The access to and use of the Ignicloud Platform implies the UNRESERVED agreement to these General Terms and Conditions of Use. These General Terms and Conditions of Use define the arrangements for the use of the Ignicloud Platform, as defined below.
Editor– The Ignicloud Platform is published by Ignilife France SAS (hereinafter referred to as “Ignilife”), a simplified joint-stock company registered under French law with a capital of 106,146€, headquartered at 400 Avenue Roumanille BP 80037 06901 Sophia-Antipolis Cedex, registered with the RCS of Antibes under no. 807 648 829 – Telephone: +33 (0)4 83 65 09 61.
Publication director– Fabrice Pakin.
Hosting– The Ignicloud Platform is hosted by Amazon Web Services, on the AWS France Region.
Account: means the account opened by the Professional User on the Ignilife Platform to access and use the Ignilife Platform, including Services and Content.
Content: means all functionalities and more broadly any element or information made available on the Ignicloud Platform.
End User(s): means the users of the Ignilife Platform.
Ignicloud Platform: means the platform used by a Professional User consisting of the Ignicloud software as a service (SaaS) and the Ignicloud website ignicloud.ignilife.com with restricted access, comprised of Services and Content.
Ignilife Platform: means the platform used by an End-User consisting of the Ignilife e-health application, available on the App Store and Google Play and the Ignilife website with restricted access:
Ignilife, we or us: means Ignilife and other companies of the Ignilife group.
Personal Data: means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Ignilife (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Ignilife or any other person in respect of an individual.
Professional User(s) or You: means the users of the Ignicloud Platform, that individually subscribes to our Services.
Professional Users may access the following Services built in the Ignicloud Platform:
A helpdesk with Frequently Asked Questions and contact form is also available to Professional Users at: ignicloud.zendesk.com/hc.
To provide Professional Users with the Services referred to under Section 2.1 (the “Built-in Services”) and any additional payable Services, Ignilife may resort to third-party services providers such as:
In accordance with Section 11 (“Editor responsibility”), the Editor cannot be held responsible should the content of the Services provided through third-party service providers infringe any rights of third parties and any legal or regulatory provision in force. These Services are provided under the exclusive responsibility of the companies that edit and/or provide them, which the Professional User expressly agrees to and accepts.
The Content present within the Ignicloud Platform strives to be scientifically exact, reliable, relevant and common to all Professional Users at the time of publication.
For this reason, the Editor is committed to controlling and updating the Content on the platform to the best of their ability. Nevertheless, the Editor cannot guarantee the exactitude, relevance, quality, exhaustiveness, currency or comprehensiveness of the Content available on the Ignicloud Platform. Because of the progress made within the scientific and medical fields, Professional Users acknowledge that some of the information provided is neither complete nor comprehensive, and may not be systematically updated.
It is Professional Users’ responsibility to assess the adequacy of the Services and Content provided via the Ignicloud Platform with their needs. Professional Users are solely responsible for any decision they make based on the information provided by the Content or Services of the Ignicloud Platform.
Some Content, including aggregate data and reports accessed by Professional Users on the Ignicloud Platform, may be the result of data collected from connected objects, wearables and other devices used by End Users operating the Ignilife Platform. Ignilife can in no event be held responsible for the functionality of such connected objects, wearables and other devices used by End Users, for their interoperability with the Ignilife Platform and/or Ignicloud Platform where applicable, for their conformity with applicable legal provisions, nor for the accuracy of the data and reports that are provided on the Ignicloud Platform as a result of their use.
Professional Users acknowledge that access to the different Services via the Ignicloud Platform is subject to:
Should the Professional User provide false, inexact, misleading, incomplete or obsolete information, the Editor reserves the right to suspend or refuse access, without notice or compensation, temporarily or irrevocably, to a part or all of the Platform as well as its Services and Content.
Professional Users are able to connect to their Account on the Ignicloud Platform by entering a login (the Professional User’s valid email address or associated username) and a password.
The required password is the one Professional Users will have entered when creating their Account. In accordance with the required security standards, this password must contain at least eight characters, and should include at least 3 types of different characters (capitals/lower case, special characters, and numbers).
Professional Users acknowledge that their password is strictly personal and confidential. For this reason, the Professional User is solely responsible for the use of his/her password agrees to take all appropriate measures to ensure the confidentiality of his/her password, and agrees to not communicate it, hand it over or make it available to any third party.
The password is used to authenticate the Professional User and associates the Professional User with any actions undertaken using their login. In other words, any actions undertaken on the Professional User’s personal Account via his/her login and password will be attributed to the Professional User who is solely responsible for them.
In the event of loss, theft, or fraudulent use of their password, Professional Users will have to choose a new password:
Because of the sensitive nature of some of the data contained within their personal Account, Professional Users will have to use a strong password in order to access it.
Upon creation of the Account, Professional Users may enjoy a 14-day trial period during which the Services built in the Ignicloud Platform will be provided free of charge by Ignilife. The free trial ends on the 15th day following the creation of the Account.
