Terms and conditions of use
of Newday Care services –
European Economic Area

Welcome to Newday Care! NEW DAY (hereinafter “Newday Care” or “we”) provides you with its website at www.newday.care (hereinafter the “Site”), its web and mobile application for computer or tablet or phone (hereinafter the “Applications”), its relaxation and personal development services accessible via the Site and the Applications (hereinafter, together, the “Services”), as well as products and programs that can be purchased through the Services (hereinafter the “Products”). Please read these Terms of Use for the Newday Care Services – European Economic Area (hereinafter the “EEA”) (hereinafter the “Terms of Use”) carefully as they govern your purchase and use of the Services and Products. These Terms of Use are applicable to users located within the EEA, Switzerland and the United Kingdom. For NEW DAY’s contact details and any other information about NEW DAY as a company, please see the “Contact Us” section on the last page of these Terms of Use. If you have any questions about our Site, the publication of the Services or any other matter relating to the Services, please visit https://www.newday.care/contact or contact us by email as set out in the “Contact Us” section.

Scope of the Terms of Use

These Terms of Use apply to your use of the App and all other Products and Services, including any content made available on them. Any additional or different terms that you agree to in relation to any of our Services or Products will form part of your agreement with us. The legal relationship between NEW DAY and the user regarding the use of the Services and Products is subject exclusively to these Terms of Use and any additional terms. In the event of any inconsistency between these Terms of Use and any additional terms, the latter shall prevail. Any terms that conflict with all of these terms, whether provided by you or any other user, shall not apply, even if we do not dispute them. If you do not wish to be bound by these Terms of Use, you may not use the Services or Products.

Data Protection Policy

Please visit our https://www.newday.care/intimité for information on how we collect, use and disclose data about you.

Changes to the Terms of Use

We may change the Terms of Use at any time for valid reasons such as, for example, to reflect changes to our Services or business terms (e.g., if new features or benefits are added to the Services, or if certain features of certain Services are removed) or for legal, regulatory or security reasons. These changes will be effective for the future only. We will notify you in advance of any such changes, for example, by email or through the Services, and by posting the amended Terms of Use on the Site by updating the “Last Updated Date” above. If we make any changes to these Terms of Use, those changes will be effective for the future and, unless otherwise specified in our notice, the amended Terms of Use will take effect immediately. It is important that you review the Terms of Service whenever we change them because if you continue to use the Services or Products after we have notified you of such changes or otherwise asked you to accept them, you are indicating to us that you agree to be bound by the terms of the changed Terms of Service. You may reject any such change at any time by discontinuing your use of the Services and you may cancel any Subscription you have at any time as set out in the “Termination” section. If you cancel your Subscription on the grounds that you refuse to accept a material change to these Terms of Use which would be unreasonably disadvantageous to you or would materially alter the contractual balance between the parties, including changes to the essential features of the Services, you will be entitled to a pro rata refund of the unused portion of your Subscription so terminated.

Modification and discontinuation of our Services and Products

Subject to the terms of this section, we may modify or discontinue all or part of the Services or Products at any time. The terms of these Terms of Use do not affect any rights or remedies available to you under the laws of your country. In the event that any modification or interruption would be unreasonably detrimental to you or would materially alter the contractual balance between the parties, including changes to the essential features of the Services, you may object by terminating your Subscription. If you terminate your Subscription on these grounds, you are entitled to a pro rata refund of the unused portion of your Subscription so terminated. Except for refunds granted in accordance with these Terms of Use, we will not be liable for any loss or damage in connection with your inability to access or use our Services and Products. If you have purchased a Lifetime Membership, we will endeavour to notify you of the termination of any Services or Products with a minimum of thirty (30) days notice.

Who can use the Services or Products?

Eligibility

You may use the Services or Products only if you are at least 12 years old and not prohibited by applicable law from doing so. If you are under 18 years of age (or below the age of majority under the laws of the country in which you reside), you may use our Services or Products only under the control of a parent or legal guardian who agrees to be bound by these Terms of Use. Any parent or legal guardian of a user under the age of 18 (or below the legal age of majority) who has read these Terms of Use in accordance with the preceding sentence acknowledges that he or she is solely responsible for the acts or omissions of the user in connection with our Services and Products. If you are using our Services or Products on behalf of any other person or entity (a) all references to “you” in these Terms of Use shall include that person or entity, (b) you represent that you are authorized to accept these Terms of Use on behalf of that person or entity, and (c) if you or that person or entity breaches any of the terms of these Terms of Use, you and that person or entity agree that you are jointly and severally liable for such breach. To make a purchase through the Services (as set out in the section below entitled “Purchases”), you must be at least 18 years of age and be able to form a binding contract. Some Services may not be available in certain countries, and we reserve the right to impose additional eligibility requirements, which will be indicated before you accept such requirements.

