General Terms of Use of the Application

« EkiYou Carbs »

ARTICLE 1 – Legal information

Application Editor :

The Company DIAPPYMED, (hereinafter “the Company”), French simplified joint stock company, with a capital of 81 523€, whose headquarters is located Cap Alpha, 3 avenue de l’Europe in Clapiers (34830), registered in the Montpellier Trade and Companies Register under number 893 114 405, represented by Mr. Omar DIOURI, acting as President.

Individual VAT identification number : FR 12 893 114 405

Contact :

Mail : Cap Alpha, 3 avenue de l’Europe à Clapiers – 34830 Clapiers
Phone : +33 (0) 4 11 93 88 06
E-mail: ekiyou@diappymed.com

Director of the publication : Omar DIOURI

Insurer:

Policy number : FRLSCA64162
Territory covered : Monde Entier hors USA/Canada
Contact :
Chubb European Group SE Tour Carpe Diem 31,
Place des Corolles Esplanade Nord
92400 Courbevoie.
Tél : + 33 1 55 91 45 45
chubb.com/fr

ARTICLE 2 – Scope of the General Terms

The present General Terms of Use (hereafter ” General Terms of Use “), apply, without restriction or reservations to any access and any use of the EkiYou Carbs application published by the Company (hereafter ” the Application “), by consumer users (hereafter ” the Users “).

The User is held to take knowledge of it before any inscription and any use of the Application.

The User declares that he/she has read the present General Conditions and has accepted them by checking the box provided for this purpose when registering on the Application.

The Company reserves the right to unilaterally amend these Terms and Conditions of Use at any time. The Company undertakes to inform the User of any modification by displaying a message when the Application is opened. This message shall remain visible until it is closed by the User, thereby acknowledging receipt of the information.

This notification shall be provided within a reasonable period prior to the entry into force of the amended Terms and Conditions. The User has the right to be informed of any changes and may choose to stop using the service if they do not agree with the updated terms.

ARTICLE 3 – Purpose of the Application – Features

The Application allows the User to benefit from the following features:

Account creation, modification, and authentication (3.1);
Use of the food database (3.2);
Calculation of macronutrients and energy expenditure (3.3);
Use of the logbook (3.4);
Consultation of articles related to diabetes (3.5);
Contact and requests (3.6).

These features are available free of charge to all users of the basic version of the Application. However, additional features are available to Users with a subscription, in accordance with Article 5 below.

These features may also be accessible to the User offline.

In addition, important disclaimers regarding the Application must be brought to the User’s attention (3.7).

3.1. Account creation, modification, and authentication

To use the Application, the User must create a personal account by providing personal data.

The User has the option to modify their account information.

Once the account is created, the User will be able to authenticate and use the Application.

3.2. Use of the food database

The Application allows the User to access a food database specifying the macronutrients (carbohydrates, proteins and lipids) and, if the User wishes, the calories represented by each of these foods according to their quantity.

The number of accessible food items in this database is limited. To access the full database, the User must hold a subscription under the conditions set forth in Article 5 below.

The User can search for a food item in the database using three different ways:

By using the search bar in the Application.
By scanning the barcode of a product using the Application.
By taking photos of meals through the Application or by uploading photos into the Application, which the Application’s algorithms will analyze to identify the food items in the meal.

When using the meal photo analysis feature powered by the algorithms, the User undertakes not to reveal any personal data within these photos, as defined in Article 4§1 of the GDPR, whether the photos are taken within the Application or uploaded into it.

Furthermore, the User is informed that the list of foods generated by the algorithms may be inaccurate and undertakes not to hold the Company liable in this case.

Once a food item has been selected, the User must enter the consumed quantity, either:

In grams or milliliters.
By selecting from the list of available containers (e.g., small plate);
Or, for certain food items (when available), by using visual guides to estimate the quantity.

3.3. Calculation of macronutrients and energy expenditure

Through the Application, the User can calculate the macronutrients ingested as well as the calories consumed during meals and burned through physical activity.

