CGU

CGU

CGU

Terms of Service - CGU
Last updated: September 30, 2024

YOU SHOULD BE AWARE THAT TOQUIO IS NOT A PROVIDER OF MEDICAL ADVICE. BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY, PLEASE CONSULT WITH A LICENSED PROFESSIONAL.

This is an agreement between Toquio SASU, (“Toquio"), the owner and operator of Toquio (collectively, all software and content provided by Toquio through the Toquio application and the Toquio site, www.toquio.fr, known as the "Service"), and you (“you” or “You”), a user of the Service. These Terms of Service form a binding “Contract” between you and us.

1. Your Acceptance

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TOQUIO’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://toquio.fr//privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

As our business evolves, Toquio may change this Contract. If we make a material change to the Contract, we will provide you with reasonable notice prior to the changes by posting a notice here. You can review the most current version of the Contract at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this Contract is not acceptable to you, your only remedy is to deactivate your account and stop using the Service, which you may do by contacting us.

By accessing or using the Service, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this Contract.

2. Toquio Service

This Contract applies to all users of the Toquio Service. Any modifications and new features added to the Service are also subject to this Contract. Toquio reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Toquio.

3. Access and Use of the Service

You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Toquio in its sole discretion). You shall comply with any codes of conduct, policies, limitations, or other notices Toquio provides you or publishes in connection with the Service from time to time. You shall promptly notify Toquio if you learn of a security breach related to the Service.

By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Toquio or any third party;

  • impersonates any person or entity, including any employee or representative of Toquio.

Additionally, you shall not:

  • take any action that imposes or may impose an unreasonable or disproportionately large load on Toquio’s infrastructure;

  • interfere or attempt to interfere with the proper working of the Service;

  • bypass any measures Toquio may use to prevent or restrict access to the Service;

  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Service.

Any software that may be made available by or on behalf of Toquio in connection with the Service, including the Toquio application, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this Contract, Toquio grants you a personal, non-sublicensable, and non-exclusive license to use the object code of any Software solely in connection with the Service.

4. Copyright and DMCA Policy

We take the intellectual property rights of others seriously. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have established a process to address claims of copyright infringement. If you own a copyright or have authority to act on behalf of a copyright owner and wish to report a claim that a third party is infringing that material on the Service, please send written notice to our copyright agent.

5. App Stores

If you download our mobile application ("App") from a third-party app store ("App Provider"), such as the Apple App Store or Google Play, you acknowledge and agree to the following:

  • These Terms are an agreement between us, and not with the App Provider, and we are solely responsible for our App and Service.

  • The App Provider has no obligation whatsoever to furnish any maintenance and support services with respect to our App.

  • The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App.

  • In the event of any third-party claim that the App or your possession or use of the App infringes another party's intellectual property rights, we will be responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.

  • You must also comply with all applicable third-party terms of service when using the App.


6. Intellectual Property Rights

The design of the Service, the contents of the Service, including but not limited to text, graphics, images, advice, recommendations ("Contents"), the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Toquio, subject to copyright and other intellectual property rights under French and international laws and conventions. The Service is provided to you "AS IS" for your information and personal use only. Toquio reserves all rights not expressly granted in and to the Service.

7. No Medical Advice

The Contents within the Service are provided for your information only. These Contents do not constitute professional medical advice, diagnoses, or treatment, and you should not rely on them as such. Your decision to rely on any information you obtain in connection with your use of the Service is at your sole discretion and risk. If you think you may be experiencing a medical emergency, call emergency services or your healthcare provider immediately.

8. Consent to Receive Communication

As part of the Service, you may receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Service. By disclosing this contact information or otherwise sending electronic communications through the Service, you acknowledge and agree that we may send you communications through registered mail, email, and other electronic communications, SMS messages, voice calls, or otherwise. As part of using the Service, you agree to receive all agreements, notices, disclosures, and other communications that we provide to you in electronic form.