French version

GENERAL CONDITIONS OF USE FOR DREEM SITES

Applicable with effect from: 01/01/2022 - Last GCU version: 15/02/2019

The Terms & Conditions of Use (GCU) are entered into between the simplified joint stock company Dreem with a capital of 76,285.85 euros, registered in the Paris Trade and Companies Register under number 803 359 850 and whose registered office is located at 34 boulevard des Italiens 75009 PARIS, France, represented by Mr. Quentin SOULET DE BRUGIERE, in his capacity as President (hereinafter, "Dreem") and any natural person having full legal capacity (hereinafter, the "User" and "you").

All words starting with a capital letter have the same meaning in GCU as the one given in Dreem's T&C.

OBJECT

Welcome to Dreem!
Dreem offers you an innovative line of sleep management products to improve cognitive performance through products offered by Dreem SAS, its parent companies and subsidiaries (collectively referred to as "we", "us", "our").

The GCU applies to your use of and access to the following websites: www.dreem.com, mysleepprofile.dreem.com, dreem-viewer.rythm.co/, support.dreem.com/, and all other associated sites, if any (the "Site" or "Sites", as applicable).

Dreem reserves the right, at its sole discretion, to freely modify the GCU at any time and invites the User to consult it regularly. In case of modification of the GCU, the GCU applicable to the Sites will be those in force at the time of the User's order on the Sites. The GCU comes into force as soon as they are published on the Sites and immediately replaces the former GCU for all future operations

PUBLISHER

The Sites are published by Dreem.
The director of publication is Mr Quentin SOULET DE BRUGIERE.
The Site is hosted by Amazon Web Service.

For all information or questions, Dreem is at your disposal:

YOUR RIGHTS AND OBLIGATIONS - ACCEPTANCE OF THE GCU

The GCU defines your contractual relationship with Dreem and the conditions under which the Sites may be used.

The GCU and, where applicable, our General Terms and Conditions of Sale, express the entirety of the rights and obligations of the User and Dreem and shall prevail over any other general or special terms and conditions not expressly approved by Dreem.

By accessing the Site, you fully, unconditionally and unreservedly accept these GCU and, where applicable, our Terms and Conditions of Sale. You must not use our Sites if you do not agree to these GCU. If the User does not wish to accept all or part of the GCU, he or she is requested to renounce any use of the Sites.

USE OF THE WEBSITE

By connecting to the Sites, you certify that you are of legal age and legally capable and that you accept without reservation the GCU.

In order to use the Site, you must have an iOS or Android compatible phone or a web browser as well as an Internet access (access cost borne by the User).

CONTENT

The Content refers to all information made available by Dreem.
The User is solely responsible for the use he/she makes of the Content on the Site and, consequently, Dreem shall not be held liable for any direct or indirect damage arising from the use of such Content;
The User is solely responsible for the use of the Content of the Sites having a hypertext link, and Dreem declines all responsibility for such Content in accordance with the provisions below;

It is the User's responsibility to take all necessary measures to ensure that the technical characteristics of his/her equipment allow him/her to consult the Contents of the Sites.

ACCEPTABLE USE POLICY

We expect you to use our Sites responsibly. To this end, you must not do or attempt to do or encourage any User or third party to do or attempt to do any of the following while accessing and using our Services:

You acknowledge that any violation of the GCU entitles Dreem, notwithstanding any recourse against you, to take steps to restrict your access to the Sites.

PERSONAL DATA

You are informed that, in accordance with Article 4 of the European General Data Protection Regulation, personal data means "any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"); An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

By continuing your navigation on the Site, you are informed and you accept that Dreem collects personal data about you in a direct and indirect way.

We collect the following categories of data:

Some features of the Sites may require you to register by providing personal information, including a password for your customer account.

The password chosen by the User is strictly personal and confidential, the User undertakes to keep it secret and to refrain from disclosing it in any form whatsoever to third parties. You are responsible for the protection of your login and password. Unless proven otherwise, any connection to the Sites or transmission of data made using the User's access codes will be deemed to have been made by the User. In the event of loss or theft of your login and/or password or if you become aware of the use of your password by an unauthorized third party, please notify Dreem immediately at the following address in order to revoke your login and password and obtain new ones: support@dreem.com. Dreem shall not be liable for any unauthorized third party access to the Site resulting from the unauthorized use of your user name and password.

