TERMS AND CONDITIONS

Last updated: August 2025

⚠️ IMPORTANT WARNING - DISCLAIMER ⚠️

PLEASE READ THIS WARNING CAREFULLY BEFORE USING LISTEN

LISTEN IS NOT A PROFESSIONAL MEDICAL OR MENTAL HEALTH SERVICE

Listen is explicitly defined as a consumer emotional well-being tool that allows users to express themselves freely through text and voice interactions and track their emotional wellbeing patterns. Our service provides a secure environment for sharing emotions and thoughts through written and spoken communication, accompanied by an intelligent tracking system.

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Your use of Listen ('Service') implies your express acknowledgement and acceptance that:

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1. This service is NOT a medical device within the meaning of Regulation (EU) 2017/745 on medical devices or the French Public Health Code.

This service does NOT provide:

Medical or psychological diagnosis
Treatment for mental or physical disorders
Medical or psychological consultation
Therapy or psychotherapy.

2.The artificial intelligence used in our service:

Does not replace the expertise of a qualified healthcare professional
Is not programmed to diagnose medical conditions
May not recognise signs of serious distress
Is not supervised in real time by healthcare professionals
And may contain errors, inaccuracies or misunderstandings despite our rigorous checks.

IF YOU ARE HAVING SUICIDAL THOUGHTS, IMPULSES TO HARM YOURSELF, OR IF YOU ARE EXPERIENCING A MEDICAL OR PSYCHOLOGICAL EMERGENCY:

Call 15 (emergency services) or 112 (European emergency services) immediately
Go to the nearest hospital emergency department
Contact 3114 (French suicide prevention - national service available 24/7)

Listen is not designed to respond to emergency situations and does not monitor conversations in real time.

PREAMBLE

These Terms and Conditions of Use (hereinafter the 'TCU') govern the use of the Listen mobile and web application (hereinafter the "Service" or 'Listen'), published and operated by Cephalgo SAS, a simplified joint-stock company with a capital of 45 168 euros, registered in the Strasbourg Trade and Companies Register under number 904447323, whose registered office is located at 8 rue des Veaux, 67000 Strasbourg, France (hereinafter 'Cephalgo', "we", or 'our').

By using Listen, you unreservedly accept these T&Cs, including the above warning and the end user licence agreement incorporated below. If you do not accept these terms and conditions, you must not use Listen.

Cephalgo reserves the right to modify these Terms of Use at any time. Users will be notified of any changes by notification via the application and/or by email at least thirty (30) days before they come into effect.

4. NATURE AND LIMITATIONS OF THE SERVICE

1.1 Definition of the Service

Listen is explicitly defined as a consumer emotional well-being tool that allows users to express themselves freely and track their emotional wellbeing patterns. Our service provides a secure environment for sharing emotions and thoughts, accompanied by an intelligent tracking system.

1.2 Explicit Limitations and Warnings

IMPORTANT WARNING: By using our service, you expressly acknowledge and agree that:

a) Non-Medical Nature of the Service

Listen is a conversational well-being tool and is NOT a medical service
The service does NOT offer any diagnosis, medical advice or treatment
Conversations are generated by artificial intelligence and do NOT constitute medical consultations
Listen is NOT a medical device within the meaning of European or French regulations

b) Emergencies and Critical Situations

In case of suicidal thoughts, self-harm, or any medical emergency:
Contact 15 or 112 immediately
Go to the nearest emergency room
Or call 3114 (French suicide prevention).

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The service is NOT suitable for emergency situations
The service does NOT monitor conversations in real time
This product has not been designed or tested to predict suicide risk and is not monitored by humans for this purpose

