General Terms and Conditions

Definitions

My Endo App: refers to all software developed by HEALTHCARE DIGITAL SOLUTION INTELLIGENCE (hereinafter referred to as “HDSI”) and accessible by smartphone.
Service(s): refers to the service(s) for screening for endometriosis and dematerialization of personal medical data on a platform offered by HDSI and defined in Article 3 of these Terms of Use.
User: refers to the adult female natural person who has created a customer account via the mobile application My Endo App (hereinafter referred to as “the Application”).

Purpose

The purpose of these General Terms and Conditions is to define the General Terms and Conditions of Use (GTC) of the mobile application My Endo App.
These General Terms and Conditions apply to all Users of the Services.
The User of the Services acknowledges having read the General Terms and Conditions and accepts them without reservation. The User undertakes unreservedly to comply with these general terms and conditions of use.
Thus, the use of the mobile application My Endo App implies the full and complete acceptance of these Terms and Conditions. The latter prevail over any other document broadcast by HDSI (Brochure, catalogue…)
These General Terms and Conditions may be subject to change at any time by HDSI.

Description of the Services provided by the company

The Application makes it possible to fight endometriosis disease more effectively by allowing Users to participate in research against this disease. The Service also allows the User to carry out an online screening and to dematerialize its personal medical data in order to ensure a real follow-up.
The Services of the mobile application My Endo App only perform probabilities with regard to the answers provided by the User. The service may propose to approach medical services specialised in gynaecology in the event of a proven probability. Under no circumstances do the Services make a medical diagnosis. They are not a substitute for a doctor’s diagnosis and cannot replace a medical consultation. The services offered do not correspond to an emergency service. To be in contact with an emergency service, the User must contact the competent service and, in general, by calling the number 15.

Access to the Service

To be able to access the Service, the User must create an account. To do so, the registration form has to be complete. The User undertakes to provide real and accurate information.
Furthermore, the use of the Service requires a connection via the application. The username and password are strictly personal to each User of the Service.
The password must be chosen by the User in such a way that it cannot be guessed by a third party. The User undertakes to keep it confidential and, to this end, to take the necessary precautions to keep it confidential (e.g. locking the telephone…).
The use of the username and password is the sole responsibility of the User. It is the responsibility of each User to implement all the necessary security measures to protect its password and connection ID. In particular, it is recommended that Users lock their mobile phones and protect their computer and tablet with a password. The User must ensure that the Application is disconnected at the end of its use.
In the event of forgetting, loss, misuse or unauthorized use of its confidential code by another User, HDSI cannot be held liable under any circumstances and the User must immediately inform HDSI of this use by email at the following address: contact@myendoapp.fr.
HDSI reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.
HDSI undertakes to do its utmost to ensure the availability of the service. HDSI cannot guarantee the continuity of access to the Service. The User acknowledges that the Services offered by HDSI may be interrupted, altered or deleted due to force majeure or by third parties. The occurrence of any event beyond the control of the parties shall be considered as constituting a case of force majeure. In particular, events such as the blocking of telecommunications and the blocking of computer networks are considered to be cases of force majeure.
The act of a third party may result in particular from the termination of the space rental contract on the website, at the initiative of the owner of the space.
The User acknowledges that HDSI is subject to an obligation of means.
In addition, access to the Service is subject to the terms and conditions of the User’s telephone and Internet network.
The User must check regulary online the latest version of the Application available and has to download the correct version available of the Application on its mobile phone. HDSI will not be liable in any way, in the event of a malfunction, if the User has downloaded the wrong version of the Application or does not have the latest version of the application.
The User is advised to ensure that all Services are uninstalled before disposing of the equipment.

Use of the Service

The mobile application My Endo App allows Users to access news about endometriosis research and to participate directly in this research by performing screening tests. The results of these tests may be stored to improve the search, subject to the express consent of the User and provided that the data stored remain anonymous.
The User is the only authorised person to access its file. As such, the User expressly acknowledge being the only one responsible for the persons to whom its decide to give access to its file.

The spaces proposed within the Service are as follows:

“Profile”
“News”
“PrediTest”
“Dossier”
“Agenda”

Within the various areas of the Service, functionalities are available to the User in order to enable the management of its health documents.
The User’s attention is drawn in particular to the following precautions for use:

“Creating a User Account”The Service is solely and exclusively intended for the Major User, who is responsible for implementing appropriate security measures to protect and restrict minors’ access to the Service.
The use of the mobile application My Endo App is also subject to:
the express and unreserved acceptance of these General Terms and Conditions;
the collection of informed consent after prior notification of the User for the collection, processing and storage of its personal health data with an approved health data host within the meaning of Article L. 1111-8 of the Code de la Santé Publique*.