Account creation and security measures

If you wish to use all of the Services or certain Products, including if you wish to take out a subscription, you are required to create an account (hereinafter an “Account”). You can create your Account via the Application, with your email address, or your mobile phone number, or your Google account. If you choose to create your Account through your Google Account, we will create the Account by extracting certain personal data such as your name and email address from the relevant open account. If you create an Account through the Application or the Site, you are required to provide us with accurate, complete and current information and to update such information promptly as necessary to keep it accurate, complete and current. Failure to do so may result in us suspending or closing your Account. You will maintain the security of your Account, and you will not disclose your Account to any third party. If you discover or suspect any unauthorised use of your Account, you must notify us immediately. We reserve the right to retrieve usernames, including on behalf of companies or individuals who own rights, including intellectual property rights, in such usernames.

Purchasing

Pricing of Subscriptions and Products

Newday Care offers certain enhanced features of the Services that you can access (a) by taking out a monthly or annual subscription (hereinafter an “Individual Subscription”); or (b) through a partnership between NEW DAY and your company (hereinafter a “Company Subscription”). A description of the features of Individual Subscriptions and Corporate Subscriptions is available via the Services. In the case of Corporate Subscriptions, your ability to access and use the Services may be subject to additional terms between you and your company. When you purchase an Individual Subscription or Product (each, a “Transaction”), we may ask you to provide additional information necessary to complete your Transaction, such as your credit card number, expiration date and billing address(es) (together, “Payment Information”). You represent and warrant that you are legally authorized to use all of the payment methods set forth in the Payment Information. You will be notified of the amounts you owe in respect of any Transaction made through the Services prior to placing your order. If you choose to complete a Transaction through the Services, you authorize us to share your Payment Information with third party service providers to enable us to complete your Transaction and (x) you agree to pay all applicable amounts and taxes as specified at the time of purchase; (y) you acknowledge that NEW DAY shall be entitled to charge your credit card or any third party payment processing account, including, without limitation, your account with the app shop or distribution platform (such as the Apple App Store or Google Play Store) on which the Application is offered (each, an “Application Provider”); and (z) you agree to bear any additional charges that your Application Provider, your bank or other financial service provider may impose on you. Your order is not binding on NEW DAY until accepted and confirmed by NEW DAY. Payments made are non-refundable and non-transferable unless expressly stated in these Terms of Use. If you encounter any difficulty or have any objections regarding these charges, please notify us in the first instance and do not waive or reject any credit card or third party payment processing charges without reasonably attempting to resolve the matter directly with NEW DAY. NEW DAY reserves the right not to process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect that the application or order is fraudulent, or in other circumstances that NEW DAY deems appropriate in its sole discretion. NEW DAY also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order in accordance with the requirements of applicable data protection legislation. You may be asked to provide additional information to verify your identity prior to the completion of your Transaction (which information is included in the definition of “Payment Information”). NEW DAY will not charge or refund you for orders that it has cancelled or not processed. When you access our Services as part of a Corporate Subscription purchased by your company, you agree to follow the instructions provided by your company in accordance with the terms of its agreement with NEW DAY. In this case, these Terms of Use will also constitute a direct contract between you and NEW DAY.

Automatic renewal of your Individual Membership until you cancel and how to cancel your Individual Membership

The timing of your payment and automatic renewal of your Individual Membership will depend on the duration of your Individual Membership and is subject to the cancellation rights set out in these Terms of Use.

