Terms of use

1. Legal notices

1.1 Publisher of the HOLIVIA Platform

HOLIVIA SAS, simplified joint stock company with capital of 34.847,40€ euros whose head office is located at 73 Allée de Kléber-Bd de Strasbourg 34000 Montpellier, and registered in the Montpellier Trade and Companies Register under number 882 741 044 (here and after referred to as “HOLIVIA” or the “Company”) Director of publication: Imad Wakidi, Chief Operating Officer of HOLIVIA SAS Responsible for writing: Imad Wakidi, Chief Operating Officer of HOLIVIA SAS Email : contact@holivia.fr

1.2 Certified health data host

The company Amazon Web Services EMEA SARL, whose head office is located at Tour Carpe Diem, 31 Place des Corolles, 92400 COURBEVOIE – France and registered in the Nanterre Trade and Companies Register under number 831 001 334.

2. Definitions

The terms defined below have the meaning and scope given in their definition in the context of the conclusion and execution of the General Terms of Use of the HOLIVIA Platform and the General Terms of Sale of the Services.

« GTU » designates these General Terms of Use of the HOLIVIA Platform and the Services;

« GTS » designates the General Terms of Sale of services to Beneficiary Users; As such, the Beneficiary User acknowledges that in the context of an Order, he expressly accepts the Terms of sale of the Psychological Counselor.

« Order » designates any commitment to purchase Psychological Counselor Services and HOLIVIA Services by the Beneficiary User;

« Personal account » designates the account created by the User during their first connection on the HOLIVIA Platform allowing access to their private and secure space for the use of the Services;

« Content » designates all texts, photographs, videos, illustrations, functionalities and more broadly any element existing within the HOLIVIA Platform published by HOLIVIA and/or by the Psychological Counselors;

« HOLIVIA » designates the HOLIVIA company as provider of the HOLIVIA Platform and the HOLIVIA Services;

« HOLIVIA Platform » designates the web interface accessible at the address https://app.holivia.fr/ allowing Users to access the various Services and Content.

« Psychological Counselors » designates the professionals listed on the HOLIVIA Platform, delivering online Psychological Counseling to Users; the Psychological Counselor has concluded General Terms of Services (GCS) with HOLIVIA; each Psychological Counselor operates under his own exclusive responsibility in accordance with his professional obligations.

« Psychological counseling » refers to one-on-one support focused on listening, advising, and helping manage emotions, relationships, and mental and emotional well-being. It does not constitute a medical diagnosis or therapeutic care in the strict sense, and does not include prescriptions or regulated clinical acts. Psychological counseling aims to help the person better understand their struggles, develop their personal resources, and improve their emotional and relational balance.

« Regulation » refers jointly EU Regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and to the free movement of this data of April 27, 2016 (known as “GDPR”).

« Data controller » within the meaning of the Regulation means the legal or natural person responsible for the processing of personal data; as part of the HOLIVIA Platform:

• Each Psychological Counselor is responsible for processing personal data relating to Users. Data is processed as part of 1-on-1 sessions using the HOLIVIA Platform;
• HOLIVIA is responsible for processing personal data relating to Users apart from the data processed within the framework of the Psychological Counselor Services which fall under the processing responsibility of the Psychological Counselors.
• Workplace Options (“WPO”), HOLIVIA’s partner specialized in Employee Assistance Program (“EAP”) services. For certain countries located outside Europe, psychological support services may be provided directly by Workplace Options (WPO) and/or by WPO Providers. In addition, certain complementary services are operated by WPO worldwide, including 24/7 telephone support services, Work-Life services, legal support services, financial support services;coaching and external resource referral services. In this context, WPO acts as an independent data controller for processing activities carried out within its own systems and tools and assumes exclusive responsibility for services delivered by WPO Providers.

« Services » designates all Services and Content provided to Users from the HOLIVIA Platform and including the HOLIVIA Services and the Psychological Counselor Services:

• « Services HOLIVIA » means the Services provided by HOLIVIA.
• « Psychological Counselor Services » designates the Services provided by the Psychological Counselors or, for certain countries and certain services, by WPO Providers coordinated by WPO.

« Third-Party Payers » designates any health insurer, broker, company, public or private organization which has subscribed to a contract with HOLIVIA including, in favor of Users, access to the HOLIVIA Platform and, in favor of Beneficiaries, access to the Services.