When creating a personal account, the User provides the following information corresponding to its “health profile” (date of birth, socio-professional category, country of residence, city of residence, ethnic origin,…).
The information provided by the User remains under its full control, direction and responsibility.

“Login to the Service”

The first time User logs in, an account must be created to register. The User will define a password and indicate its telephone number, as well as personal data necessary for the tests.
The connection to the Service is based on a User identification system requiring the systematic use of the password.
The authentication system is described below:
The User opens the application on its smartphone;
The password required is the one that the User has entered when creating its account. In accordance with the required security requirements, this password must be at least eight characters long and must include at least one number, one lowercase and one uppercase letter;
The User is informed that for security reasons its password must not have any link with itself or with the persons for whom its has legal responsibility and for whom its uses the Service (name, date of birth…). For a security reason, the User must change its password every 60 da
Fleet management: Fleet management consists of associating devices with a User. Each time a new device is connected to a new device, it is registered in the park and associated with the User. An email notification is sent to the User when connecting to a new device.

“Profile”

On its profile, the User can access the:
Personal information that may be modified or supplemented at any time
Results of the previous tests (if the chosen subscription allows it)
General terms and conditions of sale and use

” News ”

In its News tab, the User can find the scientific news selected by HDSI experts concerning clinical research and therapeutic advances.
The User may agree to participate in an anonymous collection of secure data to optimize diagnosis, improve treatment of the disease and improve prognosis assessment.
At any time, the User may withdraw its participation in this anonymous collection by sending a message to the following e-mail address: contact@myendoapp.fr.

“PrediTest”

The User could have access to a screening at any time through the test suggested by the Application. To do this, it will have to answer the various questions suggested by the Application. A more detailed study may be sugegsted against payment. The test results inform the User about its risk of presenting symptoms related to endometriosis and will provide broad guidance on the management strategy.
Each quality of life test is free of charge, but the personalised Preditest in-depth test is charged for as a one-off purchase, at a flat rate offered to the User before the test begins. The User will have to click to expressly accept this tariff.

“My Endo Tracking”

A secure health data hosting service (HADS) is offered to the User who may, at any time after subscribing to this service, access the results of its previous tests.
The chronological design of this filing system makes it easier for the User to manage documents and their individual follow-up.
At any time, the User may decide to permanently delete all this data.

Commitment and responsibility

The Service is used under the sole responsibility and control of the User. The User undertakes to validate the suitability of the Service for its needs and to use the Service under normal conditions and in accordance with its destination.

HDSI is in no way responsible for the veracity of the data entered by the User, which remains entirely responsible for the data its wishes to store via the platform made available to itself by HDSI. The User thus acknowledges full responsability of its personal data provided and which make it possible to
respond to the screening test and to improve research. He undertakes to give sincere information in order not to distort the results of the research.

HDSI shall never be liable for any direct or indirect damages whatsoever resulting from the use of the Service in any capacity and under any circumstances.

The User is solely responsible for its use of the Service and shall not be liable to HDSI for any claim relating to its use.

In addition, the User undertakes, in accordance with its obligations, to take all necessary precautions, particularly in terms of security of access to its equipment, to ensure that such data is not made accessible to unauthorised third parties.

The User’s attention is drawn to the need to strictly ensure the security of its passwords/login and access by third parties to its equipment due to the potential sensitivity of the data entered within the Service.

The User is responsible for implementing all useful and relevant security measures to protect access to its equipment and Service data.

HDSI shall in no event be liable for access by third parties to personal data accessible from the User’s smartphone. Indeed, the User is solely responsible for the data its has chosen to store via Endo Tracking; on the other hand, for the people who will have access to it via the choice of its password.

The User acknowledges that the use of the Service does not replace personal or medical monitoring by healthcare professionals.

The User is systematically invited to seek the advice of a qualified health professional if its has any questions regarding its state of health. Under no circumstances does the Service allow remote monitoring or teleconsultation by healthcare professionals. It is not intended in any way to provide medical advice. They are not a substitute for consultation with a medical professional.

The content of the Service and the information provided by HDSI are not intended to serve as a basis or substitute for professional medical advice, diagnosis of any pathology or treatment. The User is invited to always seek the advice of a health professional if its has any questions regarding its state of health.

