Terms Of Use

Thank you for joining Fabulous (“We”, “Us”, “Company”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services, mobile application, and Service provided or operated by Fabulous (“Service”) including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OF AGE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Fabulous (“FABULOUS,” “We,” “Us,” and “Our”) is a simplified joint stock company with a capital of 2,500 euros registered in the Paris Trade and Companies Register under number 812 836 047 with its registered office at 128, rue de la Boétie 75008 Paris. FABULOUS provides to its users (the “User”, “You”, and “Your”) a broad range of services, including coaching services, , applications, platforms, site and any other product currently developed or to be developed in the future by FABULOUS (the “Services”) subject to the present terms of service (the “Terms of Service”). As the case may be, we encourage you to consult with your healthcare provider before starting the Services, as Fabulous never provides any medical advice to its Users. These Terms of Service govern your use of the Services and may be completed by specific terms such as the Live Coaching terms attached hereto or any other additional terms in relation with any other service provided by Fabulous (together or separately the “Specific Terms”). In case of contradiction between the Terms of Service and any Specific Terms of Service, the latter shall prevail over the Terms of Service. These Terms of Service together with any applicable Specific Terms, define your relationship with Us and give You the permission to use the Services. It sets out our respective rights, obligations, and responsibilities in relation to the provision and use of the Services. We rely upon Your promise that you have reached the legal age of majority in your province or territory of residence or that you have your parent or legal guardian’s permission to be authorized to use the Services and enter into these Terms of Service together with any applicable Specific Terms. 

Article 1. DEFINITIONS

Unless otherwise stipulated by the Terms of Service or, if applicable, any Specific Terms, or unless otherwise the context requires, the following words or expressions, provided that the first letter is written with a capital letter, shall have the meaning assigned respectively hereto: Any reference in the singular also includes the plural and vice versa. Any reference to one gender includes the other gender.  “Account”: Your personal user account that enables You to access the Service(s) with Your login and password. “App”: the app developed and operated by Fabulous to which You log in using your Account, created for this purpose to have access to the Service(s). “Coach(es)”: the qualified professional performing the live-coaching sessions pursuant  to Fabulous coaching methods. “Live Coaching Services”: the live coaching services provided by Fabulous Coaches to the User pursuant  to Fabulous coaching methods. “Live Coaching Terms”: the specific terms of use for the Live Coaching Services attached hereto defining the conditions under which You use the Live Coaching Services including their preamble,
their appendices and any other document to which they refer, as well as any amendment, substitution, extension or renewal thereof.“Party” or “Parties”: individually referred to as Fabulous or the User and collectively referred to as Fabulous and the User. “Privacy Policy”: the privacy policy of Fabulous governing Your data processing when you use the App and/or the Services. “Terms of Service” or “General Terms of Service”: the general terms of use of Our Service(s), defining the conditions under which You use the Services, including their preamble, their appendices and any other document, such as Specific Terms, to which they refer, as well as any amendment, substitution, extension or renewal thereof.“Services”: the $ services provided by Fabulous to the User, including but not limited to apps, sites, devices, and any other product currently developed or to be developed in the future by FABULOUSdescribed in the welcome  page of each Service. “Site”: Fabulous website presenting the Services at the address: https://www.thefabulous.co. “Specific Term”: any specific term governing the use of one service in particular completing the Terms of Service. “Subscription”: the subscription to which the User subscribes to access to the Service(s). “User”: the physical person having subscribed to the Service(s) provided by Fabulous according to the conditions set forth in these Terms and Conditions together with any applicable supplemental and specific terms and conditions. 

Article 2. SUBSCRIPTION TO THE SERVICE(S) SUBSCRIPTION TO THE

2.1 You subscribe to the Service(s) of Your choice at the price (the “SubscriptionPrice”), for the term (the “Term”) and, following the subscription process (the “Subscription Process”) stated on the subscription page of the Service(s) or, if applicable, in any Specific Term. For certain Services, You may have a free trial period of time, or special pricing period of time during the use of Services (the "Trial Period"). Your subscription is automatically renewed for the same Term, except If you decide to terminate your subscription under the termination conditions defined in Article 7.

