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PREAMBLE

These General Terms of Use and Sale (hereinafter "T&Cs" or "General Terms") govern access to and use of the website www.heleneb.fr (hereinafter the "Site") as well as the purchase of online and in-person training courses offered by Hélène B Academy. Browsing the Site and purchasing training courses implies full and unreserved acceptance of these T&Cs. The User acknowledges having read the General Terms in their entirety and accepts them without reservation.

ARTICLE 1 – Legal notices and identification of the Publisher

The Site www.heleneb.fr is published by:

• Company name: Helene Bourguignon – Hélène B Academy
• Legal status: Independent liberal professional
• Registered office: 321 avenue de la Pergola, 06390 Bendejun, FRANCE
• SIRET number: 753 407 253 00032
• Activity registration number: 93061231406 (registered with DREETS Provence Alpes Cote d'Azur)
• Legal representative: Mrs Helene Bourguignon
• Phone: +33 6 67 28 17 78
• Email: contact@heleneb.fr

Publication director: Mrs Helene Bourguignon

Site host

Google Ireland Limited
Gordon House, Barrow Street
Dublin 4
Ireland

ARTICLE 2 – Definitions

• Site: the website accessible at www.heleneb.fr
• User: any natural or legal person browsing the Site
• Client: the User who has purchased a Training course
• Training: the online and in-person training courses offered for sale on the Site
• User Account: the personal space created by the User
• Content: all elements present on the Site (texts, images, videos, educational materials, etc.)
• T&Cs: these General Terms of Use and Sale

ARTICLE 3 – Scope of application

These T&Cs apply without restriction or reservation to all services offered by Hélène B Academy on the Site www.heleneb.fr. They constitute the sole basis of the contractual relationship. No special conditions may, unless expressly agreed in writing, prevail over these Terms. Hélène B Academy may amend the T&Cs at any time; the applicable conditions are those in force on the date of the order.

ARTICLE 4 – Purpose of the Site

The Site offers for sale professional training courses in eyelash extensions, lash and brow lifts, and related aesthetic techniques, both online (videos, downloadable resources, exercises) and in-person (at the student's home, Saint-Tropez – Monaco area).

ARTICLE 5 – Access to the Site

5.1. Free access

Access to the Site is free for any User with an Internet connection. The associated costs (equipment, software, connection) are borne by the User.

5.2. Maintenance and service interruption

Hélène B Academy may modify, suspend or interrupt all or part of the Site for maintenance or technical reasons, without compensation. Hélène B Academy shall not be held liable for interruptions and their consequences.

ARTICLE 6 – Creating a User Account

6.1. Account creation requirement

Purchasing training courses requires the prior creation of a User Account.

6.2. Required information

• First and last name
• Valid email address
• Secure password
• Phone number

The User guarantees the accuracy and up-to-date nature of this information.

6.3. Account security

The User is solely responsible for the confidentiality of their login credentials. Any use of the account is deemed to have been carried out by them, unless proven otherwise. In case of fraudulent use, please immediately notify contact@heleneb.fr.

6.4. Suspension or deletion

Hélène B Academy may suspend or delete an account in case of breach (false information, IP violation, inappropriate behaviour, unauthorised sharing of content, etc.).

ARTICLE 7 – Order and purchase process

7.1. Steps

• Selection of the Training course
• Creation/login to User Account
• Verification of the order summary
• Cart validation and acceptance of the T&Cs
• Choice of payment method and settlement
• Order confirmation by email

7.2. Validation

The order is definitively validated after full payment and receipt of the confirmation email. Validation constitutes full and unreserved acceptance of the T&Cs, prices and training course characteristics.

ARTICLE 8 – Prices and payment methods

8.1. Prices

Prices are in euros, inclusive of all taxes. Continuing professional training courses are exempt from VAT (art. 261-4-4 CGI). Rates are subject to change; applicable rates are those at the time of order.

8.2. Payment

• Credit/debit card (Visa, Mastercard, American Express)
• PayPal
• Other payment methods offered on the Site

In-person: full payment before the training date via payment link.

8.3. Security

SSL-secured transactions. Bank details are never stored and are handled by secure service providers.

8.4. Invoice

Invoice sent by email and accessible from the User Account.

ARTICLE 9 – Right of withdrawal and express waiver

9.1. Online training courses

In accordance with art. L221-28 of the Consumer Code, there is no right of withdrawal for digital content not supplied on a tangible medium whose execution has begun after prior agreement and express waiver. By validating their order, the Client acknowledges the immediate start of the service and waives their right of withdrawal; no refund after payment.

9.2. In-person training courses

Under art. L6353-5 of the Labour Code, continuing professional training provides for a 10-day right of withdrawal from the date of signature; however, given the private and bespoke nature, the Student acknowledges waiving this right and accepts an immediate start/within less than 10 days. No cancellation or refund once the booking is confirmed and paid.

