MOODWALK Company (hereinafter "MOODWALK")

SAS with capital of €41,010.20
Headquarters: 2 Bis Rue Vermenton 60200 COMPIEGNE
Commercial and Companies Register (RCS) COMPIEGNE: 812 650 992

, offers the Moodwork Services on the site at www.moodwork.co (hereinafter the 'Site'), consisting of online tools and services aimed at improving their well-being within their company/public body.

SUBSCRIBING TO THE MOODWORK SERVICES IMPLIES TACIT AND UNRESERVED ACCEPTANCE OF THESE GENERAL CONDITIONS BY THE USER, AND THE GENERAL CONDITIONS OF USE FOR THE SITE, IN THEIR LATEST VERSION AS CAN BE ACCESSED AND CONSULTED ON THE SITE.

1. OBJECT
2. DEFINITIONS
3. DESCRIPTION OF THE SERVICES
4. REGISTRATION AND USER ACCOUNT CREATION PROCEDURE
5. GUARANTEES
6. INTELLECTUAL PROPERTY RIGHTS
7. DURATION AND TERMINATION
8. PERSONAL DATA
9. MISCELLANEOUS

1. PURPOSE:

1. These General Service Conditions set out the conditions of membership and use of the Moodwork Services (hereinafter the "Services") offered on the Site by MOODWALK.
2. Two

2. DEFINITIONS

For the purposes of this document, each of the phrases set out below will have the meaning set out in its definition, as follows:

"Company/Public body": refers to the company or public body employing the User as an employee or official which has entered into a contract with MOODWALK for subscription to the Services for the benefit of its employees;

"User Space": Space reserved for the use of the User on the Site, under the heading "Welcome", based on entering his work e-mail address and a confidential password, from which he can then access and use the Services;

"User": refers to the individual who has registered for the Services by means of a unique work e-mail address corresponding to that of the Client's company/public body (e.g. [email protected]), who has validated the present Conditions and the General Conditions of Use for the Site - the User must also be an employee of a company or official of a public body which has entered into a contract with MOODWALK to subscribe to the Services for the benefit of its employees/officials;

"Services": refers to all the services provided by the Site, as described in article 3 hereof.

"Site": refers to the website that can be accessed via the address www.moodwork.co.

3. DESCRIPTION OF THE SERVICES RESERVED FOR USERS

1. The Site may be accessed and consulted freely and openly by anyone, subject to compliance with all provisions of the General Conditions for Use of the Site.
2. Access to and use of the Services offered on the Site are, however, reserved for Users who are employees of a company or agents of a community who have also entered into a Services subscription contract with MOODWALK for the benefit of its staff.
3. The Services proposed to the User on the Site consist of a set of tools and features that contribute towards improving his well-being at work, by allowing him to know himself and monitor the changes in his own well-being, but also to make improvements using personal development programs.
4. The tools mainly consist of questionnaires which the User is invited to complete, by connecting to his User Space, based on a daily and quarterly pattern, depending on the category of questionnaire.
   These questionnaires are systematically summarized with a presentation of risk factors and protective factors for the User, together with a suggestion for the User to carry out exercises aimed at reducing any factors that may be impairing his well-being.
5. Among the features that are proposed, the User can use his own User Space, for the whole duration of his subscription for the Services, to access the results and summaries of his three-monthly tests, his exercises and statistics on how his well-being is changing within the Company/Public Body, particularly as indicated by the results of his tests.
6. The Users whose Companies/Public Bodies have chosen to provide the option of a chat with a psychologist, are able to benefit from this Service, depending on the parameters (available slots, duration of conversations etc.) selected by the Company/Public Body, and where applicable these conversations will take place on a basis of strict anonymity, both towards the psychologist and towards the Company/Public Body.
7. The tools and features included in the Services are set out in detail on the Site, and MOODWALK reserves the right to remove and/or change all or part of these tools and features at any time, and the User cannot claim any grievance against it or claim any compensation whatsoever.
8. The creation of a User account and use of the User Services are subject to prior subscription to the Services, which is completely free of charge, under the conditions set out in article 4 hereof.
9. For all questions on the Services provided by MOODWALK, Users are invited first of all to consult the FAQs online on the Site, and if they do not find the answer there, to contact MOODWALK using the contact details set out in article 9.1 of the present Conditions.