Suicide Risk and Emergency Situations

Listen is not designed or capable of detecting suicide risk or providing crisis intervention
Users experiencing suicidal thoughts must contact emergency services (15, 112, 3114) immediately
Cephalgo cannot and does not monitor conversations for suicide risk detection
Users acknowledge that Listen is not a suicide prevention tool and Cephalgo bears no responsibility for suicide risk assessment or intervention
Any suicide-related content that comes to our attention through user reports or system flags will result in account suspension and direction to appropriate emergency resources

c) User responsibilities

You are solely responsible for any decisions made based on conversations
Always consult a healthcare professional for medical advice
Sharing reports with professionals is entirely your own initiative

d) Content generated by artificial intelligence

Listen's conversations, suggestions and analyses are generated by artificial intelligence using both text and voice inputs
Voice recognition and audio processing may contain errors or inaccuracies
Audio-to-text conversion may not perfectly capture your intended meaning
Voice-based AI responses may misinterpret tone, emotion, or context
Despite intensive checks, some errors in voice processing may occur
You acknowledge that voice-based AI interactions have inherent limitations
Background noise or technical issues may affect voice processing quality
Despite intensive checks and rigorous verification, some errors, inaccuracies or misunderstandings may occur in the generated content
By using Listen, you accept that the content generated by AI may contain inaccuracies
You agree to use your own judgement regarding the relevance of the suggestions and analyses provided
You acknowledge that Cephalgo cannot be held responsible for errors or inaccuracies in the content generated by AI
You are responsible for using this product according to its intended purpose and not attempting to modify or influence the system to produce content it was not designed for (e.g., 'jailbreaks'). Cephalgo reserves the right to pursue legal action against users who inappropriately use the service.

e) Technical Limitations

The service may contain errors or inaccuracies
The availability of the service is not guaranteed 24/7
Conversations are automated and have inherent limitations

f) Questionnaire and Assessment Tools

Listen may include standardized questionnaires (PHQ-9, GAD-7) for personal tracking purposes only
These tools provide raw scores without any clinical interpretation or diagnostic value
Results are NOT medical assessments and do NOT constitute professional evaluation
You are solely responsible for discussing scores with qualified healthcare professionals
No medical conclusions should be drawn from questionnaire results within Listen
These tools are provided for self-monitoring and communication facilitation only

1.3 Report Sharing Feature

The report sharing feature is solely a data visualisation tool that allows users to share their progress. This feature:

Does not constitute a form of telemedicine
Does not establish a direct therapeutic relationship
Remains under the sole control of the user
Is used solely for the transmission of progress information

1.4 Emergency Protocol and Technical Limitations

a) Emergency Detection Limitations The user expressly acknowledges that:

The service may NOT detect certain emergency situations

Automatic keyword detection is NOT 100% guaranteed due to:
Linguistic variations and idiomatic expressions
Spelling mistakes or typos
Indirect or ambiguous expressions
Technical limitations of the system
Connection problems or latency.

The responsibility for contacting emergency services lies SOLELY with the user

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b) Support Information The service may include, for informational purposes only:

Suggestions for help resources
Information about available emergency services
Reminders about the non-medical nature of the service

This information:

Is provided for informational purposes only
May not appear in real time
May be incomplete or unavailable
Does NOT constitute an alert or monitoring system

c) User Responsibility

Contact emergency services IMMEDIATELY in case of crisis
Do NOT wait for a suggestion or information from the service
Do NOT consider the absence of information as an indication of safety
Seek appropriate professional help independently of the service

d) Questionnaire Limitations

Questionnaire scores may not accurately reflect your mental health status
High or concerning scores do NOT automatically trigger alerts or interventions
The service does NOT monitor or interpret questionnaire results for emergency situations
You must independently assess your need for professional help regardless of scores
Questionnaire tools have inherent limitations and may not detect all forms of distress

5. INFORMATION ABOUT PRICES AND SERVICES

2.1 Service offering

Listen offers two separate packages:

Free version:

Access to text and limited voice conversations with the assistant
Basic emotion analysis from text and voice inputs
Voice recording with daily time limits
Simple monthly reports including voice interaction summaries

Premium Version:

Unlimited text and voice conversations with no time restrictions
Advanced voice emotion analysis and sentiment detection
Full audio conversation history and playback
Detailed voice interaction analytics in reports
Priority voice processing and enhanced audio quality

Modification of Offers: Cephalgo reserves the right to modify at any time the characteristics, features, duration, and limitations of all versions of Listen (free and paid). This includes, but is not limited to, the right to:

Add or remove features in each version
Modify the limitations of use of the free versions
Change the subscription structure (duration, frequency)
Convert free features to premium features
Create new subscription categories

Users will be notified of any significant changes via notification within the application and/or by email at least thirty (30) days before they take effect.