3.4. Use of the logbook

The User’s logbook on the Application allows him to display:

His physical activities.
His meals.
His carb rescues in case of hypoglycemia.

3.5. Consultation of articles regarding diabetes

The Company publishes articles on the Application relating to diabetes.

In order to access all articles published on the Application, the User must have a subscription under the conditions of Article 5 below.

The information contained in these articles is for general information purposes. It is not intended to replace a medical consultation. This information should not be used to establish a diagnosis or determine a treatment by the User. It requires an assessment of the User’s particular case by a health professional.

The Company holds the rights to publish articles on its Application. The User may consult the articles published in strict compliance with the intellectual property rights of the Company in accordance with Article 12 hereof.

3.6. Contact and requests

The User can send requests to the Company and contact it from the Application.

The User can also find on the Application both the e-mail address of the Company.

3.7. Disclaimers

The data contained in the Application, including the macronutrient calculations, calories count, food database and articles published on the Application, are provided for informational purposes only.

The Application is not intended to diagnose, treat, or advise the User regarding diabetes or any other medical condition. It is not intended to replace medical consultation or treatment.

If you have any medical questions or concerns, please contact your physician or hospital/health center.

Company does not provide a medical device or media services through the Application. Use of the Application does not create a medical relationship between Company and User.

The User is advised to consult a physician for any questions regarding the diagnosis or treatment of diabetes.

ARTICLE 4 – Application Presentation

4.1. Access to the Application

Use of the Application requires a compatible phone or mobile device and access to the Internet. It can be downloaded from the App Store on iOS and the Google Play Store on Android operating systems. All costs whatsoever relating to access to the Application are exclusively the responsibility of the User, who is solely responsible for the proper functioning of his computer equipment and Internet access.

4.2. Registration on the Application

When registering, the User must fill in the required fields. The User agrees to provide accurate and sincere information. In case of modification of the information provided, the User agrees to modify the data recorded on his account.

The User will have to create a login and password when registering on the Application. These login and password are personal and confidential. The User’s password can be changed at any time upon request by the User.

The password must be in compliance with the Company’s password policy, written in compliance with the French Supervisory Authority’s recommendations (the “Commission Nationale de l’Informatique et des Libertés” of “CNIL”) regarding data protection. In particular, the password must:

Be composed of 10 characters or more;
Those characters must be a combination of alphanumeric characters and numbers;
Those characters must include capital letters;
Those characters must include lower case letters;
Those characters must include special characters.

The User is the sole responsible for his login and password. The User undertakes to do everything possible to keep secret the identifiers concerning him and not to disclose them in any form whatsoever. They shall inform the Company without delay if they notice a security breach linked, as an example, to the voluntary communication or misappropriation of their login and/or password, so that the Company can take without delay any appropriate measure to remedy the security breach.

In the event of loss or misappropriation of an identifier and/or password, the User shall notify the Company as soon as possible. The Company will then deactivate the User’s account and send the User a link to reset his password.

4.3. Multi-factor authentication

The Company may provide the User with a multi-factor authentication mechanism under certain circumstances. The Company reserves the right to implement this mechanism where it deems it necessary regarding the risks in order to reinforce the security. However, the Company does not undertake to ensure that this mechanism is always available.

4.4. Application availability

The Company does its best to allow Users to access the Application 24/7, except in cases of force majeure and subject to the following.

The Company may, in particular, at any time, without its liability being incurred:

– suspend, interrupt or limit access to all or part of the Application, reserve access to the Application, or certain parts of the Application, to a specific category of Users,

– remove any information that may disrupt the operation of the Application or that may contravene national or international laws;

– suspend or limit access to the Application in order to make updates.

The Company is released from any responsibility in case of the impossibility of access to the Application due to a case of force majeure, within the meaning of the provisions of Article 1218 of the Civil Code, or due to an event beyond its control (in particular problem on the User’s equipment, technical hazard, disruption of the Internet network …).

The User acknowledges that the Company’s obligation regarding the availability of the Application is a simple obligation of means.

