1. Legal information and scope of application
1.1. Legal information
The "Positivisor" application (hereinafter the "), which can be accessed at https://www.positivisor.com, via our applications (hereinafter the "apps") or our partners' websites, is created, developed and operated by FEELVERYBIEN SAS, a simplified joint stock company, whose registered office is located at 99C Boulevard Descat, La Teinturerie, 59200 TOURCOING, FRANCE, registered with the Registre de Commerce et des Sociétés under number 922 300 538 00019, and having VAT number FR 039 223 00538 (hereinafter "FEELVERYBIEN" or "we"). We can be reached by telephone on +33 (0)970 408 879 and by e-mail at contact@positivisor.com
1.2. Scope of application
These general conditions of use and sale (the "Conditions") apply to all visitors ("you" or "the user") to the Site. In particular, their purpose is to define the terms and conditions under which the Site and its services are made available, as well as its conditions of use. Any access to and/or use of the Site implies acceptance of and compliance with all of the Terms. Please read the Terms carefully before using the Site or its services. If you do not agree with any of the provisions of these Terms, do not use the Site. In order to use certain services on the Site, you may be required to accept additional terms and conditions.
1.3. Modifications
We reserve the right to revise and amend these Terms from time to time without notice to you, in particular to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system capabilities. Your continued use of the services after such changes are made demonstrates your acceptance of these changes. If your purchase of the services is in progress, we will notify you in advance of any changes to these terms and you may choose to cancel your subscription to our services, without penalty, before the changed terms take effect.
2. System requirements
Use of the Site and its services requires a broadband Internet connection for personal computers and mobile Internet service (Edge, 3G, Wifi) for portable devices. These connections are not provided by FEELVERYBIEN, so the user must first individually subscribe to a broadband Internet connection and/or a mobile Internet offer in order to use the Site and its services. A third-generation (3G) mobile Internet connection is strongly recommended. As a user, you can activate the service from a personal computer (PC or MAC) with a compatible operating system and browser, and from a compatible mobile device (compatible hardware, operating system and browser). The service can only be accessed via one connection at a time (personal computer or registered compatible mobile device). FEELVERYBIEN has the technical means to check the number of simultaneous connections on the same account and therefore to detect multiple connection attempts. To enjoy the Site and its services via your smartphone or other device, your device must meet certain system requirements. These requirements can be found on the Site and app stores.
3. Access and use
Access and use of Positivisor does not require the creation of an account.
4. Complaints, cancellation and right of withdrawal
Vous pouvez adresser vos réclamations par email à l'adresse : Complaints can be sent by email to: contact@positivisor.com
5. Intellectual property and license of use
5.1. Intellectual property rights
The entire Site and its services, including its structure, tree structure, graphics, object or source codes, as well as its content (in particular text, graphics, images, photographs, videos, information, logos, button icons, software, audio and other files, databases) are the property of FEELVERYBIEN. We reserve all rights to the Site not expressly granted to you under these Terms. Accordingly, you agree not to use the Site for any purpose other than those set out below, without our express prior consent. You may be held liable for any breach of the foregoing, without prejudice to our right to unilaterally block your access to our services.
5.2. License of use
Subject to compliance with these Terms, we authorize you to access and use the Site and its applicable services, and where applicable to download its content, exclusively for personal use. The license thus granted to you is strictly personal, non-exclusive, limited and revocable in the event of non-compliance with these Terms. In particular, we draw your attention to the fact that no transfer of intellectual property rights may be inferred from your use of the Site and services, including with regard to the elements that we authorize you to download in application of the present Terms.
Any professional or commercial use of the Site and services is strictly prohibited. Content accessible from the Site and services not explicitly indicated as downloadable may not be downloaded or copied by you.
