Terms of Service

of the application Coogli

ARTICLE 1. INTRODUCTION

The company Loopsun EI (Fanny KOCH), a sole proprietorship registered with the RCS of the city of Chambéry whose SIRET number is 53977625200055 and the VAT number is FR01539776252, whose registered office is located at 15 Chemin des Hirondelles 73420 Viviers-du-lac, operates the

The Director of Publication of the Service is Ms. Fanny Koch. The address electronic contact is: contact@coogli.com

ARTICLE 2. PURPOSE AND SCOPE OF THE GCU

These General Terms and Conditions of Use described below and hereinafter referred to as “GCU”, govern the relationship between COOGLI and Users, hereinafter referred to as “the User” or “Users” of the Mobile Application, and apply without restriction or reservation to any use or download of the Mobile Application.

The User is required to accept these Terms of Use for any download and use of the Mobile Application by checking the box “I acknowledge that I have read and accepted the General Terms and Conditions of Use”.

These GCU are accessible at any time in the Mobile Application in the “C.G.U” section in the MAIN MENU and will prevail, if necessary, over any other version or contradictory document.

COOGLI may modify these GCU at any time, without notice and without having to communicate it to Users in advance, if it deems appropriate. Users will be informed of the modification of these terms through the publication of updated T&Cs. The amended T&Cs will take effect from their publication. Continued use of the Service following this publication will constitute acceptance of the new version of this document.

The application data is stored on Bubble Group, Inc.’s bubble.io platform based at 1811 Silverside RdWilmington, DE 19810, United States.

Users are therefore advised to read these Terms of Use very carefully and to regularly consult the updated Terms of Use, in the “C.G.U” Section of the Mobile Application or on the “General Terms and Conditions of Use” tab of the COOGLI website (www.coogli.com).

In the event that a User does not accept these Terms of Use or refuses to comply with them, he must not use the Mobile Application. In this case, it is recommended to uninstall the Mobile Application. By registering, the User confirms that he has read these GCU and agrees to submit to them without reservation.

Unless proven otherwise, the data recorded in the computer system of the Mobile Application constitutes proof of all transactions concluded with Users.

ARTICLE 3. GENERAL PRESENTATION OF THE SERVICE

3.1 Purpose of the Service

The Service is a digital and collaborative dashboard application, which allows the baby’s entourage to enter real-time data on his daily life, including sleep time, diet, activities, and hygiene.

The purpose of the Service is to facilitate the daily organization of family life following the arrival of a baby.

3.2 Operation of the Service

The COOGLI Mobile App can be downloaded via mobile app stores (such as Google Play or the App Store) using available technologies, including a smartphone-like mobile device.

To benefit from the Service, the User must therefore have a smartphone, and an internet access.

The Service is mainly in the form of a summary dashboard of baby’s day, with a navigation menu allowing access to other sections, in particular to enter data.

The features of the COOGLI Mobile Application are as follows :

  • The User has two choices, either to use the application without creating an account at the risk of losing his data if his smartphone is lost or damaged, or he provides the information necessary for the creation of a Personal User Account in accordance with Article 4;
  • The User informs the information that he wishes to use the application for an already born baby or for initially support for pregnancy;

If the user has entered the information he is expecting a child :

  • The User arrives on a page with pregnancy tracking detailing the child’s evolution every week.
  • The User can select a week number in order to arrive at the desired pregnancy follow-up date to obtain information.
  • Thanks to the navigation menu, the User has the possibility to use the “matchy name” which aims to help the parent choose a first name for his future child by proposing a list of first name ideas. The User arrives on a filter page to refine his search on first names. He validates and then arrives a page where he sees first names scrolling adapted to his search. If he slides the first name card to the right, this first name will remain in his list of choice of first names, if he slides it to the left, the first name will not be retained for his list. The User may add a parent account to his own in order to participate in the choice of first name, the other parent may make his choice on his side and if there is a common choice on a first name, this first name will appear on a common list.
  • Thanks to the navigation menu, the User has the possibility to use the calendar, in order to enter medical appointments and reminders related to pregnancy follow-up.
  • Thanks to the navigation menu, the User has the possibility to add images saved in his phone and take photos, in particular to export an album in PDF format.
  • Thanks to the navigation menu, the User can go to the “Health” part of the application, where he can enter data such as his weight over the weeks, notes, access associated images (ultrasounds for example) and his next appointments.
  • Thanks to the navigation menu, the User has the possibility to access a user account page with a section “My preferences”, “My subscription”, “Join the Coogli community”, “Help section”, “Data protection”, “General conditions of sale”, “Contact us”, “Rate Coogli”. It will be possible to add his photo, and associate his account with that of other users to share pregnancy tracking, matchy name and photo album if he wishes.
  • The user can associate his account with another person by entering the user’s code to associate and vice versa.
  • For the preference part, the user will be able to customize the choice of units of measurement, and the language of the application used.
  • For the “Subscriptions” part, the user will be able to read the different options available to him. The application can be used for free with limited functionality at first. For details of paid subscriptions, refer to Article 5.

