General Terms and Conditions of Use

Legal Notice

Editor

This site 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 N°807 648 829 – Telephone : +33 (0)4 83 65 09 61

Publication director: Fabrice PAKIN.

Hosting

This website is hosted by OVH – S.A.S with a capital of 10 069 020 € – 2, rue Kellermann – 59100 Roubaix – RCS of Metropolitan Lille n° B424 761 419

The access to IGNILIFE implies the UNRESERVED agreement to these General Terms and Conditions of Use.

The present General Terms and Conditions of Use define the arrangements for the use of all IGNILIFE Services, a prevention program brought to you by IGNILIFE.

You may access IGNILIFE directly from the website app.ignilife.fr and/or by downloading the app on the App Store or Google Play.

IGNILIFE relies on reinforced safety devices (including the approved hosting of your health-related data) in order to process your administrative and health data within conditions guaranteeing their confidentiality, integrity and more broadly their safety, in accordance with the regulations of the General Data Protection Regulation (EU) 2016/679 of April 27th, 2016 and any law applying this regulation. For further information, please refer to the Confidentiality and Data Safety Charter.

IGNILIFE CANNOT PROVIDE CONSULTATIONS OR DIAGNOSTICS. IF YOU CURRENTLY HAVE OR HAVE HAD A PATHOLOGY PLEASE CONTACT YOUR DOCTOR. IGNILIFE’S ADVICE AND RECOMMENDATIONS ARE NOT AND/OR MAY NOT BE ADAPTED TO YOUR HEALTH CONDITION. FOLLOW YOUR DOCTOR’S ADVICE AND REGULARLY CONSULT THEM.

1. DEFINITIONS

User: Refers to any person that individually subscribed to our Services, regardless of their health status.

TOU: Refers to the present Terms of Use designed to control the use of the Services by the User.

Content: Refers to all articles, photos, illustrations, health programs, quizzes, questionnaires, tests, functionalities and more broadly any element within the IGNILIFE Portal.

Personal account: Refers to the account created by every User upon their first connection to the e-health Portal and allowing them access to their private and secure space where is listed all the User’s personal data insofar as they are used by the offered Services.

Editor: Refers to IGNILIFE.

Connected objects: Refers to objects and devices connected to the Internet and owned by the User through which the User can collect information and share it with the IGNILIFE Portal so that they may appear on the dashboard.

Connected objects platform: Refers to the connected objects platform linked to IGNILIFE, which allows the User to link their connected object(s) and/or mobile application(s) to the IGNILIFE portal so that they may appear on the dashboard and to customize the programs.

IGNILIFE Portal: Refers to the web and mobile applications edited by IGNILIFE accessible via the address app.ignilife.fr and from which can be accessed the Services and Content, as described in Articles 2 and 3 of these TOU and made available to Users by IGNILIFE.

Services or e-health services: Refers to the services offered to Users via the IGNILIFE Portal. These Services, as described in Articles 2 and 3 of these TOU are provided by IGNILIFE in partnership with third-party companies under their sole, respective and exclusive responsibility, which the User acknowledges. Every time a Service is provided by IGNILIFE, the User will be advised in these TOU.

IGNILIFE: Refers to the prevention program offered to Users via the IGNILIFE Portal and comprised of Services and Content.

2. PRESENTATION OF THE E-HEALTH SERVICES ACCESSIBLE VIA THE IGNILIFE PORTAL AND WARNINGS

IGNILIFE is a prevention program offered to Users in order to improve their behaviors on a daily basis to achieve a better health status and well-being, by providing them with various Services through an e-health Portal.

THESE E-HEALTH SERVICES ARE LEFT UNDER THE EXCLUSIVE CONTROL OF THE USER. FOR THIS REASON, THE USER ACKNOWLEDGES AND ACCEPTS THE EDITOR DOES NOT UNDERTAKE ANY VERIFICATION, VALIDATION OR CONTROL OF THE EXACTITUDE, COHERENCE OR QUALITY OF THE DATA THE USER ENTERS UNDER THEIR OWN CONTROL, DIRECTION, AND RESPONSIBILITY, OR THE DECISIONS THE USER MAY TAKE REGARDING THEIR OWN HEALTH.

The Editor may choose to offer new Services or adapt existing Services and will, therefore, update the present TOU according to the conditions presented in 14. General information.

2.1. User health profile

The Services offered by the IGNILIFE Portal focus on the User’s health profile, established by self-assessment questionnaires and updated as Users utilize the Services.

A point-based system is also offered to reward the User’s regularity and their health profile’s evolution.

2.2. Self-assessment questionnaires and User health score

The self-assessment questionnaires aim to establish the User’s health profile and provide them with information and e-health Services adapted to their profile.

A first self-assessment questionnaire relating to the User’s lifestyle and perceived health is presented to the User when they create their Personal account in order to establish their general health profile.

Once the profile is complete, the User can access our e-health services.