2.2 Pricing

The price of the premium subscription is set at €19.99 per month, including VAT (20%). This price includes all premium features with no restrictions on use. Specific terms and conditions include:

Transparent pricing:

No hidden fees or additional costs
Price guaranteed for the duration of the initial subscription
Option to change your plan at any time
Pro-rata billing in the event of a change of subscription

Price Changes: Cephalgo reserves the right to change its prices at any time for all current and future Listen subscriptions. The new prices will apply upon renewal of the subscription, after prior notification to users at least thirty (30) days before they come into effect.

2.3 Payment Terms

Accepted Payment Methods:

Credit cards: Visa, Mastercard, American Express
Apple Pay
Google Pay
Other secure payment methods depending on availability

Billing Process:

Monthly billing on the day of subscription

Automatic renewal unless cancelled

Detailed invoice available in the customer area

Payment Security:

Transactions secured by SSL protocol

Compliance with PCI DSS standards

No storage of bank details on our servers

Payment processing by certified service providers

2.4 Restrictions on Use

The service must not be used to:

Obtain medical advice or diagnoses

Manage existing medical conditions

Replace prescribed treatment

Manage psychological or medical emergencies

Offer counselling or therapy services to third parties

Illegal activities or activities contrary to public order

Publishing, transmitting or sharing inappropriate content as defined in the 'Content Moderation' section

Audio and Voice Features:

Record audio only for legitimate emotional well-being purposes

Do not attempt to manipulate voice recognition systems

Avoid recording in environments where others' privacy may be compromised

Do not use voice features to record conversations with third parties without consent

Respect others' privacy when using voice features in shared spaces

Use of the service in these contexts is expressly prohibited and may result in immediate suspension of the account.

CONTENT MODERATION AND USER CONDUCT

3.1 Prohibited Content

The use of Listen is subject to rules of conduct. It is strictly prohibited to create, publish, transmit or share via Listen any content that:

Illegal or harmful content:

Violates any applicable local, national or international law

Promotes illegal or dangerous activities

Contains threats, harassment or intimidation

Incites violence or hatred towards individuals or groups

Content harmful to mental health:

Encourages self-harm, suicide or eating disorders

Promotes practices that are dangerous to mental health

Disseminates inaccurate or dangerous medical information

Minimises or denies the existence of mental disorders

Inappropriate content:

Sexually explicit or pornographic content

Violent, graphic or disturbing content

Spam, unauthorised advertising or commercial content

Identity theft or misleading representation

Privacy violations:

Sharing personal information about others without consent

Violation of confidentiality or privacy

Unauthorised disclosure of sensitive information

Third-Party Privacy Considerations:

Chat summaries may inadvertently contain references to third parties mentioned in conversations

Users are responsible for obtaining appropriate consent before discussing others' personal information

Users should avoid sharing sensitive personal details about others (full names, addresses, private information)

Cephalgo cannot guarantee complete exclusion of third-party references from stored chat summaries

Third parties mentioned in conversations have not consented to data processing and users bear responsibility for privacy considerations

Threats and Legal Compliance (Non-Suicide):

Users acknowledge that Cephalgo operates as a technology platform and does not actively monitor conversations for content review

Any legal obligations regarding content will be addressed in accordance with applicable French and EU law

This does not apply to suicide-related content, which is addressed separately in Section 1.2 b)

Audio and Voice Content:

Voice recordings containing illegal content or activities

Audio that violates others' privacy or consent

Voice recordings made in private spaces without appropriate authorization

Audio content that could be used to impersonate or deceive others

Voice recordings containing copyrighted material (music, protected speech, etc.)