If the user has entered the information that the child has already been born :

  • The User arrives on a page with a dashboard summarizing the data entered concerning the baby’s life. They are represented by a diagram with colors associated with each theme (diet, activity, sleep, hygiene) throughout the day.
  • The User can change dashboard if he has several babies, each with his own dashboard. Simply select the baby’s name at the top of the table.
  • On this dashboard, the Sleep, Hygiene, Food and Activities themes are displayed with the times that have been granted to each on the day.
  • On this dashboard, you access the navigation menu which includes the same sections as pregnancy tracking with added sections on monitoring the child’s day and health.
  • The user will also have access to a “tooth output” section in the health section to add data on the child’s teeth output.

ARTICLE 4 : CREATION OF A PERSONAL USER ACCOUNT

To access the Service, the User may first proceed with his Registration by creating a Personal User Account. This is not mandatory, the User can use the application without registering an account, but he takes the risk of losing his application data if his smartphone is damaged or lost, for example.

In order to create a Personal User Account, the User must register by filling out the registration form at the start of the Mobile Application and provide the following information: First Name, Last Name, Link to the baby, Email, First name of the child(ren), age of the child or estimated date of birth, photo of the child (optional), Selected Units of measurement.

The information that will be visible on the User’s profile is as follows:

• First name,

• Photo of the User (or any other photo he has chosen)

• First name of the child or children,

• Photo of the child(ren) (optional),

• Age of the child(ren) or expected date of birth of the child.

The validation of the Personal User Account is formalized by sending an email to the email address provided by the User in the registration form.

If you forget a password, simply click on “forgotten password” and the application sends a link to the user’s email address to redefine it.

The provision of this data and the validation of the personal account are essential if the User wishes his data to be kept on the application.

The User undertakes to provide true, sincere, complete and always up-to-date information.

In the event that the information transmitted by the User proves to be false, incomplete, obsolete or does not allow the provision of the Service in the best conditions, COOGLI reserves the right to close the User’s Personal Account and thus deny him access to the Service, without notice and without giving it any right to compensation.

The User undertakes to create only one Personal Account corresponding to his identity.

The User remains solely responsible for any use that may be made of his identifiers and password, and for their confidentiality, as well as for any use of his Personal Account.

The User undertakes to immediately inform COOGLI of any use or risk of fraudulent use of his Personal Account, and of any breach of the confidentiality and security of his usernames and password to the contact email address: contact@coogli.com.

COOGLI can under no circumstances be held responsible for any loss or theft or damage resulting from the loss or theft or fraudulent use of Users’ identification data.

Deletion of the user account and its data.

The User can delete his account and the saved data at any time by going to the “User Profile” page and then “Edit my profile” and “Delete my account” this action is irrevocable.

ARTICLE 5. PRICE AND FINANCIAL ARRANGEMENTS

Downloading and using the COOGLI Mobile Application is free.

The COOGLI Application then offers a “Coogli Premium” formula which offers use of the application without advertising, with an additional option, the details of which are given below.

Coogli in free use :

• Use of the application with advertising.
• 2 creations of adult profiles.
• 2 baby profiles.
• Pregnancy follow-up week after week.
• Help in choosing the first name with the Matchy Name.
• Weight & height chart tracking.
• Agenda with addition of appointments.
• Monitoring of food, hygiene, activities, sleep.
• Follow-up of dental evolution.
• Export of reports in PDF file.
• No nanny profile.