PURPOSE OF PERSONAL DATA PROCESSING

Your personal data is processed by Dreem for the sole purpose of providing, operating, maintaining and improving our products and Sites as well as managing customer relations.

The processing carried out by Dreem has the following purposes:

SECURITY-CONFIDENTIALITY-RECEPIENTS

The protection of your personal data is a central point of our privacy policy. We are committed to ensuring the confidentiality of all personal data concerning you, including those resulting from the use of our Sites.

Dreem is committed to implementing physical, organizational and technical safeguards to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration and/or destruction.

Dreem limits access to your personal data to those employees who have a genuine need to do so in the course of their duties to provide, operate, maintain and improve our Sites and products. You are informed that these employees are subject to a contractual obligation of confidentiality.

Your personal data will not be sold, exchanged, transferred or given without your consent for any reason, except where the transfer is necessary for the services.
However, when required by applicable regulations, Dreem may transfer your data to organizations and authorities legally authorized to access it (including judicial and administrative authorities).

Dreem does not hold credit card information. Dreem holds partial credit card details and keeps them in an intermediate archive in accordance with article L.133.24 of the French monetary and financial code in the event of a disputed transaction. When collecting or transmitting your bank details, additional security measures are implemented, such as SSL encryption and the use of fraud management services. In addition, we require vendors that process and/or store your credit card information to comply with the Payment Card Industry Data Security Standards (PCI-DSS) to ensure the confidentiality and integrity of credit card holder data and transactions.

In order to ensure the confidentiality of your personal data, Dreem hosts your personal data on its AWS servers in Frankfurt. These servers are secure and in compliance with European, French and American laws.

In the event that your personal data is transferred to a country that is not considered to provide an adequate level of protection, including the use of a subcontractor, we will enter into standard contractual clauses with the subcontractor as adopted by the European Commission.

If we outsource the hosting of your personal data, Dreem is obliged to contractually transfer to the service provider all the obligations stipulated in the European General Data Protection Regulation.

DURATION OF DATA RETENTION

Dreem keeps your personal data for no longer than is necessary for the purposes set out herein. Beyond this period, your personal data may be archived to comply with the legal and regulatory obligations to which Dreem is subject for a maximum period of 10 years, except in the event of litigation during this period, in which case it will be deleted.

The personal data used to establish the proof of a right or a contract, or kept to comply with a legal obligation by Dreem are archived in accordance with the provisions in force.

RIGHT TO ACCESS, RECTEFY, OBJECT OR DELETE

In accordance with the regulations relating to the protection of personal data, you have the right to access, rectify, delete and oppose the processing of your data, as well as the right to define the fate of your data after your death.

You can exercise your rights and make your requests by sending us an e-mail or a letter, accompanied by proof of identity, to the following address legal@dreem.com - Dreem, 34 boulevard des Italiens 75009 PARIS or by using the contact form provided on the Site.

We undertake to examine and attempt to resolve amicably any complaint, claim or dispute within a reasonable time.

AVAILABILITY OF THE SITE

Dreem will use reasonable efforts to provide quality access to the Site at all times, 24 hours a day, 7 days a week, but is under no obligation to do so, particularly in the event of force majeure, network or server failure, or any other event beyond its control.

Dreem may interrupt, suspend or modify access to the Site temporarily and without notice, in particular for security reasons, to restructure machine resources, to maintain or improve the Sites or to improve the availability of information via the Internet. Whenever possible, Dreem will post a message informing you of such interruption of the Site. In any case, Dreem will use its best efforts to ensure that the interruption affects you as little as possible. Dreem cannot be held responsible for any damages caused by such interruptions, including loss of data.

Therefore, Dreem cannot guarantee the availability of the Site, the reliability of transmissions and performance in terms of response time or quality.

CREATION OF HYPERLINKS

The creation of a hypertext link from the Site to an external site or resource by the User is prohibited.

The creation of hyperlinks to a page of the Site is authorized, provided that Dreem's rights are respected, that the sources and the date of the last update of the page are mentioned and that the content of the page is not distorted. Dreem cannot be held responsible for hyperlinks created by a User.
However, Dreem reserves the right to request the deletion of any hyperlink pointing to the Site that it considers to be inconsistent with the purpose of the Site.