2.2 Your Subscription is definitively confirmed by email once You expressly accept the Terms of Service and, if applicable, any Specific Term without restriction or reservation, by ticking the box provided for this purpose and proceeding to the payment of the Subscription Price.

2.3. You proceed to the payment of Your Subscription in accordance with the conditions set forth in the Subscription Process. The Subscription Price is generally not refundable. You must cancel Your subscription before its renewal to avoid billing fees for the next subscription period. If you have any concern or objection, We invite you to raise them with Us first and not to cancel or reject any credit card or third party payment processing charges, unless you have made a reasonable attempt at resolving the matter directly with Us.

2.3 We may update from time to time the Subscription Prices, including our pricing. In such cases, You will be notified in advance before such changes become effective. In any case, the changes will not apply retroactively but only for subscription renewals, except otherwise specified by Us to You. If you do not agree with these changes, you may choose to cancel your subscription in accordance with the termination conditions defined in Article 7. If not, the updated Subscription Prices will be deemed accepted by You and applicable.We may update from time to time the Subscription Prices, including our pricing. In such cases, You will be notified in advance before such changes become effective. In any case, the changes will not apply retroactively but only for subscription renewals, except otherwise specified by Us to You. If you do not agree with these changes, you may choose to cancel your subscription in accordance with the termination conditions defined in Article 7. If not, the updated Subscription Prices will be deemed accepted by You and applicable.

Article 3. ACCESS TO THE SERVICE(S)

3.1 User identification and contact information. Upon receipt and confirmation of Your subscription to the Service(s), You register your Account following the registration proceeding, providing complete, sincere, accurate and up to date identification and contact information when accessing the Service(s) and throughout its(their) use. You acknowledge and accept that the communication of incomplete, inaccurate or out of date identification and contact information may prevent You from accessing the the Service(s), as well as the use thereof. Once your registration is validated, You have access to the Service(s) through your Account with Your login and password.

3.2. Login and Password. You must take necessary measures to keep Your login and password confidential and to protect them from any risk of loss, theft, disclosure or unauthorized or illegal use. You acknowledge and accept that You are solely responsible for any loss, theft, disclosure or unauthorized or illegal use of Your login and password, as well as the access to and the use of Your Account and any eventual consequences. It is Your responsibility to immediately inform Us in the event of the loss, theft, disclosure or unauthorized or illegal use of Your login and password.

3.3 Environment, equipment, and technical and IT means. You must possess the environment, equipment and the technical and IT means necessary, including access to an internet connection and the hardware and software required to enable them to access and use the App and the Service(s). The access to the Service(s) is conducted remotely. You must ensure that their environments, equipment and technical and IT means are compatible and/or configured to be compatible with the Service(s). 

Article 4. THE SERVICE(S)

4.1. Description of the Service(s). You have access to the Service(s) to which You subscribe. The complete and updated description of the Service(s) is available on the Site and/or the App and/or any other media used to access the Service(s).  You are invited to carefully read this description before starting your Subscription Process. For more details on a Service, you may contact Our customer service. 

4.2. Licensing. The Service(s) is(are) only accessible on the App for which We grant You a worldwide, personal, non-exclusive, royalty-free and non-assignable right to access and use in accordance with the Terms of Service and, if applicable, any Specific Terms. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, including any and all technology, software, and content. You agree you will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, including any and all technology, software, and content. You agree that you will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App. 

Article 5. RULE OF USE OF THE SERVICE(S)

5.1. Compliance use of the Service(s). You undertake to use the Service(s) in compliance with the Terms of Service and, if applicable, any Specific Terms, and the laws and regulations in force.

