Reckonect - General Terms and Condition of Service

ARTICLE 1 - SCOPE OF APPLICATION

In accordance with Article L441-1 of the French Commercial Code, these General Terms and Conditions of Sale (hereinafter "GTCS") form the basis of the commercial relationship between the Parties. The purpose of this GTC is to determine the conditions under which customers (hereinafter the "Customer(s)") access the Platform and the Products developed by RECKONECT.

ARTICLE 2 - DEFINITIONS

By "Avatar Library" we mean the avatars developed by RECKONECT who represent a particular pathology.

By "Modules" we mean the various digital modules offered by RECKONECT at the Customer's request, to obtain in particular a product on a type of pathology of his choice and/or with his own analysis data.

By “Products" we means the Avatar Libraries and Modules accessible via the Platform.

By "Data" we mean all personal data that may be collected within the framework of the Platform as well as Customer Data.

By “Customer Data" we mean the data uploaded by the Customer to the Platform as well as the Customer's designs and notes, in any form resulting from or provided through the use of the Platform.

By "Order" we mean any request for access to a Product available through the Platform.

By "Platform" we mean the platform providing online access to the various services and Products developed by RECKONECT.

By "Interface": we mean the interface dedicated to the Customer, enabling him to access all his Orders and to access several tools such as note-taking.

By "Customer" we mean the legal entity or natural person benefiting from access to the Platform.

By "Parties" we mean RECKONECT or the Customer inpidually and RECKONECT and the Customer collectively.

ARTICLE 3 - ORDER

Any Product Order implies the Customer's acceptance of these GTC.

Except in the case of access for a trial period as provided in article 4.1, the Customer may place an Order at any time on the Platform after creating an account.

To place an order, the Customer must select the Product(s) of its choice by clicking on the Product(s) concerned and choosing the desired access period. Once the Product has been selected, it is placed in the Customer's cart. Each Product is presented on the site in the form of a description of its main technical characteristics. If the Customer has not already done it will then be invited to log in or register.

Once the Customer has validated the contents of its cart and logged in/registered, a form will be displayed summarizing the price, applicable taxes and duration of access.

Upon validation of this information, the Customer will proceed to the payment of the Products, following the instructions on the Platform.

Once all the steps described above have been completed, a page appears on the site to acknowledge receipt of the Customer's Order. A copy of the Order confirmation is automatically sent to the Customer by e-mail, provided that the e-mail address given on the registration form is correct.

Once the Order has been paid for, Customer account is created and the Customer may access the Products purchased via the Platform by logging on to the Interface.

ARTICLE 4 - ACCESS TO THE PLATFORM

4.1 Trial period

In some cases, the Customer may benefit from a free trial period allowing access to certain Products. To do so, the Customer must contact RECKONECT directly and explain
its needs. RECKONECT may provide the Customer with login details and configure access to certain Products. This free access will only be available for the period defined by RECKONECT. At the end of this period, access will be withdrawn. The rules of use mentioned in these GTC also apply to the Customer in the event of free access.

4.2 Creating an account

The Customer may create an account on the Platform at any time by specifying a login and password. Platform login are personal and confidential. They may only be changed at the request of the Customer or duly identified User. The Customer undertakes, on its own and on its Users’ behalf, to make every effort to keep such Platform login secret and not to divulge it in any form whatsoever. The Customer is entirely responsible for the use of the login details and is responsible for the safekeeping of the access codes given to him by RECKONECT.

4.3 Use of the platform - Access to Products

Products are only available for the access period specified in the Order. At the end of this period, access will be automatically suspended.

Use of the Platform and access to the Products by the Customer is carried out under the Customer's control and responsibility. Under no circumstances shall RECKONECT be held liable for any misuse of the Platform, Products and Data by the Customer.

In particular, the Customer undertakes not to download any personal data through the Platform without RECKONECT's authorization, nor to make the Platform and the Products accessible to third parties in any way whatsoever.

Access to the Platform does not include the supply of hardware devices, the cost of telecommunications or the cost of Internet access, which remain the responsibility and expense of the Customer.

ARTICLE 5 - AVAILABILITY

5.1 General information

RECKONECT undertakes to use all reasonable means at its disposal to ensure access to the Platform and the Products under the best possible conditions in terms of continuity of service.