With the exceptions specified below, you are strictly prohibited from performing or assisting a third party in performing any or all of the following actions:
As an exception to the foregoing, a limited amount of content will be allowed (and specified as such, if applicable for a limited time) to be shared by the user on his personal social networks (Facebook, Twitter, etc) and personal websites and webpages (hereinafter the "Distribution Content"), , FEELVERYBIEN grants you a limited right to upload, reproduce and distribute the Distribution Content on the Internet solely for the purpose of sharing and/or commenting on your personal social networks, websites and/or webpages, as well as under the following cumulative conditions: (i) the Distribution Content may not be modified in any way, subject to technical modifications essential to its display and distribution through your computer systems and on the Internet (e.g. a change in video format or file size) that do not alter the substance or quality of the Distribution Content, (ii) the Distribution Content may not be shared outside the duration that may be indicated on the Site, (iii) the conditions for sharing the Distribution Content must comply with any additional conditions that may be indicated on the Site on a case-by-case basis, (iv) the Distribution Content must under no circumstances be shared with any other content that you know to be false, inaccurate or misleading or that is, or encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racist, or otherwise objectionable. This Distribution Content may contain gifs or cookies that allow us to collect information about the distribution and consumption of such content. For more information, please see our Privacy Policy.
6. Prohibited uses of the Site and services
6.1. Tampering with the integrity, security and operation of the Site and services
You agree not to upload, post, email, transmit or otherwise introduce onto our platform any material or files which contain computer viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or equipment connected directly or indirectly with our services or our services themselves. You agree not to interfere with servers or networks underlying or connected to the website or other services or to violate the procedures, policies or regulations of networks connected to our website or other services.
You may not probe, scan or test the vulnerability of the Site or the Apps, violate their security or authentication measures, or seek to trace or retrieve any information about any other user of or visitor to or member of the Site.
You may not interfere or attempt to interfere with access to any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing our services.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, systems or networks, FEELVERYBIEN's Apps, or systems or networks connected to the Site and apps, or that is likely to interfere with the proper working of the Site or apps, with any transaction conducted thereon, or with the use of any other person.
You will not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site and apps, , or in any way attempt to reproduce or circumvent the navigational structure or presentation of the Websites, the Apps, or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Websites or the Apps.
You are further prohibited from accessing or attempting to access any Positivisor server, or any of the services offered on or through the Site and Apps, by hacking, password mining, or use of other illegitimate means.
6.2. Interactions on the Site and services
In general, you agree not to engage in any objectionable conduct when using our services, or to use the services for any illegal, immoral or harmful purpose. In particular, you agree that messages posted online will not, without this list being exhaustive :
The user agrees not to resort to the automatic use of computer systems such as scripts in order to send comments or messages.
You agree not to manipulate headers or identifiers in order to disguise the origin of any message or transmission you send to Positivisor on or through the Site, the Apps, or any service accessible therein. You may not pretend that you are, or that you represent, someone else or impersonate any other person or entity.
You are solely responsible for messages, content and information published by you on the Site since, in its capacity as host of the service in question, FEELVERYBIEN cannot be held responsible for the content published by members on the Site and over which FEELVERYBIEN has no power of control or supervision.
7. Availability of services
While we strive to provide you with the best possible service, we make no promise that the services will always be available and meet your needs, expectations and charge; we cannot guarantee that the services will be flawless. If an error occurs in the services, please notify us at contact@positivisor.com and we will try to correct the fault within a reasonable time. If the need arises, we may suspend access to the services while we try to resolve the problem. We will not be liable to you if the services are unavailable for any period of time.
Your access to the services may occasionally be restricted to allow for repairs, maintenance or the installation of new facilities or services. We will attempt to restore services as soon as reasonably possible. In the event that services are unavailable, our usual order and cancellation deadlines and dates normally apply; please inform us of any changes to your order via our email contact@positivisor.com.
The content of the catalog is subject to change. We reserve the right to remove any meditation sessions or programs from our catalog without notice or recourse on your part.