For monthly or annual Individual Subscriptions, which are automatically renewed for an additional subscription period equal to the expiring subscription period until you cancel your subscription, all amounts are payable (a) at the beginning of the subscription period and (b) at each renewal until you cancel your subscription, using the Payment Information you have provided. You must cancel your monthly or annual Individual Subscription prior to its renewal to avoid being charged for the next Individual Subscription period. You may cancel the renewal of your Individual Subscription at any time in the Application, by going to the “Settings” section and clicking on the “Close Account” button, or by contacting us by email at contact@newday.care. If you purchase your Individual Subscription through an Application Provider, you may cancel the renewal of your Individual Subscription at any time with the Application Provider or by going to the “Settings” section of the Application and clicking on the “Close Account” button. Where you make a purchase through an Application Provider, the terms of sale of that provider will apply to purchases made and these Terms of Use will apply to your use of the Services. If you purchased a subscription using a promotional code, discount code or other type of discount, your subscription will automatically renew at the rate in effect at the end of the period during which you received a discounted rate, unless another promotional offer applies to you. Unless expressly stated in these Terms of Use, any amounts you have already paid for your current Individual Subscription will not be refunded and you will continue to enjoy the Services until the end of the current Individual Subscription period.

Apple handles all billing related to in-app purchases made on iOS devices. Customers who have subscribed to Newday Care via the AppStore will need to contact Apple directly for any refund requests. They are generally able to honour all refund requests within thirty (30) days of the original purchase date (at their sole discretion). For further information, please contact Apple directly.

Free trial periods

Your Subscription may start with a free trial period (hereinafter a “Free Trial Period”).
a “Free Trial Period”). If we offer you a Free Trial Period, the specific terms of that trial will be set out in the marketing materials describing that particular trial or at the time of your registration. Free Trial Periods are for new and existing customers only. NEW DAY reserves the right, in its sole discretion, to determine whether you qualify for a Free Trial Period and to change or cancel the terms and conditions of its Free Trial Periods at any time (for the future and for new Free Trial Periods only). AT THE END OF YOUR FREE TRIAL PERIOD, WE (OR OUR THIRD PARTY PAYMENT PROVIDER) WILL BEGIN CHARGING YOUR DESIGNATED PAYMENT METHOD PERIODICALLY AS PART OF YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES SPECIFIED AT THE TIME OF PURCHASE) FOR THE DURATION OF YOUR SUBSCRIPTION, UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR FREE TRIAL PERIOD. If you have signed up for your Free Trial Period via the Site, you may cancel it at any time by visiting https://www.newdaycare.app and logging into your Newday Care account. If you have signed up for a Free Trial Period via an Application Provider, you may cancel the renewal of your Individual Subscription at any time with the Application Provider. Your Free Trial Period does not limit any rights you may have within the scope of your statutory right of withdrawal.

Right of withdrawal

If you subscribe to an Individual Subscription, you have the right to withdraw, without any reason, within fourteen (14) days from the date on which you signed up for the relevant Services (hereinafter the “Withdrawal Period”). If you sign up for a Free Trial Period, the Withdrawal Period ends fourteen (14) days after the Free Trial Period begins. If you purchase an Individual Subscription without a Free Trial Period, the Withdrawal Period is fourteen (14) days from your purchase.

If you wish to exercise this right of withdrawal, you must inform us of your decision to withdraw by cancelling your Individual Subscription directly in the Application or by sending us an express written request to the postal address NEW DAY, 31 rue Soeur Bouvier, 69005 LYON, FRANCE or to the e-mail address contact@newday.care. This communication must be sent before the end of the Withdrawal Period. You may use the standard cancellation form provided below, which is not obligatory. If you exercise your right of withdrawal, we will refund all sums paid by you to us within fourteen (14) days of the date on which we receive notification of your withdrawal, provided that the amount of the refund may be reduced by a pro rata amount corresponding to the part of the Services already provided at the time you notify us of the exercise of your right of withdrawal. We will make this refund using the same method of payment that you used to complete the original transaction, unless you have expressly agreed otherwise. In addition, you will not be charged for this refund.

Withdrawal form

(If you wish to withdraw, please complete and return the form below).

For the attention of NEW DAY, 31 rue Soeur Bouvier, 69005 LYON, FRANCE, contact@newday.care :
I/we, the undersigned (*), hereby wish to exercise my/our right of withdrawal (*), in relation to the purchase of the products (*)/provision of the services (*) below
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date

(*) Delete/remove as appropriate.