Background conversations or audio not intended for the service

3.2 Reporting and Moderation

Reporting mechanism:

Users can report any inappropriate content via the report button in the app

Reporting by email to: support@cephalgo.com

All reports are processed within a maximum of 48 hours

Moderation process:

Human review of all reported content

Application of appropriate measures depending on the severity of the violation

Notification to the user concerned of the measures taken

Possibility of appeal via support@cephalgo.com

Disciplinary measures:

Written warning

Temporary suspension of the account (from 24 hours to 30 days)

Permanent suspension of the account

Deletion of inappropriate content

Reporting to the appropriate authorities if necessary

3.3 User Responsibility

By using Listen, you agree to:

Comply with these rules of conduct

Report any inappropriate content that you become aware of

Use Listen responsibly and considerately

Not attempt to circumvent the moderation systems

3.4 Content Monitoring

Cephalgo monitors usage patterns to identify inappropriate content and jailbreaking attempts. Abnormal usage patterns may result in account suspension and investigation.

EMERGENCY RESOURCES AND SAFETY REMINDERS

4.1 Permanent Emergency Reminders

Constant display of emergency resources:

Listen permanently displays emergency numbers in the user interface

This information is visible at all times while using the application

The display is systematic and does not depend on automatic detection

Safety reminders are integrated into the interface for easy access

Emergency information displayed:

15: SAMU (medical emergencies)

112: European emergency number

3114: Suicide prevention (free, 24/7)

Constant reminder of the non-medical nature of the service

4.2 No Automatic Detection

Important clarification:

Listen has NO automatic emergency detection system

The app does NOT monitor the content of conversations to identify crises

No automatic analysis is performed to detect distress

Emergency numbers are displayed permanently and unconditionally

System limitations:

Listen cannot detect if you are experiencing a crisis

The app does NOT automatically recognise expressions of distress

No alert is generated in the event of an emergency

No signal is sent to the emergency services

4.3 Sole responsibility of the user

Your responsibility:

You are SOLELY responsible for assessing your state of distress

You must contact the emergency services by your own means

Do NOT rely on Listen to identify or report an emergency situation

Use the emergency numbers displayed if you feel the need to do so

Actions to take in the event of a crisis:

Dial the emergency numbers displayed directly

Go to the emergency room immediately if necessary

Do NOT continue to use Listen if you are in serious distress

Contact a loved one or a healthcare professional

4.4 Informative and Preventive Nature

Purpose of reminders:

Emergency numbers are displayed for preventive and informational purposes only

This information is intended to remind you of the resources available

The permanent display serves as a passive safety measure

No assistance service is provided directly by Cephalgo

General recommendations:

Memorise the emergency numbers independently of their display in Listen

Inform your loved ones that you are using the app

Maintain regular professional follow-up with a mental health professional

Only use Listen as a complement to appropriate professional support

4.5 Disclaimer

Limitation of liability:

Cephalgo declines all responsibility in the event of non-use of the emergency resources displayed

The mere provision of emergency numbers does not constitute an assistance service

The user acknowledges that they are aware of the limitations of the system

No guarantee is provided as to the effectiveness of safety reminders

END USER LICENCE AGREEMENT (EULA)

5.1 Licence Grant

Subject to compliance with these T&Cs, Cephalgo grants you a personal, non-exclusive, non-transferable, revocable and limited licence to:

Download, install and use the Listen app on your compatible personal devices

Access and use the text and voice features of Listen in accordance with its intended use

Record and store voice conversations for personal emotional well-being tracking

Access your voice recordings and audio data through the application interface

5.2 Licence Restrictions

You expressly agree not to:

Copy, modify, adapt, translate, create derivative works from, distribute, sell or rent all or part of Listen

Disassemble, decompile, reverse engineer or attempt to extract the source code of Listen

Remove, hide or alter any copyright, trademark or other proprietary notices

Bypass, disable or interfere with the security features of Listen

Use Listen in a manner that could damage, overload or compromise Cephalgo's systems

Use robots, spiders, search/retrieval applications or other automated devices

Collect or harvest personal data from Listen

Use Listen for commercial purposes without prior written permission

Regarding audio and voice features, you expressly agree not to:

Record, copy, or distribute voice conversations outside the intended use

Attempt to extract or reverse-engineer voice processing algorithms

Use voice recordings to train competing AI models or services

Share audio data containing references to third parties without consent

Use voice features to circumvent written content moderation systems

5.3 Updates and Modifications

Cephalgo may periodically develop and provide updates to Listen, which may include bug fixes, improvements, new features or new versions. Updates may be installed automatically without additional notification. You agree to these automatic updates.