5.2. Improper use of the Service(s). You undertake not to use the Service(s) in an improper manner and notably: 

5.3. Use of the content of the Service(s). You undertake not to use the Service(s) in an infringing manner and notably: 

5.4Content provided by You. While using the Service(s), You provide Us with Content. You undertake not to make any false, bogus or misleading allegations, any allegations of an abusive, defamatory, derogatory, pejorative, shocking, indecent, obscene, violent, insulting, hateful, degrading, discriminatory, sexist, racist, xenophobic, homophobic, pornographic, or revisionist nature, and any allegations that infringe upon Our reputation or, the dignity of other Users, Coaches or third parties. You acknowledge and accept that You shall be solely liable for any violation of the applicable regulations on this basis. You shall hold Fabulous harmless against any complaint, claim or legal proceedings of any nature, on this basis. We may delete the obviously illegal content, data and comments communicated, published or stored via the Service(s) following the notification of other Users, Coaches, or third parties. 

Article 6. OBLIGATIONS, WARRANTIES AND LIABILITY

6.1. Obligations. We undertake to provide You with the Service(s), under a best efforts obligation. We carry out regular checks in order to verify the functioning and accessibility of  the Service(s). Nevertheless, We reserve the right to interrupt momentarily the access to the Service(s) for maintenance and/or improvement reasons.

6.2. Warranties. Unless otherwise specifically stated in  Specific Terms, We provide Our Services “as is” and “as available” basis and exclude all express or implied warranties, representations, or endorsements whatsoever including, but not limited to, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose or that the Service(s) will be error-free or uninterrupted. We only warranty any lack of conformity on the Service(s) regarding its performance, quality and/or fitness for its usual purpose that you would discover within two years from Your Subscription. We expressly disclaim any and all implied warranties. You assume total responsibility and risk when You use the Service(s) and the following actions taken and/or the changes in your life made accordingly. In particular, We exclude all warranties, representations, or endorsements whatsoever in relation to medical care. We are not a licensed medical care provider, We never assess or control your health status that you remain fully responsible of and never provide any medical care or diagnostic. The information that You may receive through the Service(s) or our Coaches is offered for informational purposes only and is not a recommendation or endorsement of any drug, device, or treatment or representation that a particular drug, device or treatment is safe, appropriate, or effective for You. We further do not guarantee that the Service(s) shall be exempt from any virus and/or that We shall intervene or remedy any eventual viruses,that  the Service(s) will function without interruption, breakdown, bugs or errors and/or that We shall intervene or correct any eventual interruption, breakdown, bug or error,that the Users’ environment, equipment or technical or IT means will be compatible or compliant to enable them to access or use  the Service(s). 

6.3. Liability. We are not liable in the event of : (i) a failure of the internet, or the environment, the equipment or technical or IT means of the User, (ii) the loss, contamination, destruction or alteration of the Your information, documents and data occurring during or consecutively to Your access or the use of the Service(s), (iii) the loss, theft, disclosure or unauthorized or illegal use of Your login and passwords,(iv)  improper or illegal use of Your Account, (v) any improper or illegal use of  the Service(s), (vi) Your violation of any one of Your obligations under the Terms of Service, (vi) Our breach of Our obligations under the Terms of Service caused by You and/or a third-party, (vii) an event of force majeure as recognised by the law and French case law. 

If We are found to be liable any direct, foreseeable and proven damage or loss which arises out of or is in any way connected due to a breach of Our obligations (excluding Your use or inability to use the Service(s) under the Terms of Service or, if applicable any Specific Terms including the Live Coaching Terms, by a legal decision that has become definitive and enforceable, Our total liability shall be limited to the amount of the sums that You pay over the last twelve (12) months, for the Service(s) concerned by said breach. Except where prohibited by law, in no event, We will be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of the Service under these Terms of Service. The foregoing limitations do not apply for fraud, fraudulent misrepresentation, or death or personal injury cause by negligence or willful misconduct. No action for breach arising out of these Terms of Service shall be brought by You more than one (1) year from the date the claiming receives the knowledge of the cause of action.