Changes to the pricing conditions of Individual Subscriptions and Products

NEW DAY may make price adjustments applicable to current contracts/Services on the basis of these Terms of Use, at its sole discretion, in accordance with the evolution of costs that are essential for the calculation of prices. Any price increase or decrease will be applicable to any new Subscription renewal period. If you do not agree with the tariff, you may terminate your Subscription before the start of the new renewal period. A price increase or decrease will be considered, for example, in the event of an increase or decrease in the purchase price of hardware, software and energy, the use of communication networks or labour, or in the event of other changes in the economic or legal framework giving rise to a change in the price situation. NEW DAY undertakes to inform you of any changes in tariffs in writing with a minimum of thirty (30) days’ notice before the changes take effect. Prices for new contracts for Services and prices for Products may be changed at any time at NEW DAY’s sole discretion.

Future Features

You acknowledge that you are not making a purchase contingent upon the provision of any future features, content or functionality, or upon any public statements, oral or written, made by NEW DAY regarding any future features or functionality.

Comments and suggestions

We welcome your comments, observations, questions and ideas about NEW DAY, the Services or the Products, as well as any suggestions for improving the Services or the Products (collectively, the “Comments”). You may send your Feedback to us by email at contact@newday.care. You acknowledge that any Feedback you submit to us is voluntary, gratuitous and unrestricted and will not subject NEW DAY to any obligation to you or any third party. You grant us a royalty-free, non-exclusive, irrevocable, transferable and sub-licensable license, worldwide and for the statutory term of any intellectual property rights in your possession or control, to use, copy modify and otherwise exploit the Comments or create derivative works therefrom for any purpose whatsoever, commercial or otherwise, without compensation to you, including, without limitation, developing, copying, publishing or improving the Comments in NEW DAY’s sole discretion. You acknowledge that NEW DAY may treat the Comments as non-confidential. NEW DAY does not waive any right to use similar or related ideas of which it was previously aware, which were developed by its contributors or which were obtained from other sources.

Content and Rights in Content

For purposes of these Terms of Use (a) “Content” means any textual or graphical material, images, photographs, music, software, sound, video, works of authorship of any kind, and any information or other material published, generated, provided or otherwise made available through the Services and Products; and (b) “User Content” means any Content provided by users (including you) to be accessible through the Services and Products. Content includes, without limitation, User Content.

Proprietary Rights in Content

Except for the license granted by you below, NEW DAY does not claim any ownership rights in any User Content, and the terms of these Terms of Use shall not be deemed to limit any compulsory rights you may have to use and exploit your User Content. Subject to the foregoing, all right and title to the Services, Products and Content belong exclusively to NEW DAY and its licensors, including all intellectual property rights therein. You acknowledge that the Services, the Products and the Content are protected by copyright, trademark and other laws in force in FRANCE (or governed by the Institut National de la Propriété Intellectuelle) or abroad. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights accompanying or contained in the Services, Products or Content.

Rights You Grant in User Content

By making any User Content available through the Services and Products, you hereby grant NEW DAY a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, fully-paid license to use, publish, translate, reproduce, adapt, copy, modify, publicly perform or display, and distribute your User Content, or create derivative works from your User Content, through the Services. When you post or otherwise distribute User Content on or through our Services, you acknowledge that your User Content and any associated information (for example, your username or profile picture) may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms of Use, does not infringe any other rights of, or cause injury to, any person or entity.

Rights in the Content Granted by NEW DAY

Subject to these Terms of Use, NEW DAY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely in connection with your authorized use of the Services and Products and solely for your personal, non-commercial purposes. Any use of the Services and Products other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will constitute a violation of our intellectual property rights.

Complaints and legal action

We have adopted a policy of removing accounts of users who repeatedly infringe the rights of others. If you believe that any material on our Services infringes any right in your possession or control or the rights of any third party (e.g., infringement, profanity, invasion of privacy) or if you discover that any User Content advocates crimes against humanity, incites racial hatred and/or violence, or is child pornography, please notify NEW DAY immediately as follows

To: NEW DAY Legal Department

Address: 31 rue Soeur Bouvier, 69005 LYON, FRANCE

Email address: contact@newday.care

When you send us a notification, you must indicate the date of the notification. If you are an individual, you must also provide your full name, email address and nationality, a description of the content reported and its exact location (e.g., the URL link to the challenged content), and the reasons why the content should be removed. In addition, if you are a resident of the United Kingdom, you should provide your occupation, home address, date and place of birth, and a copy of the letter sent to the author or publisher of the challenged information or activity requesting its removal, deletion or amendment, or the reason why the author or publisher could not be contacted. We may not be able to process incomplete notifications.

