General Terms of Use of the Application

« EkiYou »

TABLE OF CONTENTS

ARTICLE 1 – Legal information

ARTICLE 2 – Scope of the General Terms

ARTICLE 3 – Purpose of the Application – Features

ARTICLE 4 – Application Presentation

ARTICLE 5 – Subscription

ARTICLE 6 – Pricing – Payment

ARTICLE 7 – Obligations and responsibilities of the parties

ARTICLE 8 – Right of withdrawal

ARTICLE 9 – Support

ARTICLE 10 – Service levels

ARTICLE 11 – Data protection

ARTICLE 12 – Intellectual Property

ARTICLE 13 – Links to other sites

ARTICLE 14 – Entirety

ARTICLE 15 – Nullity

ARTICLE 16 – Applicable law – Language

ARTICLE 17 – Domiciliation

ARTICLE 18 – Disputes

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 application published by the Company (hereafter ” the Application “), by consumer users (hereafter ” the Users “).

The User must read and understand it before any inscription and any use of the Application.

The User declares that they have read the present General Conditions and 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, who thereby acknowledges 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:

Creation and modification of the User’s account and authentication (3.1.);
Use of the food database (3.2.);
Calculation of rapid insulin requirements at mealtime (3.3.);
Calculation of bolus corrections needed during a hyperglycaemic state (3.4.);
Scheduled basal dose reminder for individuals using multi-day injections (3.5.);
Use of the logbook (3.6.);
Connection to selected blood glucose meters and continuous glucose monitors (3.7);
Use of trend indicators (3.8.);
Use of solutions related to partnerships regarding other diabetes monitoring applications (3.9.);
Use of insulin pen devices (3.10.);
Consultation of articles regarding diabetes (3.11.);
Contact and requests (3.12.)

These features are available on a paid subscription basis to any user of the Application.

These features may also be available to the User offline.

Furthermore, important medical information regarding the Application must be known by the User (3.13.).

3.1. Creation and modification of the User’s account and authentication

In order to use the Application, the User must create a personal account by filling their personal data in.

The User has the possibility to modify their account.

Once their account has been created, the User will be able to log themselves in 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 User can look for specific food items in the database in three different ways :

By using the search bar of 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 algorithms will analyse to identify the specific food items constituting 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 seek to hold the Company liable in this case.

Once they have selected a food item, the User shall enter the quantity consummated:

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

3.3. Calculation of rapid insulin dose recommendations at mealtime

The Application allows the User to determine the insulin dose they need according to their current blood sugar level, the amount of carbohydrates they are going to consume, their physical activity and their treatment goals.

3.4. Calculation of bolus corrections required during a hyperglycaemic state

The Application makes it easy to determine the dose of insulin the User needs to bring their blood sugar levels back to healthy levels. This feature allows to make informed decisions in just a few clicks.

3.5. Scheduled basal dose reminder for individuals using multi-day injections

This feature allows the user to no longer forget their basal insulin dose and ensure regular daily administration. By setting reminders according to individual needs, users can better monitor their treatment and maintain healthy blood glucose levels.

3.6. Use of the logbook

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

Their physical activities;
Their meals;
Their insulin injections;
Their blood sugar measurements;

3.7. Connection to selected blood glucose meters and continuous glucose monitors

With the App, users can sync data from their meter or device (compatible with the app) directly into the app and view their blood glucose results on their phone. This allows them to better understand their blood glucose fluctuations and monitor the effectiveness of their treatment.

3.8. Use of trend indicators

The Application provides trend indicators to help the user with diabetes better manage their blood glucose levels. This feature displays clear, easy-to-understand graphs and indicators that show the trend of blood glucose levels over a period of time.

3.9. Use of solutions related to partnerships regarding other diabetes monitoring applications

The Company has concluded partnerships regarding other diabetes monitoring applications.

The User can connect their EkiYou account to their account on another diabetes monitoring application if a partnership has been concluded for that matter regarding said other application.

Once the User’s EkiYou account has been connected to their account on another diabetes monitoring application, the other application will be able to register the User’s medical data processed by the Company in the context of the Application.

The connection can be made directly from one of the two applications via API (Application Programming Interface).

3.10. Use of insulin pen devices

The Company concludes partnerships with partners offering insulin pen devices.

The User can connect their EkiYou account to their insulin pen device if a partnership has been concluded for that matter regarding said insulin pen device.

Once the User’s EkiYou account has been connected to their insulin pen device, the EkiYou account will be able to registrate the injection data linked to the insulin pen device.

The connection can be made via Bluetooth of NFC (Near Field Communication).

3.11. Consultation of articles regarding diabetes

The Company publishes articles on the Application relating to diabetes.

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 is the owner of the rights allowing it to publish the 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.

3.12. Contacts 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 and the phone number of the technical assistance.

3.13. Medical information

The Application is a class IIb medical device « CE » marked according to REGULATION (EU) 2017/745 and is intended to offer insulin dose recommendations. It is not intended to replace a medical consultation or treatment.

The application is intended for use only within the specific framework of the functionalities described above. The application is intended for use only by adults over 18 years of age with type 1 or type 2 diabetes treated with daily multi-injections of insulin in a basal-bolus regimen.

The application should not be used by minors, people with gastroparesis, or pregnant women, or by people treated with a non-basal-bolus regimen.

The application depends on the accuracy and quality of the user’s entries. In case of incorrect input of blood glucose, meal or physical activity, the bolus recommendation may be wrong. The User is expected to verify the bolus advice and compare it to their personal experience to reduce errors due to incorrect inputs. The User can choose to adjust the proposed bolus dose.

Incorrect input of bolus calculation data may lead to hypoglycemia in the hours following the injection.

The User must read the instruction manual carefully before using the Application for the first time or for more information on the principle of use of the Application or contraindications.

