GENERAL CONDITIONS OF USE FOR THE MOBILE APPLICATION, DREEM PRODUCT AND SERVICES (GCU)

Applicable with effect from: 05/10/2018

The GCU set out herein are entered into between, on the one hand, the French simplified joint-stock company (SAS) Dreem, with a share capital of 65 910,59€, registered in the Paris Register of Trade & Companies under the number 803 359 850, located at 124 Rue Réaumur, 75002 Paris, France, and is represented by its CEO, Mr Hugo Mercier (hereinafter “Dreem”), and on the other hand, any and all physical person who has full legal capacity (hereinafter the “User” or “you”), The terms with a capital letter have the meaning that has been given in the GCU and/or the General conditions of sales of Dreem.

OBJECT

Welcome to Dreem! Dreem offers you an innovative product range for the management of your sleep, in order to improve cognitive performance through the Dreem Headband (hereinafter referred as to the “Product”). The Products are offered by Dreem, and by its parent companies and subsidiaries (referred to collectively by the terms “we” / “our”). The Product shall be used with our mobile Application in order for the User to use the full services (hereinafter the “Services”).

The purpose of the GCU is to settle the use rules for (i) the mobile application (hereinafter the “Application”), (ii) the Products and (iii) the Services published and proposed by Dreem. The publication director is Hugo Mercier.

For any question or concern, you can contact us:

By installing the Application on your device and/or by accessing to the Application, as a visitor and/or an User, you agree unconditionally and without any restriction to the integrality of the GCU defined below. In the case where a User does not agree with all or a part of the GCU, we request to renounce the use of the Application and/or Products and/or Services.

Dreem reserves the right, at its sole discretion, to modify the GCU at any time and invites the user to consult regularly. In case of modification of the GCU, the applicable GCU for the Application and Services shall be in vigor at the time of the installation of the Application by the User. The GCU shall enter into force since their publication on the Application and shall replace immediately the older GCU;

The Products, the Application and the Services are not intended for children and in absence of specific studies must not in any case be used by a minor (aged under 16years) and the pregnant women to whom the Product was not necessarily addressed. By using these Services, you declare and warrant that you are an adult at the GCU meaning and that all the information concerning you is accurate and a reflection of reality, and that the use of the Product is exclusively done in a private setting.

APPLICATION OBJECT

The Application aims to give you access to data collected during your sleep and to the analyses based on such data.

Different Services may be proposed to the User as such as:

This list is non-exhaustive and may be modified any time by Dreem regarding the development of the Application, Product and Services without further obligation or liability to Dreem whatsoever.

USE OF THE APPLICATION, THE PRODUCT AND THE SERVICES

By using the Application and/or the Services, you certify being an adult (over the age of legal majority) legally capable and agree without any reservation to the GCU ;

In order to use the Application and to access to the Services, you have to own a device or a tablet computer compatible to IOS or Android or a web browser. The Application is proposed for free to the user except any costs of telephone operator subscription, any possible over- costs invoiced for data downloading supported by the User.

The Application may be downloaded for free from the « apple store » and/or the « google play store » platforms.
The software version of the Application can be time to time updated in the aim to add new functions and new Services

The User shall be responsible for all the appropriate actions to check the technical features of its equipment and allow the consultation of the Application Content.

Some features of the Sites and/or Services may require that you register by entering personal data, for example your first name, surname and email address and by defining a password (hereinafter the "Account"). You are informed that when you create your Account via a social network where you hold a user account, you agree that Dreem collects personal data about you indirectly.

Registration for an account requires to log in via a login and a password defined by the User. The login and the password are strictly personal and confidential, Users commit to keep them secret and not to disclose it in any matter thereof to any third party. You are responsible for protecting the confidentiality of your login and password. To the contrary, any access to the Application or any transmission of data done from User’s access code shall be deemed to be done by the latter. In case of loss or theft of your login and/or passwords or if you notice the use of your password by an unauthorized third party, please inform Dreem immediately, in order to revoke your login and password at the following address : support@dreem.com. Dreem cannot be held responsible for the access to the Application with your login and passwords by an unauthorized third party.

GEO-TRACKING AND BLUETOOTH

To access certain functionalities of the Application, the Product and/or Services, it may be required to activate the Bluetooth button on your device. In this context, the geo-tracking and bluetooth activation is required by certain operating system to allow the connection with the bluetooth. Dreem does not collect, at any time, any position data from your device.

The use of geo-tracking functionalities and Bluetooth require the express prior consent of the User to be geo-tracked. User shall activate, the geo-tracking function directly in the mobile settings and agrees to allow the Application to use it.

The GPS geo-tracking and the Bluetooth of your device shall allow the User to :

By refusing access to Bluetooth, the access to Services may be altered, if not impossible.