Coogli Premium at €9.99 one-time purchase from the android and apple stores, with the following features :

• Use of the application guaranteed without advertising.
• 2 creations of adult profiles.
• 2 baby profiles.
• Pregnancy follow-up week after week.
• Help in choosing the first name with the Matchy Name.
• Weight & height chart tracking.
• Agenda with addition of appointments.
• Monitoring of food, hygiene, activities, sleep.
• Follow-up of dental evolution.
• Export of reports in PDF file.
• Nanny profile with access to food monitoring, hygiene, activities and sleep sections.
• Possibility to enter the hours and day of work with export in PDF file to facilitate invoicing.

ARTICLE 6. OBLIGATIONS OF THE USER

The COOGLI Service aims to simplify the daily organization of family life with a newborn. Any use of the Service contrary to this purpose will be contrary to these GCU. The User acknowledges having the necessary competence and technical means to download and use the Mobile Application, the material used remaining exclusively at his expense.

The User undertakes to provide accurate information during registration allowing access to the Service in accordance with Article 4 hereof. In particular, the User is informed that the use of the Service may require acceptance of geolocation when using the Mobile Application for proper use of the Service.

The User undertakes to make adequate and lawful use of the Service and its contents, in accordance with current legislation, these GCU, morality, morality and public order.

Users who use the Service for purposes prohibited by law and/or contrary to this Agreement will be exposed to legal proceedings and data allowing their identification may be provided to the competent authorities in the event of legal proceedings against them.

COOGLI is a simple digital and collaborative dashboard, also allowing Users to have access to products and/or services marketed by third-party advertisers. The User is therefore fully responsible for the use made of the Service, as well as for the decisions he may make after consulting the information contained in the Mobile Application. COOGLI cannot be held responsible for any direct or indirect damage, of any kind, caused by misuse or illegal or illegal use of the Service by a User, by any information or other content communicated, transmitted or disseminated by a User in connection with the use of the Service, or by any breach on his part of these GCU.

In particular, without this list being exhaustive, the User is informed that he is strictly prohibited :

• To undertake unauthorized or fraudulent use of the Mobile Application and/or its content for illicit purposes or effects;

• Access or attempt to access restricted resources or areas of the Mobile Application, without complying with the conditions required for such access;

• To introduce or disseminate on the network computer viruses or any other physical or logical system that may cause damage to the physical or logical systems of the owner of the Mobile Application, its suppliers, other Users or any third party;

• To submit content that may constitute a so-called “press” offence, falling under the Law of 29 July 1881 on Freedom of the Press;

• To disseminate any data, information or content that is defamatory, offensive, obscene, racist or xenophobic, shocking, inciting hatred or violence, threatening, constituting harassment, and in general any content that would be contrary to applicable laws and regulations, morality, or public order.

• To infringe in any way the right to privacy and the right to the image of other Users or any third party. In particular, it is strictly forbidden to distribute photos or images showing recognizablely to third parties without their authorization or the authorization of their legal representative, under penalty of infringinging their right to the image;

• To download, send, broadcast transmit any Content that could constitute corruption of minors;

ARTICLE 7. COOGLI OBLIGATIONS

COOGLI undertakes to provide a Service in accordance with these GCU.

COOGLI reserves the right to modify any information or content contained in the Mobile Application, at any time and without notice, as part of its update or the correction of errors or inaccuracies or if it deems appropriate without entitling the right to any repair for Users.

In the event of a violation of these T&Cs or the laws and regulations in force, in particular in the event of a breach by a User of one or more of the rules mentioned in Article 6, or whose behavior could compromise or risk compromising the proper functioning of the Service or infringe the rights of third parties or the reputation of the Service, COOGLI reserves the right to unilaterally suspend and/or terminate the execution of these Terms under the conditions referred to in Article 10 hereof, and/or delete the Personal Account of the User concerned and his access to any Or part of the Service, to delete the contentious content, temporarily or permanently, without this entracing the right for the User has any compensation.

In the event of suspicion or reporting by a User of illegal content or violating these GCU, COOGLI reserves the right to suspend the Personal Account of the User concerned or the publication of the disputed content within a reasonable time in order to verify the accuracy of the information suspected of being abusive.