WARNING FOR FRENCH USERS: Under French law, reporting content or activity as unlawful in order to obtain its removal by providing false or inaccurate information is punishable by up to one year’s imprisonment and a fine of 15,000 Euros.

Application rights and conditions

Rights in the Application granted by NEW DAY

Subject to your compliance with these Terms of Use, NEW DAY grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to download and install one copy of the Application on a mobile device or computer in your possession or control, and to use that copy of the Application solely for your personal, non-commercial use. NEW DAY reserves all rights in the Application not expressly granted to you under these Terms of Use. You may not copy the Application except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms of Use, you may not: (a) copy, modify or create derivative works from the Application; (b) distribute, transfer, sublicense, rent or loan the Application to any third party; (c) reverse engineer, decompile or disassemble the Application except to the limited extent expressly permitted by law (if any); or (d) make the functionality of the Application available to multiple users by any means.

Additional Terms for Apps Purchased from the App Store

If you have accessed or downloaded the Application from the Apple Store, you agree to use the Application only: (a) on an Apple-branded product or device running iOS (the operating system owned by Apple); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Use. If you have accessed or downloaded the Application from an Application Provider, you acknowledge and agree that :

these Terms of Use are between you and NEW DAY, not the Application Provider, and that, as between NEW DAY and the Application Provider, Calm is solely responsible for the Application.
the Application Provider is not obliged to provide support and technical assistance services relating to the Application.
in the event of any failure of the Application to comply with any applicable warranty, you may notify the Application Provider who will refund the purchase price of the Application (if any) and, to the fullest extent permitted by applicable law, the Application Provider shall have no further warranty obligations with respect to the Application. NEW DAY shall be solely responsible for any other claim, loss, liability, cost or expense attributable to any failure of an Application to comply with any warranty.
it is not the responsibility of the application provider to respond to any claim you may have or any claim made by a third party relating to the application or your possession and use of it, including, without limitation, (i) any product liability claim, (ii) any claim that the application does not comply with any applicable legal or regulatory requirement, or (iii) any claim under consumer protection or similar legislation.
in the event of any claim or action by a third party that the Application or your possession and use of the Application infringes its intellectual property rights, NEW DAY shall be solely responsible for the investigation, defense, settlement and disposition of any such intellectual property rights infringement claim to the extent required by these Terms of Use.

• the Application Provider and its affiliates are third party beneficiaries of these Terms of Use in respect of your licence to use the Application and that, upon your acceptance of these Terms of Use, the Application Provider shall be entitled to (and shall be deemed to have accepted the right to) enforce against you the terms of these Terms of Use in respect of your licence to use the Application as a third party beneficiary hereunder.
• You must also comply with all applicable terms of use of any third party when using the Application.
• You may not export or re-export the Application, any related technical data or any content contained therein, except as permitted under the export control and related sanctions laws of the United States or the laws of any other relevant government. By using the Application, you acknowledge and warrant, among other things, that the Application, related technology and content may not be exported or re-exported to any country or region sanctioned by FRANCE.

Prohibitions regarding User Content and Your Conduct

You acknowledge that you are solely responsible for your actions and User Content when using our Services and Products, and you agree not to engage in any of the following activities:

Posting, uploading, creating, storing, sending, transmitting, or otherwise communicating any User Content: (a) that is confidential and for which you do not have all the necessary rights to disclose or grant us the license to use as described above; (b) that may infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral right, or other intellectual property right belonging to a third party, or any right of publicity or privacy; (c) that violates, or encourages any conduct that would violate, these Terms of Use or any rights of any third party, that would incur any liability in any other way, that would violate any local, state, national, or international law or regulation in force, or that would have the effect of incurring any civil or criminal liability; (d) that is false, fraudulent, or misleading; (e) that impersonates any person or falsely represents your affiliation with any person or entity, or that contains or describes any statement, remark, or claim that does not reflect your opinions and experiences of impeccable nature; (f) that is defamatory, obscene, pornographic, vulgar, offensive, unlawful, slanderous, indecent, inappropriate, suggestive, abusive, or provocative; (g) that promotes discrimination, intolerance, racism, hatred, harassment, or violence against any individual or group; (h) that is violent or threatening or encourages any act of violence or threatening behavior towards any natural or legal person; (i) that promotes any illegal or dangerous activity or substance; (j) that contains any advertising messages, campaign communications, unsolicited or unauthorized advertisements or solicitations; (k) that contains any virus, corrupted data, or other file or content that is dangerous, disruptive, or destructive; or (l) that we reasonably believe is reprehensible, restricts or impedes any third party in their use or enjoyment of our Services and Products, or is likely to expose NEW DAY or any other person to any damage or liability of any kind;

