This translation is provided for information purposes only. In the event of any discrepancy between the French text and this translation, the French version shall prevail.
Publication date: 2021/07/21
Date of entry into force: 2021/07/21
This agreement consists of these terms and conditions of use (the "Terms") governing your use and access to our services, client software and websites (the "Services").
Feeltr © is a registered trademark, representing the Internet connection filtering software, named Feeltr.
FEELTR © is managed by SIMPLE GROUP SA, a company with a capital of 177.800 Euro, registered under the VAT number BE 0715800612, legal address: 48 rue des Martyrs, 4800 Verviers - Belgium.
For more information, please visit the website of Simple Group: http://the-happiness-at-work.com
The distribution of FEELTR is carried out by AVANGATE BV dba 2CHECKOUT, located at De Cuserstraat 93. 1081CN Amsterdam, The Netherlands, telephone: + 31 20 890 80 80.
EITHER BY ACCEPTING THIS AGREEMENT, EITHER BY MARKING A BLOCKET WITH ACCEPTANCE, OR BY SIGNING A PURCHASE OR ORDER FORM WITH REFERENCE TO THIS AGREEMENT, EITHER BY CLICKING ON A BUTTON SIGNIFYING THE VALIDATION OF THIS CONTRACT DURING YOUR FIRST CONNECTION TO FEELTR, OR BY CLICKING ON THE BUTTON OF ACCEPTANCE OF THIS CONTRACT BEFORE THE OPERATION OF SUBSCRIPTION TO THE FEELTR SERVICE, YOU ACCEPT THE PROVISIONS OF THIS CONTRACT.
IF YOU CONCLUDE THIS AGREEMENT IN THE NAME AND ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES IN ACCORDANCE WITH THESE PROVISIONS, IN WHICH CASE THE TERM "YOU" SHALL MEAN SUCH ENTITY AND ITS AFFILIATES.
IF YOU DO NOT PROVIDE THIS APPLICATION, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO USE THE SERVICES OF THE FEELTR APPLICATION.
YOU ARE NOT AUTHORIZED TO ACCEPT FEELTR IF YOU ARE A DIRECT COMPETITOR, EXCEPT WITH THE PREVIOUS CONSENT OF SIMPLE GROUP SA. FURTHERMORE, YOU ARE NOT AUTHORIZED TO ACCESS FEELTR FOR THE PURPOSE OF MONITORING ITS AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER COMPARATIVE OR COMPETITIVE PURPOSE.
Your use of our Services must be in accordance with our Acceptable Use Policy.
Help us protect your Data. To do this, protect your password to access the Services and keep your account information up to date. Do not share your account credentials or grant access to your account to other users.
You may only use our Services in accordance with applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years of age (or older depending on your country of residence).
You must agree not to misuse the FEELTR services (hereinafter the "Services") or to help a third party to do so. For example, you must not take or attempt to take any of the following actions in connection with the Services:- scan or test the vulnerability of any system or network ;
Some of our Services allow you to download the client software (the "Software"), which may be automatically updated. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Software for the sole purpose of enabling you to access the Services. To the extent that certain components of the Software may be offered under an open source license, we will make such license available to you and the terms of such license may expressly supersede certain of these Terms. Except to the extent that the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, or attempt to do so, or assist anyone else to do so.
We sometimes release products and features that are still being tested and evaluated ("Beta Services"). The Beta Services are identified by the terms "alpha" "beta", "preview", "preview access" or "evaluation" (or by other terms or expressions with similar meaning) and may not be as reliable as other FEELTR Services. The Beta Services are made available so that we can obtain feedback from users, and by using our Beta Services you agree that we may contact you to obtain such feedback.
The Beta Services are confidential until the official launch date. If you use the Beta Services, you agree not to disclose any information about the Beta Services to any other person without our permission.
The Services are protected by copyright and trademark law. These Terms do not grant you any right, title or interest in or to the Services, content owned by others on the Services, trademarks, logos and other FEELTR brand features.
You can add paid features to your account (your account then becomes a "Paid Account"). You are billed automatically from the date of switching to a Paid Account and at each periodic renewal until cancellation. If you subscribe to an annual plan, we will send you a reminder email informing you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, which we will charge you when required. Some countries have mandatory local laws regarding termination rights, which override the provisions of this paragraph.
You may terminate your FEELTR Paid Account at any time. Refunds are only granted when required by law. For example, users residing in the European Union have the right to cancel their Paying Account within 14 days from the date of creation, subscription or renewal of their Paying Account.
