Terms of Use – Version 1 – Updated date: 20/09/2023

1. Object – Acceptance – Account creation

You act as a user of the NeuroMed platform (hereinafter the “User” and the “Platform”), owned by the company LIFE MEDICAL CONTROL (the “Company”), a French company, whose head office is located at Metrotech Technological Park 42650 SAINT-JEAN-BONNEFONDS, FRANCE, RCS Saint-Etienne B 500 643 424.

This Platform will make it possible to collect and analyse the data recorded on your patient (the “Patient”) and transmitted by the Neurocoach® equipment. It also allows the user to keep in the same space all of their patient’s information relating to the use of the NeuroCoach® device, from the recording of patient data to the report of their NeuroCoach® analysis.

When you first connected to the Platform, you had the opportunity to read these Terms of Use and accept them with one click, which now allows you to access the features of the Platform.

These Terms of Use may be modified at any time. In such a case, for the new Terms of Use to apply to you, you must reiterate your acceptance during your next connection. Otherwise, all access to the Platform will be suspended.

The use of your connection details, provided when creating the account, remains under your sole responsibility, and are confidential.

If you disagree with the content hereof, you will not be able to access the Platform.

2. Platform Description

The functionalities of the service covered by the Platform are as follows:

• Collect and store data relating to the Patient,
• Analyse Patient data
• Send the data recorded by the NeuroCoach
• Receive and store your patients’ reports
• Store user account data (last name, first name, billing data, etc.)
• Guarantee data confidentiality and security

The various functionalities described above are implemented in compliance with the laws and regulations on confidentiality, collection, storage, processing and transfer of personal data and other information relating to the health of individuals in force in India and France

All features may change at any time.

The Company may modify the content of the Platform, its presentation and its operation at any time without liability.

When using the Platform, you will need to enter personal data concerning yourself as well as personal data concerning your Patients (the “Personal Data” which means any data or information which allows a natural person to be directly or indirectly identified). You may also be asked to fill out forms with your Personal Data.

It will then be necessary to indicate your express consent to the collection of this Personal Data under the conditions provided for by law n°78-17 of January 6, 1978 Informatique et Libertés modified by law n°2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of April 27, 2016, and the Digital Personal Data Protection Act, 2023 (“DPDP Act”) relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, by clicking on the appropriate box.

It will be up to you to contact the Company for the exercise of your rights of access, rectification, and deletion under the said law at the email address below: assistance@neurocoach.fr.

Likewise, you undertake to inform the Patient beforehand and to obtain his written consent to the collection, processing and transfer of his Personal Data in accordance with the legislation in force in India on the protection of digital personal data.

This obligation will materialize by clicking on the box entitled “I declare that I have informed and obtained the patient’s prior consent to the collection, transfer and processing of their personal data”.

The document attesting to the prior information and consent of the Patient may also be requested at any time by the Company. If this document cannot be communicated by the User, access to the Platform may be automatically suspended with immediate effect.

3. User Obligations

As a User, you declare that you are fully aware of the characteristics of the Internet and the constraints related to its use, in particular the impossibility of guaranteeing the integrity and confidentiality of all data passing through it. As part of the use of the Platform, you agree not to disclose or distribute content likely to harm the image of the Company and/or any third party and which does not comply with the legal and regulatory provisions in force, or use computer programs likely to disrupt, interrupt, destroy in whole or in part the service provided by the Platform. Similarly, you agree not to infringe the Intellectual Property Rights of a third party, nor disseminate any information of a confidential nature or the dissemination of which would constitute a violation of a contractual commitment vis-a-vis a third party. You acknowledge using the data collected and/or generated by the Platform under your sole responsibility.

You waive the right to exercise any recourse against the Company in the context of proceedings brought by a third party, a Patient, another User or your employer – in the event that the latter has authorized you access to the Platform – due to the publication of any statement or opinion, or as a result of any breach of the obligations arising hereunder.

You acknowledge that it is prohibited to carry out any action likely to interrupt the Platform, to restrict its availability, to prevent its continuity. Any intrusion or attempted intrusion into the Platform, misuse of data, breach of the security and authentication measures of the Platform give rise to legal proceedings.

4. Intellectual property

The Platform, the functionalities offered there as well as all the elements constituting them are the full and entire property of the Company, including the related intellectual property rights, and all brands and logos used by the Company. The Company indirectly grants you a limited, personal, non-transferable and non-exclusive license for the purposes of using the Platform under the conditions provided for herein. Any other use is expressly excluded. The content made available to you as part of the Platform can be used only in this context, without the right of use, reproduction and/or distribution for commercial purposes, and under your sole responsibility.

You may under no circumstances, whether directly or with the assistance of a third party, without the prior written consent of the Company, except under the conditions strictly provided for by law:

• Modify the Platform,
• Reproduce the Platform,
• Arrange, adapt, translate the Platform,
• Correct the Platform,
• Decompile the Platform.

5. Personal Data

The Company collects and processes Personal Data when creating your profile, in particular connection identifiers, first and last name, professional email address and Personal Data relating to the Patient.

The purpose of the processing performed by the Company is to carry out all operations relating to the management of Users, for the purposes of using the Platform and all operations relating to the management and analysis of Patient health data.

The Personal Data collected is essential for this processing and is intended for the authorized services of the Company.

Personal Data is kept for the entire duration of use of the Platform and for a maximum period of 2 years from the end of this use. It is however specified that part of the data collected, namely:

• Date of birth
• Height and weight
• Sexe
• Declaration made by the patient regarding its health
• Results issued by the NeuroCoach analysis

 will be kept beyond this period of 2 years and within the maximum limit of fifteen (15) years from the end of use of the Platform and this at medical and scientific research purposes.

Personal Data is hosted on the servers of the company Free Pro SAS, 3 rue Paul Brutus 13015 Marseille registered 439 099 656 RCS Marseille. The Free Pro company presents all the adequate security guarantees in terms of the security of personal data.

You have, at any time and without having to justify it, a right of access, rectification, erasure, opposition, limitation, and portability of the Personal Data collected (Articles 15, 16, 17, 18, 20 and 21 of the General European Data Protection Regulation (EU) No. 2016/679). You can at any time obtain a copy of the Personal Data concerning you, request their transmission to another data controller, request deletion or rectification, opposition to the receipt of commercial solicitations, modification of contact details, opposition to their communication by sending a written notification by e-mail to the following address: assistance@neurocoach.fr. You are informed that you have the right to lodge a complaint with the National Commission for Information Technology and Liberties, www.cnil.fr

6. Applicable law and competent jurisdiction

These Terms of Use are governed by French law.

Any dispute in connection with these Terms of Use will fall under the exclusive jurisdiction of the courts of Saint-Etienne, even in the event of a warranty claim or multiple defendants.