4. REGISTRATION AND USER ACCOUNT CREATION PROCEDURE

1. Membership, accessing the MOODWALK services and creation of a User account are reserved exclusively for private individuals, i.e. physical persons who meet the following criteria:
1. being an employee of a Company or official of a Public Body which has entered into a contract with MOODWALK for subscription to the Services,
2. having communicated to MOODWALK, at the time of registration, a unique work e-mail address corresponding to those of the Company/Public Body (e.g.: [email protected]);
3. having validated these General Service Conditions and the General Conditions for Use of the Site.
2. At the time of registration, the User undertakes to provide accurate and sincere information concerning all the questions put to him and, where applicable, authentic documents, whether original or copies.
   He must not impersonate a third party, create multiple accounts or register as a User on behalf of a third party.
3. The User undertakes to verify all his data on a regular basis and visit his User Space online to make the necessary corrections and changes.
   MOODWALK reserves the discretionary right to refuse or subsequently invalidate the registration of a User whose details turn out to be incorrect, incomplete, dishonest or fraudulent.
4. In particular, MOODWALK wishes to draw the User's attention to the need to provide a unique, valid work e-mail address that corresponds to those of the Company/Public Body (e.g. [email protected]).>br>All communication by MOODWALK to this e-mail address is considered to have been received and read by the User.
5. The validation click, which occurs during the process of validating the registration form, constitutes formal confirmation of the request to subscribe to the Services and constitutes an irrevocable acceptance of these General Service Conditions and the General Conditions for Use of the Site.
   This validation click, once MOODWALK has informed the User of its acceptance of his request to subscribe for the Services and the User has clicked on the activation link that will be sent to his e-mail address, constitutes final consent to enter into a contract with MOODWALK for the provision of Moodwork Services.
   The validation click constitutes an electronic signature, which has the same value as a handwritten signature.
6. Following registration the User chooses a confidential password, allowing him/her to access his/her User Space by entering his/her professional email address as an identifier.
   The password is confidential, can be changed online by the User in his/her personal, confidential and non-transferable User Space.
   The User undertakes not to communicate his/her personal identification details to third parties.
   The User may not use or attempt to use another User's account.
   MOODWALK cannot be held responsible for any direct or indirect damage suffered by the User or by third parties, resulting from fraudulent access to the User Space of the User, following a disclosure of the User's personal identification details.
   In particular, MOODWALK cannot be held responsible for any direct or indirect damage suffered due to the access by unauthorized third parties to the User Space of the User, if this fraudulent access has been obtained on the basis of seizure of his/her personal identification details, which includes situations where the User has pre-registered these personal identification details on the terminal used to connect to the Services, thereby allowing an automatic connection to his/her User Space.
7. MOODWALK reserves the right to refuse an application for subscription to the Services for any reason whatsoever, in particular due to non-compliance by the applicant concerned with the provisions of article 4.3 hereof.
8. The computerized registers that are kept in the computer systems of MOODWALK or its subcontractors, under reasonable conditions of security, will be considered as proof of the User's subscription to the Services.
   Registration Forms and all communications, operations carried out and validations by the User throughout the duration of his membership, are archived on a reliable and durable medium that can be produced as proof.

5. GUARANTEES

1. MOODWALK is subject to an obligation of means towards Users in the design and provision of Services.
   MOODWALK provides the Site and Services on an as seen basis, and does not guarantee that they will meet the expectations of Users.
2. MOODWALK only guarantees the conformity of the Services with this contract as well as with the description which is made on the Site, and does not provide any other guarantee of any kind.
   Specifically, MOODWALK cannot be held liable for any direct or indirect damage suffered by the User or by third parties which may find their source in the information and results resulting from the use of the tools and functionalities included in the Services.
3. The User acknowledges and accepts that all the information that will be communicated to him by MOODWALK within the framework of the provision of the Services, and in particular in the summaries of the questionnaires that he will answer, as well as in the data and statistics relating to his level of well-being within the Company/Public Body:
1. do not either directly or indirectly constitute a medical consultation, and are not intended to be substituted for a consultation, visit or diagnosis made by a doctor or by any other therapist.
2. are neither complete nor exhaustive and this information does not address all the different symptoms and treatments appropriate to the diseases and problems that may be of interest to the User.
4. MOODWALK does not guarantee in any way whatsoever any result following the use of the Services by the User, and in particular the answers to the various questionnaires, the summaries that are made of them, the exercises recommended within the framework of the programs and the follow-up of these by the User.
   The results obtained from the various questionnaires, exercises and assessments of the User's level of well-being within the Company/Public Body are provided for information purposes only, and therefore do not presume the quality of the User's current and/or future state of health, or conversely cannot call into question the User's state of health.
   The User is therefore invited, if he feels the need, to consult a doctor or any other appropriate therapist, on the recommendation of his attending physician.
   The User therefore acknowledges and accepts that MOODWALK cannot be held responsible for the information referred to in article 5.3 above, and accepts that the use of this information takes place under his own entire responsibility, control and direction.
5. MOODWALK undertakes to deploy all the necessary resources to ensure the functioning of the Site and the Services in the best conditions of throughput, connection time and availability.
   However, due to the very nature of the Internet and of the computer and network infrastructures necessary for the functioning of the Services, MOODWALK cannot guarantee that Services will function 24 hours a day and 7 days a week.
   In order to ensure a high quality service, MOODWALK also sets aside periods for maintenance, updates or technical interventions, and these are likely to result in access to the Site and to the Services being interrupted. However, MOODWALK undertakes to limit the number and duration of Service interruptions.
6. In all cases referred to in article 5.5, the resulting malfunctions or periods of non-availability of Services cannot be considered as periods during which MOODWALK does not fulfil its obligations, and no compensation will be paid to the User, whatever prejudice may be suffered by the User or by third parties due to these malfunctions or periods of non-availability.
   The same shall apply to any direct or indirect damages suffered by the User that may arise from the use of the features, software tools and online services made available through the Services.