USE OF THE SERVICES - WARNINGS, AND SAFETY AND HEALTH RECOMMENDATIONS

The Product must not be placed in contact with a person’s body at positions other than those indicated in the instructions for use enclosed with the Product.
The Product must not be placed in contact with the skin where there are open lesions, wounds, or skin rashes, or in areas of the skin that are swollen, red, infected, inflamed, or irritated.
If any irritation occurs when using the Product, you should cease to use it immediately and contact your doctor. In an emergency contact the emergency medical services.
If you think the Product may be damaged or adulterated in some way, contact Product support at the following address: support@dreem.com. Dreem does not guarantee the compliance of its Product with other accessories or equipment. The overlaying of the Product with other accessories or equipment can affect the precision quality of the Product. Please contact the support service if you have any questions or concerns. The Product was not tested on pregnant women, so in the case of pregnancy its efficiency could be affected.
Dreem is not a medical device and cannot be held liable in any cases to diagnose, to prevent and to treat sleep pathologies. The Product may be incompatible with some medical devices intended for treating sleep disorders.
The Product is intended for private use only and not intended for any other form of use, notably commercial purposes.
Any use contrary to private use or different from the one proposed in the technical documentation available on the website and in the documentation given by Dreem will not be guaranteed by Dreem.

PHYSICAL SYMPTOMS

In rare cases, some people may suffer from episodes or malaises due to exposure to flashing lights, and due to the patterns created by the display of certain applications on the telephone or other devices. If you have suffered from such episodes or malaises in the past, or from any of the following symptoms: involuntary movements, tingling sensations, numbness or drowsiness, or problems with vision when using this type of Application or this type of device, consult your doctor before using the Product. If these symptoms recur with the use of the Product and/or Applications, or if you experience undesirable symptoms or reactions due to your use of the Product, immediately cease using it, and consult your doctor immediately. In an emergency contact the emergency medical services.

In any case, you should avoid prolonged use of the Product or Applications, in order, as far as possible, to reduce any discomfort or fatigue in particularly ocular, muscular or articular. The Dreem Products and Services are not intended to be used for diagnosis or treatment or to avoid illness. If you are suffering from a particular medical problem, particularly neurological, psychiatric, or linked to sleep, or if you are following medical treatment, consult your physician for advice.

The use of the Products and Services cannot be a substitute for, or replace your own discernment, judgement and common sense. Please read, and adhere to all the safety directions detailed in the directions for use accompanying the Product or any other functionality of the Services. The use of the Products and Services cannot be considered as a substitute for a medical consultation, and cannot enable you to carry out a diagnosis or to self-medicate. The information, recommendations, and advice appearing in the Application do not exempt you from professional healthcare consultation.

YOUR RIGHTS AND OBLIGATIONS -AGREEMENT OF THE GCU

The GCU express the entirety of the rights and obligations of the User and of Dreem and shall prevail over all other general, or special conditions not expressly agreed to by Dreem.

Certain Products offered by Dreem as forming an integral part of the Services may have their own GCU, applicable specifically to the use of this particular Service. In such a case, you must agree to these additional GCU, before being able to use the Service.

CONTENT

The contents constitute the entirety of the information put in your disposition by Dreem about the Application.

The user is the only entity liable of the use of the present content on the Application and, by consequence, Dreem cannot be responsible by any direct or indirect harm arising from the use of this Product.

ACCEPTABLE USE POLICY

We expect that you use our Application and/or Services responsibly. For this purpose, you cannot do, try to do, or encourage a user or an outsider to do or try to do one of the following things while using our Application and/or Services:

PERSONAL DATA

You are informed that in the GCU, the personal data are in accordance with the article 4 of the European General Data Protection Regulation on the personal data protection, any information regarding an identified or identifiable individual is deemed to be a physical person who can be identified, directly or indirectly, notably by reference to an ID, like a name, an identification number, localization date, online ID, or multiple specific elements proper to physical, physiological, genetical, psychical, economical, cultural or social identity.

By installing the Application, you are informed and you accept that Dreem will collect your personal data.

We collect the following categories of data :

PURPOSE OF DATA PROCESSING

Your personal data are subject to a treatment executed by Dreem in the aim of exclusively providing, operating, maintaining and improving our products and Application as well as managing our customer-client relationship.

The treatment executed by Dreem aims to :

We guarantee that we comply with all legal obligations regarding personal data and completed all the preliminary formalities with the French National Agency regulating Data Protection under number 1943967 v 0 as of March 31, 2016.