Article 7. TERMINATION OF THE SERVICE(S)

7.1. Withdrawal. Whether UE consumers regulations are applicable to You, You have the right to withdraw from this Terms of Service within 14 days from the day of your registration without giving any motivation except when the execution of the Service started  before the end of this period. To exercise your right of withdrawal, you must inform Us of your decision by using the refund request form accessible in the Help Center section of the App. We will communicate to you an acknowledgement of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you decide to exercise your withdrawal right, we will reimburse You Your payments without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Terms of Service. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 7.2. Termination of the Service(s) by the User. You are free to terminate Your subscription to the Service(s) at any time, for any reason whatsoever, without prior notice following the termination process of the Service. The termination of Your Subscription during the trial period is operated free of charge and operated by yourself on the App, at least 24 hours before the term of the trial period. In case of termination of Your Subscription after the trial period has expired, , You will remain subject to the payment of the newly created subscription .

 7.3. Termination of the Service(s) by Fabulous. We reserve the right to suspend or terminate your subscription to the Services in case, You would materially or repeatedly breach these Terms of Service or, if applicable the Specific Terms, including but not limited to any payment failure, intellectual property infringement or, any harm to another user or a third party, which would not be repaired in a period of time of thirty (30) days from the reception of our notice of advertisement or if We are required to do so to comply with a legal requirement or a court order. 

7.4.Effects. The termination of the Service(s), for any reason whatsoever, shall entail: (i) the termination of the Terms of Service and any Specific Terms, (ii) the termination of the Service(s), (iii)
the closure of Your Account and the deletion of Your access to the Service(s) and the content of the Service(s), (iv) the destruction of the data imported or provided by You. The termination of the Terms of Services is without prejudice to all clauses and provisions of said Terms of Services  and any other applicable Specific Terms that are intended to survive the termination of the said Terms of Services, (v) any remaining payments. Any accrued claims, rights or liabilities of either Party shall not be affected. 

Article 8. PERSONAL DATA

We process Your Data to provide You access with the Services in accordance with the applicable regulations. For more information about Your data processing, We invite You to read our Privacy Policy. 

Article 9. INTELLECTUAL PROPERTY

Although We give you the permission to use the Service(s), We retain all right, title and interest, including all Intellectual Property rights We have in the Services.You do not have and shall not acquire by virtue of the Terms of  Service or, if applicable the Specific Terms including the Live Coaching Terms, any ownership right on the Services and agree to do nothing by act or omission, which would impair the Intellectual Property rights of FABULOUS.

Article 10. CONFIDENTIALITY

The information shared by You in using the Service(s) will remain fully confidential unless you show explicit signs of self-harm or harming others, or unless you signal you would like your experience shared with the fabulous team or the public. Notwithstanding the above, We may use your information by way of anonymization or aggregation to help Us to develop the Service(s) and provide You with new features. 

Article 11. THIRD PARTY LINKS AND CONTENTS

You may have access to third party’s links while using the Service(s) redirecting to third party content. We do not endorse or make any representations about these third parties links and content, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to use any of these third party’s links, you do so entirely at your own risk.

Article 12. MISCELLANEOUS 

12.1. Modifications and update of the Terms of Service. We reserve the right to update and modify the Terms of Service and, if applicable, any Specific Term, for legal, regulatory, or security reasons, or to reflect changes in our Services or, to prevent abuse or harm. These modifications and/or updates will be indicated by any useful means and in particular by the publication of a notice of the update on Your Account. These modifications shall apply as from the update notice, unless otherwise indicated in the Terms of Service. If You do not accept these modifications, You must stop using the App and the Service(s) and terminate these Terms of Service and if applicable, any Specific Term under the conditions provided for herein.

12.2 Autonomy of provisions. If any provision of the Terms of Service and, if applicable, any Specific Terms is invalid with regard to an applicable law or regulation, it shall be deemed unwritten, without this invalidating the entire Terms of Service, or if applicable, any Specific Terms.

12.3. Non-waiver of provisions. If one of the parties does not invoke the application of a provision of these Terms of Service and, if applicable, any Specific Terms, they shall not be considered as having waived the rights that result from said provision of the Terms of Service, or if applicable, any Specific Terms.