In addition, Dreem may link to third party websites, applications, products or services and may allow you to post on or through third party websites. We are not responsible for the practices of any third party websites linked to or from our Sites, or for the information or content contained therein.

Please note that when you link to another website, our GCU no longer applies. Your browsing and actions on any other site, including those to which we link, are subject to that site's own rules and policies. In addition, you are solely responsible for any content you choose to post on or through any third party site, if any.

TERMINATION

We also reserve the right to suspend or terminate your account at any time without notice if you fail to comply with these GCU or if you use the Sites in violation of the Acceptable Use Policy or applicable laws or regulations.

The deactivation of your account, for whatever reason, will not result in the payment of any compensation. It is effective immediately.

RESPONSIBILITIES AND WARRANTEES

Dreem's obligations under these GCU are best efforts.

Dreem has no control over your use or interpretation of the information and advice contained on the Sites and you are solely responsible for such use and interpretation.

To the fullest extent permitted by law, in no event shall Dreem, its affiliates, distributors or suppliers be liable for any direct, indirect and/or consequential damages, such as lost or destroyed data, lost profits or lost opportunities, however caused and on any theory of liability, whether or not Dreem has been advised of the possibility of such damages.

In the event Dreem is found liable, the amount of any award against Dreem shall not exceed the greater of (i) the total amount paid to Dreem during the last six (6) months, excluding the purchase price of the product, or (ii) one hundred (100.00) Euros.

INTELLECTUAL PROPERTY RIGHTS

The Sites and their contents, including text, graphics, images, video and sound, are protected by intellectual property rights which are the sole property of Dreem.

These GCU, unless expressly provided otherwise, do not grant you any right, title or interest in or to Dreem's intellectual property rights.

The Content is accessible to the User for personal, private, non-collective and non-commercial use.

Any representation and/or reproduction and/or exploitation of the Content offered on the Website, in whole or in part, by any means whatsoever, without the prior written consent of Dreem is strictly prohibited and may constitute an infringement of copyright under articles L 335-2 et seq. of the French Intellectual Property Code.

The trademarks "Dreem" and "Rythm" are registered trademarks of Dreem. Any representation and/or reproduction and/or use of these trademarks, in whole or in part, of any kind whatsoever, is strictly prohibited without prior written permission from Dreem.

You are also prohibited from using the Content in any manner that would infringe, directly or indirectly, Dreem's intellectual property rights, and that such use does not constitute an infringement or unfair or parasitic competition of the Content.

DISPUTE RESOLUTION

Before taking any action or taking any action against Dreem, you agree to try to resolve the dispute amicably by contacting Dreem at this address: legal@dreem.co. We will attempt to resolve the dispute amicably, by contacting you by email, within a maximum of thirty (30) days.

Any claim, whether amicable or judicial, relating to the performance or interpretation of the GCU must be made within one (1) year of the event that gave rise to the claim or the deactivation of the account, failing which the claim will be barred.

Any dispute to which the use of the Sites could give rise or relating to the execution or interpretation of the GCU will be governed by French law and the exclusive jurisdiction of the courts of the jurisdiction on which you depend.

NOTIFICATIONS

By authorizing the collection of your personal data, you hereby authorize us to send you any notifications to the email address used to create your account and newsletter information, as you choose. For the avoidance of doubt, you will be deemed to have received any notice sent under this GCU when sent by Dreem. If you decide that you no longer wish to receive these email notifications, you should send a request by email to the following address: support@dreem.com

INTERPRETATION

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titleswill be declared non-existent.

NULLITY

The nullity of a clause does not entail the nullity of the GCU, with the exception of an impulsive and determining clause having led one of the Parties to contract. The cancelled clause(s) shall be deemed unwritten.

NO WAIVER

The fact that one or the other of the Parties does not prevail at a given moment of any of the clauses or that it tolerates the non-performance of the obligations of the other Party, temporarily or permanently, cannot be interpreted as being equivalent to a renunciation to prevail later. The fact that either Party tolerates a non-performance or imperfect performance of these GCU or, more generally, tolerates any act, abstention or omission of the other Party that does not comply with the provisions of these GCU shall not confer any right whatsoever on the Party benefiting from such tolerance.