4.5. Application Updates

The Company will inform the User of the updates necessary to maintain the compliance of the Application by means of a notification when the Application is opened.

Where the User fails to install, within a reasonable time, updates provided by the Company, the Company shall not be liable for any lack of compliance resulting solely from the failure to install the relevant updates, provided that:

(i) Company has informed User of the availability of the updates and the consequences of non-installation; and

(ii) User’s failure to install or improper installation of the updates is not due to deficiencies in the installation instructions provided.

With respect to updates that are not necessary to maintain compliance of the Application, Company shall comply with the following obligations:

(i) The Company will inform the User, in a clear and understandable manner, reasonably in advance and on a durable medium, of the planned update, specifying the date on which the update will take place;

(ii) The update will be made at no additional cost to the User;

(iii) The Company will inform the User that he has the right to refuse the update or, if applicable, to uninstall it, if the update has a negative impact on his access to or use of the Application.

In this case, the User may unsubscribe and terminate his subscription without charge and within a maximum period of thirty (30) days, unless the update has only a minor impact on him. However, the User may not terminate his subscription if the Company has offered him to keep the Application without the update, including by uninstalling the update, and if the Application remains in compliance.

4.6. Unsubscribe from the Application

Subject to the minimum duration of his subscription in accordance with Article 5.6 hereof, the User may unsubscribe from the Application at any time by deleting his account.

The unsubscription is effective as soon as the request is processed by the Company. The User acknowledges that unsubscribing from the Application will result in the deletion of all data and content on the Application, after a period of thirty (30) days, except for data that must be kept under a legal obligation to retain or for evidentiary purposes.

The Company will then make available to the User any content, other than personal data, that the User has provided or created while using the Application, within a reasonable period of time after the User has unsubscribed. The User is expressly informed that this provision does not apply to content provided or created that is of no use outside the context of using the Application.

The Company informs the User that upon unsubscription, it will refrain from using any content, other than personal data, that has been provided or created by the User in the context of the use of the Application, unless such content has been generated jointly by the User and others, and other Users may continue to make use of it.

The Company reserves the right to suspend or terminate a User’s personal account in the event of a breach by the User of its obligations under Articles 4.2, 5, 6, 7.1 and 12 of these General Terms and Conditions, after sending a formal notice by email, which remains without effect fifteen (15) calendar days after its receipt.

Cancellation results in the deletion of the User’s account from the Application. Users whose account has been deleted in accordance with this article are not allowed to create a new account on the Application without the Company’s express authorization to do so.

ARTICLE 5 – Subscription

5.1. Subscription by code

The User can benefit from a subscription by means of a code communicated by the Company or by its home health care provider (HHCP) or other partner.

The User may enter this code on the Application in the “Subscription” section in order to benefit from the corresponding subscription. This subscription is effective for a limited period of time corresponding to the duration attached to the code.

5.2. Subscription by the User

In order to subscribe to a premium subscription, the User must first open the Application.

Before being redirected to the app download platforms (App Store or Google Play), the Must shall accept the both present General Terms of Use and the Privacy Policy of the Application, by ticking the appropriate boxes. This acceptance constituted a contractual commitment.

Both the payment, the validation and the management (renewal, cancellation, reimbursement) of the subscription are then exclusively administered by the app download platforms under their own terms and conditions.

Under no circumstances does the Company intervene in the payment process nor collect or process the User’s payment information.

Procedure:

The User reads the characteristics of the subscription presented in the Application;
The User accepts the General Terms of Use and the Privacy Policy of the Application by ticking the appropriate boxes;
The User is then redirected to the secure environment of the app download platform (Apple Store or Google Play) in order to pay for the subscription and confirm the subscription;
The confirmation of the subscription is performed via the app download platform, e.g. by using a biometric verification or a password;
An email or a notification confirming the subscription is sent through the app download platform.

Subject to the legal provisions applicable to distance contracts (including the right of withdrawal), the subscription becomes binding upon confirmation on the relevant app download platform.

5.3. Free trial

The paid subscription taken out by the User on the Application may begin with a free trial.