If you do not want such updates, your only recourse is to stop using Listen.

5.4 Intellectual Property

Listen, including its content, features and user interface, is protected by French and international intellectual property laws. All rights, title and interest in and to Listen (except for user data) are and will remain the exclusive property of Cephalgo and its licensors.

'Listen', the Listen logo and all associated names, logos, icons and trademarks are trademarks or registered trademarks of Cephalgo. No right or licence is granted in relation to these trademarks without the prior written consent of Cephalgo.

5.5 Feedback and Suggestions

If you provide comments, ideas or suggestions regarding Listen ('Feedback'), you grant Cephalgo a worldwide, perpetual, irrevocable, transferable, royalty-free licence to use, reproduce, distribute, modify, adapt, create derivative works from, publicly display, publicly perform and otherwise exploit such Feedback for any purpose, without compensation or restriction.

5.6 Service Improvement and Demonstration of Effectiveness

By using Listen, you agree that Cephalgo may collect and analyse anonymised usage data for the following purposes:

To improve the quality and effectiveness of the service

To conduct studies on user usage and satisfaction

Produce anonymous effectiveness reports to demonstrate the benefits of the service

Communicate about the performance and benefits of digital wellbeing

This data is strictly anonymous and does not allow for identification. You can refuse this collection in your settings without affecting your access to the service.

5.7 Termination of the Licence

This licence is effective until terminated by you or Cephalgo. Your rights under this licence will automatically terminate if you fail to comply with any of the terms of these Terms of Use. Upon termination of the licence, you must cease all use of Listen and uninstall the application from your devices.

RIGHT OF WITHDRAWAL

6.1 Withdrawal Period

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the user has a right of withdrawal of fourteen (14) calendar days from the date of subscription to the premium service. During this period, the user may exercise their right of withdrawal without having to justify their reasons or pay any penalties.

6.2 Exercising the Right of Withdrawal

The right of withdrawal may be exercised:

Directly on the website/application:

Via the 'Request a refund' button in the subscription settings

Available for 14 days after subscription

Automatic refund processed within 14 days

Alternatively, the request can be sent by email to contact@cephalgo.com or by post to our registered office.

6.3 Refund

Refund terms:

Full refund of the amount paid

Maximum period of 14 days following notification

Use of the same means of payment as for the initial transaction

Confirmation by email of the refund made

INTELLECTUAL PROPERTY

7.1 Cephalgo's rights

All elements of Listen, including without limitation text, graphics, images, logos, icons, sounds, software, and their selection and arrangement, are the exclusive property of Cephalgo and are protected by French and international intellectual property laws.

It is strictly prohibited to reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or to exploit in any way whatsoever, all or part of Listen without the prior written authorisation of Cephalgo.

7.2 Licence of Use

Cephalgo grants the user a personal, non-exclusive, non-transferable and revocable licence to use Listen on their personal devices, in accordance with these T&Cs.

The user undertakes not to:

Copy, modify or create derivative works from Listen

Disassemble, decompile or attempt to extract the source code from Listen

Distribute, transfer, sublicense, rent or sell Listen

Circumvent the technical limitations or security measures of Listen

7.3 User Content

By using Listen, the user may share content in the form of text conversations, voice recordings, personal information or other data ('User Content'). The user retains all rights to their User Content.

