Terms and Conditions

1. About these Terms

These Terms and Conditions (“Terms”) govern your use of the Positive Solutions app (the “App”). The App includes the website and web app at positivesolutions.app, the Android app and any future iOS app.

The App is operated by SAS Positive Solutions (“Positive Solutions”, “we”, “us”). By using the App, you accept these Terms. If you do not accept them, please do not use the App.

Our Privacy Policy and our GDPR page explain how we handle your personal data. They form part of these Terms.

We update these Terms from time to time. Section 16 explains how.

2. Legal notice

Publisher

SAS Positive Solutions, a French simplified joint-stock company (société par actions simplifiée) with share capital of €1,000, registered with the Marseille Trade and Companies Register (RCS) under number 933 999 658, SIRET 933 999 658 00018, VAT number FR47933999658, registered office 14 rue Bonnefoy, 13006 Marseille, France.

Contact: privacy@positivesolutions.app

Director of publication: Thierry Daher

Hosting

Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Telephone: +353 1 543 1000. The App is hosted on Google Cloud / Firebase infrastructure located in Western Europe.

3. Who can use the App

• You must be at least 18 years old to use the App.
• Individuals use the App for their own personal purposes.
• A company account may only be created by a person authorized to represent that company.

4. What the App offers

• Self-assessment questionnaires on workplace stress, well-being and burnout, with your results and, if you have an account, your results history.
• The option to share your results with someone you choose.
• For companies: a portal showing anonymized, aggregated results of the employees who chose to take part (section 8).

We may add, change, suspend or remove features at any time, in particular during the App’s early development.

5. Indicative results, not medical advice

• The App does not provide a diagnosis, a medical screening or a treatment. No result means that you have, or do not have, a health condition.
• If you are concerned about your health, please talk to a doctor or a qualified health professional.
• If you are in immediate danger, call your local emergency number (in France: 15 or 112).
• You remain responsible for the decisions you make based on your results.

6. Using the App with or without an account

• You can take a questionnaire without creating an account. With your consent, your answers are then kept under an anonymous identifier for 30 days, then deleted.
• You can create an account with Google sign-in or with an email address and password. An account lets you save your results, view your history and share results.
• You agree to provide accurate information, keep your login details confidential and tell us if you think your account has been misused.
• You can delete your account at any time from your account settings or by contacting us.
• Accounts with no login for 2 years are deleted. We notify you by email before this happens.

7. Sharing your results

• You can choose to share your results through a secure link sent by email.
• The recipient must create an account to view them.
• You decide what you share and with whom. Once someone has seen your results, we cannot control what they do with that information.

8. Company accounts

• A company can invite its employees to take part by sharing a company code or link.
• Participation is voluntary. Employees take part as individuals, under their own account, and decide whether to include their answers in their company’s statistics.
• The company only sees anonymized, aggregated results. It never sees an employee’s individual answers, scores or identity, nor who took part.
• Results, filters (such as team, site or age band) and participation counts are only shown for groups of at least 5 respondents.

The company undertakes:

• not to make participation mandatory, and not to reward or penalize employees for taking part or not;
• not to attempt to identify any individual from the results;
• not to use the results to make decisions about an individual employee.

Company accounts are also governed by a separate contract signed with Positive Solutions. If that contract and these Terms conflict, the contract prevails.

9. Acceptable use

You agree not to:

• use the App for unlawful purposes or in a way that harms others;
• create an account in someone else’s name or answer questionnaires on behalf of another person without their agreement;
• copy, scrape, reverse-engineer or disrupt the App, or use automated means to access it;
• attempt to access data that is not yours.

We may suspend or close an account that breaches these Terms.

10. Intellectual property

The App, its design, texts, visuals (including the lotus results visual), software and the Positive Solutions brand belong to SAS Positive Solutions or its licensors. You may use the App for its intended purpose only. You may not reproduce or reuse any part of it without our written permission.

The questionnaires remain the property of their authors and publishers (section 11).

11. Sources and licences

The App uses scientifically validated questionnaires, reproduced in their published wording. Their authors and publishers have not reviewed or endorsed the App.

• HSE Management Standards Indicator Tool: Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence v3.0.
• WHO-5 Well-Being Index: [citation and wording required by WHO — pending WHO permission]
• Copenhagen Burnout Inventory (CBI): Kristensen, T. S., Borritz, M., Villadsen, E., & Christensen, K. B. (2005). The Copenhagen Burnout Inventory: A new tool for the assessment of burnout. Work & Stress, 19(3), 192–207.

12. Free service and future paid versions

• The App is currently free.
• We may introduce paid features or subscriptions in the future, for individuals or companies.
• Before any purchase, we will show you the price, payment terms and, where applicable, your right of withdrawal. Nothing will ever be charged without your explicit agreement.
• Specific terms of sale will apply to paid versions.

13. Availability

We do our best to keep the App available and accurate, but we cannot guarantee that it will be uninterrupted or error-free. We may interrupt it for maintenance or updates.

14. Liability

To the extent permitted by law, Positive Solutions is not liable for:

• decisions you make based on your results;
• indirect losses, or losses caused by your misuse of the App or by events outside our control.

Nothing in these Terms limits liability that cannot be limited by law, or your statutory rights as a consumer.

15. Ending your use of the App

You can stop using the App and delete your account at any time. We may suspend or close an account in case of breach of these Terms, after notice where possible.

16. Changes to these Terms

We update these Terms from time to time, for example when we add features, change providers or when the law changes.

• The “Last updated” date at the top shows the current version.
• For significant changes, we notify you by email or in the App at least [30] days before they apply.
• If you continue to use the App after that date, the new Terms apply. If you do not agree, you can delete your account.

17. Governing law and disputes

• These Terms are governed by French law.
• If you have a complaint, please contact us first in writing at privacy@positivesolutions.app. We aim to reply within 30 days.
• If you are a consumer and we cannot resolve the matter, you can refer it free of charge to our consumer mediator: Corinne Tomas-Bezer, lawyer and mediator, Marseille Bar (LinkedIn, Doctrine).
• Any dispute will be brought before the courts of Marseille, France. If you are a consumer, you may also bring proceedings before the courts of your place of residence, and you keep the protection of the mandatory laws of your country of residence.

18. Language

These Terms are currently available in English. Once a French version is published, the French version prevails for users in France and the English version prevails for users outside France.

19. Contact

SAS Positive Solutions, 14 rue Bonnefoy, 13006 Marseille, France — privacy@positivesolutions.app