The Company reserves the right to refuse or terminate a free trial, in particular in the event that a User has already benefited from a free trial. Certain promotional offers proposed by the Company may also exclude the cumulation with a free trial.

The subscription will be invoiced at the end of the free trial via the payment method provided by the User at the time of subscription. However, if the User cancels his subscription before the end of the free trial period, he will not be charged. The date of the end of the free trial period is announced to the User at the time of their subscription and is accessible at any time on their account on the Application.

5.4. Proof of subscription

The Company retains a record of subscription access, whether granted via code or through a subscription initiated within the Application, in order to ensure the traceability of access to the premium services.

Under no circumstances does the Company collect or process the User’s payment information, within or outside of the Application. This information is entirely processed by the app download platforms (App Store or Google Play), under their own policies.

The electronic records stored in the Company’s systems, under reasonable security conditions, constitute valid evidence of the interactions between the User and the Company, particularly regarding the activation, shared files and the granted access, except for the payments.

It is expressly agreed that all data stored by the Company constitute evidence of the activation of the subscription and of the access, in the absence of evidence to the contrary brought by the User.

5.5. Additional features

As part of his subscription, the User will be able to benefit from the following additional features:

Access to a larger food database, with more references and nutritional details;
The possibility to scan the barcodes of food products in order to consult the macronutrients (carbohydrates, proteins and lipids) and calories represented by each of these products and to add them in the User’s logbook;
Access to all articles related to diabetes published on the Application;
Assistance in quantification through visual references, enabling the User to estimate the amount of food consumed using reference images (e.g., plates, glasses, standard portions);
Automatic detection of food items through photos, using algorithms integrated into the Application, allowing the identification of the food items in a photo of a meal and the addition of these food items into the User’s backet.

5.6. Duration and cancellation of a subscription

The User can access the premium features of the Application either by using a code given by the Company or by an authorized partner (e.g., a home healthcare provider), or by subscribing directly through app download platforms (App Store or Google Play).

When a subscription is activated via a code, it is covered by the Company or an authorized partner, and is valid for a specific period, as defined by the conditions applicable to said code. The access automatically expires at the end of this period, with no automatic renewal. In order to extend their access to the premium services, the User shall obtain a new code from the Company or an authorized partner. If User wishes to stop using the Application, they can delete their account at any time in accordance with Article 4.6 of these General Terms of Use.

When a subscription is purchased directly through an app download platform, it is concluded for a specific duration, as indicated at the time of subscription. Unless canceled by the User before its expiry, the subscription is automatically renewed for successive periods of the same duration, in accordance with the general terms of the relevant platform. The User can manage or cancel their subscription directly through their App Store or Google Play account.

At the end of their subscription, regardless of the method used, the User retains access to the free features of the Application. If the User no longer wishes to access any features, they may delete their account under the conditions set out in Article 4.6 of these General Terms of Use.

Finally, the Company reserves the right to terminate the User’s subscription and delete their account in case of violation of the present General Terms of Use, under the conditions set in Article 4.6. of the present General Terms of Use.

ARTICLE 6 – Pricing – Payment

6.1. Pricing

Subscriptions by the User via the app download platforms are offered at the prevailing rates as displayed on the Application at the time of subscription. These rates are inclusive of all taxes (VAT included), incorporating the applicable VAT rate at the time of subscription, and are firmly established for the initial term of the subscription.

The Company reserves the right to modify these rates at any moment for future subscription periods, without retroactive effect on subscriptions already subscribed.

Subscriptions obtained using a code provided by the Company or a partner are funded by the Company or the partner on behalf of the User and are not subject to any charges.

Invoices and payment receipts for paid subscriptions are issued exclusively by the relevant app download platforms. These documents are accessible through the User’s account on the App Store or Google Play Store. The Company does not issue any invoices related to paid subscriptions and does not receive any payments directly.

6.2. Payment

The subscription price is displayed within the Application and is billed directly by the relevant app download platform (App Store or Google Play), in accordance with its own terms and conditions.