However, Users are informed that any abusive reporting may be sanctioned in accordance with applicable regulations and these GCU and may result in the immediate suspension and/or termination of these Terms.

ARTICLE 8. LIMITATION OF LIABILITY

At any time, COOGLI may modify, temporarily or permanently interrupt access to the Service, without having to inform Internet users in advance, COOGLI making no commitment to maintain permanent and uninterrupted access to the Mobile Application and/or the Service. COOGLI is in no way responsible for these interruptions and the consequences that may result for the User.

COOGLI will not be responsible for the inadequate operation of the Service if it results from maintenance operations, incidents, or problems related to its ability to support the systems essential to the use of the service, even if COOGLI will make its best efforts to ensure a rapid response, without taking responsibility for delays related to telecommunications services. In particular, COOGLI will under no circumstances be responsible for the malfunction of telephone operators and Internet service providers that the User has used, nor for the payment methods platforms that the User uses to make payments.

The User remains solely responsible for any use that may be made of his identifiers and password, and their confidentiality, as well as any use of his Personal Account. COOGLI can under no circumstances be held responsible for any loss or theft or damage resulting from fraudulent use of Users’ identification data.

As a technical service provider, COOGLI is not required to verify the veracity of the information provided by Users and declines any responsibility for the inaccuracy of the data, information and content disseminated by Users via the Mobile Application, or for any errors or omissions they may entail as well as any damage resulting from the use of any content provided by a User.

COOGLI can under no circumstances be held responsible for any consequences that may arise during meetings or contacts between several Users, following the use of the Mobile Application.

The Service does not make any selection of Users and does not intervene at any time in their connection. COOGLI is not responsible for the announcements and content published by Users, the organization, or the smooth running of meetings and any transactions between Users.

COOGLI offers no guarantee as to the operation and availability in access to the COOGLI Mobile Application in the event of cases of force majeure or fortuitous circumstances as defined by current regulations and case law.

Expressly, are considered, in particular, but not exclusively, as cases of force majeure or fortuitous cases, in addition to those usually retained by the case law of the French courts: exceptional bad weather total or partial strikes, internal or external to the company, lockouts, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquake, fires, storms Or public policy imposed by the competent authorities and which would have the effect of substantially modifying these general conditions, computer failures, blocking of telecommunications including the P.T.T. network, failure of the public telecommunications network, losses of Internet connectivity due to public or private operators, any problem related to the modem or computer system

Of the User or his navigation software, telephone network interconnections and/or any other transport or telecommunications infrastructure used by the user, the failure of the public electricity distribution network and any other event beyond the express control of the parties preventing the normal performance of the Service.

COOGLI is also not responsible for the misconfiguration of the User’s mobile terminal. It is the responsibility of each User to ensure the proper functioning and configuration of his equipment.

ARTICLE 9. DURATION

In the case of downloading the free Mobile Application, these GCU are subscribed for an indefinite period from their acceptance by the User under the conditions described in Article 1.

ARTICLE 10. TERMINATION

Access to the Mobile Application and the Service may be temporarily or permanently interrupted, in particular in the event of COOGLI’s cessation of the activity in question, or in the event of judicial or amicable liquidation of COOGLI. These GCU would then be terminated as of right.

In the event of the User’s death, the contractual relationship between the User and COOGLI will be terminated as of right and his Personal Account will be deactivated, upon production of the relevant supporting documents from the rights holders. Its content may only be transmitted to rights holders by decision of Justice.

In the event of a violation of this Agreement by the User, or of the laws and regulations in force, in particular, but not exclusively, in the event of a User’s breach of one or more of the rules mentioned in Article 6, or in the event of behavior that compromises compromises or may compromise the proper functioning of the Service or the rights of third parties or the reputation of the Remove the contentious content, temporarily or permanently, without this entracing the User to any compensation, and without prejudice to any legal action that COOGLI may subsequently bring to assert its rights.

Any User can unsubscribe from the Mobile Application at any time by following the following procedure:

1. Login to the Mobile Application and enter the login and password to identify yourself;

2. Click on the “My profile” tab;

3. Click on “edit”

4. Click on “Delete your account” at the bottom of the page.

5. Click on “Delete my account permanently”.

ARTICLE 11. INTELLECTUAL AND INDUSTRIAL PROPERTY

11.1 COOGLI’s intellectual property titles

All the content of the Mobile Application and Websites, photographs, logos, images, sounds, video, graphics, texts, or illustrations as well as its structure, databases, software, codes and any other hardware and visual element composing the Mobile Application is protected, in particular by property law intellectual property of which COOGLI remains the sole owner.