« Users » means any person benefiting from access to the HOLIVIA Platform supported by a Third-Party Payer and using the Services after creating a Personal Account, either as a Beneficiary, or at their expense in their capacity as a Beneficiary User. The Users are made up of:

• « Beneficiary »: designates any User benefiting from Psychological Counselor Services and HOLIVIA Services supported by a Third-Party Payer.
• « Beneficiary User » means any User who, if they wish, can benefit from Psychological Counselor Services and HOLIVIA Services at their own expense. The Beneficiary User accepts the Psychological Counselor Terms and Conditions and the HOLIVIA Terms and Conditions on the HOLIVIA Platform during each Order.

« 1-on-1 session » designates an individual session between a User and a Psychological Counselor or, where services are operated by Workplace Options (WPO), with a WPO Provider. It can be held online through

videoconferencing tool using the HOLIVIA Platform, or onsite. The 1-on-1 session delivered by the Psychological Counselors or WPO Providers may be supported by a Third-Party Payer or failing that, is paid directly by the Beneficiary Users in execution of the Psychological Counselors' Terms and Conditions.

“WPO Providers” means all professionals, counselors, providers and specialists proposed, coordinated or operated by Workplace Options (“WPO”) in connection with Employee Assistance Program (“EAP”) services, including psychologists, coaches, legal support advisors, financial support advisors, Work-Life specialists and external resource referral partners. WPO Providers operate under the exclusive responsibility of Workplace Options (WPO), in accordance with the contractual, operational and professional framework defined by WPO.

3. General provisions

3.1 Contract documents

Each User agrees to these Terms and Conditions of the HOLIVIA Platform.

The General Terms and Conditions, the General Terms of Sale and the Confidentiality Policy together form the Contractual Documents.

Each Beneficiary User who wishes to do so can also subscribe to the General Terms of Sale on the platform to benefit from the Services when not supported by Third-party Payers.

Each User acknowledges having read the Privacy Policy.

Each User consents to the processing of their personal health data respectively by HOLIVIA, WPO and by each Psychological Counselor selected via the Privacy Policy presented to him within the HOLIVIA Platform.

The invalidity of a provision of these Terms and Conditions thus judged by a competent court would not affect the validity of the other provisions herein. Any waiver of one of the provisions of the present Terms and conditions cannot constitute a definitive waiver of all the present Terms and conditions.

3.2 Applicable law

The present Terms and conditions will be executed and interpreted in accordance with French law.

These General Terms and Conditions of Use refer to French law and/or any equivalent local legal provision. “Equivalent local legal provision” shall mean the regulations applicable in the country of residence of the User.

In the absence of amicable settlement, any dispute relating to the HOLIVIA Platform or in relation to its use will be submitted to the French courts, regardless of the User's place of residence.

3.3 Complaints handling – HOLIVIA customer service

Any complaint relating to the Services of the HOLIVIA Platform is addressed to HOLIVIA Customer Service at the following email address: support@holivia.fr or by mail to: HOLIVIA SAS, 73 Allée de Kléber - Bd de Strasbourg 34000 Montpellier.

The User is informed that he must not transmit any health data as part of his exchanges with HOLIVIA Customer Service.

3.4 Proof agreement – electronic signature

The digital records kept in the IT systems of HOLIVIA and its subcontractors will be considered as proof of communications as well as the various transmissions of written and electronic documents between Users and the HOLIVIA Platform or between HOLIVIA and each Psychological Counselor.

The User acknowledges and accepts that, after his or her account creation, any manifestation of will through the use of the features offered within the HOLIVIA Platform, and in particular acceptance of the GTU, constitutes an electronic signature and expresses consent in characterizing his proof.

The implementation of an electronic signature, on the basis of a reliable identification process guaranteeing its link with the act to which it is attached, is considered as a valid signature and as proof within the meaning of the aforementioned provisions.

The User may not contest the admissibility, validity or probative force of the elements in the aforementioned electronic format or medium, on the basis of any legal provision whatsoever and which specifies that certain documents must be written or signed to constitute proof. Thus, the elements considered constitute evidence and, if they are produced as means of proof by HOLIVIA in any contentious or other procedure, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same probative force as any document which would be established, received or kept in writing.