6. INTELLECTUAL PROPERTY RIGHTS

1. All data of any nature whatsoever, and in particular texts, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, characteristics of the Site appearing on the Site, databases included in the Site and the Services are necessarily protected by copyright, trademark law, the sui generis right of databases and all other intellectual property rights, and belong to MOODWALK or to third parties having authorized MOODWALK to exploit them.
   Any reproduction and/or representation of any kind whatsoever, without authorization, of any of the data referred to in this article constitutes counterfeiting and will result in legal proceedings.
2. MOODWALK, in its capacity as publisher of the Site, grants the User a private, non-collective and non-exclusive right to use the data referred to in Article 6.1 of these Conditions.
   The User, except to engage his civil and criminal liability, therefore undertakes not to reproduce, translate, adapt, arrange, transform, communicate, represent and distribute, permanently or temporarily, by any means and under in any form whatsoever, without express prior authorization from MOODWALK, all or part of the data referred to in article 6.1 of these Conditions.
   Any use of software and other robots whose function is to crawl websites, with the aim of extracting information from the Site and the Services in an automated manner is prohibited under these conditions.
3. "MOODWALK" and "MOODWORK" are registered trademarks, over which MOODWALK holds the exclusive rights of use.
   The User undertakes not to infringe these trademarks in any way, and not to use them in any way without formal and prior authorization from MOODWALK.

7. DURATION AND TERMINATION

1. The User's subscription to the Services is concluded for an indefinite period.
   The User may terminate it at any time by sending an e-mail to [email protected]
2. MOODWALK reserves the right to terminate without notice or compensation the User's membership of the Services in the event of the latter's failure to fulfill the obligations resulting from this contract, or in the event of a violation by the latter, within the framework of the Services. , the various Laws and Regulations in force, of national, community and international scope where applicable, as well as to Public Order and good morals.
3. In all cases of termination of this contract referred to in this article, the User's access to his User Space will be automatically invalidated, and as a result the User will no longer have access to the results and summaries of his daily and three-monthly tests, his exercises, or his statistics concerning the evolution of his well-being within the Company/Public Body.
4. In accordance with the recommendations of the CNIL (National Information Technology and Liberty), MOODWALK does not keep data and information about the User beyond a period of one (1) year from the expiration of his subscription to the Services.
5. MOODWALK reserves the right to suspend, temporarily or permanently and without notice, the provision of all or part of the Services:
1. in case of force majeure, as defined by article 1218 of the Civil Code;
2. at its own discretion.

The present Conditions will then be automatically terminated, and the User will not be able to object to this or claim any compensation whatsoever.