These GCU do not entail any assignment of any kind of property rights intellectual on the elements belonging to COOGLI and/or its partners in the benefit of the User.

Users undertake to respect the intellectual property rights attached to the components of the Mobile Application and refrain, in particular, from disseminating, publishing, transmitting, assigning them to any third party, exploiting them for commercial purposes, reproducing, copying or modifying them without the express authorization of COOGLI. In particular, any extraction or reuse of the data contained in the Mobile Application, beyond its normal use, is strictly prohibited to any User and is subject to the express and prior authorization of COOGLI.

11.2 Right of use of the Mobile Application by the User

The User only has a strictly personal, non-exclusive and non-transferable right to use the Mobile Application. Any other use is subject to the prior and express authorization of COOGLI.

Any reproduction, representation or dissemination, including the addition to it of new functions or the making of modifications to it that would alter its operation, by any means and on any medium,

Is strictly prohibited, with the sole exception of the right to reproduce for storage for representation for backup copy or printing on paper in one copy, provided that the integrity of the documents is respected.

The right to use the Mobile Application granted under these GCU may be terminated at any time by the User by uninstalling the Application and eliminating all copies of the Mobile Application on his devices or by terminating these terms of Article 11.

11.3 License to use content posted by Users

Regarding content and information protected by intellectual property rights, such as photos, texts or videos that Users upload via the COOGLI Mobile Application, Users grant a non-exclusive, transferable, sublicensable, royalty-free and worldwide license to use this intellectual property content published via the Mobile Application or in connection with the Mobile Application as soon as it is posted online (intel

This license is granted for the whole world and for the entire term of protection of the intellectual property rights of the data and content in question.

This intellectual property license ends when Users delete their intellectual property content or account.

The User is solely responsible for the content published and shared by him via the Mobile Application.

Thus, the User guarantees COOGLI that the data and content transmitted by him via the Mobile Application do not infringe the intellectual property rights or right to the image of third parties and guarantees COOGLI against any legal action that may be brought by third parties in claim of their intellectual property rights in the data and content transmitted via the Mobile Application.

ARTICLE 12. PRIVACY POLICY AND PERSONAL DATA

12.1 General

As part of the performance of its services, COOGLI may collect personal data relating in particular to the first names, email, and date of birth of the Users’ child.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, amended by Law No. 2004-801 of August 6, 2004, relating to data processing, files and freedoms of Computer Science and Freedoms of January 6, 1978, the automated processing of personal data carried out from the Mobile Application and the Websites has been declared to the Commission Nationale de l’Informatique et des Liberté pursuant to Law 78-17 of 6 January 1978 and European Regulation 20116/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the personal data that will be stored in this automated file, which is under the responsibility of COOGLI, will be used for the sole purpose of allowing the collection of personal data collected through the COOGLI Service is necessary for the proper functioning of the Service and is mandatory to access the services offered via the Mobile Application.

Failure to provide mandatory personal data prevents access to the Service offered by COOGLI.

COOGLI carries out the retention of Personal Data in such a way as to allow respect for its integrity for the time necessary for the realization and provision of the proposed Service and in accordance with the retention periods imposed by current legislation.

If the User has identified himself via his Facebook profile, then COOGLI will be able to access to his username and profile.

12.2 COOGLI’s obligations under GDPR legislation :

COOGLI undertakes to process said personal data in compliance with these regulations, and in this regard, undertakes to:

– Collect and process personal data only in accordance with the User’s express instructions and the purposes related to the purpose of the services offered via the Mobile Application.

– Preserve the security, integrity and confidentiality of personal data when it collects or stores them as part of the performance of the Services;

– Do not communicate personal data to any third party whatsoever, except third parties to whom it is strictly necessary to transmit personal data in performance of the services offered; The personal data thus collected may thus be transmitted to COOGLI Staff as well as to any third party responsible for participating in the establishment, realization or monitoring of the Service (personnel, partners and/or subcontractors). COOGLI staff members, as well as third parties designated by the latter, will have access to and may use the data

Personal data collected for the sole purpose of providing the proposed Service.

