1. Who are we?
We are Everybody’s Gonna Learn Sometime, a French SAS registered under the number 920 109 139
You can contact us at the following e-mail address : firstname.lastname@example.org
2. What do we propose?
We offer personalized audio learning experience for professionals to level up during downtime (the "Services") through our application (the "App").
3. What do you need to know about our Terms and Conditions?
What are our Terms and Conditions for?
Our terms and conditions (the "Terms and Conditions") are the sole document governing our contractual relationship and define:
Where can you find our Terms and Conditions ?
You can find them via a direct link at the bottom of the App page.
How to accept our Terms and Conditions?
You agree to the Terms and Conditions by checking a box in the registration form. If you do not agree to all of our Terms and Conditions, you may not access the Services.
4. What are the conditions for accessing our Services?
You are :
- a natural person with full legal capacity, or
- or a legal person acting through a natural person who has the power or authority to enter into a contract in your name and on your behalf.
You are a private individual or a professional, understood as any natural or legal person acting for purposes relating to his commercial, industrial, handmade, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
5. How to subscribe to our Services?
You must fill in the form provided for this purpose on the App and confirm the creation of your account (the "Account") after receiving an email from us.
You must provide us with all the information marked as mandatory.
Registration automatically opens an Account in your name which allows you to access our Services.
6. What are the Services we offer?
6.1. Our Services
The Services offered on the App consist of personalized learning path based on:
- The possibility of entering the skills and level you wish to improve directly on the App,
- The self-generation of a personalized podcast playlist based on your skills among other things thanks to AI, NLP and machine learning algorithms to match your skills with the topics of the podcasts.
- The ability to take notes i.e. to deep dive content.
- that you are aware of the characteristics and constraints of our Services, in particular the technical ones,
- that the implementation of the Services requires a connection to the Internet and that the quality of the Services depends on this connection, for which we are not responsible,
You also recognize that these Terms and Conditions applied only to the Services described above. We reserve the right to offer other services that will be the subject of other terms and conditions.
6.2. Our additional services
- Corrective maintenance
We do our best to provide you with corrective maintenance to fix any malfunctions or bugs found on the App.
You acknowledge and agree that our App is currently in a testing phase. Therefore, you agree that access to the App may be limited or suspended for planned maintenance purposes.
- Upgradable maintenance
For the duration of the Services, you will benefit from upgradable maintenance, namely :
- improvements to the functionality of the App and/or technical facilities used in connection with the App to introduce minor extensions ("Updates"). We may make these automatically and without prior notice.
- additions of new functionalities of the App and/or the technical facilities used in connection with the App ("New Releases").
● Hosting :
We provide, under the terms of a due care, the hosting of the App, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.
● Technical support :
In the event of any difficulty encountered while using our Services or if you wish to report any malfunctions or bugs found on the App, you can contact us at the contact details mentioned in the article "Who are we?" or contact us through our Slack channel.
7. For how long do you subscribe to our Services?
You subscribe to our Services for an indefinite period.
8. What are our financial conditions?
Services described in this Terms and Conditions are free. We reserve the right to offer charged services which will be specified on the App.
9. Do you have a right of withdrawal?
You have a right of withdrawal when:
● you meet the conditions set forth in Article L221-3 of the Consumer Code and,
● your subscription meets the criteria of an off-premises contract within the meaning of Article L221-1 of the Consumer Code.
This right of withdrawal is 14 calendar days from acceptance of the Terms and Conditions. You can exercise this right free of charge by sending us before the end of the period to the contact details mentioned in the article "Who are we":
- The completed withdrawal form available here,
- or any other unambiguous statement expressing your wish to withdraw.
If you exercise your right of withdrawal, we will close your Account without undue delay and no later than 14 calendar days from the day we are informed of your wish to withdraw.
10. What are our respective intellectual property rights and what are we allowed to do?
10.1. Intellectual property rights on the App
The App is our property, as are the software, infrastructures, databases and texts, images, visuals, music, logos, brands, etc. that we use on the App. They are protected by all intellectual property rights or database producers' rights in force. The license we grant you does not entail any transfer of ownership.
You benefit from a non-exclusive, personal and non-transferable license to use the App for the duration set out in the article "For how long do you subscribe to our Services?”