Copying, reproducing, distributing, using, broadcasting, duplicating, or displaying the Services or Products, or any individual element appearing in the Services or Products, the name of NEW DAY, any reserved trademark, logo, or other information belonging to NEW DAY, or the layout and design of any page or form appearing on a page, without the express written permission of NEW DAY or its licensors;

Modifying our Services or Products, removing any notice or indication of reserved rights, or otherwise creating derivative works from our Services or Products;

Using our Services or Products for any purpose other than that for which they are intended and in any manner not authorized by these Terms of Use, which violates these Terms of Use or any applicable law, regulation, contract, intellectual property right, or other right belonging to a third party, or which may disrupt, impede or have negative effects on our Products or Services, which would prevent other users from fully enjoying our Services or Products, or which could interfere with, block, slow down or impede the operation of our Services or Products in any way;

Developing or using any application that interacts with our Services or Products without our prior written authorization;

Avoiding, circumventing, ignoring, deleting, disabling, impeding, decrypting, or otherwise bypassing any technological measure put in place by NEW DAY or any of its providers or any third party (including another user) to protect the Services or Products;

Attempting to retrieve (scraping) or extract data from our Services or Products or downloading Content from the Services or Products using any engine, software, tool, agent, device, or system (including spiders, robots, crawlers, data mining tools or other similar tools) other than the software and/or search tools provided by NEW DAY or other publicly accessible third-party internet browser, in order to circumvent measures in place to prevent or limit access to all or part of our Services or Products, including the instructions contained in any robots.txt file we provide that controls automated access to parts of our Services;

Attempting to decode, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Products, except to the extent expressly permitted by applicable law (if any), or to perform any other operation that could allow access to the source code;

Interfering or attempting to interfere with the access of any user, host, or network, including, in particular, by sending a virus, creating an overload or saturation, sending unsolicited messages or performing a mass email sending (mail-bombing) on the Services or Products;

Collecting or retaining any personal data from the Services or Products from other users of the Services or Products without their express consent;

Engaging in any harassment or intimidation tactics, making threats, engaging in predator behavior, or engaging in any form of stalking;

Using or attempting to use another user’s account without their or NEW DAY’s consent; or

Encouraging any other person to engage in any of the above activities or giving them the opportunity to do so.

We have the right (but are not obliged) to monitor access to or use of the Services, Products or Content, or to review or modify any Content, at any time, with or without notice, in order to ensure compliance with these Terms of Use and to comply with applicable laws or other legal requirements. We reserve the right (but are not obliged) to enforce this article by removing any Content or blocking access to such Content at any time and without notice if we reasonably believe that any Content is abusive or contrary to these Terms of Use. The failure to enforce this article in certain cases does not constitute a waiver of our right to enforce it in other cases. We have the right to investigate any violation of these Terms of Use or any behavior or conduct that is harmful to the Services or Products. We may also seize and cooperate with law enforcement authorities to prosecute users who violate the law. Additionally, this article creates no right of action on the part of any third party or should not be construed to mean that the Services or Products do not contain any Content prohibited by these rules.

Third-Party Content

The Services or Products may contain information about, as well as links to, products, services, websites, resources, activities, or events of third parties. We may also allow third parties to make their content and information available on or through the Services or Products (collectively, “Third-Party Content”). We provide Third-Party Content for informational purposes only and do not control or endorse any Third-Party Content. You acknowledge that it is your responsibility to decide whether you want to access Third-Party Content.

Trademarks

NEW DAY and Newday Care, as well as our logos, product or service names, slogans, and visual presentation of the Services or Products, are trademarks of NEW DAY and may not be reproduced, imitated, or used, in whole or in part, without the prior written consent of NEW DAY. All other trademarks, trade names, product names, and company names or logos mentioned on the Services or Products are the property of their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply or constitute endorsement, sponsorship, or recommendation by us of such products, services, processes, or other information.