Nevertheless, access to the Platform and Products may be occasionally interrupted by breakdowns or temporarily suspended due to maintenance operations necessary for the proper functioning of the Platform and Products. Except in the case of urgent preventive maintenance, linked to the security of the Platform, these preventive maintenance operations will be scheduled at least seven (7) days in advance and will be notified to the Customer.

5.2 Internet-related risks

Access to the Platform is provided via the Internet and/or the telephone data network, and as the Internet is made up of numerous interconnected networks, RECKONECT cannot be held liable for malfunctions occurring outside its own network. In particular, RECKONECT shall not be held liable in the event of interruption of the Customer's Internet access, unavailability of the Customer's broadband line or malfunctions in the Customer's computer equipment.

The Customer acknowledges that the Internet presents risks and imperfections, which may lead in particular to temporary drops in technical performance, increased response times when using the Platform online, or even temporary unavailability of the Platform's hosting servers.

ARTICLE 6 - CANCELLATION OF ORDER

RECKONECT gives its Customers the option of cancelling their Order within 24 hours. Customers must inform RECKONECT of their intention to cancel their Order before the expiry of this 24-hour period by completing the form accessible via the Interface. If the request to cancel the Order is made within 24 hours, RECKONECT will refund the Customer and terminate access to the Product.

ARTICLE 7 - RESPONSIBILITY

7.1 Principle

Each Party assumes responsibility for the consequences resulting from its faults, errors or omissions, causing direct damage to the other Party.

In addition, and in the event of proven fault on the part of the Customer, RECKONECT shall only be liable for the pecuniary consequences of direct and foreseeable damage resulting from the performance of the Platform. Accordingly, RECKONECT shall under no circumstances be liable for any indirect or unforeseeable loss or damage suffered by the Customer or third parties as a result of the Customer's use of the Platform. Furthermore, RECKONECT shall not be held liable for the accidental destruction of Data by the Customer or a third party having accessed the Platform using the Customer's identifiers.

7.2 Exclusions

Except in the case of gross negligence, RECKONECT may not be held liable for :

  • interruption of access to the Platform due to a malfunction of the Customer's IT infrastructure and systems;
  • contamination by viruses of the customer's data and/or software and computer systems, the protection of which is the responsibility of the customer;
  • the consequences of any misappropriation of passwords, confidential codes and, more generally, any information entrusted to RECKONECT by the Customer for use of the
    Platform;
  • misuse of the Platform by the Customer In no event shall RECKONECT be liable for any indirect, special or consequential damages whatsoever, including, without limitation, lost profits, loss of confidential or other information, business interruption, invasion of privacy, and any pecuniary or other loss, arising out of or in connection with the use or inability to use the Platform.

If RECKONECT's liability is recognized by a final decision of a competent court in respect of the provision of the Platform used hereunder, the maximum amount of damages to which it may be ordered shall, in any event and whatever the basis of RECKONECT's liability, be capped at the total amount paid by the Customer over the last twelve (12) months.

ARTICLE 8 - SPONSORSHIP

RECKONECT provides for sponsorship operations enabling a Customer to sponsor a third party and obtain discounts for both the Customer and the third party. In order to sponsor a third party, RECKONECT has set up an invitation system which the Customer can access directly through his Interface.

ARTICLE 9 - FINANCIAL TERMS AND CONDITIONS

9.1 Payment

Prices are those shown on the Platform at the time of the Order. Orders are paid for by credit card or bank transfer. Contractual information is presented in French and will be confirmed at the latest when your Order is validated. RECKONECT reserves the right to modify its prices at any time. However, the Product will be invoiced on the basis of the price list in force at the time the Order is validated and subject to availability.

9.2 Promotional codes - Temporary discounts

RECKONECT may provide to the Customer promotional codes to reduce the price of the Products. This promotional code must be applied by the Customer on the payment page. Some promotional codes are time-limited and can only be used for the specified period. In some cases, promotions may be applied directly to the sale price of the Product. These promotions are valid for a given period only. If the Customer places a discounted Product in its cart but validates its Order after the time limit, the discount may no longer apply.

9.3 Payment confirmation

At the end of the Order process and once payment has been validated, the Customer will receive an Order confirmation e-mail at the address indicated at the time of the Order. Access to the Product will only be possible once payment has been validated.