Under no circumstances will personal data be transferred to other third parties, whether free of charge or for a fee, without the User’s authorization, except in the cases provided for in Article 10 hereof, which provides that data allowing the identification of the User may be transmitted to rights holders by decision of Justice.

– Do not transfer personal data outside the territory of the European Union, except to third countries with an adequate level of protection within the meaning of the supervisory authorities or to a processor authorized by the User and signatory to the standard contractual clauses enacted by the European authorities;

– Put in place any data security system that would be required either because of an impact assessment conducted by the User as data controller or because of specific legislation requiring the use of specific data retention procedures;

– Alert the User without delay in the event of violation, loss or unauthorized disclosure of personal data collected in connection with the use of the Services, in order to allow the User to alert the data subjects and comply with his obligations within the meaning of the aforementioned regulations.

COOGLI in any case refrains from reproducing, exploiting or using the personal data collected in connection with its services for its own purposes or on behalf of third parties, and undertakes to modify or delete, either at the request of the User or at the request of a data subject, and in any case at the completion of the purpose pursued and at the end of the performance of its

Any User may send a complaint about privacy or any question about the information collected and processed by COOGLI to the following email address: contact@coogli.com

12.3 Nature of the information collected

When subscribing to and using the Service, COOGLI collects and stores only certain information, namely: First name, relationship with the child, email, photo (optional) First name of the child(ren), age of the child(ren), photo of the child (optional), height and weight (optional) the exit of his teeth (optional) anecdotes of his daily life (optional) and nanny hours (optional), hygiene, diet, sleep.

If the User has identified himself via his Facebook profile, then COOGLI will be able to access his username and profile.

If the User has identified himself via his google account, then COOGLI will be able to access his email and profile photo.

12.4 Right to access, rectify and delete personal data

Any User has the right to access, rectify or oppose the processing of any data concerning him that is not essential for the purpose of the collection. In accordance with Articles 39 et seq. of Law No. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004, and legislation on data processing, files and freedoms, and European Regulation 20116/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GD

Information about her, by sending an email to the address of contact : contact@coogli.com.

For this purpose, within COOGLI’s computer registers may be kept the first or last name, email address, password, IP address of the User, the brand and model of the device, the mobile operator, the exact date and time of publication of the information and content transmitted via the Mobile Application.

12.5 Use of cookies, identifiers and activity file

In order to improve the COOGLI Service in terms of system performance and ease of use, as well as to provide useful information on products and services, information can be collected automatically and stored in registry files (log files) from the computers or terminals used.

This includes non-personal data such as IP address, browser type, selected language, operating system, Internet Service Provider (ISP) and date and time. This information is used globally to improve the management of the Mobile Application, analyze trends and collect demographic data on Users.

If non-personal information is used in combination with Personal Data, the whole will be treated as Personal Data and will therefore be processed in accordance with this Article 12.

Similarly, in order to optimize COOGLI’s services, messages sent by email, online services, advertisements and interactive applications may use users’ “cookies” or “anonymous identifiers” (with regard to the Websites).

What are cookies ?

A cookie is a small file, usually formed by letters and numbers, sent by our web server or by the Mobile Application to a cookie file in the User’s browser. This allows COOGLI to remember the presence of a User when establishing a new connection between the COOGLI server and the User’s browser. The main purpose of a cookie is to allow the COOGLI server to present personalized web pages that can make the consultation of the Service an individual experience and adjusted to personal preferences.

What are identifiers or probes ?

An anonymous identifier is a random string that is used for the same purpose as cookies on platforms where cookie technology is unavailable, this includes certain types of mobile devices as well as installed applications.

12.6 Obligations of the User

It is recalled that it is up to the User to collect any necessary consent to the natural persons concerned, in correlation with comments and publications of any kind that it provides on the application.

In addition, persons concerned by a User’s publications or comments have rights of access, rectification, erasure, limitation, portability and opposition on personal data concerning them, and may revoke consents to processing at any time. Data subjects may assert their rights directly to Users, who undertake if necessary to transmit them to COOGLI so that these requests can be processed as soon as possible, by sending an email to the following email address : contact@coogli.com.