Termination

We may terminate or suspend your access to the Services, Products, or Applications, or your use thereof, for cause. Cause may be invoked if, taking into account all the circumstances of the particular situation and balancing the interests of both parties, it can no longer reasonably be expected that the contractual relationship will continue, for example, in the event of a serious or repeated breach by you of these Terms of Use. We may also suspend your account for a maximum period of ninety (90) days if we need to investigate an alleged breach by you, and if such breach is deemed to be a valid reason and there is sufficient suspicion of a breach based on facts. If you have subscribed to a Business Subscription, we may terminate it, as well as your Account, if you are no longer eligible for a Business Subscription according to the terms of our agreement with your company. You may terminate your Account or Subscription at any time in the Application, section “Settings,” button “Close Account,” or by sending us an email at contact@newday.care. If you subscribe to an Individual Subscription via an Application Provider, you must terminate your Individual Subscription directly with the Application Provider or directly in the Application, section “Settings,” button “Close Account.” In the event of termination, interruption, or cancellation of the Services, Products, or your Account, all provisions and clauses of these Terms of Use that, by their nature, are intended to survive, shall survive, including the ownership clause, the warranty exclusions, the limitation of liability, and the provisions relating to dispute resolution.

Dispute Resolution

Applicable Law

These Terms of Use, as well as your access to and use of our Services, are governed by the laws of your country of residence and are interpreted and enforced in accordance with those laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you bring an action related to these Terms of Use before the courts of your country of residence, you will benefit from all mandatory provisions of the law of the country in which you reside. No provision of these Terms of Use affects your rights as a consumer to rely on mandatory provisions of the law of the country in which you reside. The European Commission provides an online dispute resolution platform, which you can access at the following address: https://ec.europa.eu/consumers/odr/. We prefer to resolve your requests directly with you, and therefore, unless otherwise agreed by NEW DAY in writing or as specified below, we do not participate in alternative consumer dispute resolution procedures. If you wish to submit a question to us, please contact us. Unless expressly agreed by NEW DAY in writing, this paragraph applies only to residents in France. In case of a problem with the Services and if your written claim to our customer service (at contact@newday.care) has not received an adequate response or in the absence of a response from our customer service within one (1) month from receipt of your claim, you may resort to an alternative mode of dispute resolution by contacting MEDICYS (https://app.medicys-consommation.fr/?proId=52ef9e3d-b97f-4805-9abe-5c90028cd8c1 and Concord – 73, Boulevard de Clichy – 75009 Paris) and/or accessing the European Commission’s website for online dispute resolution at the following address: http://ec.europa.eu/odr. You are free to accept or refuse mediation, and in case of mediation, each party is free to accept or refuse the solution proposed by the mediator.

General Provisions

These Terms of Use, as well as any additional or different terms agreed upon in the context of specific Services or Products, constitute the entire agreement between NEW DAY and you regarding the Services, Products, and Content and supersede any prior oral or written agreement between NEW DAY and you regarding the Services, Products, and Content. If any provision of these Terms of Use is deemed unlawful, invalid, or unenforceable, all or part of that provision will be applied to the extent permitted and will be deemed separable from these Terms of Use. The other provisions of the Terms of Use remain fully applicable. NEW DAY may freely and without restriction assign or transfer these Terms of Use. These Terms of Use will bind and apply to the benefit of the parties, their successors, and authorized assigns. All notices or other messages addressed by NEW DAY under these Terms of Use, including those concerning modifications to the Terms of Use, must be addressed: (i) by NEW DAY by email; or (ii) by posting on the Services. For notices made by email, the date of receipt will be considered the date on which such notice is received on your email service provider’s server. The failure of NEW DAY to assert a right or provision of these Terms of Use does not constitute a waiver of that right or provision. The waiver of such right or provision will only be effective if it is in writing and signed by a duly authorized representative of NEW DAY. Unless expressly stated in these Terms of Use, the exercise by either party of any of the remedies provided for in these Terms of Use will not prejudice its other remedies under these Terms of Use or otherwise. The headings of the articles of these Terms of Use are for convenience only and have no legal or contractual effect. Unless otherwise provided herein, these Terms of Use are solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that exchanges and transactions between us may be conducted electronically.