3.5 Entry into force

The present GTU come into execution on the day of acceptance of the terms without reservation with regard to the User after having read them and validated the content during the creation of their Personal Account.

The GTU remain valid with regard to the User for the entire period necessary for the User's use of the HOLIVIA Platform.

In general, the User acknowledges that the expression of his consent to the GTU and to the Privacy Policy is materialized by the activation of check box(es) associated with a proof agreement defined in these present terms.

4. General warnings

The User is invited to read the following warnings:

The HOLIVIA Platform, including all Services and Content accessible from the HOLIVIA Platform, does not qualify as a software medical device and does not under any circumstances allow:

• deliver medical procedures or medical teleconsultations : the User acknowledges that the Services do not under any circumstances allow the carrying out of a diagnosis or prescription or remote medical care and do not constitute either directly or indirectly a medical consultation; to carry out remote medical monitoring : the HOLIVIA Platform is not a User tracking tool. Under no circumstances does the information accessible to the Psychological Counselors via the HOLIVIA Platform allow them to carry out remote medical monitoring; to deal with emergency situations: if necessary, it is up to the User to call the emergency services, go to the emergency services, or contact their Primary care physician or any other competent specialist directly.

The information and advice provided by Psychological Counselors or WPO Providers do not fall within the medical monopoly falling within the sole competence of a doctor and no advice or medical opinion given by a doctor or any other health practitioner usually in charge of care to the User, must be neglected or delayed due to information or advice accessible from the HOLIVIA Platform, including when provided by a Psychological Counselor or a WPO Provider.

The User acknowledges that he alone makes decisions concerning his health based on the advice given by the doctor or any other healthcare professional usually in charge of his care, notwithstanding the advice and information provided via the HOLIVIA Platform.

In general, the Services accessible from the HOLIVIA Platform do not replace, in whole or in part, the comprehensive and personalized support and care provided by a healthcare professional in accordance with their professional, legal or ethical obligations.

It is therefore recommended that users seek prior advice from their doctor regarding users considered fragile (elderly people, current pregnancy, person with a chronic illness, etc.)

5. Description of the HOLIVIA Platform and Services

WARNINGS: (1) the user is warned that HOLIVIA is in no way able to validate, control or verify the accuracy, reality, timeliness or completeness of the information and data entered and provided under the sole responsibility, control and direction of the user when providing or using the services from the HOLIVIA platform.

As such, it is recommended to be particularly attentive and vigilant when entering and/or using information so as not to provide and/or use incomplete, ambiguous, inaccurate, misleading or obsolete information.

(2) in addition, the use of the services may rely on the collection and processing of the user's health data. given the sensitivity of this data, the user is warned of the need to ensure third party access to his personal account.

5.1 Services offered

The User has access from the HOLIVIA Platform to the HOLIVIA Services and the Psychological Counselor Services:

• HOLIVIA offers personalized content often referenced as self-care Services HOLIVIA programs. These contents can be presented in video, audio or written form. They aim to give practical tools and raise awareness to help the user better take care of his or her mental well-being.

Psychological Counselor ▪ 1-on-1 sessions and recommendations of Content and self-care Services programs to Users

NB: Certain Services may be operated directly by Workplace Options (WPO), notably for certain countries located outside Europe and for certain Employee Assistance Program (“EAP”) services.

Psychological support services provided outside Europe may be delivered directly by WPO or by WPO Providers.

Work-Life services, legal support services, financial support services and 24/7 telephone support services are operated worldwide by WPO and/or by WPO Providers.

In this context, WPO acts under its own responsibility and according to its own operational conditions.

In order to obtain further information on the data processing implemented from the HOLIVIA Platform as part of the Services offered, the User is invited to consult the Privacy Policy.

5.2 Content accessible from the HOLIVIA Platform

The HOLIVIA Platform only contains Content published by HOLIVIA itself.

Psychological Counselors are authorized to use the HOLIVIA Platform to deliver Services within the framework of the General Terms of Services (GCS) with HOLIVIA and under their exclusive responsibility in accordance with their professional obligations.

WPO Providers may also intervene within the framework of services operated by Workplace Options (WPO). These services are provided under the exclusive responsibility of WPO in accordance with its own operational and professional conditions.

In this case HOLIVIA assumes the sole responsibility of a technical intermediary in respect of Content freely produced by Psychological Counselors.