ARTICLE 13. APPLICABLE LEGISLATION – DISPUTES – LANGUAGE

The conclusion, interpretation and validity of these GCU and all the contracts resulting from them and their consequences are subject to the French Law and Regulations in force, to the exclusion of any other legislation, regardless of the nationality of the User, this is the case for the substantive and formal rules.

In the absence of an amicable agreement between the parties and if the talks fail, the parties will regain their full freedom and their dispute will be brought before the Annecy Commercial Court.

In particular, pursuant to Regulation No. 524/2013 on the online settlement of consumer disputes, the Customer is informed that any dispute arising from these general conditions may be brought before the online dispute resolution platform accessible via the following link: http://ec.europa.eu/consumers/odr/ from 15 February 2016.

By express agreement, in the absence of an amicable agreement, the courts within the jurisdiction of COOGLI’s registered office will have sole jurisdiction for any dispute or dispute relating in particular, but not exclusively to the formation, interpretation, performance, or non-performance, termination hereof, notwithstanding a plurality of defendants or warranty appeal, even for conservatory proceedings, in case of difficulty of interpretation, the French-language version of these GCU prevails over any other version that is translated into another language.

ARTICLE 14. CANCELLATION AND INEFFECTIVENESS OF CLAUSES

The nullity or impossibility of implementing any of any clauses of these GCU, if it does not significantly call into question the contractual balance, will only affect the clause concerned and will not result in the cancellation of these GCU.

The User undertakes to carefully read the content of this document which includes the General Conditions of Use of the Service, and expressly and unreservedly accepts all the rules and obligations set out therein.

General conditions of sale

of the application Coogli

ARTICLE 1 : OBJECT

The purpose of these general conditions of sale is to define the rights and obligations of the parties resulting from the sale of subscriptions to the content offered by the “Coogli” application (hereinafter the “Mobile Application”) to the customer user. (hereinafter the “User”), it being specified that the Mobile Application is operated by the company Loopsun EI whose head office is located at 15 Chemin des Hirondelles 73420 Viviers-du-lac, registered in the Trade and Companies Register under the number 539776252.

The formulas designate the services offered for sale by the Mobile Application.

These general terms and conditions of sale (the “GTC”) come into force as of their publication on the Coogli website (www.coogli.com). The validation of the order entails the acceptance without restriction or reservation, by the user, of these GCS.

ARTICLE 2 : FORMULAS

Downloading and using the COOGLI Mobile Application is free.

The COOGLI Application then offers a “Coogli Premium” formula which offers use of the application without advertising, with an additional option, the details of which are given below.

Coogli in free use :

• Use of the application with advertising.
• 2 creations of adult profiles.
• 2 baby profiles.
• Pregnancy follow-up week after week.
• Help in choosing the first name with the Matchy Name.
• Weight & height chart tracking.
• Agenda with addition of appointments.
• Monitoring of food, hygiene, activities, sleep.
• Follow-up of dental evolution.
• Export of reports in PDF file.
• No nanny profile.

Coogli Premium at €9.99 one-time purchase from the android and apple stores, with the following features :

• Use of the application guaranteed without advertising.
• 2 creations of adult profiles.
• 2 baby profiles.
• Pregnancy follow-up week after week.
• Help in choosing the first name with the Matchy Name.
• Weight & height chart tracking.
• Agenda with addition of appointments.
• Monitoring of food, hygiene, activities, sleep.
• Follow-up of dental evolution.
• Export of reports in PDF file.
• Nanny profile with access to food monitoring, hygiene, activities and sleep sections.
• Possibility to enter the hours and day of work with export in PDF file to facilitate invoicing.

The Mobile Application reserves the right to make to the Subscription all the modifications and improvements of its choice, linked in particular to technical developments. The Mobile Application undertakes that there will be no alteration in quality or substantial modifications of the functionalities.

In addition, the Mobile Application reserves the right, without notice or compensation, to temporarily suspend access to the service which may be necessary to carry out maintenance operations linked to technological developments, or necessary for the continuity of these services. . The user releases the Mobile Application from any liability in this regard and waives any claim and/or proceedings against it as a result.