ARTICLE 10 - WARNING

The Products are developed on the basis of publicly available information. Where public information is scarce, RECKONECT cannot guarantee the accuracy and relevance of its Products.

The Customer acknowledges that the use of the Products available on the Platform does not dilute, either directly or indirectly, the Customer's legal and regulatory obligations, both with regard to the competent national and European health authorities and with regard to end users (customers and/or patients).

It is further expressly agreed between the Parties that the Products supplied by RECKONECT in no way constitute a medical diagnosis or prognosis, or a surgical or therapeutic recommendation.

ARTICLE 11 - DATA PROCESSING

11.1 Customer's personal data

In the context of these GTC, RECKONECT is likely to collect the Customer's personal data, in application of Law n°7817 of January 6, 1978 relating to information technology and civil liberties, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, RECKONECT undertakes to collect only the information that is strictly necessary for the execution and operation of the Platform and access to the Products ordered.

The personal data stored is solely necessary for the proper operation of the Platform and access to the Products ordered. In particular, it corresponds to Users' surnames, first names and e-mail addresses, as well as to the Customer's identifying information.

Customers have the right to access, oppose and rectify information concerning them. On request, this information may be communicated to them and, in the event of error or modification, rectified. Under no circumstances will the customer's personal data be passed on or sold to a third party without RECKONECT's prior consent.

11.2 Customer data

When ordering certain Modules, the Customer must upload Data. The Customer expressly guarantees that when Customer Data is uploaded to the Platform, it will not contain any directly identifying information.

11.3 Data security

RECKONECT undertakes to implement the appropriate technical means to ensure the security, integrity and confidentiality of the Data, and in particular to protect them against any accidental or illicit destruction, accidental loss, alteration, unauthorized distribution or access, as well as against any other form of illicit processing, or communication to unauthorized persons. To this end, Data will be hosted on a secure server and backed up daily.

With regard to the security of Data, in addition to the specific measures taken by RECKONECT, it is the Customer's responsibility to ensure that the Customer Data he/she uploads via the Platform is carried out in conditions of security and confidentiality that suit him/her, taking into account the different levels of access that he/she may define in his/her personal space.

11.4 Data storage

Personal data necessary for the administrative processing of Orders will be kept for a period of five (5) years from the last Order. RECKONECT does not keep unnecessary data, and Customer Data will be deleted each time a Product is no longer available.

ARTICLE 12 - INTELLECTUAL PROPERTY

RECKONECT is and remains the owner of the property rights relating to all software and databases implemented as part of the Platform, and more generally to its IT infrastructure implemented or developed as part of the Platform.

The provision of Products on the Platform does not give the Customer any right of ownership over them.

The Customer may not reproduce any element of the Platform or the Products available on the Platform, or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever.

The Customer shall not, directly or indirectly through third parties, modify, alter, decompile, disassemble or reverse-engineer all or part of the Products.

All skills, knowledge, know-how, tools (especially software), processes, methods and data used, pre-existing or developed remain its property and may be freely used for the benefit of its other customers or for its own account.

ARTICLE 13 - FORCE MAJEURE

Neither Party may be held liable for any delay in the performance of its obligations or for any failure to perform, where the delay or failure to perform is attributable to a case of force majeure, as defined in article 1218 of the French Civil Code, i.e. an unforeseeable, irresistible event outside the control of the Party concerned.

Should the force majeure event persist for more than one (1) month, the Parties will have the option of terminating the Subscription, it being the responsibility of the most diligent Party to assert this option by sending the other Party a registered letter with acknowledgement of receipt.

ARTICLE 14 - DEVELOPMENTS

These General Terms and Conditions are by their nature subject to change. RECKONECT remains free to modify these GTC, provided that it informs the customer in advance by any means.

Such changes shall come into force 30 days after RECKONECT has informed the customer.

ARTICLE 15 - SEVERABILITY CLAUSE

In the event that any of the provisions of these GTC are annulled by a competent authority, said provision shall simply be deemed unwritten, all other provisions retaining their force between the Parties.

ARTICLE 16 - APPLICABLE LAW AND
JURISDICTION

These terms and conditions are governed by French law. For any dispute relating to the interpretation, validity, performance and termination of the GTCS, and in the absence of amicable agreement, the Tribunal de GRENOBLE will have sole jurisdiction, even in the event of a warranty claim or multiple defendants.