Terms of Service
Introduction:
Birth in France is a Video-On-Demand platform edited by Surfing Horse Productions. It provides educational videos on pregnancy, pain management, birthing, post-partum care, and breastfeeding. It is designed to empower individuals with knowledge and methods to navigate the journey of parenthood confidently. Please note that Birth in France does not provide medical advice or constitute medical care. Instead, it offers educational content akin to a book, aimed at enriching your understanding and providing practical insights.
These Terms of Service (hereinafter referred to as "ToS") govern your use of the Birth in France website, mobile application, and related services (collectively referred to as the "Platform"). By accessing or using the Platform, you agree to abide by these ToS and any additional terms and conditions that may apply to specific features or services offered on the Platform.
These ToS establish a legally binding agreement between you and Birth in France. References to "you" and "your" herein refer to individual consumers accessing the Platform for personal use.
Definitions:
- Platform: Refers to the Birth in France Video-On-Demand platform edited by Surfing Horse Productions, including its website, mobile application, and related services.
- User: Any individual accessing or using the Platform for personal use, including registered subscribers and visitors.
- Content: Any educational materials provided on the Platform, including but not limited to videos, texts, books, publications, logos, and infographics.
- Subscription: The arrangement by which users gain access to the Content and premium features on the Platform, typically through payment of a fee.
User Registration - Unauthorized Use of Account:
To access certain features and content on the Birth in France platform, users are required to complete the registration process. During registration, users will be prompted to provide minimal personal information, including but not limited to their email address, password, and any additional details as required by the registration form. This minimal personal information is collected to comply with legal and tax obligations as outlined in our data policy.
Upon successful registration, users will create an account and gain access to the Platform's content.
Users are entrusted with maintaining the confidentiality of their account information, including their username, password, and any other credentials used to access the Platform. Account sharing with other individuals is strictly prohibited. Each user account is intended for personal use only, and sharing access with others is a violation of these Terms of Service. Any unauthorized use of an account, including but not limited to sharing credentials with others, may result in immediate termination of the account without prior notice and without any reimbursement of subscription fees.
The content of the platform is intended for consumers (meaning physical persons acting outside of any professional activity) only. Legal entities, or any person acting for a legal entity, are not allowed to create an account on the Platform, unless explicitly authorized by Surfing Horse Productions through a specific commercial agreement. Unauthorized use of the Platform by legal entities or their employees may result in immediate termination of the account without prior notice and without any reimbursement of subscription fees.
Content Usage:
The videos provided on the Birth in France platform are the intellectual property of Surfing Horse Productions. All rights to the videos, including but not limited to copyright, remain with Surfing Horse Productions. Users are granted a limited, non-exclusive, and non-transferable license to access and view the videos solely for personal, educational use.
Any unauthorized distribution, reproduction, or modification of the videos is strictly prohibited. Users may not copy, download, distribute, transmit, modify, or create derivative works based on the videos without prior written consent from Surfing Horse Productions.
Violation of these terms may result in the termination of the user's account and may subject the user to legal consequences.
Payment and Subscription:
Users can gain access to the content on the platform by purchasing access for one year. Upon payment of a fixed amount, the subscription fee, users will be granted access to the content for a period of one year, date to date.
Accepted payment methods include but are not limited to credit cards, and are detailed in the checkout interface provided by our payment processor, Paypal.
We offer a 7-day money-back guarantee for users who are not satisfied with their access plan. No reasons need to be given for requesting a refund. However, users should note that the guarantee is valid only if they have watched less than 2 hours of content, as measured by the platform. Any refund requests made after surpassing this limit will not be eligible for reimbursement.
Giftcards:
Giftcards can be purchased on the Birth in France platform and gifted to others. The buyer of the giftcard will receive a gift certificate, that contains a unique code that can be redeemed for a subscription to the platform. Giftcards are valid for a specified period, typically one year from the activation date, and can be redeemed by the recipient during the validity period.
Giftcards are non-refundable and cannot be exchanged for cash.
Giftcards buyers are not entitled to a money-back guarantee, as the giftcard recipient will be the one using the subscription.
Liability and Disclaimers:
Content Disclaimer:
The content provided on the platform is for informational purposes only and is not intended to constitute medical advice or medical care. It is not a substitute for professional medical advice, diagnosis, or treatment. Users are advised to consult with qualified healthcare professionals regarding any medical concerns or conditions, including pregnancy and childbirth. The content on the platform cannot replace regular pregnancy follow-up by medical professionals nor serve as the basis for non-mediated home birth. It is equivalent to that of a book, offering general educational information, and no personalized advice or recommendations are provided.