The User is informed that HDSI is in no way in a position to assess the User’s state of health and, where applicable, the potential emergency situation in which the User finds itself, who is solely responsible for the use of the information offered via the Service, any decision taken, and any action taken, based on the information contained and entered within the Service.

The User undertakes to provide sincere, reliable and accurate information. As such, it is expressly agreed that HDSI is in no way responsible for data that is false, erroneous, inaccurate or imprecise. It is the User’s responsibility to verify the veracity of the data its considers essential to save its life but also to update them.

Prices and payment for paid services

Access to the Service is provided at the price in effect on the day the Service is subscribed, expressed in euros including all taxes at the rates applicable on the day the Service is subscribed; any change in rate may be reflected in the price of the Service.
The packages are individual.
Any price change will be notified by HDSI on its website.
The rate is available directly on the mobile application My Endo App.
It is specified that non-use of the service does not exempt the User from the payment of the subscription to which its has subscribed.
Subscription fees are payable exclusively online and by credit card on a secure payment platform, or by any other secure payment system indicated on the site at the time of the transaction.
Any payment is final and irrevocable for the subscription in question, it may only be reimbursed in the event of default or breach of contract by HDSI within the framework and conditions provided for in the contract.

Entry into force of the contract / duration of the contract

The contract comes into force as from its acceptance by the User and is concluded for an indefinite period. It may be terminated at any time by the User subject to a notice period of 1 month from receipt:
A registered letter with acknowledgement of receipt sent to HDSI HEALTHCARE DIGITAL SOLUTION INTELLIGENCE, 36 impasse des petits champs 13014 Marseille FRANCE or via a request made on the mobile application MyEndoApp.

Withdrawal period

The User has 14 days to exercise its right of withdrawal from the conclusion of the contract, in accordance with the provisions of Article L121-21-5 of the Code de la Consommation*, which states that:
« If the consumer wishes the performance of a service to begin before the end of the withdrawal period referred to in Article L. 121-21, the trader shall collect its express request on paper or on a durable medium. A consumer who has exercised its right of withdrawal from a contract for the provision of services, the performance of which has begun, at its express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided until the communication of its decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. »
To exercise the right of withdrawal, the User must notify its decision to withdraw, before the expiry of the aforementioned period, by means of a registered letter with acknowledgement of receipt clearly stating its intention addressed to HDSI HEALTHCARE DIGITAL SOLUTION INTELLIGENCE, 36 impasse des petits champs 13014 Marseille FRANCE.

Termination-suspension

Any failure by the User to comply with any of the provisions of these General Terms and Conditions or any legal provision in force in connection with the use of the Service shall automatically result in automatic termination, without notice or compensation of these General Terms and Conditions, in
which case the User undertakes, without delay, to remove the Service from its equipment and apparatus.
In addition, HDSI reserves the right to suspend or terminate the User’s subscription at its sole initiative, without prior notice, in the event of misuse or fraudulent use, conduct prejudicial to HDSI’s interests by the User or by any third party acting on the User’s behalf.
In the event of non-payment of the monthly subscription on the agreed due date, HDSI may send a letter of formal notice by any means at its convenience (letter, email…) to regularize the situation within 8 days.
If, at the end of this period, the User has not paid the sums due, HDSI may terminate the subscription within 10 days following formal notice, which has remained unsuccessful, and this, without any compensation of any kind whatsoever being requested from it by the User. HDSI reserves the right to take legal action against the User to obtain, in addition to the payment of amounts due plus legal interest, reimbursement of the costs incurred by HDSI in collecting these receivables.

Confidentiality

The personal information concerning the Users is confidential.
HDSI makes every effort to ensure the confidentiality of Users and the anonymization of test follow-ups.

Intellectual Property

HDSI is the owner of the intellectual property rights both to the general structure of the Website and to its content (texts, slogans, images, videos, photos and other content). It is specified that the data expressly stored by the User do not form part of the content as referred to in this article. The latter benefiting from confidentiality as referred to in Article 10 of these general conditions.
Consequently, in accordance with the provisions of Book 1 of the French Intellectual Property Code, any representation, reproduction, modification, denaturing and/or total or partial exploitation of the Website and/or its content and/or Services, by any process whatsoever and on any medium whatsoever, without the express and prior authorization of HDSI, is prohibited and constitutes acts of copyright infringement.
Similarly, any unauthorized use of the Website and/or its content and/or the Services shall render the User criminally and civilly liable on the grounds of copyright infringement.
Any other use of the Website and/or the Services is an offence of copyright infringement, punishable by criminal penalties within the meaning of Articles L 335-2 et seq. of the Code de la Propriété Intellectuelle*.
The brands, logos, company names, abbreviations, trade names, signs and/or domain names of HDSI mentioned on the Website constitute distinctive signs that cannot be used without the express and prior authorization of their owner.
HDSI also owns the data security algorithm
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of Book 7 of the Intellectual Property Code.