By submitting User Content, including voice recordings and audio data, the user grants Cephalgo a worldwide, non-exclusive, free, transferable and sub-licensable licence to use, copy, modify, distribute, publish and process this User Content for the purposes of:

Providing and improving Listen's text and voice features

Developing new conversation and audio processing capabilities

Analysing usage patterns in an anonymised manner (including voice interaction patterns)

Comply with legal obligations

Processing voice data for real-time conversation generation

Voice Data Specific Licensing:

Voice recordings may be processed for speech-to-text conversion

Audio characteristics may be analyzed for service improvement (anonymized)

Voice data may be used to enhance AI conversation quality and responsiveness

Audio processing includes real-time analysis for immediate service delivery

Data Retention and License Duration:

The license you grant to Cephalgo for your User Content continues for as long as your conversation data is retained in our systems

When you delete conversation data, the associated content license terminates

You retain the right to revoke this license by deleting your conversation data at any time

DATA MANAGEMENT AND CONFIDENTIALITY

8.1 Data Retention

During the active period of use:

Secure storage of all user data

Encryption of conversations and reports

Controlled access to personal information

After termination:

Data retention for 30 days

Read-only access to generated reports

Option to export all personal data

Beyond 30 days:

Permanent deletion of personal data

Retention limited to data required by law

Deleted data cannot be restored

8.2 Limitations of Liability Related to Data and Reports

a) Accuracy of Data

The analyses and reports generated are provided for information purposes ONLY

No guarantee is provided as to the accuracy of the analyses

The reports are NOT official medical documents

The data may be incomplete or inaccurate

b) Disclaimer regarding reports We accept NO responsibility for:

The accuracy of the reports generated

The use made of the reports

Decisions taken on the basis of the reports

The interpretation of reports by third parties

The direct or indirect consequences of using the reports

c) Use of Reports

You are free to share reports with professionals

The reports are NOT a substitute for a professional diagnosis

We are NOT responsible for the interpretation made by professionals

We do NOT guarantee the relevance of the reports for professional use

d) Technical Limitations

Reports may contain technical errors

The service may generate incomplete analyses

Data may be affected by technical problems

The availability of reports is not guaranteed

e) User Responsibility for Data Management

You are solely responsible for managing your conversation data retention preferences

You must actively delete conversation data if you no longer wish it to be retained

We are NOT responsible for:

Data retained because you chose not to delete it

Consequences of your data retention decisions

Loss of data you chose to delete

Storage costs associated with long-term data retention

f) Audio and Voice Data Limitations We accept NO responsibility for:

Accuracy of speech-to-text conversion

Misinterpretation of voice tone or emotion

Audio quality issues due to device or environmental factors

Voice processing errors or system failures

Loss of voice recordings due to technical issues

Inappropriate automatic responses to voice inputs

Privacy implications of voice recordings made in shared spaces

8.3 Privacy Policy

The processing of personal data is detailed in our Privacy Policy, which forms an integral part of these Terms of Use. By using Listen, the user also accepts our Privacy Policy.

8.4 User Data Management Responsibilities

Your Obligations:

Regularly review your stored conversation data

Avoid conversations containing sensitive information about third parties

Manage your retention preferences according to your needs

Respond to our annual retention review requests

Export important data before deletion if needed

Inactive Account Management:

Accounts inactive for 6 months may be subject to data deletion after notification

You have 30 days to respond to our retention confirmation request

If you don't respond within 30 days, data deletion will begin

You are responsible for maintaining account activity if you wish to retain data

We will attempt to contact you at your registered email address before any deletion

COMPLAINTS PROCEDURE

9.1 Customer Service

Contact details: a) Email: support@cephalgo.com b) Online form: available 24/7 on the app c) Post: Cephalgo SAS, Complaints Department, 8 rue des Veaux, 67000 Strasbourg, France

Customer Service hours:

Monday to Friday: 9am to 6pm

Response within 48 working hours maximum

Technical support available 24/7 for technical emergencies

9.2 Complaint Handling

Handling Process:

Automatic acknowledgement of receipt

Initial analysis within 48 working hours

Detailed response within 14 days maximum

Regular progress updates by email

Proposal of an appropriate solution

Validation with the user

9.3 Mediation

In the event of a dispute that cannot be resolved directly with our customer service department, you may contact the following consumer ombudsman free of charge:

Consumer Ombudsman: CNPM Médiation Consommation 27 avenue de la Libération 42400 Saint-Chamond Website: https://cnpm-mediation-consommation.eu Email: contact@cnpm-mediation-consommation.eu

TERMINATION

10.1 Termination by the User

The User may terminate their subscription at any time in accordance with the following terms and conditions:

Means of Termination:

Via the personal account in the application

By email to support@cephalgo.com

By post to the registered office address

Termination Process: Termination will be processed within a maximum of 48 working hours. The user will receive written confirmation of their termination request, specifying the effective date of termination of the subscription.