In addition and despite all the care taken in processing information, taking into account the evolution of scientific knowledge, Users are informed that the information presented to them is neither complete nor exhaustive and may not be immediately and systematically updated.

HOLIVIA therefore draws the User's attention to the fact that consulting the Services from the HOLIVIA Platform does not exempt them from consulting their usual doctor.

It is up to the User to verify, prior to any decision taken on the basis of the Content accessible on the HOLIVIA Platform, their conformity and suitability for their needs. Before any decision or in case of doubt, it is the User's responsibility to consult competent professionals.

In general, the User acknowledges that his use of the information and functionalities of the HOLIVIA Platform is under his sole control, direction and responsibility.

HOLIVIA cannot be held responsible for the interpretation or use of the Services and Content and information distributed via the HOLIVIA Platform, nor for the consequences.

5.3 Mandatory equipment

The User is informed that access to the Video-conferencing feature with a Psychological Counselor via the HOLIVIA Platform requires having the following configurations : Chrome, Firefox or Safari.

The User must also have a webcam.

In addition, and before each 1-on-1 session scheduled with a Psychological Counselor, the User is invited to check their internet connection to ensure that it is working correctly and then to settle in a quiet space, guaranteeing the confidentiality of the 1-on-1 session.

5.4 Self-care programs

Self-care programs provide access to multimedia Content (advice, videos, exercises based on behavioral science, questionnaires, etc.) adapted to the User's profile.

The User is informed and agrees that all of the information collected and processed by HOLIVIA while consulting self-care programs can be accessible to the Psychological Counselor(s) he/she has selected on the HOLIVIA Platform and who participate in its support for the needs of the 1-on-1 sessions.

The User will have the possibility to withdraw their consent at any time.

To find out more about the processing of health data, the User is invited to consult the Privacy Policy.

5.5 1-on-1 session The User is informed that the planning of a 1-on-1 session is preceded by an appointment scheduling with the Psychological Counselor selected via the HOLIVIA Platform. The deadline for making an appointment is 24 hours. Users can’t book an appointment the same day.

For certain countries located outside Europe, psychological support services, appointment scheduling and 1-on-1 sessions may be provided directly by Workplace Options (WPO) and/or by WPO Providers coordinated by WPO.

Exceptionally, the Psychological Counselor may not be available at the time of the reserved appointment. The responsibility of the Psychological Counselor cannot then be engaged. In this case, the User has the possibility to set another appointment.

Work-Life services, legal support services, financial support services and 24/7 telephone support services are operated worldwide by WPO and/or by WPO Providers.

The User can also cancel/reschedule their appointment free of charge 24 hours before the initially scheduled appointment time.

Beyond the 24 hour period, the User no longer has the possibility of canceling or rescheduling his appointment and acknowledges being informed that he exclusively assumes all the consequences of not showing up for the appointment. Depending on the User's situation, either the missed session will be deducted from the Video consultations supported by the Third-Party Payer (case of the Beneficiary), or the missed session will have to be paid directly by the User (case of the Beneficiary User).

E-mail notifications may be sent to the User, for the purpose of managing appointments made with the Psychological Counselor via the HOLIVIA Platform (for example, confirmation of the appointment, delay of the appointment time, reminder of the appointment 1 hour before etc.).

Furthermore, the User acknowledges and accepts that each access to a 1-on-1 session with a Psychological Counselor via the HOLIVIA Platform constitutes consumption of the session. Thus, any session started and interrupted by the User is considered to be consumed.

Finally, if the User is late to the session, the delay cannot be compensated during the session which will end at the initially agreed upon time.

WARNING

Each Psychological Counselor or WPO Provider, listed on the HOLIVIA Platform, delivers Services under their exclusive responsibility.

Thus, the Psychological Counselor or WPO Provider may consider, in application of his professional obligations, that he is not able to deliver his Services to the User. In such a case, the Psychological Counselor or WPO Provider will inform the User and explain the reasons for the impossibility of providing the Services.

Under no circumstances can the Psychological Counselor or WPO Provider be held liable in this respect, which the User acknowledges and accepts.