Personal Data

When the User registers on the Application and in order to create its Customer Account, the User provides its surnames, first names and e-mail address as well as personal information (age, height, weight, etc.).
The User must give its prior consent to any use of its personal data, even if it is anonymous. It will be accessible at any time. The User has a right of access, rectification and deletion of personal data concerning itself. To exercise this right, a request can be send directly to the Application or by e-mail to the following address: contact@myendoapp.fr
In order to respect the privacy of its Users, HDSI undertakes to ensure that the collection and processing of personal information is carried out in accordance with Act No. 78-17 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection Act”. https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000886460 and Regulation No. 2016/679, known as the Règlement Général sur la Protection des Données (RGPD).
Personal data are stored from the time they are collected in accordance with the legal provisions in force for the period defined by laws and regulations, after which they will be deleted immediately.
All the data on the platform and site are hosted by GMI Expert, which is one of the hosting providers approved by the Ministry of Health, a list of which is available on the esante.gouv.fr website via the following link: http://esante.gouv.fr/services/referentiels/securite/hebergeurs-agrees
The purpose of this data is to manage the User’s Client Account and the provision and services of MyEndoApp. This data may also be used to send the User newsletters.

My Endo App Notifications

As part of the service provided by My Endo App, the User may receive push notifications, SMS, emails, MMS, alerts, or other types of messages. To this end, an agreement will be requested when registering to My Endo App.

Hyperlinks and ads on My Endo App

If there are any advertisements, any promotional information (article), advertising or logo, it will be clearly indicated and easily identifiable by the word “advertising” next to the banner or logo.
If there are hypertext links accessible on the Application to other websites and generally to any existing resources on the Internet, HDSI cannot be held liable.

Cookies

Cookies are small text files stored on the visitor’s hard drive of a website that are used (among other things) to record information about the visitor or about its visit to the site.
HDSI occasionally uses cookies to improve the information and Services provided and to facilitate the navigation on the site. No personally identifiable information is stored in a cookie or transferred to a third party. If the User does not wish to receive “cookies”, it is necessary to refer to the help file of the internet browser which indicates how to block all “cookies” or warn before saving them.
However, in the event of deactivation by the User, its browsing on the Internet and conditions of access to certain functionalities of the site or application may be altered or even inaccessible.

Information – complaint

For any information, request for information or complaint, the User may contact HDSI by sending a message to the following e-mail address: contact@myendoapp.fr
The User must not, under any circumstances, use the complaint service to:
send and/or store material/content that is counterfeit, obscene, unhealthy, threatening, defamatory or illegal, including material/content that is dangerous for children or offensive to a third person;
send and/or store material containing computer viruses, Trojan horses or other codes, files, scripts, agents, computer programs harmful to the mobile application My Endo App;
interfere with and/or disrupt the integrity or performance of the services or data it contains,
attempt to obtain unauthorized access to the Application and/or associated systems and/or networks.

Changes to the General Terms and Conditions

HDSI reserves the right to modify the terms, conditions and references of these General Terms and Conditions at any time and in particular in accordance with legislative or regulatory changes.
The User is therefore advised to regularly consult the latest version of the Terms of Use available on the mobile application My Endo App.

Force majeure

HDSI may not be held liable if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French courts, and in particular natural disasters, fires, malfunction or interruption of the network. HDSI uses all the necessary means at its disposal to guarantee the security of the data, content and information in its possession.

Partial invalidity

If one or more of the provisions hereof should be invalid void under the terms of a regulatory legal provision or a court decision that has become final, it would be deemed unwritten and would not result in the nullity of the other provisions.

Applicable law and competent jurisdiction

These provisions and, more generally, the relationship between the User and HDSI are subject to French law.
Any dispute that may arise from the interpretation of these provisions or contractual relations between the User and HDSI shall be subject to the jurisdiction of the French courts.
In the event of a dispute, the courts of Marseille are the only competent courts.

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