technical and organizational measures to minimize risks associated with data loss, misuse, unauthorized access, and unauthorized disclosure using encryption technology, such as Secure Sockets Layer (SSL) during data transport and at rest as well as physical access restrictions for our data centers and authorization controls for data access.However, despite our efforts to protect your Data, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your Data over the Internet will be intercepted. Unfortunately, we cannot guarantee the absolute security of your data, nor can we guarantee that the Data that you provide will not be intercepted while being transmitted to Us over the Internet. Therefore, we urge you to also take every precaution to protect your Data when you are on the Internet or using the Application.

You have the following rights on your Data and the data processing:

You can also lodge a complaint with a supervisory authority by sending a letter to the competent authority. In France, this authority is the CNIL accessible at the following address: CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
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You can exercise your rights by sending us a clear and specific request by email to hello@theVhesta.co. Your request will be handled by our team within a reasonable delay from the date of its receipt and granted or refused subject to our legal obligations and within the limits of your rights.

You can also access and update your Data at any time by logging to the Application and accessing your account settings.

We are committed to protecting the privacy of the children. Our Website, Application, and Services are not designed or intended for children and we do not knowingly collect data of users under 18 years old.

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In any case, We request all the users to confirm at the subscription to the Application and the Services that they are 18 years old or over and if not, We request the parent’s consent before authorizing the user to get access to the Application and the Services and never collect Data of children under 13 years old.

For users under 18 years old, We may limit how we collect, use, and store their Data meaning that We will be unable to authorize access to certain challenges to these users.

We share your Data with employees of our internal services such as the IT, development, or marketing services in order to provide you with the Services and assist you in your user experience.

We also share your Data with third parties including service providers acting on our behalf which may host your data and/or manage the payment of the subscription for Us and/or send you promotional communications about our Services and other products and/or detect, prevent or mitigate illegal activity and/or elaborate aggregate statistics.

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We also share your Data when you ask Us to chat with another user or a person of your choice. Some of your data like your name and your picture are also visible by default to other users on the Application. We may share your data with some of our partners with your consent in order to send you offers on their products and services that We believe may have an interest for you or to your employer in case of using the Application and Services through Vhesta for Work.

We may be lastly required to disclose your Data to other competent authorities to exercise our rights conferred by law or to comply with the law or a court decision. Unless required by law or jurisdiction, We are not obligated to notify you of such data disclosures.

Our Website and Application may contain third-party links or contents. Through these links or contents, you may be providing your Data to third-party for which We are not responsible for how it collects or use your Data as well as we do not guarantee compliance with the same data protection practices as those of Vhesta. We encourage you to read the privacy policies of every third-party website, application, and/or services that you visit or use including those third parties you interact with through our services.

In addition, we may rely on third-party advertisers, ad networks, and ad servers to promote our App. This includes Facebook, Twitter, or Google. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other Apps to serve them interested-based (behavioral) advertising. No information you share within our Application will be shared with third-party advertisers. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.