9.3. Exceptions – Force majeure

ARTICLE 10 – Access and availability period of training courses

10.1. Online access

Immediate activation after payment and confirmation email.

10.2. Access duration

• Foundation Pack: 1 training course, 3 months
• Expert Pack: 2 training courses, 4 months
• Elite Pack: 4 training courses, 6 months

Subscription: guaranteed access until unsubscription (cancellable at any time from the Account).

10.3. Expiry

Upon expiry, access ceases. No extension or refund in case of non-use.

10.4. In-person

At the student's home (Saint-Tropez – Monaco), full day 9:30am-12:30pm / 1:30pm-4:30pm. Travel included.

Equipment:

• Standard training: equipment not provided (list sent by email).
• Expert Pack: complete kit provided (details in Annex).

Certification: PDF certificate in the name of Hélène B Academy.

ARTICLE 11 – Intellectual property

11.1. Rights

All content (texts, images, videos, logos, materials) is the exclusive property of Hélène B Academy or its partners and is protected by intellectual property law. Any reproduction, representation, modification, publication or distribution without written authorisation is prohibited (sanctions L335-2 et seq.).

11.2. Limited use licence

Personal, non-exclusive, non-assignable and non-transferable licence, strictly for private use. Prohibited activities include:

• Copying, reproducing, distributing to third parties
• Sharing login credentials
• Downloading / screen capturing videos
• Commercial use without authorisation
• Modification / derivative works

11.3. Penalties

• Immediate suspension of access without refund
• Account deletion
• Prosecution for counterfeiting (up to EUR 300,000 fine and 3 years imprisonment – L335-2, L335-3 CPI)

ARTICLE 12 – Liability

12.1. Liability of Hélène B Academy

Quality and up-to-date training courses. No liability for: indirect damages, temporary interruptions, misuse of techniques, commercial results, force majeure.

12.2. Liability of the User

• Use of content
• Security of login credentials
• Required equipment/connection
• Compliance with applicable regulations
• Damages caused to third parties

12.3. Limitation

Liability limited to the amount paid for the relevant training course.

ARTICLE 13 – Warranties

13.1. Conformity

Conformity with descriptions and announced quality standards.

13.2. Availability

Access maintained for the contractual period. In case of technical unavailability > 7 consecutive days (excluding scheduled maintenance), an equivalent extension is granted.

13.3. Exclusions

• Misuse of the Site
• Hardware/software compatibility issues
• Malfunctions related to the User's connection

ARTICLE 14 – Personal data protection (GDPR)

14.1. Data controller

Mrs Helene Bourguignon – Hélène B Academy, 321 avenue de la Pergola, 06390 Bendejun, FRANCE, contact@heleneb.fr

14.2. Data collected

• Identification data: name, surname, email, phone
• Connection data: IP, logs, cookies
• Payment data: processed by secure service providers
• Training data: progress, purchase history, grades

14.3. Purposes

• Account management and authentication
• Orders and payments
• Delivery of training courses and monitoring
• Communication (support, news)
• Legal obligations
• Site improvement (with consent)

14.4. Legal basis

• Performance of the contract
• Legal obligations (invoicing, accounting)
• Consent for required purposes

14.5. Retention periods

• Account: account deletion + 3 years
• Invoicing: 10 years
• Connection: 12 months max

14.6. Recipients

• Hélène B Academy (limited access)
• Service providers: hosting (Google Firebase), secure payment
• Competent authorities

No sale or commercial transfer of data.

14.7. Rights

• Access, rectification, erasure, restriction
• Portability, objection
• Withdrawal of consent

14.8. Exercise of rights

By email: contact@heleneb.fr, By post: 321 avenue de la Pergola, 06390 Bendejun, FRANCE. Response time: 1 month max.

14.9. CNIL complaint

www.cnil.fr

14.10. Security

• SSL/TLS encryption
• Secure hosting
• Restricted access
• Regular backups

ARTICLE 14 bis – Pedagogical artificial intelligence and personalised learning profile

Hélène B Académie natively integrates a learning experience supported by artificial intelligence (AI). The AI pedagogical assistants (Hélène, Papy, Dr White, Alice, Carla, Hugo) are inherent components of the service, inseparable from the training. By creating an account or using the platform, you accept the processing necessary for their operation.

14 bis.1. Nature of the processing

The pedagogical AI analyses your progress through the training, your interactions with the videos, your quiz results and the questions you ask the assistants. From this data, it adapts its answers to your level, your pace and your learning style.

14 bis.2. Legal basis

Article 6(1)(b) GDPR: this processing is necessary for the performance of the training contract you conclude upon registration. The AI is positioned as a structural component of the professional training service, on the same footing as the provision of videos or pedagogical follow-up.