ARTICLE 3 : DURATION OF FORMULAS

The price of the formula is that in effect on the Mobile Application on the day of validation of the order. The price of the formula may change but the price changes will only apply to new subscribed formulas. At the time of validation of the order, the price to be paid means the price including all taxes (TTC) and not excluding taxes (HT). Payment of the price by the User is made using the following means on the Mobile Application (Carte Bleue, Visa, Eurocard/Eurocard/MasterCard), PayPal, Apple Pay and SEPA.

It is specified that when the User communicates his bank details to the Mobile Application, these are not kept by the Mobile Application. The User’s bank details may be stored by a secure online payment service provider, independent of the Mobile Application, under the conditions specified by the latter. In this case, it is the services of the Play Store and the Apple Store that will provide the payment service between the User and the Mobile Application.

The payment of the formula is subject to full payment when ordering. The transaction is immediately debited from the User’s bank card after verification of its data and receipt of the debit authorization from the Mobile Application issuing the bank card used by the User.

In accordance with Article L. 133-8 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card of the amount corresponding to the price of the formula concerned on the day of the order.

The Mobile Application implements all means to ensure the confidentiality and security of the data transmitted on the Mobile Application by the User.

ARTICLE 4 : RIGHT OF WITHDRAWAL

Regarding the formulas and in accordance with the provisions of Article L. 221-28 of the Consumer Code, the User is informed that the right of withdrawal from which he benefits cannot be exercised for digital content not provided on a material medium and the execution of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal. The User acknowledges and expressly accepts that i) the supply of Subscriptions begins upon confirmation of the order and therefore before the end of the 14-day withdrawal period provided for by the Consumer Code and ii) that he expressly waives his right of withdrawal. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.

ARTICLE 5 : INTELLECTUAL PROPERTY

The Mobile Application as a whole and each of the elements that compose it are, unless otherwise specified, the exclusive property of the Mobile Application, which alone is authorized to use the intellectual property rights relating thereto.

Consequently, the reproduction, representation and alteration of all or part of the contents of the Mobile Application on any medium are strictly prohibited.

Violation of these provisions is liable to penalties in accordance with the provisions of the Intellectual Property Code and the Penal Code, in particular for copyright infringement and trademark law.

If, however, the content of the Mobile Application should infringe the intellectual property rights of third parties, the Mobile Application undertakes to immediately withdraw from its publication, after having been informed of the infringement, the subject of the dispute and /or will make known the true author or owner of the rights.

ARTICLE 6 : PERSONAL DATA

To find out about the characteristics of the personal data protection policy implemented by Coogli, the User is expressly invited to read the Charter relating to the protection of personal data available on its Site.

The User is informed that the Mobile Application uses tracers or cookies designed to be used by Coogli. To find out more about the use of cookies, go to the “privacy policy” page of our website www.coogli.com. Coogli undertakes not to resell your data.

ARTICLE 7 : FORCE MAJEURE

The execution by the mobile application of its obligations under the terms of these GCS will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.

The Mobile Application will notify the User of the occurrence of such a fortuitous event or force majeure within seven (7) days from the date of occurrence of the event.

When the suspension of the execution of the obligations of the Mobile Application continues for a period of more than 30 days, the User has the possibility of terminating the order in progress and the Mobile Application will refund the order within a period thirty (30) days from the date of termination of the order.

The Mobile Application will refund the amount paid directly to the bank card used by the User for payment.

ARTICLE 8 : NULLITY OF A CLAUSE

Each of the provisions of the GCS is independent. If any of the provisions of these GCS were cancelled, this nullity would not invalidate the other provisions of the GCS which will remain in force between the Parties.

ARTICLE 9 : MODIFICATION OF THE GCS

The Mobile Application reserves the right to modify these T&Cs.

Changes to the T&Cs will apply to any new order on the Mobile Application. Any changes have no impact on current packages which remain subject to the T&Cs applicable at the time of subscription to the package.

The Mobile Application will notify by email of any addition, modification or deletion of any of the clauses of these T&Cs.

ARTICLE 10 : APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

These T&Cs are subject to French law. Any dispute resulting from the formation, interpretation or execution of these T&Cs will be under the exclusive jurisdiction of the courts of Chambéry, without prejudice to your right, if you are a consumer, to initiate proceedings before the competent courts. from another city, in accordance with the applicable legislation.