Article 13. APPLICABLE LAW –
COMPETENT JURISDICTION

13.1. Applicable law. The Terms of Service and, if applicable, any Specific Terms are governed by the law of France.

13.2. Competent jurisdiction. In the event of any difficulty relating to the interpretation or application of these Terms of Service and, if applicable, of any Specific Terms, We do our best efforts to resolve the dispute amicably or through mediation. The European Commission also offers an Online Dispute Resolution Platform which We accept if required by law. If despite Our mutual effort, We do not find an amicable agreement, the dispute will be brought before the competent court in accordance with French law. 

LIVE COACHING SERVICES TERMS

The Live Coaching Terms supplement the General Terms of Service regarding Your use of the Live Coaching Services. 

In case of contradiction between the Terms of Service and the Live Coaching Terms, it shall prevail over the Terms of Service. Capitalized terms used in the Live Coaching Terms shall have the same meaning as in the Terms of Service

Article 1. SUBSCRIPTION TO LIVE COACHING SERVICES

You subscribe to the Live Coaching Services for the duration stated on Your checkout page. This term could be subject to an automatic renewal. However, You have the possibility to terminate Your subscription at any time ahead of your next Live Coaching session using your Account. In that case, no refund of Your last monthly subscription will be made by Us.

Article 2. ACCESS TO LIVE COACHING SERVICES

You will receive a link to your email address to schedule a session with your Coach. You will access the Live Coaching Services via a video call with the link provided in the initial email sent. You undertake and accept that the coaching sessions are conducted remotely by one of Our Coaches through a video call, and that the Live Coaching Services will never be performed in person. 

As the Live coaching session will be performed through video, you are responsible to possess the appropriate technological equipment (camera, network with sufficient internet speed to sustain a video call) in order for the Coach to interact with  You during the sessions and deliver the appropriate  experience.

Article 3. LIVE COACHING SERVICES

3.1. Scheduling. You schedule Your Live Coaching sessions with your Coach via an online scheduling tool, allowing You to choose an available time slot that best suits you from the time available which will be weekly completed by Us with additional sessions  . Once the session is booked You will receive the confirmation through email with the visioconference link to connect with Your coach at the date booked.

3.2. Rescheduling and cancellations.
 
(a) Rescheduling: You may reschedule Your Live Coaching Session up to 8 hours before it starts
through the online calendar without being charged any session fee. If any changes are required less than eight (8) hours before the session starts, you will be charged for the Live Coaching session. You accept and acknowledge that it is your responsibility to inform the Coach via email of any changes. Technical reasons will not be considered a valid reason for rescheduling without a fee, as you are responsible for ensuring your equipment is in working order prior to  your Live Coaching session.

(b) Refund: There is no refund policy available for Live Coaching Services.

3.3. Coaches.

We collaborate with qualified Coaches dedicated to offering Live Coaching sessions helping you in creating a well balanced structure in your life. With Your subscription to the Live Coaching Services, You will remain with the same Coach for the duration of the subscription . However, in certain circumstances we may replace the initial Coach with another one with the same qualifications without any prejudice for Us. 

Article 4. OBLIGATIONS, WARRANTIES, LIABILITIES

4.1. Obligations and Warranties. FABULOUS collaborates with certified and qualified Coaches that apply various coaching methods and skills that help support You in achieving your goals to support You in achieving your objectives.  FABULOUS does not guarantee that Live Coaching Services will enable You to meet Your objectives, with this depending solely on the efforts made by You during the Live Coaching sessions.  FABULOUS further excludes all warranties, representations, or endorsements whatsoever in relation to medical care, finance or legal advice stating that Our Coaches are not  licensed finance, medical or legal professional nor will You be receiving any financial, medical, or legal advice from Our Coaches.

4.2. Liability. FABULOUS shall not be liable In the event that the objectives You set at the beginning have not been met and, in the event of any dissatisfaction with the Live Coaching sessions held by the Coaches.