If the User has any medical questions or concerns, they must contact their physician or hospital/health center.

Any use outside of the intended use, or by persons for whom the application is not intended, is not the responsibility of DiappyMed.

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 their 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 undertakes to modify the data recorded on their 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 from the Company.

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 12 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.

Furthermore, the User must create a PIN code with four (4) number, that will be required to modify the account and every time the Application is opened. The User will also be able to use their fingerprint in order to modify their account or open the Application

The User is the sole responsible for their login, password and PIN code. The User undertakes to do everything possible to keep secret the identifiers regarding them 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 and/or PIN code, 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 and/or PIN code, 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 their password and/or PIN code.

4.3. Multi-factor authentication

A multi-factor authentication mechanism reinforces the security both of the Application and of the User’s private life.

The authentication follows two steps:

The User fills in the login and the password on the Application, which, if the login and the password are recognised, will generate a code with six (6) numbers, sent to the e-mail address of the User
The User receives the code and fill the code in on the Application

The multi-factor authentication is necessary when creating and modifying the account.

Once the device has been recognised, multi-factor authentication will not be required for every connection.

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 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:

Company has informed User of the availability of the updates and the consequences of non-installation; and
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:

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;
The update will be made at no additional cost to the User;
The Company will inform the User that they have the right to refuse the update or, if applicable, to uninstall it, if the update has a negative impact on their access to or use of the Application.

In this case, the User may unsubscribe and terminate their subscription without charge and within a maximum period of thirty (30) days, unless the update has only a minor impact on them. However, the User may not terminate their subscription if the Company has offered them 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 their subscription in accordance with Article 5.5 hereof, the User may unsubscribe from the Application at any time by deleting their 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 after a medical consultation with their healthcare provider.

During the medical consultation, the healthcare provider gives the User a prescription (paper or PDF).

There are two options.

Option 1: The healthcare provider uses another diabetes monitoring application that has concluded a partnership with the Company and generates the prescription for the User. The other diabetes monitoring application sends a link to the User for them to download the Application and a code, either by e-mail or by text message depending on the User’s choice. The User will then download the Application, create their account, and then fill the code received in.

Option 2: The User imports the prescription (a scan of the paper or the PDF) in the Application and fills their social security number in. The Company receives the prescription and verifies that all the elements of the prescription are completed. Once the verification has been done, the Company sends a code to the User, using one of the most adequate means. This access is effective during a limited time period depending on the time validity of 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 their subscription before the end of the free trial period, they 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 accesses, whether the access is the result of an activation following a medical prescription (generated by another diabetes monitoring application that has concluded a partnership with the Company, or directly imported by the User), or of a direct subscription from the Application, in order to insure 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 security conditions in compliance with current standards, constitute valid evidence of the interactions between the User and the Company, in particular regarding the activation, the files shared and the granted accesses, with the exception of the payments.

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

5.5. Duration and cancellation of a subscription

The User can access the features of the Application either following a medical prescription or by directly subscribing via the app download platforms (App Store or Google Play).

When activated following a prescription, the access may be provided in the form of a code transmitted electronically or of a verification based on supporting documentation provided by the User (e.g.: scan or PDF of the prescription). This access is provided as part of the approved health care pathway prescripted to the User and is valid for a specific duration, as defined by the applicable terms and conditions linked to the prescription. 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 or import a new prescription. If they wish to stop using the Application, the User can delete their account at any moment, under Article 4.6. of the present General Terms of Use.

In case of a subscription directly via an app download platform, the subscription is valid for a specific duration, as defined upon subscription. Except in case of termination prior the expiration, the subscription is automatically renewed for successive terms of equal duration, under the general conditions of the app download platform used. The User can manage or terminate their subscription directly from their App Store or Google Play account.

At the end of the subscription, regardless of its terms, the User retains access to the free features of the Application. If the User does not want to access any feature, they can delete their account, under the conditions set in Article 4.6. of the present General Terms of Use.

Finally, the Company reserves the right to terminate the subscription of the User and to 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.

The subscriptions activated following a medical prescription, in the form of a code transmitted by the Company or by another company that has concluded a partnership with the Company, or in another form validated by the Company, are entirely provided as part of the approved health care pathway prescripted to the User and do not result in any billing.

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 responsibilities of the parties

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 or in a context conflicting with its medical scope. He also undertakes to give accurate information, including regarding their identity and contact details, and not to voluntarily communicate inaccurate or misleading data.

As a medical device meant to help diabetes management, the Application depends both on the accuracy of the data inserted by the User and on the good comprehension of the results. In this respect, the Company shall not be held liable in the event of a misinterpretation, improper or non-compliant use of the Application or of the information it provides, including where such interpretation leads to an erroneous decision by the User.

It is expressly reminded that the Application does not in any way substitute for advice, diagnosis, or treatment provided by a healthcare professional, and that the User stays entirely responsible for their choice and behaviours regarding their health.

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 their 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 their request, without cost and without major inconvenience to them.

The professional refuses to bring the digital content or service into compliance;
The compliance of the digital content or service is unjustifiably delayed;
The digital content or digital service cannot be brought into conformity without imposing costs on the consumer;
The compliance of the digital content or service causes a significant inconvenience to the consumer;
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, they have the possibility of withdrawing without reason within fourteen (14) days from the conclusion of the contract, for service delivery contracts.

To exercise their right of withdrawal, the User must notify the Company of their 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 their right of withdrawal by e-mail, the Company will send them 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 their communication regarding 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 their 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 their right of withdrawal.

The User who has exercised their right of withdrawal from a contract for the provision of services whose performance has begun, at their express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until the communication of their 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 their 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 their 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 they 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 their 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 their request to the mediator within a period of more than one year from their 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, regarding 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 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 information: 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