Payment is due at the time of subscription, and upon each renewal, if applicable. Payment methods (such as bank debit, credit card, etc.) are determined by the app download platform used. The User is encouraged to review the billing terms of the platform for information regarding payment methods, billing schedules, and management of payment information.

Under no circumstances does the Company collect or process the User’s payment information.

Payments are considered final once validated by the relevant platform.

6.3. Delayed payment

The subscription fee, including any applicable renewals, is paid by the User through the relevant app download platform (App Store or Google Play), in accordance with the platform’s terms and conditions, to which the User completely agrees.

In the event of a payment delay or failure for any reason (including payment rejection, expired card, or insufficient funds), the app download platform is solely responsible for handling the incident.

The User acknowledges that any payment default may result in the suspension, cancellation, or non-renewal of their subscription at the platform’s discretion.

The Company reserves the right, following notification of a payment incident by the platform, to restrict or suspend the User’s access to the premium features of the Application.

The User can delete their account at any moment, under the conditions set in Article 4.6. of the present General Terms of Use.

Finally, under no circumstances does the Company collect or process the User’s payment information. The Comp any shall not be held liable in the event of a dispute related to billing, management, or renewal of the subscription.

ARTICLE 7 – Obligations and responsibilities of the parties

7.1. Obligations and responsibility of the User

The User is the sole responsible for the use of the Application in compliance with the present General Terms of Use. The User undertakes not to use the Application for professional or commercial ends.

The User agrees not to provide any false, inaccurate, or misleading data, particularly regarding their identity, contact details, or any other personal information entered into the Application.

The User acknowledges that the data given by the Application (including the nutritional information, the estimation of macronutrients, the results following a visual analysis, etc.) have a informative scope and cannot substitute for medical advice or a health consultation.

DiappyMed shall in no event be held liable for any misinterpretation or incorrect use by the User of the information or data provided through the Application.

7.2. Obligations and liability of the Company

The Company will take all necessary steps and care to ensure the proper performance of its obligations. It may be exempted from all or part of its responsibility by proving that the non-performance or poor performance of its obligations is attributable either to the User, or to an unforeseeable and insurmountable event, or to a third party, or to a case of force majeure.

The Application provided by the Company benefits by right and without additional payment, in accordance with legal provisions :

– the legal guarantee of conformity for lack of conformity ;

– the legal warranty against hidden defects making the Application unfit for use, under the conditions and according to the terms set out in the box below and defined in articles 1641 and following of the Civil Code.

The consumer is entitled to the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity during the period of his registration. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service during the duration of the User’s registration.

The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his request, without cost and without major inconvenience to him.

1° The professional refuses to bring the digital content or service into compliance ;

2° The compliance of the digital content or service is unjustifiably delayed ;

3° The digital content or digital service cannot be brought into conformity without imposing costs on the consumer ;

4° the compliance of the digital content or service causes a significant inconvenience to the consumer

5° The non-conformity of the digital content or service persists despite the trader’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in price or to termination of the contract where the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to rescind the contract if the contract does not provide for payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of restoring its conformity suspends the warranty that remained until the digital content or digital service was supplied in conformity again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

A professional who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.

ARTICLE 8 – Right of withdrawal

8.1. Deadlines and terms

For subscriptions taken out on the Application, the Company, in accordance with the regulations in force, informs the User that, as a consumer, he has the possibility of withdrawing without reason within fourteen (14) days from the conclusion of the contract, for service delivery contracts.

To exercise his right of withdrawal, the User must notify the Company of his decision to withdraw from the contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). The User may use the withdrawal form available in Appendix 2 of this document, but this is not mandatory. If the User exercises his right of withdrawal by e-mail, the Company will send him without delay an acknowledgement of receipt of the withdrawal on a durable medium.

In order for the withdrawal period to be respected, it is sufficient for the User to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. This right of withdrawal is exercised without penalty.

8.2. Repayment terms

In the event of withdrawal by the User, the Company will refund all payments received from the User, without undue delay, and in any event no later than fourteen (14) days from the day it is informed of the User’s decision to withdraw.