10.2. Intellectual property rights on the Content
We publish on the App audio content and podcasts matching with your skills (the “Content”). This Content is public and may be available on podcast platforms and on the internet to any third party.
You acknowledge and agree that we do not produce such Content and we do not own any intellectual property rights on this Content. Our Services are strictly limited to make such Content available to you, taking your skills in account and we act as a broker in your relationship with the authors of the Content.
We cannot therefore be held responsible for your relationship with the authors of the Content, nor can we be a party to any disputes. In particular, we cannot be held responsible for the blocking, deletion or modification of Content by its author.
10.3. Intellectual property rights on Testimonials
You may also provide testimonials regarding your use of the Services (the “Testimonials”).
Therefore, you agree that we may :
- broadcast the Testimonials free of charge on the App and on any other French or foreign websites, including our website, published by any companies with which we have agreements, by any means and on any medium, for the purpose of promoting the App,
- translate the Testimonials into any language,
- modify (in particular the framing, format and colors) and/or adapt the Testimonials (in particular to the technical constraints of the App (alterations or degradations in their quality)).
10.4. For what purposes may we use your personality rights (image, name and voice)?
You authorize us to use, free of charge, the image attached to your Account as well as your name and voice captured in the Testimonials that we have produced in order to promote our Services, by any means and on any medium, for the whole world, for the duration of your subscription to our Services.
11. What are your obligations and what are you responsible for?
11.1. Concerning the provision of information
You agree to provide us with all information necessary to subscribe to and use the Services.
11.2. Concerning your Account
- guarantee that the information provided in the form is accurate and undertake to keep it up to date,
- acknowledge that this information is proof of your identity and is binding on you as soon as it is validated
- are responsible for maintaining the confidentiality and security of your Account.
You must contact us immediately using the contact details set out in the "Who are we" section if you become aware that your Account has been used without your knowledge. You acknowledge that we shall have the right to take any appropriate action in such a case.
- guarantee that the information provided to us is accurate and undertake to keep it up to date,
- acknowledge that this information is proof of your identity and is binding on you as soon as it is validated.
11.3. Concerning the use of the Services
You are responsible for your use of the Services and any information you share in connection with them. You agree to use the Services personally and not to allow any third party to use them for you or on your behalf.
You shall not misuse the Services for purposes other than those for which they were designed, and in particular for :
- practice illegal or fraudulent activity,
- harm public order and morality,
- infringe on third parties or their rights in any way whatsoever,
- violate any contractual, legislative or regulatory provision,
- carrying out any activity that may interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
- carry out any operation aimed at promoting your services and/or sites or those of a third party,
- assist or incite a third party to commit one or more of the acts or activities listed above.
You will also not :
- Copy, modify or misappropriate any of our property or concepts used by us in connection with the Services
- Adopt any conduct that interferes with or hijacks our computer systems or breaches our computer security measures,
- infringe our financial, commercial or moral rights and interests,
- market, transfer or otherwise provide access to the Services, the information hosted on the App or any of our property.
You will indemnify us against any claim and/or action that may be brought against us as a result of a breach of any of your obligations. You will indemnify us for any loss suffered and reimburse us for any sums we may have to bear as a result.
12. What are our obligations and what are we responsible for?
We undertake to provide the Services with due diligence, it being understood that we are bound by due care.
12.1. Concerning the quality of our Services
We make every effort to provide you with quality Services. For this purpose, we carry out regular checks to verify the functioning and accessibility of our Services and may carry out scheduled maintenance under the conditions specified in the "Maintenance" section.
However, we are not responsible for any difficulties or temporary impossibility of access to our Services due to :
- circumstances outside our network (including partial or total failure of your servers)
- the failure of equipment, cabling, services or networks not included in our Services or which are not under our responsibility,
- interruption of the Services by telecom operators or internet service providers,
- your intervention, in particular through an incorrect configuration applied to the Services,
- force majeure.
We are responsible for the operation of our servers, the outer limits of which are the connection points.
Furthermore, we do not guarantee that the Services subject to constant research to improve its performance and progress, will be completely free of errors, defects or faults.
In particular, you acknowledge and agree that we are not a training organization and that our Services do not allow you to obtain any certification.