SECURITY – CONFIDENTIALITY - RECIPIENT

Data protection constitutes a focal point of our confidentiality policy. We take all precautions to ensure the confidentiality of personal data disclosed for the use of our Application, Products and Services. Collected data are transmitted and stocked by Dreem. Dreem commits to execute all the efficient measures to protect the physical, organizational and technical nature of data to protect personal data against any loss, inappropriate use, unauthorized access, modification and/or destruction. Dreem restricts access to your personal data solely to the employees who have a real need to access the data in the performance of their office to provide, exploit, maintain and improve our Applications, Products, and Services. In such case, such employees are bound by a contractual confidentiality clause.

Your personal data shall neither be sold, exchanged, transferred, disclosed without your consent, for whatever reason, except if the transferred is necessary to the Application, the Product or Services.

However, when the applicable regulation requires it, Dreem is susceptible to transmit your data to authorities legally authorized to access it (notably administrative and judiciary authorities).

Data related to bank cards are not Dreem propriety. Dreem holds partial bank card data, in conformity to the article L.133.24 of the financial and monetary code Relative data of bank card are not held by Dreem. Dreem holds partial bank card details, in accordance to the article L.133.24 of the French financial and monetary code in case of a disputed transaction, for intermediate archives. During the collection or the transmission of your bank data, supplementary actions are put in place, such as the Secure Socket Layer (SSL) and the recourse to fraud services. Furthermore, we require from the salesmen who deal/and or save you bank data to be conform with the security norms Payment Card Industry Data Security Standards (PCI-DSS) in order to assure the confidentiality and integrity of the cardholders data and transactions.

In order to ensure personal data confidentiality Dreem is committed to host or make host the data on its server or the subcontractors server within:

If those personal data should have been transferred to a state not considered as offering an adequate level of protection, notably as part of an appeal to a subcontractor. We commit to conclude with this last contractual clause ‘type’ adopted by the European commission.

Except for what has been said before, if you visit the Application from the United States, note that your personal data are stocked in the United States.

If you visit the Application from regions subjected to a personal data protection regulation other than the one in force within the European Union, you are advised the personal data are stored in Frankfort (Germany).

However, Dreem does not intervene in a host quality for health data as explained by the article L1111-8 of the Public Health Code and does appeal to such a provider, your personal data are not collected through any prevention, diagnostics, care process or social monitoring and medico-social.

In case of subcontracting of the IT hosting of your personal data, DREEM shall defer contractually on the provider all the requirements stipulate in the European General Data Protection Regulation.

DATA CONSERVATION DURATION

Dreem keeps your personal data during a time that does not exceed the necessary duration to exposed finality. Beyond, your personal data are susceptible to being archived in order to respect both legal and regulatory obligations to which Dreem is submitted or deleted and in every case not more than (10) years unless litigation.

Personal data allows to settle in the proof of a right or a contract, or keep a legal obligation by Dreem as archived in conformity with the provisions in force.

ENTRY FEE, RIGHT OF RECTIFICATION, OPPOSITION, AND CANCELLATION

In conformity with the regulation linked to personal data, you have entry fee, right of rectification, cancellation of data and opposition and data processing, and also the right to define the processing of your data after your death.

You can use your rights to formulate your requests by postal way or mail, accompanied by your ID card, to the following address: legal@dreem.com – Dreem, 124 Rue Réaumur, 75002 Paris or by using the contact form on the website.

We commit to examine and try to resolve issues by amicable solution, reclamation or dispute in a reasonable time

APPLICATION AVAILABILITY

Dreem commits to put in place all reasonable means at its disposal to assure quality and secured access to the Application at any time, 24 hours a day and 7 days a week, but you have no obligation to access, in particular in case of major force, network failure, server or other events escaping his/her control.

Dreem can interrupt, suspend or modify temporarily and without notice the access to the Application, notably for security reason, for the restructuring of machine resource, or for the maintenance or the improvement of the Application or for the improvement of the availability of the information on the Application via Internet. As possible, Dreem will inform you of this interruption. In any case, Dreem will do its best efforts to ensure that the interruption affects you as little as possible. Dreem cannot be held liable for all damages due to this interruption, including data losses.

Consequently, Dreem cannot guarantee an availability of the Application and/or of its Services, a reliability of of transmission and performance in terms of answer time and quality. No technical assistance concerning the user by electronic or phoning means.

CANCELLATION

We also reserve the right to suspend or to close your Account: at any time, and without notice, if you do not comply with these GCU, or if you use the Services in violation of the Acceptable Use Policy or legal or regulatory provisions currently in force.

The deactivation of your Account, for whatever reason, cannot in any circumstances give rise to the payment of any compensation, and shall be effective immediately.

RESPONSIBILITIES AND GUARANTEES

Dreem’s undertakings under the terms of the present GCU constitute an obligation of means, whereby the provisions of services are executed in strict accordance with professional rules currently in use and the GCU.