10.2 Terms of Termination

Financial Implications:

No termination fees apply

Premium access is maintained until the end of the billing period

Pro-rata refunds are not applicable for periods already started

Automatic payments are stopped immediately

Data Retention During Active Use:

Your conversation data is retained as long as you maintain an active account and choose not to delete it

You have full control over your conversation history and can delete it at any time

We may prompt you to review retention of conversations older than 2 years

Accounts inactive for 6 months will be contacted for retention confirmation

Upon Account Termination:

Immediate Actions:

Voice recording access ends immediately

Audio processing for new conversations stops

Voice data marked for deletion according to retention policy

Transition Period (30 days):

Read-only access to voice recordings and transcripts

Option to export all audio data and voice conversation transcripts

Voice recordings retained for 30 days maximum before automatic deletion

After 30 days:

Permanent deletion of all voice recordings and audio data

Only anonymized voice interaction statistics may be retained for service improvement

Audio processing logs deleted from all systems

User Control:

You can request immediate deletion of all data without the 30-day transition period

You can opt out of anonymized data retention for service improvement before termination

10.3 Termination by Cephalgo SAS

Cephalgo SAS reserves the right to terminate or suspend an account in the following cases:

Failure to comply with the terms and conditions of use

Fraudulent or abusive use of the service

Failure to pay after several reminders

Violation of content moderation rules

At the request of the competent authorities

In these cases:

The user will be notified by email

A minimum notice period of 7 days will be observed (except in serious cases)

The reasons for termination will be clearly stated

An appeal procedure will be offered

EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

11.1 Exclusion of Warranties

To the extent permitted by applicable law, Listen is provided 'as is' and 'as available' without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Cephalgo does not warrant that:

Listen will meet your specific requirements

Listen will be available uninterrupted, timely, secure or error-free

The results that may be obtained from the use of Listen will be accurate or reliable

The quality of Listen will meet your expectations

Any errors in Listen will be corrected

Data Retention Disclaimers:

We do not guarantee indefinite data storage availability

Technical failures may result in data loss despite retention preferences

You are responsible for creating your own backups of important conversations

Storage infrastructure changes may require data migration or deletion

11.2 Limitation of Liability

To the extent permitted by applicable law, Cephalgo shall not be liable for:

Any indirect, incidental, special, consequential or punitive damages

Loss of profits, revenue, data, use, reputation or other intangible losses

Damages resulting from service interruption or technical malfunctions

Damages resulting from errors, inaccuracies or omissions in the content generated by AI

Damages resulting from decisions made based on conversations with Listen

Damages resulting from the use or inability to use Listen

Cephalgo's total liability for any claim arising out of or related to the use of Listen shall in no event exceed the amount paid by you to Cephalgo during the twelve (12) months preceding the event giving rise to the claim.

These limitations of liability apply even if Cephalgo has been informed of the possibility of such damages.

CONSUMER PROTECTION

12.1 Legal Guarantees

Compliance of the Service: The service is provided in accordance with the provisions of the Consumer Code and guarantees:

Compliance with the descriptions provided

Suitability for the needs expressed

The expected quality and safety

Continuity of the service in accordance with the conditions provided

Data Protection:

Compliance with the GDPR

Encryption of personal data

Secure hosting in the European Union

Right of access, rectification and deletion

12.2 Use by Ages

Access to Listen is intended for adults (18 years of age and older).