We may change our current rates, but we will notify you in advance by sending a message to the email address associated with your Account.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with prior notice if:(a) you do not comply with these Terms ;
We will give you reasonable notice in advance to the email address associated with your account to allow you to correct the situation that prompted us to contact you and we will give you the opportunity to export your Data from our Services. If, after receiving this notification, you do not take the requested action, we will suspend or terminate your access to the Services.
You will not receive notification before termination if:(a) you commit a material breach of these Terms;
We may decide to interrupt the Services in the event of unexpected circumstances beyond our control or to comply with a legal obligation.
We make every effort to provide quality Services, but we cannot offer certain guarantees. TO THE EXTENT PERMITTED BY LAW, FEELTR AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SERVICES OFFERED. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ALL LIABILITY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The disclaimer of warranties in this paragraph is not permitted in some places, so it may not apply to you.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU IN CASES PROHIBITED BY LAW, INCLUDING ANY LIABILITY RELATING TO FRAUD OR FALSE STATEMENT MADE BY FEELTR OR ITS AFFILIATES IN THE PROVISION OF SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT PERMITTED, WE WILL BE LIABLE TO YOU ONLY FOR LOSS OR DAMAGE THAT IS A REASONABLY FORESEEABLE CONSEQUENCE OF OUR FAILURE TO EXERCISE REASONABLE CARE AND SKILL, OR OUR FAILURE TO PERFORM OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT ANY CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT OR AGREEMENT.
IN COUNTRIES IN WHICH EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE APPROPRIATE, FEELTR AND ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS DISCLAIM ALL LIABILITY RELATING TO :
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR
ii. DEPRIVATION OF USE, LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF PROFIT, REGARDLESS OF THE LEGAL BASIS.
THESE EXCLUSIONS OR RESTRICTIONS APPLY WHETHER FEELTR OR ITS AFFILIATED COMPANIES HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR PROFESSIONAL, COMMERCIAL OR RESALE PURPOSES, FEELTR AND ITS AFFILIATED COMPANIES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES. FEELTR AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT OF USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
OUT OF THE TYPES OF LIABILITIES WHICH WE CANNOT LEGALLY LIMIT (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE HIGHEST OF THE FOLLOWING TWO SUBJECTS: 15 € OR THE FULL AMOUNT YOU PAID FOR YOUR CURRENT FEELTR PACKAGE.
Let's first try to solve the problem together. We want to address your concerns without having to resort to formal legal proceedings. Before filing a complaint against FEELTR, you agree to try to resolve the dispute informally by contacting "keepcoolwithfeeltr(at)simpl.team". We will try to resolve the dispute informally by contacting you by e-mail. If a dispute is not resolved within 15 days of its submission, either you or FEELTR may initiate formal proceedings.
JURISDICTIONS COMPETENT IN CASE OF DISPUTES. You and FEELTR agree that any legal proceedings concerning a claim relating to these Terms or the Services will be brought before the courts of the province of Liège in Belgium, subject to the binding arbitration provisions set out below. You and FEELTR agree to submit to the jurisdiction of such courts. If you reside in a country (for example, a member country of the European Union) whose legislation allows consumers to bring disputes before their local courts, this paragraph has no effect on these provisions.
NO GROUP ACTIONS. You may only resolve disputes with us on an individual basis and may not file a claim as a plaintiff or class member in a class, consolidated or representative action. Class arbitrations, class actions, attorney general actions, and consolidations with any other type of arbitration are not permitted.
These Terms and Conditions are governed by the laws of BELGIAN.
These Terms constitute the entire agreement between you and FEELTR relating to the subject matter of the Terms, and supersede any prior or contemporaneous agreements or terms applicable to the subject matter of these Terms. These Terms do not create any beneficial rights for third parties.
If FEELTR does not enforce a provision, this does not constitute a waiver of its right to enforce it at a later date. If a provision proves to be unenforceable, the remaining provisions of the Terms will remain in force, and an enforceable provision reflecting our best intention will be substituted for it. You may not assign any of the rights granted to you by these Terms, and any such attempt to do so will be considered null and void. FEELTR may assign its rights to any of its affiliates or subsidiaries, or any successor in interest in any business associated with the Services.
We may revise these Terms to better reflect :(a) legislative amendments ;
If you do not agree to our updates, please terminate your account before their effective date. In such a case, we will offer you a pro-rated refund based on the amount you prepaid for the Services and the date your account is closed. By continuing to access or use the Services after the effective date of the changes, you agree to be bound by the updated Terms.