8. Hypertext links
8.1. Links to other sites
We may provide you with links to other sites or access services. You acknowledge that access to such sites or services is at your sole discretion and that such links are provided for your information only. We have not analyzed, reviewed or endorsed any of these websites or services. We cannot be held responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources available on or from such sites/services, or (d) the use of what others make of such sites and services. We are not responsible for any damage, loss or tort caused or alleged to be caused by or in connection with use of or reliance on any such sites or services.
8.2. Linking to the Site
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part which does not exist. You must not create a link to our Site on a website that is not owned by you. Our Site and our other services must not be framed or encapsulated within any other site, nor may you link to any part of our Site or our other services, unless you have FEELVERYBIEN's written permission to do so. We reserve the right to withdraw permission by written notice in the event of use that damages our image or reputation. The Site from which you link to ours must comply in all respects with the content standards set out in these Terms, and in particular in article 6.2 above. If you wish to make any other use of the information available on our website or our other services than that set out above, please address your request to contact@positivisor.com.
9. Limitation of liability
We make every reasonable effort to ensure quality access to the Site and the security of the data you transmit to us via the Site, but we assume no obligation of result in this respect.
We do not guarantee continuous operation of the Site, which may be interrupted for maintenance purposes.
We cannot be held responsible for any other malfunction or failure of the network or servers or any other technical malfunction beyond our reasonable control that would prevent or impair access to all or part of the Site, or in the event of force majeure as defined by applicable regulations.
We draw your attention in particular to the limitations and constraints of the Internet and the impossibility of fully guaranteeing the security of data exchanges. It is therefore your responsibility to take all necessary measures to protect yourself against unauthorized intrusions into your information system, in particular by securing your Internet connection with a password and security code, or by using appropriate anti-virus software.
You are also informed that the quality of the Site's operation, and in particular response times, may vary according to the personal parameters of your connection computer and your Internet access service. We accept no liability in this respect.
Consequently, we cannot be held liable, directly or indirectly, for any malfunction of the Site, including any loss of data saved by your account, caused by one or more of the technical characteristics inherent in the Internet network, or in the hardware or software used by you, for any reason whatsoever.
Similarly, we cannot be held responsible for any malfunction of the Site, including any loss of data saved by your account, if such malfunction is the result of your incorrect use of the Site, or of the unsuitability of the hardware and software you use with regard to the technical specifications referred to above.
The information provided on this site is for information purposes only and does not constitute advice or a recommendation of any kind.
Consequently, we cannot be held liable in any way whatsoever for the use of the information and content available on all or part of the Site.
To the fullest extent permitted by applicable law, in no event, including but not limited to negligence, shall FEELVERYBIEN or its affiliates, suppliers, customers or vendors (collectively, the "Protected Entities") be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising out of, or related directly or indirectly to the use or inability to use the services or the content, materials and functions associated therewith, your provision of information through the services, or loss of business or lost sales, or errors, viruses or bugs contained in the services, even if such Protected Entity has been advised of the possibility of such damages. In no event shall protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person or through the services.
Nothing in this clause shall limit the liability of FEELVERYBIEN or the Protected Entities in the event of fraud, gross negligence or personal injury.
10. Medical warning
FEELVERYBIEN is a provider of online and mobile subscriptions to access "positive" wellness content. We are not a medical device, we do not provide medical advice. FEELVERYBIEN does not represent or warrant that this will be the case when using our services. All users with serious medical or psychological problems or requiring medical advice should consult their doctor.
All information and links from our health-related services, whether provided by FEELVERYBIEN or by contracted outside providers, are provided solely for your information and convenience.
Any advice or other material available on our services is intended for general information purposes only. They are not intended to serve as a reference or substitute for professional medical advice based on your personal situation. The advice and other materials on the site are intended to assist, not replace, the relationship between you and your health care providers. We cannot be held responsible for any action taken as a result of or after reading or hearing our content or using our services. In particular, to the extent permitted by law, we make no warranty as to the accuracy, completeness or suitability (for any purpose) of any advice and information published as part of our services.