After the free trial, Professional Users will be asked to choose a subscription method and settle payment on a monthly or annual basis. The amount charged by Ignilife will depend on the number of End Users registered to use the Ignilife Platform and the Services requested by Professional Users through the Ignicloud Platform.
The Ignicloud Sales Terms and Conditions apply to all Services provided by Ignilife and purchased or subscribed to by Professional Users through the Ignicloud Platform, such as the Services described in 2.1 (“Built-in Services”). Other conditions may apply to Services provided in accordance with Section 2.2 (“Services provided through third-party service providers”).
If new End Users are added during a subscription cycle, Ignilife will only charge Professional Users for the time used. If Professional Users revoke access to an End User, Professional Users can re-assign the unused license to a new End User without extra charge. Unused licenses will be removed yearly when renewing. All prices shown on the Ignicloud Platform do not include any applicable taxes.
When they post contributions within collaborative and interactive spaces within the Ignicloud Platform (including – but not limited to – PUBLISH), Professional Users agree to post Content in compliance with the legal and regulatory provisions in force and in accordance with the terms set out below.
In particular, the Professional Users agree not to:
Professional Users agree not to disclose any data and/or information relating to another Professional User, End User or third party without their prior and express consent.
Professional Users are informed that any Content (including messages, contributions, and comments) that they could post within the Ignicloud Platform will be so under their sole responsibility.
The Editor will undertake NO PRIOR VERIFICATION OF THE INFORMATION posted by the Professional Users.
For this reason, the Editor does not provide any guarantee whatsoever in relation to the Content (including but not limited to comments, messages and contributions) posted by Professional Users within the Ignicloud Platform, their precision, comprehensiveness, reliability, or veracity.
Professional Users are informed and agree that all Content (including but not limited to messages, opinions or contributions) posted within the collaborative and interactive spaces of the Ignicloud Platform are public communications, subject to all regulations in force, and entail therefore their responsibility. The Editor shall not be responsible for such Content (including but not limited to messages, opinions or contributions) posted by Professional Users. Professional Users are solely responsible for the content of the Content they post on the Ignicloud platform (including but not limited to messages, opinions or contributions), regardless of their nature, object, and finality.
The Editor implements an ex-post moderation of the Professional Users’ Content (including but not limited to messages, opinions or contributions) automatically/directly posted within the collaborative and interactive spaces of the Ignicloud Platform, without prior editorial control or prior fixation on the material support by the Editor.
The ex-post moderation operations take place strictly in accordance with the provisions of the French law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
For this reason, Professional Users acknowledge that the Editor benefits from lightened liability regime in relation to Content (including but not limited to messages, opinions or contributions) posted by Users on the Ignicloud Platform.
In this context, Professional Users are informed and agree that the Editor may:
Any Content posted by Professional Users may consequently be reproduced by the Editor and its subsidiaries and made available to the public within the Ignicloud Platform.
Professional Users acknowledge that an alert system is made available to any person who would like to report a post within the Ignilife Platform because of its contentious nature, including those relating to articles 24, paragraphs 5 and 8 of the French Press Act and 227-23 of the French Penal Code, such as glorifying crimes against humanity, racial hatred or child pornography, in accordance with the provisions of the article 6 – I – 7, paragraphs 3 and 4 of the French law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
In order to do so, the End User must click on the link “Report content” on the Ignilife Platform’s content, on the Services homepage and/or any other place the Editor of the Ignilife Platform might see fit, while identifying the contentious, explaining why it is unlawful, and providing, for physical persons, their surname, name, home and mobile numbers, and for legal persons, their name, corporate name, address, phone number and identity or their legal representative.
Abusing this functionality is subject to engaging the responsibility of those who use it. The following may, in particular, give place to legal proceedings:
Professional Users are informed that the Personal Data processed by Ignilife, in the context of the Ignicloud Platform, is necessary to the functioning of the Ignicloud Platform. Professional Users have expressly consented to having their data processed in according with the conditions described in the Ignicloud Data Privacy and Security Policy.
The entirety of Content and Services accessible via the Ignicloud Platform are protected by intellectual property rights, held and claimed by the Editor with the consent of the holders of these rights, or where appropriate of their partners.
These Services and Content are exclusively aimed at providing information and for the use of the Professional User who benefits from private, non-collective and non-exclusive rights.
Save for the prior and express authorisation of the Editor, all reproductions, representations and usages by the Professional User other than those described hereunder are prohibited, including:
Any failure by the Professional User to deliver on these obligations constitutes an infringement sanctioned by articles L. 335-2 et seq. of the French intellectual property code.
Pursuant to the provisions of the law no. 98-536 of 01 July 1998 implementing European Directive of 11 March 1996 relating to the protection of data bases into the Code of Intellectual Property, the Editor is producer and owner of all or part of the databases constituting the Ignicloud Platform.