8.3. Waiver of the right of withdrawal

In accordance with article L. 221-25 of the French Consumer Code, the supply of digital content not provided on a physical medium may begin during the withdrawal period if the User gives his prior express consent. By requesting access to the paid features of the Application before the end of the above withdrawal period, the User expressly acknowledges the loss of his right of withdrawal.

The User who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service provided.

ARTICLE 9 – Support

The Company provides Users with a support service that can be contacted in case of difficulties when using the Application.

The Company’s support service can be reached:

– by means of the contact form on the Application;

– by email to the address ekiyou@diappymed.com.

The notification made by the User will be taken into account by the Company as soon as possible. The User will receive an email confirming that his request has been taken into account.

ARTICLE 10 – Service levels

The Company does not guarantee any level of service to the User regarding the availability of the Application that is downloaded by the User to his mobile device.

ARTICLE 11 – Data Protection

As part of the use of the Application by the user, the Company may process the User’s personal data. The provisions relating to the processing of such personal data are set out in the Privacy Policy document, which can be accessed from the “Help” tab of the Application.

ARTICLE 12 – Intellectual Property

The Company grants the User a personal, non-exclusive, non-transferable right to use the Application in accordance with its purpose and for an indefinite period of time.

It is specified that the User does not acquire any property right on the Application (including all software included or integrated into it) and its documentation, on the elements belonging to the Company, including patents, trademarks, trade names, photographs, texts, articles, comments, illustrations, animated or non-animated images, video sequences, sounds, copyrights or other intellectual property rights (hereinafter referred to as “the Contents”).

Any use of the Contents not expressly authorized, under the present General Conditions, is illicit, in accordance with the Code of the intellectual property and is thus constitutive of the offence of counterfeit likely to be civilly or criminally sanctioned.

Consequently, it is forbidden to the User, directly or indirectly, in particular to proceed to

– any copy, printing, transfer, transmission of all or part of the Contents ;

– any permanent or temporary reproduction of the Content, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the Application ;

– any representation, distribution or marketing of the Content, whether free of charge or for a fee;

– any sale, lease, sublicense, or distribution of the Content in any way whatsoever;

– any use of the Content to provide data processing, service bureau, timeshare or other similar services of any kind to any other person, company or entity;

– any adaptation, modification, translation, export, transformation of the Contents, and/or merging of all or part of the Contents into other computer programs, for any reason whatsoever, in particular with a view to the creation of a third-party service;

– any compilation, decompilation, disassembly, analysis, reverse engineering or translation of the object code of the Contents into source code, except within the limits authorized by law;

– any removal, alteration or alteration of any proprietary notices, labels, legal notices, such as trademarks or copyrights associated with the Materials.

As indicated above, this right of use is not transferable. The User may not grant any right whatsoever in any way whatsoever on the Contents.

The above commitments are understood to include any direct or indirect action, personally or through an intermediary, on their own behalf or that of a third party.

ARTICLE 13 – Links to other sites

The Application contains links to third party websites. These sites are not under the control of the Company, which is not responsible for their content, nor in the event of any technical problem and/or security breach arising from a hyperlink.

ARTICLE 14 – Entirety

The parties acknowledge that these Terms and Conditions constitute the entire agreement between them and supersede any prior offer, provision or agreement, whether written or oral.

ARTICLE 15 – Nullity

If any of the stipulations of the present General Terms and Conditions were to be null and void with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullity of the General Terms and Conditions or altering the validity of its other stipulations.

ARTICLE 16 – Applicable law – Language

By express agreement between the parties, the present General Conditions are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 – Domiciliation

The parties take up residence at the addresses indicated at the time of registration on the Application for the User and at the address of its head office for the Company.

ARTICLE 18 – Disputes

In the event of a dispute, any claim must be addressed to the Company by registered mail with acknowledgement of receipt.

If the complaint fails within 30 days, the User is informed that he can resort to a conventional mediation, or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.