11. Personal data
Personal data collected on the Site is processed in accordance with the amended law of August 2, 2002 on the protection of individuals with regard to the processing of personal data. You have the right to access and rectify your personal data, provided that you have a legitimate interest, and you may, provided that you can justify overriding and legitimate reasons, object to their processing by contacting contact@positivisor.com..
FEELVERYBIEN reserves the right to provide, at the request of any legitimate authority (court, administrative authority, police force), any information enabling or facilitating the identification of the offending member, in the event that the member is responsible for a breach of current legislation or an infringement of the rights of third parties.
For further information, please consult our "Privacy Policy" which is available online and forms an integral part of these Terms.
12. General terms and conditions
12.1. Transfer
Feelverybien may transfer its rights and obligations under these Terms to any company, firm or person at any time so long as it does not materially affect your affected rights. You may not transfer your rights or obligations under these Terms to anyone else, except with Feelverybien's prior written consent.
12.2. Warranties and Indemnities
You agree to defend, indemnify and hold FEELVERYBIEN and its directors, officers, members, investors, officers, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, that may arise in any way from your use of the Services, your posting or transmitting any messages, content, information, software or other communications through our Services, or your violation of any law or these Terms. FEELVERYBIEN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with FEELVERYBIEN's defense of any such claim.
12.3. No Waiver
If we delay in exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure shall not constitute a waiver of that or any other right under these Terms.
12.4. Force majeure
We will not be liable to you for any lack of performance, unavailability or failure of the Services, or for any failure or delay on our part to comply with these Terms, in the event that such lack of performance, unavailability or failure is due to a cause beyond our reasonable control.
12.5. Interpretation
In these Conditions, unless the context otherwise requires: i) a phrase introduced by the words "including", "includes", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and the masculine includes the feminine, and in each case vice versa.
12.6. Written Communications
Applicable law requires that some of the information or communications we send to you be in writing. When you use the Site and its services, you agree that communications with us will be primarily electronic. We will contact you by e-mail or provide you with information by posting notices on the Site about the services. You agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically have the same force and effect as communications made in writing.
12.7. Proof / Archiving of evidence
Computer data generated as a result of access to and/or use of the Site (including, in particular, connection data, histories, operations and other elements on computer or electronic media) (the "Data") may be stored and archived, to the extent permitted by law, by us within our computer system, under conditions that guarantee their integrity.
The Data will be considered as proof of communications between you and us.
The Data constitutes literal proof within the meaning of article 1341 of the French Civil Code and has the same evidential value as a document drawn up, received or kept in writing on paper.
Consequently, the Data may be validly produced as evidence and used against you in any claim or legal action with the same probative force as any document drawn up, received or kept in writing on paper, which you expressly acknowledge.
We undertake not to contest the admissibility, opposability or probative value of the Data by reason of its electronic nature. You undertake to do the same.
You may have access to all the Data upon request by mail or e-mail.
12.8. Severability
If any court or competent authority determines that any provision of these Terms is invalid, illegal or unenforceable to any extent, that provision shall, to that extent only, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
12.9. Entire agreement
These Terms, together with any supplementary terms and any other documents expressly named in these Terms, represent the entire agreement between us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings or agreements between us relating to the subject matter of these Terms. Each of us agrees that our sole remedy with respect to such representations and warranties as set forth in this agreement (whether made inadvertently or negligently) shall be breach of contract. Nothing in this section limits or excludes liability for fraud or theft.
12.10. Applicable law
These Conditions are governed by French law.
Subject to applicable mandatory legal provisions, the French courts shall have exclusive jurisdiction to hear any dispute relating to the interpretation, application and performance of these Conditions, as well as any dispute relating to the use of the Site.
These Terms are effective as of their last update on January 09, 2023.