GENERAL PROVISIONS AND MODIFICATIONS

13.1 Modifications to the Terms

Any modification to these terms shall be subject to:

Notification by email 30 days before they come into effect

A clear announcement in the application

The new version being made available on our website

A summary of the main changes

Users then have the following options:

Accept the new terms

Cancel their subscription free of charge if they do not accept the changes

Request clarification from customer service

Data Retention Policy Changes:

Changes to data retention periods will be notified 30 days in advance

You may export your data before policy changes take effect

Shortened retention periods will not apply retroactively to existing data without explicit consent

You may terminate your account without penalty if you disagree with retention policy changes

13.2 Applicable Law and Jurisdiction

These terms and conditions are subject to French law. In the event of a dispute:

The French courts shall have jurisdiction

The English version of the terms and conditions shall prevail

Mediation is preferred for the resolution of disputes

13.3 Force Majeure

The service may be interrupted in the event of force majeure, including:

Natural disasters

Major technical failures

Large-scale cyber attacks

Other unforeseeable and insurmountable events

13.4 Severability

If any provision of these Terms of Use is found to be illegal, void or unenforceable, it shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

13.5 Assignment and Business Transfers

Cephalgo reserves the right to assign or transfer all or part of its rights and obligations under these Terms of Use to a third party. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

In the event of such business transfer:

Users will be notified of any change in data handling

The acquiring entity will be bound by the same privacy protections

Users retain all rights regarding their personal data including voice recordings

Users may request data deletion before the transfer is completed

The applicable privacy policy will continue to govern data use

The user may not assign or transfer their rights and obligations under these Terms of Use without the prior written consent of Cephalgo.

13.6 Entire agreement

These T&Cs, the Privacy Policy and any applicable special conditions constitute the entire agreement between the user and Cephalgo regarding the use of Listen.

CONTACT

If you have any questions about these T&Cs or Listen, please contact us:

By email: contact@cephalgo.com

By telephone: 07 88 40 85 06

By post: Cephalgo SAS, 8 rue des Veaux, 67000, Strasbourg, France

LEGAL NOTICE

15.1 Publisher of Listen

Cephalgo SAS

Simplified joint stock company with capital of 45 168 euros

RCS Strasbourg no. 904447323

Intra-community VAT no.: FR 72904447323

Registered office: 8 rue des Veaux, 67000 Strasbourg, France

Publishing director: Hsin-Yin Chiang

Email: contact@cephalgo.com

Telephone: 07 88 40 85 06

15.2 Host

Amazon Web Services EMEA SARL (acting through its French branch)

Limited liability company with capital of €25 000

RCS Luxembourg No. B186284

Registered office: 38 avenue John F. Kennedy, L-1855 Luxembourg

15.3 Intellectual Property

All elements constituting Listen, including the software, text, graphics, images, photographs and other content, are the exclusive property of Cephalgo or are subject to authorisation for use by third parties who hold the rights.

Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of Listen or its content, by any means whatsoever and on any medium whatsoever, is prohibited.

DATA PORTABILITY AND CONTROL

16.1 Data Export Rights

Export includes emotion journaling reports

Export does not include anonymized analytics data

16.2 Voice and Audio Terms

Microphone Access and Permissions

Users must grant microphone permission for voice features

Microphone access can be revoked at any time through device settings

Voice features are optional and not required for basic service functionality

Users are responsible for ensuring appropriate microphone usage

Audio Quality and Technical Requirements

Voice features require compatible audio hardware

Internet connectivity necessary for voice processing

Audio quality may vary based on device and environmental conditions

Users acknowledge technical limitations of voice processing

Voice Data Processing Consent By using voice features, users consent to:

Real-time audio processing for conversation generation

Temporary storage of voice recordings for service functionality

Voice data analysis for service improvement (anonymized)

Audio transmission to EU-based processing servers

Audio Privacy and Third-Party Considerations

Users are responsible for obtaining consent before recording in shared spaces

Voice recordings should not capture other individuals without their knowledge

Users must comply with local recording laws and privacy regulations

Audio data may inadvertently contain background voices or sounds

16.3 Granular Data Control

Delete individual conversations or date ranges

Set automatic deletion schedules

Configure retention preferences by conversation type

Bulk deletion options available

16.4 Data Retention Notifications

Annual retention review reminders

Notifications before any automated deletion

30-day notice period for inactive account data deletion

Confirmation emails for all deletion actions

By ticking the box 'I accept the Terms and Conditions of Use and the Privacy Policy', you acknowledge that you have read, understood and accepted all of the above terms and conditions, including the disclaimer and the end user licence agreement (EULA).

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