In addition, the User is expressly informed that the Psychological Counselors or WPO Provider he has selected through the HOLIVIA Platform and who provides him with psychological counseling in the context of the use of the Services will be able to access his health data collected in the context of his use of self-care programs. This access will be organized in compliance with the confidentiality rules that apply to this data, in accordance with the authorization profiles defined and on the basis of explicit consent.

5.6 Testimonials

The User who wishes to publish a testimonial on the HOLIVIA Platform voluntarily completes the section provided for this purpose.

User testimonials are not published on the HOLIVIA Platform. They are private. Only HOLIVIA teams will be able to access it.

The User's attention is drawn to the fact that as part of their testimony on the HOLIVIA Platform, they are likely to reveal health data concerning them.

The User appreciates under his responsibility the opportunity to transmit a testimony and its content. No compensation is provided in exchange for the publication by the User of a testimonial. The User author of the testimony is informed and acknowledges that HOLIVIA may be required to contact him regarding his testimony. In particular, when writing the testimony, the User is prohibited from:

• disseminate information contrary to public order or good morals;
• disseminate defamatory, abusive, harassing, sexist, racist, discriminatory, or threatening remarks to anyone, or in violation of the rights of others;
• advocating crimes against humanity, inciting racial hatred, violence in all its forms or pedophilia;
• distribute pornographic images,
• create a false identity or usurp the identity of a third party;
• divert the purpose of the HOLIVIA Platform to carry out propaganda or proselytism, prospecting or soliciting;
• publish information of a commercial, advertising or propaganda nature in favor of tobacco, alcohol, or any other regulated substance, product or service, in particular medicines, medical devices or health professionals or establishments;
• disseminate content that infringes the personality rights of third parties;
• publish information contravening the legislation on the protection of personal data, allowing the identification of natural persons without their consent, in particular their last name, postal and/or electronic address, telephone number, photograph, sound or audiovisual recording, or to collect;
• to transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool.

6. Conditions of access to the HOLIVIA Platform

Access and use of the HOLIVIA Platform are reserved for Users who are individuals benefiting from access to all or part of the Services and Content supported by a Third-Party Payer and after acceptance of the present GTU and the Privacy Policy.

Users may not use the Services and Content provided as part of the HOLIVIA Platform for purposes other than for their purpose defined in these GTU, and in particular are prohibited from using the HOLIVIA Platform, including the Services and Content, to promote a product, a service, a health establishment, a health professional or a pharmacy or in general for any advertising or promotional or professional purpose.

Any other fraudulent use of HOLIVIA's rights exposes the User to suspension of access to the HOLIVIA Platform and, where applicable, to prosecution.

The User acknowledges and accepts that all Internet connection costs remain their exclusive responsibility.

The User undertakes not to oppose by any technical means the updating of the HOLIVIA Platform.

6.1 Creation of a Personal Account

Access to the HOLIVIA Platform and to the Services and Content offered via the HOLIVIA Platform is subject to the creation of a Personal Account by the User.

When creating their Personal Account, the User is invited to provide their identification information (last name/first name, email). The User is then invited to create a secure password (see article 6.2 below), then to provide additional personal information in order to complete their profile.

Finally, the User is informed and acknowledges that the creation of a Personal Account for the use of the Services and access to the Content of the HOLIVIA Platform implies prior acceptance of these GTU, as well as the Privacy Policy through two separate check boxes.

The General Terms of Sale must also be accepted by the Beneficiary User through a checkbox at the time of payment via the HOLIVIA Platform.

The User agrees to receive emails confirming their registration and the creation of their Personal Account.

The User also agrees to receive engagement emails designed to enhance their experience. These may include personalized content tailored to their interests, recommendations of relevant psychological counselors, invitations to webinars and events, and updates about services that match their user journey. Such communications are sent in accordance with their preferences and the applicable data protection regulations.

WARNING :

The User undertakes to enter and declare the data which allows his identification under his full responsibilities, controls and directions and undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age.

In the event that it communicates false, inaccurate, misleading, incomplete or outdated information, HOLIVIA reserves the right to suspend or refuse the User's access, without notice or compensation, temporarily or permanently, to all or part of the HOLIVIA Platform, its Services and Content. Furthermore, in such cases, HOLIVIA declines all liability arising from the use of the HOLIVIA Platform.

6.2 Login to Personal Account

Connection to the Personal Account is based on a reliable and secure User authentication system.

