Conditions générales d’utilisation

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.

1. DEFINITIONS

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:

  • France: app.ignilife.fr;
  • Brazil: app.ignilife.com.br;
  • elsewhere: app.ignilife.com.

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.

Services: means the services offered to those Professional Users accessing the Ignicloud Platform. These Services, as described in Sections 2 and 3 of these Terms of Use are provided by Ignilife in partnership with third-party companies under their sole, respective and exclusive responsibility, which the Professional User acknowledges.

Terms of Use: means these General Terms and Conditions of Use designed to control the use of the Services by the Professional User.

2. SERVICES ACCESSIBLE VIA THE IGNICLOUD PLATFORM

2.1. Built-in Services

Professional Users may access the following Services built in the Ignicloud Platform:

  • ADMIN allows Professional Users to edit Account parameters such as their profile, the team members, information on their company, access the help desk, etc.
  • DASHBOARD provides a summary overview of some of the information referred to above and updates Professional Users on their subscription plan.
  • MONITOR allows Professional Users to access aggregate data such as the average levels of ‘Health perceived’ and ‘Health score’, to identify the ‘Highest risk’ based on such data, and to view ‘Recruitment information’ and ‘Completion HRA’ data, for statistical purposes. Through MONITOR, Professional Users may access further general aggregate information regarding End Users’ levels of engagement on the Ignilife Platform (‘Audience’), view the general aggregate health score and health perceived of End Users (‘Health’), the status of quests launched and/or completed by End Users and the related levels of satisfactions (‘Coaching’) and obtain an overview of the Content published via the Ignicloud Platform (‘Feed’). A minimum of 10 invitations accepted by End Users is required for the Monitor Service on the Ignicloud Platform to be activated.
  • PROMOTE allows Professional Users to enrol new End Users, invite them via email and grant them access to the Ignilife Platform (each invitation corresponds to an Ignilife license), manage enrolment status and enrolment tools. To register End Users on the Ignilife Platform, the Ignicloud Platform generates an automatic email and individual activation code per invitation.
  • PUBLISH allows Professional Users to publish and manage Content such as useful numbers, questions, events and articles on the Ignicloud Platform, and to view the last actions carried out by End Users and Professional Users themselves.

A helpdesk with Frequently Asked Questions and contact form is also available to Professional Users at: ignicloud.zendesk.com/hc.

2.2. Services provided through third-party service providers

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:

  • Médecin Direct (www.medecindirect.fr) for the purpose of Online access to a doctor providing medical advice, diagnoses and online medical consultation.
  • Workshops and conferences, for the purpose of on-site dedicated training.

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.

3. WARNINGS REGARDING THE USE OF INFORMATION AND CONTENT PROVIDED ON THE IGNICLOUD PLATFORM

Professional Users agree not to use the information or any other Content present within the Ignicloud Platform for any purpose other than those described in these Terms of Use.

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.

4. PERSONAL ACCOUNT ON THE IGNICLOUD PLATFORM

4.1. Creating a personal Account on the Ignicloud Platform

Professional Users acknowledge that access to the different Services via the Ignicloud Platform is subject to:

  • Their express and unreserved consent of the current Terms of Use, and
  • The creation of an Account through which they will have to be systematically identified during each connection within the terms described hereafter.

The Professional User’s consent to these Terms of Use is expressed by ticking a checkbox acting as a proof of agreement.

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.

4.2. Connecting to the Account on the IGNILIFE ACCOUNT

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:

  • Either via the “Forgot password” button available on the Ignicloud Platform login screen (ignicloud.ignilife.com/#/auth/login), by choosing and following the applicable procedure
  • Or, when connected, through the ‘Profile’ page of the ADMIN section of the Ignilcloud Platform.

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.

5. TRIAL PERIOD AND SUBSCRIPTION

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.

6. MEMBER CONTRIBUTION SPACES

6.1. Professional User agreement

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:

  • Post information contrary to public policy or morality;
  • Post libellous, abusive, harassing or threatening content, or content that infringes the rights of others;
  • Post content that glorifies crimes against humanity, spreads racial hatred or paedophilia;
  • Create a false identity or usurp the identity of a third-party;
  • Divert from the initial purpose of the Services for propaganda, proselytism, prospection or solicitation;
  • Post commercial or advertising information, or promoting tobacco, alcohol, or any other regulated substance, product or service;
  • Post content that infringes the personality rights of a third party;
  • Post information that infringes legislation relating to the protection of Personal Data or allows the identification of a physical person without their consent, including their name, postal and/or electronic address, phone number, photography, sound or audio-visual recording;
  • Transmit any message containing viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer or telecommunication device.

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.

6.2. Moderation

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:

  • Communicate, to any person authorised by court decision, data that may identify any person having posted Content (including but not limited to messages, opinions or contributions) on the Ignicloud Platform that they are required to detain and retain in accordance with the Ignicloud Data Privacy and Security Policy [Insert link].
  • Withdraw a part or the entirety of Content posted by a Professional User, should the Editor become aware of its illicit nature.