To this end, the User must refer to the following mediator:

In accordance with the French Consumer Code provisions relating to the amicable resolution of disputes, DiappyMed is affiliated with the consumer mediation service CNPM – Médiation Consommation. In the event of an unresolved dispute with the Company, the User may refer the matter free of charge to the consumer mediator. Mediator contact details:

CNPM – Médiation Consommation

27, avenue de la Libération – 42400 Saint-Chamond – France

https://cnpm-mediation-consommation.eu

cnpm-consommation@orange.fr

The dispute cannot be examined by the mediator if:

– the User does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint;

– the request is manifestly unfounded or abusive;

– the dispute has been previously examined or is being examined by another mediator or by a court;

– the User has made his request to the mediator within a period of more than one year from his written complaint to the Company;

– the dispute does not fall within its field of competence.

The User may also have recourse to the European Commission’s online dispute resolution platform.

Failing this, all disputes to which the present General Conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the competent French Courts.

Where the User is acting in a professional capacity, any such disputes shall fall under the exclusive jurisdiction of the Commercial Court of Montpellier.

Appendix 1 – Consumer Contract Information

The company DIAPPYMED informs the users of its application EkiYou Carbs on the following elements :

Identity and contact information of the professional : please refer to the GTU.
Essential characteristics of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the digital content or digital service, as well as the existence of any software installation restrictions : please refer to the GTU.
Price or other benefit provided instead of or in addition to the payment of a price: The price of subscriptions is shown on the Application in the “Subscription” tab. In the case of a subscription by means of a code, the User does not pay a price to the Company, it does however allow him to benefit indirectly from revenues (notably advertising revenues or payment of a price by the User’s home health care provider in order to generate this code).
In the absence of immediate execution of the contract, the date or the deadline by which the Professional undertakes to deliver the goods or to execute the service : The functionalities of the Application are accessible as soon as the User registers or subscribes.
Terms of implementation of legal guarantees, including the legal guarantee of conformity and the legal guarantee of hidden defects, and any commercial guarantees, as well as, where appropriate, after-sales service and information on other contractual conditions: please refer to the GTU.
Possibility to have recourse to a consumer mediator: please refer to the GTU.
Minimum levels of service quality: No minimum level of service is guaranteed to the User.
Duration of the contract, conditions for renewal and termination of services and the contract, as well as any minimum usage or duration required to qualify for promotions : The terms of the subscriptions offered by the Company are mentioned in the “Subscriptions” section on the Application. Subscriptions are tacitly renewable at their end. The User benefits from promotional rates for any subscription of a minimum duration of three (3) months.
Service, maintenance and customer support fees, if any, and related terms: No fees are due by the User for this purpose.
Means by which current information on all applicable rates and maintenance fees may be obtained: Not applicable.
Early Termination Fee, if any: No early termination fee is due, however the subscription fee collected by the Company will not be returned to the User in the event of early termination.
Information about personal data required for or collected in connection with the provision of digital content or services : Please refer to the Privacy Policy.
Type of action the Professional may take in response to a security incident or to threats or vulnerabilities : In the event of a failure of the Application that causes a security incident, the Company undertakes to correct the Application and to update the Application. In the event of a major security incident, the Company will remove the Application from the download platforms while the incident is being resolved.
Details of products and services designed for people with disabilities and how to update this informations : The Application does not include accessibility features for people with disabilities.

Appendix 2 – The withdrawal form

If you want to withdraw, you can use the detachable form below

WITHDRAWAL FORM

CONDITIONS :

Complete and sign this form and send it by mail to the following address :

DIAPPYMED

Cap Alpha,

3 avenue de l’Europe,

34830, Clapiers

or by email : ekiyou@diappymed.com

I (or We) (*) hereby notify you (or us) (*) of my (or our) (*) withdrawal from the subscription contract (*) below :

– subscribed on ———————————————————————- (*)

– name of the consumer(s) :

———————————————————————————————————————-

– address of the consumer(s):

Date :

Only in case of notification of this paper form :

Signature of consumer(s)

(*) Delete as appropriate