As such, when creating their Personal Account, the User provides a unique and personal password allowing access to the HOLIVIA Platform. The password defined by the User must contain at least 8 characters with at least 1 number, 1 capital letter and 1 special character. The User acknowledges that he is solely responsible for the use he makes of his password and identifier.

The identification and authentication of the User by means of the password and the login (their email address) when accessing their Personal Account irrefutably constitutes attributability to the User of the operations carried out once connected to their Personal Account by means of this password and this login, under the conditions defined in the article “Proof Agreement” of these GTU.

In the event of loss or theft of the password and/or login, the User undertakes to inform HOLIVIA without delay, by any written means of their choice:

• Email : contact@holivia.fr

As such, the User undertakes to keep their authentication elements secret, it being understood that HOLIVIA cannot be held responsible for any loss or damage occurring in the event of failure to comply with this obligation, any use of the aforementioned elements being made under the entire responsibility of the User.

In addition, the User may, at any time, modify his password in the “My Profile” section accessible from his Personal Account, particularly if he suspects use by an unauthorized third party of his password and/or identifier.

WARNING : The User's attention is drawn to the fact that their Personal Account may contain data relating to their health. Given his sensitivity, he is warned of the need to ensure third party access to his Personal Account.

The User implements under his responsibility all useful and relevant security measures for the purposes of protecting access to his Personal Account.

The User acknowledges and agrees that Psychological Counselors, authorized HOLIVIA-employed psychologists, or authorized WPO Providers intervening within the framework of services operated by WPO may access, following authentication, their health data, while respecting the confidentiality of their data, with a view to delivering their Services from the HOLIVIA Platform.

Finally, the User is informed that HOLIVIA is in no way intended to intervene in the Psychological Counselor or WPO Provider / User relationship covered by the professional secrecy to which Psychological Counselors or WPO Providers are bound.

7. Obligations and responsibility

HOLIVIA is bound by an obligation of means in the context of making the HOLIVIA Platform and the Services available to it.

Each Psychological Counselor or WPO Provider is responsible for the advice they provide from the Holivia Platform and in particular within the framework of the 1-on-1 sessions.

Services operated directly by Workplace Options (WPO), including services delivered by WPO Providers, are provided under the exclusive responsibility of WPO. HOLIVIA acts solely as a technical intermediary enabling access to these services from the HOLIVIA Platform. WPO assumes exclusive responsibility for the organization, delivery and supervision of services provided by WPO Providers.

The User acknowledges that HOLIVIA cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the causes (including damage that may be caused by the possible dissemination of viruses, by computer fraud, due to the constraints and limits of the Internet network or even the loss, deterioration or alteration of files) nor for the resulting consequences:

• its use of the HOLIVIA Platform and the Services;
• the impossibility of having access to the HOLIVIA Platform and the Services, with the exception of direct damage resulting from gross or intentional misconduct.

The User is responsible for his use of the HOLIVIA Platform and the Service(s) he chooses and in particular for the information he receives in this context. The User remains fully and personally responsible for the use of the HOLIVIA Platform and the Services under common law conditions. He undertakes to validate the suitability of the HOLIVIA Platform and the Services to his needs. He acknowledges that he alone makes any decision based on the Services, if applicable.

Psychological Counselors are exclusively responsible for the Services they provide to Users under the conditions defined by the regulations applicable to their profession.

Generally speaking, Users undertake to use the HOLIVIA Platform and the Services:

• in compliance with laws, regulations and third party rights, in particular intellectual and industrial property rights;
• fairly and in accordance with its intended purpose.

It is their responsibility in particular:

• to meet their security obligations, in accordance with the “Security” article of the present GTU;
• to use the HOLIVIA Platform and the Services in compliance with the GTU and the legal and regulatory provisions in execution;
• not to market all or part of the Services accessible from the HOLIVIA Platform.

In the event of non-compliance with one or more provisions of the GTU, User access to the HOLIVIA Platform may be, unilaterally, automatically and without notice, temporarily suspended or permanently blocked.

8. Security

Generally speaking, preserving the security of a Personal Account requires Users to:

• To respect the security instructions and in particular the rules relating to the definition and change of its authentication elements;
• To respect access management, in particular, not to use the authentication elements of another User, nor to seek to know this information;
• To keep its authentication elements strictly confidential and not reveal them to a third party, whatever their professional qualities and activities;
• To notify HOLIVIA of any technical malfunction observed and any anomaly discovered, such as intrusions.