The access and the use of the Application are the User’s risk and peril. The Application and Product are provide “ as is” and “as available” without guarantee whatsoever. It is the User’s responsibility to take all appropriate measures to protect his/her own data and/or software stocked on his/her computer equipment and telephone against all risks.

Within the limits permitted by law, in no circumstances may Dreem, its distributors, or suppliers be held responsible for any consequential injury and/or immaterial damage, such as the loss or destruction of data, loss of profits and earnings whether actual or potential, regardless of the cause and on any basis whatsoever, whether Dreem has or has not been informed of the possible occurrence or such injuries, damage, destruction or loss.

In the event of a finding against Dreem, the amount of the penalties ordered against it may not exceed whichever is the greater amount of these two sums: (i) the total amount of the sums paid to Dreem during the last six (6) months, excluding the purchase price for the Product, or (ii) one hundred (100.00) euros.

ACCURACY OF INFORMATION

Our aim is to provide to you, by means of the Services, information concerning your sleep and use of the Product. However, the information and advice appearing on the Application or derived from the Services is provided exclusively by way of information. In particular, they do not take into consideration your personal background.

Dreem does not have any control on the use or the interpretation you make of the information and advice given through the Application or resulting from our ervices. All use or interpretation of the information or advice through the Application or resulting of its services are your own reliability.

In addition, we cannot guarantee the reliability or accuracy of the information supplied, given the very many variables that we cannot control. The presentation of information produced by our Products and Services as well as the recommendations supplied by our Services cannot in any circumstances be a substitute for diagnosis or medical prescription.

They exempt neither the User, the medical professional taking subsequently in charge the User of a medical consultation. They cannot be used as the basis of any medical decision.

For medical queries, User is invited to refer to a doctor. Consequently, the Products use, Services and Application for any other use than informative or wellbeing purposes shall not in any case involve Dreem’s liability.

DREEM’S INTELLECTUAL PROPERTY RIGHTS

Dreem stays the exclusive owner of all the intellectual property rights relative to the Application and its content, including texts, graphics, images and sounds.

No dispositions of the GCU can be interpreted as a cession, transfer, sale, concession, loan, rent, operations authorization consent directly or indirectly by Dreem for the user profit on the Application, its content and/or Services.

Contents are accessible to the user as part of a personal use, private, non-collective and non-commercial.

All representation and/or reproduction and/or partial or total exploitation of the contents and Services proposed by the Application, by any prices, without the authorization written by Dreem are strictly forbidden and would be susceptible to constitute a counterfeit with the meaning of Article L 335-2 and following the intellectual property code.

“Dreem” and “Rythm” are trademarked and registered by Dreem. All the representation and/or reproduction and/or exploitation partial or total of the trade mark by any kind , and totally prohibited except prior and written authorization given by Dreem

You forbid yourself notably to not use the contents in a way to violate, directly or indirectly , the intellectual property rights of which Dreem is the sole owner, and that this use does not constitute a counterfeit or a disloyal competition or a parasitic content.

USER LICENSE

Subject to compliance with the GCU, Dreem grants you a user license that is personal, non-exclusive, non-transferable, temporary and voidable of the Application. The user right of the Application is limited to the object code of the Application. Dreem secures the right to correct the Application default. You should not delete Rhythm’s distinctive sign on the Application.

DISPUTE RESOLUTION

Before instigating any proceedings or claim against Dreem, you agree to seek to resolve the dispute amicably by contacting Dreem at this address: legal@dreem.com. We will seek to resolve the dispute amicably, contacting your by email, within a maximum of thirty (30) days.

Any claim, whether on an amicable or legal basis, relating to the execution or interpretation of the GCU, must be formulated within one (1) year as from the operative event, or from the deactivation of the account, otherwise all rights of claim will be lost.

Any dispute that may arise from the use of the Products, Services and/or Sites or that relates to the execution or interpretation of the GCU shall be governed by French law and shall be subject to the exclusive jurisdiction of the courts.

INTERPRETATION

In the event of a difficulty in the interpretation in relation to any of the titles appearing at the head of the clauses and any of the clauses themselves, the titles shall be declared non-existent.

NULLITY

The nullity of one clause does not entail the nullity of the GCU, with the exception of an essential and fundamental clause that was decisive in one of the parties entering into the contract. The cancelled stipulation(s) shall be deemed null and void.

EFFECT OF WAIVER

The fact of one or other of the parties not invoking any one of the clauses at a given time or tolerating the non-execution on a temporary or permanent basis of the obligations of the other Party may not be interpreted as amounting to the renunciation of the option of relying on it subsequently. The fact of one or other of the parties tolerating the non-execution or imperfect execution of the present GCU or, more generally, tolerating any act, abstention or omission by the other Party that does not comply with the provisions of the present GCU may not confer any right upon the Party having benefited from this tolerance or waiver.