12.2. Concerning the service level guarantee of the App
We make every effort to maintain 24/7 access to the App except in the event of scheduled maintenance as defined in the "Maintenance" section or force majeure.
12.3. Concerning the use of subcontracting and the transfer of our rights and obligations
We may use subcontractors in the performance of the Services, who are subject to the same obligations as we are in the performance of their work. However, we shall remain solely responsible to you for the proper performance of the Services.
We may substitute any person who will be subrogated to all our rights and obligations under our contractual relationship. We will inform you of any such substitution by any written means.
13. Within what limits can you engage our liability?
Our liability is limited to proven direct damages that you suffer as a result of using our Services.
14. What modes of proof are accepted between us?
Evidence can be established by any means.
You are informed that the messages exchanged through our App as well as the data collected on the App and our computer equipment constitute the main mode of proof admitted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
15. How is personal data processed in the context of the Services?
16. What are our respective obligations regarding confidentiality?
Unless the other party agrees in writing, we undertake respectively to keep confidential, for the duration of our contractual relationship and 3 years thereafter, all information relating to or held by the other party of which we become aware on the occasion of the conclusion and performance of our contractual relationship.
This obligation does not extend to information:
- of which the receiving party was already aware
- already public at the time of their communication or which would become public without violation of this clause
- which have been lawfully received from a third party
- whose communication would be required by the judicial authorities, in App of laws and regulations or in order to establish the rights of a party in the context of our contractual relationship
Confidential information may be passed on to our respective employees, collaborators, trainees, agents and contractors, on condition that they are subject to the same obligation of confidentiality.
17. Force majeure
We shall not be liable for any failure or delay in the performance of our respective contractual obligations due to force majeure occurring during our relationship. Force majeure includes :
- any case meeting the conditions of Article 1218 of the French Civil Code and recognized by case law,
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure of a third-party telecommunications provider.
If one of us is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations shall be suspended upon receipt of the letter and shall be resumed within a reasonable period of time after the force majeure has ceased.
We shall nevertheless remain liable for the performance of our respective obligations that are not affected by force majeure and for any payment obligations.
18. How to terminate Services?
You can unsubscribe from our Services by sending us a request to the contact details listed in the "Contact" section.
The termination is effective 10 days from the date of unsubscription.
You no longer have access to your account once the Services have ended.
We may delete any Account if it has been inactive for a continuous period of more than 6 months.
19. What are the penalties for failing to meet your obligations?
The payment of the price of the Services as well as the obligations set out in the article "What are your obligations and what are you responsible for" are essential obligations.
In the event of a breach of these obligations, we may:
- suspend or terminate your access to the Services,
- publish on the App any information message that we deem useful
- send you a registered letter with acknowledgement of receipt to
o terminate our contractual relationship, the termination taking effect on the day of receipt or first presentation of this letter
o or to ask you to remedy the breach within a maximum of 15 calendar days. Termination will take effect at the end of this period if the breach is not remedied.
- Termination will result in the deletion of your Account,
- notify and cooperate with any competent authority and provide it with any information relevant to the investigation and prosecution of illegal or unlawful activities,
- initiate any legal action.
These sanctions are without prejudice to any damages we may claim from you.
20. How can we change our Terms and Conditions
We may change our Terms and Conditions at any time and will notify you in writing (including by email) at least 10 calendar days before they come into effect.
The modified Terms and Conditions are applicable as soon as they come into force.
If you do not agree to these changes, you must unsubscribe from the Services in the manner set out in the section "How to terminate the Services".
If you use our Services after our amended Terms and Conditions come into effect, we will assume that you have accepted them.
21. Which language prevails in case of disputes on the interpretation of the Terms and Conditions?
The English language shall prevail in case of contradiction or dispute as to the meaning of a term or provision.
In the event of a dispute with us, you can have free recourse to the following consumer ombudsman for an amicable settlement, if you meet the conditions set forth in Article L221-3 of the Consumer Code and :
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris - France
Phone : +33 6 09 20 48 86
23. Applicable law and jurisdiction
Our Terms and Conditions are governed by French law.
In the event of a dispute between us, and in the absence of an amicable settlement within 1 month of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided for by mandatory provisions.