In particular, it is up to the User to take all appropriate measures to protect their own data and materials from contamination by viruses or other forms of attacks possibly circulating via the HOLIVIA Platform.

Users acknowledge the existence of risks inherent in the use of telecommunications, including even in the presence of secure access as implemented within the framework of the HOLIVIA Platform, and particularly in terms of:

• Unreliability of the Internet network;
• Continuity not guaranteed in access to the HOLIVIA Platform and its Content and Services;
• Performance not guaranteed, particularly taking into account the spread of viruses;
• All other technical constraints which are not under the control and responsibility of HOLIVIA.

Under no circumstances can HOLIVIA be held responsible for these risks and the harmful consequences, whatever the extent, for the User.

9. Intellectual property

9.1 HOLIVIA Platform, Services and Content

HOLIVIA is the owner of the intellectual property rights of the Content and Services of the HOLIVIA Platform, with the exception of the information and content provided by Psychological Counselors and subject to the rights assigned by the latter.

Use of the HOLIVIA Platform does not in any way confer on the User any ownership rights over the HOLIVIA Platform, its Services and Content.

All Services and Content of the HOLIVIA Platform, including without limitation, the domain name, brands, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation map, the design and organization of its sections, their titles, existing or future, is protected by intellectual property rights, held or claimed by HOLIVIA, with the authorization of the holders of these rights, where applicable.

Any use, reproduction, copy, distribution of all or part of the Services and Content of the HOLIVIA Platform by the User for use other than private or other than the use of the HOLIVIA Platform is prohibited. This right of use is non-transferable and non-exclusive.

Unless expressly authorized in advance by HOLIVIA, the User is prohibited from any reproduction, representation and use other than those referred to above and in particular:

• Any adaptation, reproduction, representation, making available to the public at its request or not, distribution, rebroadcast in any form whatsoever, partially or totally, derivatively or otherwise, networking, public communication, free of charge or for a fee, of all or part of the works, services, and all elements protected or capable of protection by intellectual property law reproduced within the HOLIVIA Platform;
• Any link, access, modification, addition, deletion which relates to the HOLIVIA Platform.

Any form of use of the Services and Content of the HOLIVIA Platform in fraud of HOLIVIA's rights would constitute an infringement punishable by the Intellectual Property Code, likely to expose the perpetrators of these actions to civil and criminal legal proceedings.

In particular, the following are also prohibited:

• Any commercial use of all or part of the HOLIVIA Platform;
• Any use for collective use of a nature or likely to create an illegitimate obstacle to the operation of the HOLIVIA Platform.

HOLIVIA reserves the right to take all measures it deems appropriate in order to prevent or put an end to the infringement of its intellectual property rights or the intellectual property rights of third parties, without any liability being attributed to it due to these measures.

In addition to its exclusive intellectual property rights over the structure of the databases implemented within the framework of the use of the product, as defined above, due to the substantial financial, material and human investments made by HOLIVIA in the design, development, hosting and implementation of the HOLIVIA Platform, the User acknowledges that HOLIVIA has the capacity of "producer" of all databases produced within the framework of the HOLIVIA Platform, within the meaning of the provisions of article L. 341-1 of the Intellectual Property Code or any equivalent local regulation, and thus has all the property rights over the databases thus constituted, on an exclusive basis and for the entire legal duration of protection of the databases as defined by the Intellectual Property Code.

HOLIVIA's rights to the databases produced as part of the use of the HOLIVIA Platform in execution of these General Terms of Use are subject to compliance with the Regulations relating to the protection of personal data.

10. Protection of personal data

In accordance with the Regulations, personal data concerning the User (including data relating to personal life and to their health within the meaning of the Regulations) and concerning the Psychological Counselor (including data relating professional life) are collected and processed in the context of access and use of the HOLIVIA Platform.

10.1 Personal data relating to Users

Information regarding the processing of the User's personal data is provided in the expressly accepted by the User when creating their Personal Account, and in the Privacy Policy of which the User acknowledges having read.