14 bis.3. Data processed by the AI

• Training progress: chapters viewed, scenes watched, viewing time, playback speed
• Quiz results: attempts, scores, concepts not yet acquired
• History of conversations with the AI assistants
• Behavioural learning signals: pace, login frequency, friction points
• First name and subscription plan (not your last name nor contact details in the AI prompt)

14 bis.4. Processor

Google Cloud (Vertex AI Gemini, currently being migrated to the europe-west4 / Netherlands region for guaranteed EU data residency). Processor within the meaning of Article 28 GDPR. European Commission Standard Contractual Clauses 2021/914 are in force for any residual transfer outside the EU (logs, technical metadata).

• Google Cloud (Vertex AI Gemini) — europe-west4 region / Netherlands, EU data residency guaranteed. Used for conversations with the teaching assistants (Hélène, Papy, Dr White, Alice, Carla, Hugo) and the generation of decorative illustrations.
• OpenAI (GPT-Image-2) — used exclusively to generate the annotated technical illustrations for the course sheets (anatomical diagrams, protocol steps, safety diagrams). The prompts sent to OpenAI contain only technical teaching vocabulary, NO personally identifying data of the user. European Commission Standard Contractual Clauses 2021/914 are in force for the transfer to OpenAI servers.

All generated images are stored on Firebase Storage EU (europe-west1). No personal user data (first name, email, identifiers) is transmitted to the AI subprocessors.

14 bis.5. Quota per plan

• Discovery plan (free): limited access to AI assistants (restricted monthly quota)
• Paid plans: extended access according to the chosen package

14 bis.6. Profiling and automated decisions (Art. 22 GDPR)

The pedagogical AI carries out profiling of your progress for strictly pedagogical purposes. NO legally or contractually significant decision is taken automatically by the AI alone (training validation, certificate award, account suspension, etc.). Any important decision remains subject to human review by the Hélène B Académie team.

14 bis.7. Right to object and deactivation

At any time, you can deactivate AI personalisation from your personal area: My profile > AI data. The pedagogical assistants will continue to operate, but their answers will be more generic, without adaptation to your profile. This has no impact on access to purchased training or on the other platform features.

14 bis.8. Erasure (right to be forgotten)

The "Delete my AI profile" button under My profile > AI data triggers immediate deletion of your enriched pedagogical profile. Your account, your purchased training, your progress and your certificates are kept (Article 6(1)(b), contract). Only the learning profile used by the AI is erased.

14 bis.9. Retention

The AI profile is kept for the duration of your active account plus 6 months of inactivity. Beyond that, it is automatically purged by a weekly process (purge cron documented in our record of processing activities, Article 30 GDPR).

14 bis.10. Audit logs

Each read of the AI profile by the pedagogical assistants is tracked in an internal audit collection (12-month retention). You can request access to these logs via <a href="mailto:contact@heleneb.fr">contact@heleneb.fr</a>.

ARTICLE 15 – Cookies

15.1. Definition

A small text file placed on the device during a visit, storing browsing information.

15.2. Types

• Strictly necessary (authentication, cart, security)
• Performance (anonymised statistics: pages, time)
• Functional (preferences)

15.3. Management

Configurable at any time in the browser. Disabling certain cookies may affect proper functioning.

ARTICLE 16 – Termination

16.1. By the User

Account deletion at any time from settings or via contact@heleneb.fr. Deletion results in loss of access without refund for unconsumed training courses.

16.2. By Hélène B Academy

Suspension/termination in case of non-payment, IP violation, fraud, use contrary to the T&Cs. Immediate effect, without notice or refund.

ARTICLE 17 – Force majeure

Within the meaning of art. 1218 of the Civil Code (natural disasters, fire, strike, major Internet outages not attributable to the company, government decisions). Beyond 30 days, automatic termination without compensation.

ARTICLE 18 – Customer service and complaints

Contact: contact@heleneb.fr, 321 avenue de la Pergola, 06390 Bendejun, FRANCE, +33 6 67 28 17 78 (Mon-Fri 9am-5pm)

Response time: 10 working days max.

ARTICLE 19 – Mediation and dispute resolution

19.1. Consumer mediation

CM2C – 14 rue Saint Jean, 75017 Paris, www.cm2c.net, cm2c@cm2c.net

19.3. Applicable law – Jurisdiction

French law. Failing amicable resolution, French courts shall have jurisdiction. For consumers (R631-3 Consumer Code), the courts of the place of domicile shall have jurisdiction (metropolitan France, listed overseas territories).

ARTICLE 20 – General provisions

20.1. Entirety

These T&Cs constitute the entire agreement.

20.2. Partial nullity

The nullity of a clause does not affect the other provisions.

20.3. Non-waiver

Failure to exercise a right does not constitute a waiver for the future.

20.4. Language

Drafted in French. In case of translation, only the French text shall prevail.