8. PERSONAL DATA

1. In accordance with the provisions of Law n° 78-17 of 6 January 1978 relating to data processing, files and liberties, and with the decision of the CNIL (Commission Nationale Informatique et Liberté) of 10 July 2006 to remove the obligation to declare a website and replace it with the procedure for declaring the processing associated with the said site, the file of Users subscribing to the Services has been declared to the CNIL by MOODWALK, and in particular MOODWALK has declared that the conditions of collection and processing of Users' personal data within the framework of the operation of the Site and Services strictly comply with the conditions set forth by the simplified standard n°48 enacted by the CNIL concerning the automated processing of professional data relating to the management of clients and prospects.
2. Users who have provided personal information and all documents through the Site therefore have, in accordance with the provisions of the Law of January 6, 1978, a right of access to the data concerning them, as well as a right of modification. , rectification and deletion thereof.
   To exercise this right, all they need to do is send a postal or electronic mail to the contact details given in article 9.1 hereof.
3. MOODWALK undertakes to respect, within the framework of the processing of the User's personal data, all the obligations incumbent upon it under Law n° 78-17 of 6 January 1978 relating to information technology, files and liberties, modified by Law n°2004-801 of 6 August 2004 relating to the protection of individuals with regard to the processing of personal data.
   The personal data about the User, collected during his subscription to the Services, notably through forms, questionnaires, and in particular the data relating to his/her well-being within his/her Company/Public Body, is only intended for the exclusive use of MOODWALK within the framework of the provision of the services made available to the Users, and is not communicated or transferred to third parties, other than technical service providers who may be responsible for managing the Services, who are required to respect the confidentiality of the information and to use it only for the specific work that they are required to do.
   MOODWALK guarantees in this respect that no personally identifiable data relating to the User collected and processed in the context of his/her use of the Services, and in particular no data, including statistical data, resulting from his/her answers to questionnaires, or from his/her practice of exercises, nor the results of these exercises, will be the subject of any communication to the Company/Public Body.
   The User acknowledges and accepts, however, that MOODWALK may provide the Company/Public Body, without having to inform the User, with anonymized data, that is to say data that does not allow them to contact the User, concerning the use of the Services by the employees of the Company or officials of the Public Body, the results of this use and their well-being within the Company/Public Body.
4. MOODWALK keeps the Users' personal data on its own servers and undertakes to keep the personal data collected strictly confidential, except in the cases referred to in article 8.3 hereof.
   MOODWALK also guarantees the security and integrity of this data.
5. Users' data will also be used to improve and personalize communication with them, in particular through the newsletters to which they may have subscribed.
6. The User is informed and accepts that the operation of the Site necessarily implies that MOODWALK places "cookies" on his computer when he browses the Site, i.e. files recorded on his computer's hard disk, allowing the User to be automatically identified during subsequent connections to the Site, and to facilitate his browsing on the Site, as well as the use of the Services offered there.
   Cookies do not contain any personal information, as they are files stored on the hard disk of the User's computer, allowing him/her to be automatically identified during subsequent connections to the Site, and to facilitate his/her browsing on the Site and use of the Services.
   Cookies may also be used to produce statistics concerning the use of the Site and the methods used to browse on the Site, and in particular to evaluate traffic on the Site. Every person accessing the Site is assigned a unique cookie which then makes it possible to determine the way in which the Site is used.
   These cookies will be kept on the User's computer for 14 days, and at the end of this period, and if the User logs on to the Site again, a new cookie will automatically be placed on the User's computer.
   The User may, by selecting the appropriate settings on his browser, reject cookies or destroy them, but this will make it difficult, if not impossible, for him to use the Site and the Services.
7. The User further acknowledges and expressly accepts that MOODWALK reserves the right to collect megadata (big data), i.e. massive non-personally identifiable data, in the context of the operation of the Sites and Services, and to use it, for statistical purposes and/or for qualitative or quantitative analysis, free of charge or for a fee.
8. Moodwork undertakes to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as from its date of application. The purpose of the processing of personal data and its functionalities are as follows:
   - Analyze employee well-being: Users' responses regarding their well-being.
   - Analyze employee burnout: Users' responses regarding their burnout if they wish to provide them.
   - Programs to manage employee well-being: Users' responses regarding their stress management, assertiveness, positive affect and over-investment.
   - Registration of new prospects: Users can contact us for a trial version. We back up their emails.
   For more information, please contact our Data Protection Officer at this email address: [email protected]

9. MISCELLANEOUS

1. For all information or questions, MOODWALK invites Users to consult the FAQ section of the Site which sets out the most frequently asked questions and provides answers for them.
   Users who have not found what they want in the FAQs can contact Moodwalk support by e-mail: [email protected]r.com or using the contact form.
   No requests will be accepted or handled by telephone.
2. These conditions express all of the obligations of MOODWALK as well as of the User, who however also submits to the provisions of the General Conditions of Use of the Site.
   MOODWALK reserves the right to unilaterally modify the terms of these Conditions, in particular in the event of technical, legal or jurisprudential developments, or when setting up new services.
   The new clauses will govern all relations between the parties for the future, and only the new version will prevail between them, the applicable conditions always being those accessible online on the Site.
3. In the event that one of the provisions of these conditions is considered invalid by virtue of a legal or regulatory provision, present or future, or a court decision with the authority of res judicata and emanating from a competent jurisdiction or body, this provision of the contract would be considered unwritten, all other provisions hereof remaining binding between the parties.
4. In the event of a dispute, only the French language version of these General Service Conditions shall be deemed authentic for the purposes of interpretation.
   These conditions are governed by French law both for the substantive rules and the rules of form.
   Any dispute arising from the execution or interpretation of the provisions of this contract obliges the parties to contact each other and attempt to find an amicable solution to their dispute, before referring the matter to the competent jurisdiction.

IN THE EVENT OF FAILURE THE FRENCH COURTS WILL BE SOLELY COMPETENT TO HEAR THE LITIGATION.