1. Introduction
1.1. These Terms and Conditions of Use and Sale (hereinafter "T&C") govern the legal relationship between the simplified joint-stock company PROVIDENCE S.A.S., with a share capital of €4,000, registered with the Paris Trade and Companies Register under number 911 416 501, with its registered office at 11 rue de Sontay, 75016 Paris, France (hereinafter "Providence"), provider of a digital platform offering wellness, relaxation, and menopause management services based on vibratory sound frequencies, accessible at www.fiftycare.fr (the "Website") or via the FIFTYCARE mobile application (the "App", the Website and App collectively referred to as the "Platform"), and any individual wishing to access the Platform and use the Services (the "Users", together with Providence, the "Parties").
1.2. The Platform is published by Providence. The Website is hosted by WordPress and the App is hosted by OVHcloud. Contact: contact@fiftycare.fr
1.3. These T&C constitute a legally binding agreement between the Parties regarding the use of the Platform and Services.
1.4. Any access to or use of the Platform implies acceptance of these T&C in full. Users who do not accept these T&C are asked not to use the Platform.
1.5. Providence reserves the right to modify these T&C at any time, subject to 15 days' prior notice to registered Users, during which Users who refuse the modifications may unsubscribe from the Platform.
1.6. The Services are not intended for children under 13 years of age. By using the Platform, Users declare they are at least 13 years old and that all information provided is accurate.
1.7. These T&C must be read together with the Privacy Policy.
2. Description of the Platform and Services
2.1. Providence offers Users an innovative approach to help them manage the menopause transition and improve their symptoms, through programmes based on bio-resonance principles that stimulate the body via vibratory sound frequencies (the "Services" or "FiftyCare"), as well as complementary products (the "Products").
2.2. The Platform enables Users to: (i) browse general information and content, accessible without registration; (ii) create a personal account and subscribe to various subscription plans.
2.3. Providence reserves the right to suspend or discontinue availability of the Platform for any reason, including security or maintenance, after informing Users unless the change is minor.
3. Platform access and required equipment
3.1. Access to the Platform is provided "as is" and "as available", without any express or implied warranty.
3.2. Users must have a compatible iOS or Android device or a web browser, and an internet connection (connection costs borne by the User). Cookies may be installed during use — see the Privacy Policy.
3.3. Providence undertakes to use all reasonable means to ensure quality access to the Platform 24/7, without any obligation to achieve this, particularly in case of network failure or events beyond its control.
3.4. Providence may temporarily interrupt access to the Platform without notice for security, maintenance or improvement purposes. Providence shall not be liable for any resulting damages, including data loss.
4. Acceptable use policy
4.1. Users are prohibited from:
- Reverse engineering, decompiling, modifying or creating derivative works from any software used to provide the Services;
- Using the Services to infringe third-party intellectual property rights;
- Collecting information about other Users;
- Accessing the Platform via automated methods without prior written authorisation;
- Uploading viruses or malicious code;
- Accessing another User's account;
- Using the Platform for any unlawful, illegal, malicious or discriminatory purpose;
- Publishing abusive, obscene, defamatory, threatening or pornographic content.
4.2. Any breach of these T&C entitles Providence to remove non-compliant content, and to block, suspend or restrict the User's access to the Platform.
5. Medical disclaimers and safety guidelines ⚠️
5.1. All content and advice available on the Platform is provided for general information purposes only. It is not a substitute for professional medical advice.
5.2. Energy frequencies must only be listened to using headphones or earphones (wired or wireless). The use of compresses or contact devices is prohibited. Products must not be applied to skin with open wounds, sores, rashes, or swollen, infected or irritated areas. If any irritation occurs, stop use immediately and consult a doctor. In case of emergency, contact emergency services immediately.
5.3. For any use outside of menopause symptoms, Users must refer to the programme instructions and listed contraindications.
5.4. Physical symptoms: In rare cases, some users may experience fatigue after use. It is recommended not to complete more than 2 programmes per session. In case of nausea, pain or other symptoms, stop use immediately and consult a doctor.
5.5. The Services are not intended to treat or prevent disease. In case of a specific medical condition (fibroid, cyst, uterine cancer, etc.), consult a doctor before use.
5.6. Use of the Services does not replace Users' own judgement and is not a substitute for medical consultation.
6. Registration and access to Services
6.1. Access to general content does not require registration.
6.2. Full access to all Services is reserved for registered Users who have accepted these T&C.
6.3. Registration is completed by providing a valid email address, username and password. Registration is open to individuals aged at least 13 years with the legal capacity to enter into a contract. For minors under 18, the account must be created with the consent of their legal guardians.
6.4. Information provided must be personal, accurate, complete and kept up to date. Users must notify Providence without delay of any changes.
6.5. Accounts are strictly personal and non-transferable. Users are responsible for the confidentiality of their login credentials. In case of loss, theft or unauthorised activity, Providence must be notified immediately.