ARTICLE 21 – Amendment of the T&Cs

Hélène B Academy may amend the T&Cs at any time. Effective upon publication. Substantial amendments communicated by email or notification. The T&Cs applicable to an order are those in force on its date. Continued use constitutes acceptance.

ARTICLE 22 – Acceptance of the T&Cs

Use of the Site and purchase of training courses implies full and unreserved acceptance of these Terms. The User acknowledges having read and accepted them by ticking the corresponding box at checkout. A downloadable copy is available to the User; archiving by Hélène B Academy in accordance with legal obligations.

ARTICLE 23 – Independent Trainers Network

23.1. Nature of the relationship

Hélène B Academy operates a matchmaking platform between independent trainers and individuals wishing to train in eye beauty professions. Hélène B Academy is not an employer and exercises no subordination relationship with the trainers registered on the platform.

23.2. Status of trainers

The trainers in the Hélène B network are independent professionals operating under their own legal status (sole trader, SASU, SAS, EI, EIRL or any other legal form). They are solely responsible for creating and maintaining their legal structure.

23.3. Absence of subordination

Network trainers enjoy complete freedom of organisation in carrying out their activity. No working hours are imposed. No exclusivity clause binds the trainer to Hélène B Academy. The trainer is free to carry out other professional activities in parallel.

23.4. Commissions

Trainer remuneration takes the form of commercial commissions calculated on completed assignments and sales generated via the platform. Commission rates are communicated upon network registration. These commissions do not constitute a salary within the meaning of the Labour Code.

23.5. Trainer responsibilities

Each trainer is solely responsible for:

• Tax and social declarations (URSSAF, taxes, VAT where applicable)
• Social coverage and professional insurance
• The quality of the training courses they deliver
• Compliance with regulations applicable to their activity

23.6. Network registration

Access to the trainers network is through an admission process (not recruitment) based on quality, competence and alignment with Hélène B Academy values. Network admission does not create an employment contract. A commercial partnership agreement is established between the platform and the admitted trainer.

23.7. Termination

The trainer is free to leave the network at any time, without notice or penalty. Likewise, Hélène B Academy reserves the right to withdraw network access in case of failure to meet quality conditions, legal obligations or these T&Cs, after reasoned notification.

23.8. Trainers' intellectual property

Original content created by trainers in the course of their activity remains their intellectual property. Trainers grant Hélène B Academy a non-exclusive licence for distribution on the platform for the duration of their network membership. Tools, educational materials and the Hélène B brand remain the exclusive property of Hélène B Academy.

ARTICLE 24 – Fair Use Policy

24.1. Definition

Subscriptions mentioning “unlimited” access to certain features (AI messages, course sheets, visual creations) are understood as access without a fixed monthly quota, subject to this fair use policy.

24.2. How it works

The processing time for AI requests may vary depending on usage intensity over a rolling period (hour or day). The higher the number of recent requests, the more the processing time may increase.

24.3. Transparency

The estimated delay is communicated to the user in real time. The user can cancel a pending request at any time, without penalty.

24.4. No refusal

No request is refused. Access remains unlimited in volume. Only the processing time may vary.

24.5. Equal treatment

This policy applies identically to all users of the same subscription level. Only the volume of recent requests determines the delay.

24.6. Threshold changes

The thresholds of this policy may be adjusted with 30 days' prior notice by email or via the platform.

ANNEX – Expert Pack Kit Contents

Training equipment

• 1 Training head
• 2 Boxes of practice false lashes
• 2 Practice foam sponges

Basic accessories

• 1 Eyelash extension storage box
• 50 Pairs of patches
• Jade stone protections
• 1 Jade stone
• Set of glue rings
• 1 Roll of microporous tape
• 1 Roll of plastic tape
• 1 Pair of scissors
• 1 Pair of tweezers
• 1 Checking mirror
• 1 Eyebrow brush
• 10 Paper wipes
• 50 Mascara wands
• 100 Micro-brushes
• 1 Blower
• 1 Nano mister
• 1 Pump bottle
• 1 Shampoo brush

Professional tweezers

• 1 Flat tweezer
• 1 Curved tweezer
• 1 L-shaped Russian tweezer

Eyelash extensions

C Curl – 0.15 mm

• 1 box of 8 mm
• 1 box of 9 mm
• 1 box of 10 mm
• 1 box of 11 mm
• 1 box of 12 mm

C Curl – 0.20 mm

• 1 box of 8 mm
• 1 box of 9 mm
• 1 box of 10 mm
• 1 box of 11 mm
• 1 box of 12 mm

C Curl – 0.07 mm

• 1 box of 8 mm
• 1 box of 9 mm
• 1 box of 10 mm
• 1 box of 11 mm
• 1 box of 12 mm

Lift kits

• 1 Lash lift kit with tint
• 1 Brow lift kit with tint