By accessing the Ignicloud Platform, the Professional User agrees that its data are legally protected and, in accordance with the French law of 01 July 1998 referred to above, refrains itself from extracting, reusing, storing, reproducing, representing or holding, directly or indirectly, on any support, by any way and in any form, any qualitative or quantitative part of the content of the databases contained within the Ignicloud Platform which they are accessing, as well as extracting or re-using in a repeated and systematic manner non-substantial qualitative or quantitative parts when these operations clearly exceed normal conditions of use.
Unless otherwise specified, all trademarks used on the Ignicloud Platform are the property of Ignilife or its business partners.
Save prior and express authorisation from Ignilife and/or its partners, any use of the trademark and its marks, figurative and otherwise, belonging to the Editor or to third parties subjects the Professional User to legal action.
The Professional User grants the Editor, free of cost, for the whole period of legal protection of the rights and for the entire world, the license to use all of the Content (including but not limited to contributions, messages and comments) they may have posted within the personal contribution spaces hosted within the Ignicloud Platform, for the purpose of:
For this reason, Professional Users guarantee the Editor:
The Professional User undertakes, where applicable, to indemnify the Editor of any liability directly or indirectly resulting from any non-compliance with these guarantees.
Professional Users remain fully and personally responsible of their use of the Ignicloud Platform and its Services under conditions of ordinary law.
In particular, it is their responsibility:
The Editor is solely bound by an obligation of means with regards to its own obligations.
The Ignicloud Platform, the Services and the Content are used under the sole responsibility, control, and direction of the Professional User. The Editor can in no way be held accountable of any direct or indirect prejudice, whatever it may be, originating from the Professional User’s use of the Ignicloud Platform and its Services and any other Content for any reason and under any circumstance.
For this reason, the Professional User is committed to validating the adequacy of the Ignicloud Platform, its Services and any other Content with their needs, and to using the Ignicloud Platform, the Services and any other Content under normal conditions and in accordance with its intended purposes.
Considering the intrinsic specificities of the Internet, the data transmitted via the Ignicloud Platform and related websites cannot ensure all possible scenarios involving threats of misappropriation and/or hacking, for which Ignilife cannot be held responsible.
In particular, Professional Users agree that the aggregate results concerning End Users which they receive through the Ignicloud Platform are general and indicative in nature and can in no event be considered as diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease.
The Editor is not responsible for the quality, relevance, comprehensiveness or veracity of the information provided by the Professional Users and third-party service providers, under their own responsibility, control and direction.
Professional Users are hereby informed that the Editor will not be responsible for any damages resulting from:
Some links may refer to other applications, platforms, websites or social media pages or services provided by third-party companies. The Editor cannot be held responsible should the content of said applications, platforms, websites or social media pages or services infringe any rights of third parties and any legal or regulatory provision in force. These applications, platforms, websites or social media pages or services are provided under the exclusive responsibility of the companies that edit and/or provide them, which the Professional User expressly agrees to and accepts. This includes the Services offered by Ignilife through in accordance with Section 2.2 (“Services provided through third-party service providers”).
Professional Users acknowledge having been fully informed about the defects in the reliability of the Internet, particularly in terms of absence of security relating to the transmission of data and to the lack of a guarantee of performance relating to the volume and the speed of transmission of data, and propagation of viruses or any other technical constraint that are not under the control and responsibility of the Editor.
In any case, the Editor cannot be held responsible for these risks and their prejudicial consequences, whatever their extent, for the Professional User.
It is the Professional Users’ responsibility to take any appropriate measure to protect their own data, software, hardware and equipment from contamination from viruses or any other form of attack that may circulate through the Ignicloud Platform.
The Editor makes every effort to make the Ignicloud Platform accessible 24 hours a day, 7 days a week, but cannot be held responsible if this objective is not fulfilled.
The Editor cannot be held responsible for any failure or delay in the performance of Services, caused by events outside of its control (“Cases of Force Majeure”).
A Case of Force Majeure includes any action, event, non-completion, omission or accident outside of the Editor’s control and includes (without limitation):
In accordance with the provisions of the article 1316-1 et seq. of the French Civil Code, the computerised records held within the Editor’s electronic file processing servers, those of its partners and approved data hosting companies, within conditions of reasonable security and integrity, are considered, indisputably, as proof of tasks, exchanges and notifications that take place as requirements for the Services, including the implementation of an electronic signature, on the base of the use of a password/login considered as a valid signature and a proof in the sense of regulations mentioned above.
As such, except in the case of an obvious and proven mistake of the Editor, its partners and/or approved health-related data hosting companies, the Professional User cannot contest the admissibility, the validity or probative force of elements in the electronic formats or supports mentioned above, on the basis of any legal provision and that may specify that certain documents must be written or signed to constitute proof. Thus, the considered elements constitute proof and, if they are produced as means of proof by the Editor, its partners and/or approved health-related data hosting companies in any contentious procedure or other, will be admissible, valid and binding in the same way, in the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.