6.3. Professional User rights assignment

In accordance with the provisions of Section 9 (“Intellectual Property Rights”) of these Terms of Use, any Content posted by Professional Users on the Ignicloud Platform containing data, comments or suggestions is considered as non-confidential and reproducible by the Editor within the Ignicloud Platform in accordance with the license granted by the Professional User on their contributions within the framework of the agreement of these Terms of Use.

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.

7. DUTY OF VIGILANCE – EFFORTS MADE TO COMBAT ILLICIT ACTIVITY

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:

  • Reporting a message or activity as illicit only to obtain its deletion or to cease its diffusion, while knowing this information is inexact,
  • Reporting, by any medium including electronic, and against a determined person, an act that may entail judicial penalties, while knowing it to be totally or partially inexact.

8. PERSONAL DATA PROTECTION

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.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. Content and Services of the Ignicloud Platform

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 adaptation, put at the public’s disposal on request or not, distribution, or rebroadcasting under whatever form, networking, public communication of all or part of the work, services, brands and all elements that are protected or liable to protection by the law of intellectual property reproduced on the Ignicloud Platform and its Services;
  • Any link, access, modification, addition, removal on the automated processing system of the online edition that may modify the conditions of publication or the editorial policy.

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.

9.2. Database

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.

9.3. Trade marks and other distinctive signs

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.

9.4. Professional User personal contributions

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:

  • Reproduction in whole or in part within the Ignicloud Platform,
  • Their technical adaptation to be integrated and published within the Ignicloud Platform;
  • Their transmission and public availability via the Ignicloud Platform within the personal contributions spaces specifically designed for this purpose.

For this reason, Professional Users guarantee the Editor:

  • That they dispose of the necessary rights and/or authorisations relating to copyrights or other rights of intellectual property and/or industrial attached to their Content posted on the Ignicloud Platform;
  • That they can possess the prior and written consent of every physical identifiable person in their Content to use their name and/or picture to be published on the Ignicloud Platform;
  • That their contributions do not violate any legal text and regulation in force or any personal rights belonging to third parties.

The Professional User undertakes, where applicable, to indemnify the Editor of any liability directly or indirectly resulting from any non-compliance with these guarantees.

10. RESPONSABILITY

10.1. Professional User responsibility

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:

  • To keep strictly confidential their passwords and usernames and to not reveal it to any third parties and, more generally any third party regardless of their qualities and professional activities;
  • To respect access management, in particular, to not use the password and username of another Professional User;
  • To warn the Editor of any technical malfunction they are aware of and any anomaly they may detect, such as intrusions;
  • To use the Ignicloud Platform and its Service and Content in compliance with the legal and regulatory requirements in force and in compliance with the provisions of these Terms of Use.

10.2. Editor 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:

  • The Professional Users’ use of the Content offered to them within the Ignicloud Platform via the Services, including the way they may be interpreted by the Professional User and the consequences of their use;
  • The disclosure by the Professional User to third parties of their username and/or their password;
  • The use by the Professional User of a password and code of an End User or another Professional User.

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”).

11. SECURITY

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.

12. CASES OF FORCE MAJEURE

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):

  1. Strikes, lockouts or other industrial actions;
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural catastrophe;
  4. When made impossible to use transport via rail, boat, plane, road, or any other means of transportation whether public or private;
  5. When made impossible to use telecommunication networks, public or private;
  6. Acts, decrees, legislations, regulations or restrictions from any government;
  7. Strikes, failures or accidents of maritime, postal or other transportation.

The enforcement of these Terms of Use will be suspended as long as the Case of Force Majeure will be occurring, and the performance of the Services will be extended for just as long. The Editor will strive where possible to make the Force Majeure cease or find a solution enabling the Editor to enforce its contractual obligations in spite of the Force Majeure.

13. CONVENTION OF PROOF

The Professional User recognises and accepts that, after their authentication on the Ignicloud Platform, the activation of checkboxes including those that lead to accepting the current Terms of Use and giving their express consent constitute a form of electronic signature as defined by the articles 1316-1 et seq. of the French Civil Code, and thereby indicate their consent by characterising its proof.

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.

14. MISCELLANOUS

The Editor may modify these Terms of Use at any moment, effective immediately and without prior notice. Should there be any amendment to these Terms of Use, Ignilife shall notify the Professional User of such amended Terms of Use upon their first visit on the Ignicloud Platform following the amendment of the Terms of Use.

These Terms of Use are governed by French law. Foreign Professional Users expressly accept the application of French law when navigating the Ignicloud Platform.

If one or several stipulations in the present Terms of Use are held to be invalid or are found to be so under the application of a law or regulation or following a definitive decision by a court of law with the appropriate jurisdiction, the other stipulations maintain their validity and their scope.

In case of conflict or dispute concerning the enforcement of these Terms of Use, the Professional User is informed that unless an amicable settlement between the parties is found, they may seek a free conventional mediation procedure or any alternative method of dispute resolution.