7. Subscription plans and payment
7.1. The Platform offers three subscription plans:
FREEMIUM Plan
- 15 free calendar days, then €14.90 / month
- Initial commitment: 1 month, auto-renewable
- Access to all programmes + personalised protocol
- Cancel at any time
PREMIUM Plan
- 15 free calendar days, then €37.90 / month
- Initial commitment: 3 months, auto-renewable
- Access to all programmes + personalised protocol
- Cancel at any time
PRIVILEGE Plan
- 15 free calendar days, then €99.90 / month
- Initial commitment: 12 months, auto-renewable
- Access to all programmes + personalised protocol
- Cancel at any time
One month = 30 calendar days. One year = 365 days.
7.2. To subscribe, Users select their plan, complete the required fields, accept these T&C and confirm by clicking "CONFIRM AND PAY". An order confirmation is sent by email. Providence's obligation to provide the Service begins upon receipt of payment confirmation.
7.3. Payment methods: Android: Stripe or PayPal. Apple: Apple Pay.
7.4. Banking details are not retained by Providence. Computerised records constitute proof of transactions between the Parties.
7.5. Payments are made by monthly automatic recurring direct debit.
7.6. The first payment is made at subscription. No partial refund will be granted for unilateral cancellation without cause during an ongoing period.
7.7. Providence may modify pricing with one (1) month's prior notice by email. Users who refuse the change may cancel their subscription in their account settings.
8. Cancellation and right of withdrawal
8.1. Cancellation by the User: Users may cancel their subscription at any time via their account settings. Cancellation takes effect at the end of the current billing period.
8.2. Termination by Providence: Providence may suspend or terminate access without notice in case of fraud, breach of T&C, non-payment, unauthorised copying of content or licence violation.
8.3. Right of withdrawal: In accordance with applicable French consumer protection law (Articles L.221-18 et seq. of the French Consumer Code), Users have 14 calendar days from the date the Service begins to exercise their right of withdrawal, provided the Services have not been fully performed. Refunds will be processed within a maximum of 14 days from notification of withdrawal. To exercise this right: contact@fiftycare.fr
9. User-generated content
9.1. Users may share content (text, photos, videos, etc.) on the Platform (the "Content").
9.2. By publishing Content, Users grant Providence a non-exclusive, irrevocable, worldwide, royalty-free licence to use, reproduce, distribute and sublicense such Content solely for the purpose of improving the Services.
9.3. Users are solely responsible for their published Content and warrant it complies with all applicable laws and third-party rights.
9.4. Providence reserves the right to remove any non-compliant Content without notice.
10. Limitation of liability
10.1. Providence's obligations under these T&C are best-efforts obligations.
10.2. Providence has no control over how Users use or interpret information from the Platform. All such use is the User's sole responsibility.
10.3. Platform content does not substitute for medical diagnosis or prescription.
10.4. Providence's liability is limited to cases of gross or wilful misconduct, except for personal injury or death. In any event, the total amount of any damages awarded against Providence shall not exceed the total sums paid by the User during the preceding 6 months.
11. Intellectual property
11.1. The Platform and all its content (texts, graphics, logos, videos, sounds, software) are protected by intellectual property rights held by Providence and/or third parties. Any reproduction or use without prior written consent of Providence is strictly prohibited.
11.2. Providence grants Users a personal, non-exclusive, non-transferable, temporary and revocable licence to use the Platform.
12. Hyperlinks
12.1. Links to third-party websites are provided for information purposes only. Providence is not responsible for their content.
12.2. Users are prohibited from creating links from the Platform to external sites.
12.3. Hyperlinks to a page of the Platform are authorised, subject to respecting Providence's rights and not misrepresenting the content of that page.
13. Personal data
13.1. Providence collects and processes Users' personal data in accordance with French Law No. 78-17 of 6 January 1978 (Loi Informatique et Libertés) as amended, and the General Data Protection Regulation (GDPR). Users may exercise their rights of access, opposition, rectification and erasure at any time.
13.2. The Privacy Policy forms an integral part of these T&C.
14. Evidence and archiving
14.1. Computer data generated through use of the Platform may be retained and archived by Providence in conditions ensuring their integrity.
14.2. Such data shall constitute evidence of communications and transactions between Users and Providence.
15. General provisions
15.1. All notices shall be sent by email: to Users at their registered email address; to Providence at contact@fiftycare.fr
15.2. If any provision of the T&C is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3. Any failure by Providence to exercise a right under the T&C shall not constitute a waiver of that right.
15.4. Providence may assign this agreement to a third party without prior notice. It may also subcontract all or part of the Services to providers meeting equivalent qualification standards.
16. Governing law and dispute resolution
16.1. These T&C are governed exclusively by French law.
16.2. In the event of a dispute, Users agree to first attempt to resolve the matter amicably by contacting Providence at contact@fiftycare.fr. Providence undertakes to respond within 30 days.
16.3. Any claim must be brought within one (1) year of the triggering event or account deactivation, failing which it shall be time-barred.
16.4. Any dispute shall be subject to French law and the exclusive jurisdiction of the courts of Paris.