Limitation of Liability:
Surfing Horse Productions and its affiliates shall not be liable for any damages arising from the use of the platform, except those not capable of being excluded by law. Surfing Horse Productions is not liable for any damages resulting from the use or misuse of the content provided on the platform. Users are advised that medical decisions should be made in consultation with qualified medical professionals and not solely based on the content provided on the platform. In the event of the inability to use the platform, liability is limited to the amount of the subscription fee paid by the user, provided that such inability is caused by the platform beyond best effort to provide service.
Disclaimer of Warranties:
The content provided on the Birth in France platform is provided "as is" and "as available" without any warranties of any kind beyond allegations expressly stated on the platform. Birth in France makes no representations or warranties regarding the availability of the content beyond best effort to provide service. In the event that the availability of the content cannot be assured by the platform, partial or full reimbursement may be considered beyond best effort to provide service.
Indemnification:
By using the Birth in France platform, users agree to indemnify and hold harmless Birth in France and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising out of or in connection with their use of the platform or any violation of these Terms of Service, to the extent permitted by applicable law.
Governing Law and Dispute Resolution:
Choice of Law and Jurisdiction:
This agreement shall be governed by and construed in accordance with French law. Any disputes arising out of or in connection with this agreement shall be brought exclusively to the jurisdiction of the "Tribunal de Commerce de Grenoble", unless otherwise legally prescribed.
Dispute Resolution Process:
Surfing Horse Productions is committed to resolving disputes amicably. Users are encouraged to communicate their concerns and demands.
Miscellaneous:
Severability Clause:
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement Clause:
These Terms of Service constitute the entire agreement between the user and the platform and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the subject matter hereof.
Data Policy
Introduction:
At Birth in France, we adhere to the philosophy that "less data is better." We prioritize your privacy by focusing on collecting only the least data necessary for legal and tax compliance, as well as technical necessities to enable content delivery. This Data Policy outlines our approach to data privacy and protection, as well as our commitment to safeguarding your data.
Types of Data Collected:
- Personal information such as name and address of residence, collected upon registration for legal and tax purposes.
- Email address, collected to facilitate communication of essential information such as invoices or for password reset procedures.
- Usage data, including video access statistics, collected during the use of the platform to provide streamlined navigation and help users keep track of watched videos.
We do not collect any medical data.
Purpose of Data Collection:
The data we collect is used for purposes such as improving user experience and fulfilling legal obligations. Specifically, personal information is collected for legal and tax compliance, while usage data helps enhance navigation on the platform.
Data (not) Sharing:
We never share, sell, or rent your data with anyone, except with legal authorities as required by law.
Data Security:
Measures Taken to Protect User Data:
At Birth in France, safeguarding your data is our top priority. We employ state-of-the-art encryption techniques and robust security protocols to protect your data from unauthorized access, disclosure, alteration, or destruction. Our team is dedicated to continuously monitoring and updating our security measures to ensure the highest level of protection for your information.
Compliance with Industry Standards:
We adhere strictly to industry standards and regulations regarding data security. Our data security practices are in line with the latest guidelines set forth by regulatory authorities to maintain the confidentiality and integrity of user data. By staying abreast of evolving security protocols, we strive to provide you with a secure and trustworthy platform experience.
User Rights:
Rights Regarding Personal Data:
As a user of Birth in France, you have certain rights regarding your personal data. These include the rights to access, rectify, delete, and object to the processing of your data.
Process for Exercising Rights:
To exercise your rights regarding your personal data, please contact our customer support team or utilize the account settings provided on the platform. We are committed to promptly addressing any requests related to your data and ensuring your rights are upheld.
Cookies and Tracking Technologies:
Use of Cookies:
Birth in France uses cookies for technical purposes, specifically for session management to facilitate user login. These cookies do not contain any personal data and are solely used for the functionality of the platform.
Tracking Technologies:
We do not track any personal data on Birth in France. The only system in place is for technical analysis of how the platform is performing to ensure the best possible user experience.
Updates to the Policy:
Notice of Changes:
This data policy may be updated periodically to reflect changes in our data practices or legal requirements. Any updates to the policy will be communicated to users through the platform or via email.
Agreement to Updated Policy:
By continuing to use the platform after the effective date of the updated policy, you acknowledge and agree to the revised terms of the data policy.
Contact Information:
For inquiries or concerns regarding the data policy or your personal data, please contact us at:
Surfing Horse Productions
Our customer support team is available to assist you with any questions or issues you may have regarding your data privacy.
Legal Compliance:
Assurance of Compliance:
At Birth in France, we are committed to ensuring compliance with relevant data protection laws and regulations, including but not limited to GDPR (General Data Protection Regulation) and CCPA (California Consumer Privacy Act). We strive to uphold the highest standards of data privacy and security in accordance with applicable legal requirements.
Conclusion:
By using Birth in France, you acknowledge that you have read and understood this Data Policy and consent to the collection, use, and sharing of your data as described herein.
We appreciate your trust in Birth in France and are committed to protecting your privacy and data security. Thank you for choosing Birth in France!