When certain processing activities are carried out directly by Workplace Options (WPO), the User is also invited to consult WPO’s privacy policy available at the following address: ttps://www.workplaceoptions.com/privacy-policy/

10.2 Personal data relating to Psychological Counselors

Information concerning the processing of the Psychological Counselor's personal data is provided in the general conditions of service (GCS) that the Psychological Counselor accepted as part of the creation of his Personal Account on the HOLIVIA Platform. The GCS are available in their professional backoffice panel.

11. Hyperlinks

11.1 From the HOLIVIA Platform

HOLIVIA does not verify or select the contents and sites which may be linked to the HOLIVIA Platform and is in no way responsible for the content of the sites to which links are made, including the sites of partners which are published under their full, exclusive and respective responsibility each for what concerns them.

Their presence does not in any way mean that HOLIVIA selects, qualifies, certifies, endorses or validates their content or accepts any responsibility for the content or use of these third party sites, including those of partners.

Each User accesses third-party sites under their sole and entire responsibility, including when links have been offered from the HOLIVIA Platform.

11.2 Towards the HOLIVIA Platform

Any implementation of a link to the HOLIVIA Platform requires the express and prior authorization of HOLIVIA which can be requested at the following email address: contact@holivia.fr

12. Major Event

HOLIVIA will not be held responsible in the event of inaccessibility of the HOLIVIA Platform, its Services and its Content caused by events beyond its control which could not be reasonably foreseen and whose effects cannot be avoided by appropriate measures, and preventing the execution of its obligations within the meaning of the legal definition appearing in the French article 1218 of the Civil Code (“Case Major Event”).

The execution of the present GTU will be suspended for as long as the Major Force Event lasts and HOLIVIA will endeavor to the extent possible to put an end to the Major Force Event or to find a solution allowing it to perform its contractual obligations despite the Force Majeure Event.

If the prevention is permanent, the User's access to the HOLIVIA Platform will be closed.

13. Modification of the GTU and developments of the HOLIVIA Platform

HOLIVIA reserves the right to modify at any time the present GTU or the rules concerning the use of the HOLIVIA Platform, its Services and Content.

HOLIVIA also reserves the right to develop the HOLIVIA Platform, the Services and the Content. When using the HOLIVIA Platform, the User uses the updated version of the HOLIVIA Platform.

The User will be informed of the posting online of each new version of the GTU and the HOLIVIA Platform and may be asked to accept them again by checking the corresponding boxes.

In all cases, continuing to use the HOLIVIA Platform after any modification of the GTU entails acceptance of the modifications to the GTU that are always accessible through a dedicated section right from the personal space.

Finally, HOLIVIA reserves the right to temporarily or permanently suspend access to the HOLIVIA Platform, without delay or compensation of any kind.

14. Termination of the GTU

14.1 Termination at the initiative of HOLIVIA

HOLIVIA reserves the right, unilaterally and without notice, formal notice or compensation of any nature whatsoever, to terminate all or part of access to the HOLIVIA Platform, its Services and Content, by the User, in particular in the event of abusive, unfair, fanciful or fraudulent use of the Services and Content of the HOLIVIA Platform or non-compliance with the rights of HOLIVIA and/or any obligation of the User defined in the GTU and/or the HOLIVIA General Terms of Sale or in the event of behavior not in compliance with the laws in force with regard to the Psychological Counselor, such as in particular, insulting, violent, racist behavior, inciting racial hatred or violence.

In the event of a definitive impediment in accordance with the “Case of force majeure” article of the present GTU, all access to the HOLIVIA Platform will be closed.

14.2 Termination at the User's initiative

At any time, the User has the possibility to close his Personal Account by sending a request to the following email address: contact@holivia.fr

The User is informed that closing their Personal Account will not result in the automatic deletion of personal data concerning them. This data will be kept under the conditions defined in the confidentiality policy accepted by the User available on this link.

At the end of this action, the User will no longer be able to access the Platform, Services and Content.

14.3 Termination at the initiative of the Psychological Counselor

The Psychological Counselor exclusively assumes all responsibility towards the Users with whom he is in contact and/or whom he follows within the framework of the HOLIVIA Platform, in the event of closure of his access to the HOLIVIA Platform. An automatic notification will be sent in this regard to each User concerned.

15. Transfer right

HOLIVIA may transfer the present at any time to a subsidiary or successor, regardless of the transaction.

The User is not authorized to transfer the rights he has under the GTU to a third party, without the express prior authorization of HOLIVIA.