The User will later be asked to expand their health score and evaluate their risks based on thematic health questionnaires, in order to define their priorities for action. The User will be asked to answer questions relating to each risk factor and, for each theme, the survey will be divided into various steps.

The User is informed they may stop at any step of the self-assessment and continue the progress of their health score when they wish.

The themes covered are linked to nutrition, emotional health (stress, anxiety, social relationships), physical activity, sleep, build (weight, BMI, waist circumference), living conditions (working conditions, pain, musculoskeletal conditions), biological measures, addictions (tobacco, alcohol, sleeping pills) and medical attention (oral health, medical monitoring, vaccinations, screening tests).

WARNING: THE QUESTIONNAIRES AND THEIR RESULTS ARE STRICTLY INDICATIVE AND CAN UNDER NO CIRCUMSTANCE BE CONSIDERED MEDICAL ADVICE OR DIAGNOSTICS, AND CANNOT BE SUBSTITUTES IN ANY WAY OF A CONSULTATION BY COMPETENT HEALTH CARE PROFESSIONALS.

MORE GENERALLY, USERS MUSN’T USE THE INFORMATION PROVIDED ON THE IGNILIFE PORTAL TO ESTABLISH A DIAGNOSTIC OR DETERMINE A TREATMENT AND MUST CONSULT WITH COMPETENT HEALTH PROFESSIONALS BEFORE TAKING ANY DECISION REGARDING THEIR HEALTH.

2.3. E-coaching programs

E-coaching programs are offered to the User according to their health profile on various topics regarding nutrition, emotional health, build, living conditions, addictions, physical activity etc.

E-coaching programs can be composed of quizzes, challenges and information sheets in order to help the User self-evaluate and strengthen their knowledge of their desired topics. Eventually, they aim to help the User have a better grasp of their health monitoring and wellbeing.

WARNING: THE USER IS INFORMED AND ACKNOWLEDGES THAT ANSWERS AND/OR RESULTS OF THE TESTS AND QUIZZES AS WELL AS THE ADVICE AND RECOMMENDATIONS PROVIDED WITHIN THE FRAMEWORK OF OUR E-COACHING PROGRAMS ARE GENERAL AND STRICTLY INDICATIVE; THEY ARE BASED ON A SIMPLIFIED AND AUTOMATED ANALYSIS OF THE USER’S ANSWERS TO THE QUESTIONS PROVIDED UNDER THE CONDITIONS AND LIMITS DESCRIBED IN THIS TOU AND CAN UNDER NO CIRCUMSTANCE BE A SUBSTITUTE FOR A CONSULTATION BY COMPETENT HEALTH PROFESSIONALS.

MORE GENERALLY, USERS MUSN’T USE THE INFORMATION PROVIDED ON THE IGNIELIFE PORTAL TO ESTABLISH A DIAGNOSTIC OR DETERMINE A TREATMENT AND MUST CONSULT WITH COMPETENT HEALTH PROFESSIONALS BEFORE TAKING ANY DECISION REGARDING THEIR HEALTH.

2.4. Health and well-being information

Customized information adapted to the User’s health profile is given to the User throughout their experience on the IGNILIFE Portal. According to the themes, the recommended information may be displayed as a news feed or in-depth articles.

MORE GENERALLY, USERS MUSN’T USE THE INFORMATION PROVIDED ON THE IGNILIFE PORTAL TO ESTABLISH A DIAGNOSTIC OR DETERMINE A TREATMENT AND MUST CONSULT WITH COMPETENT HEALTH PROFESSIONALS BEFORE TAKING ANY DECISION REGARDING THEIR HEALTH.

2.5. Dashboard and Connected objects

The User is provided with a dashboard from which they can fill in information about their health either manually or by connecting their self-measuring connected object(s). The aim of the dashboard is to allow the User to visualize the evolution of their health through the data they provide and to improve the way they track their health.

WARNING: CONNECTED OBJECTS ARE LEFT UNDER THE EXCLUSIVE CONTROL OF THE USER WHO IS THE ONLY ONE RESPONSIBLE FOR THEIR FUNCTIONALITIES (INCLUDING THEIR ACTIVATION OR DEACTIVATION), UNDER THE USER’S CONTROL, DIRECTION, AND LIABILITY.

THE EDITOR CANNOT BE HELD RESPONSIBLE FOR DAMAGES THAT MAY OCCUR WHILE USING SERVICES THAT DO NOT COMPLY WITH THE PRESENT TERMS OF USES AND/OR IN CASES OF OPERATIONAL FAILURE OF CONNECTED OBJECTS OF THE USER.

FOR THIS REASON, THE USER HEREBY EXPRESSLY ACCEPTS TO RESPECT THESE TERMS OF USE AND ENSURE THE FUNCTIONING AND ACTIVATION OF THE APPROPRIATE TECHNICAL SETTINGS OF THEIR CONNECTED OBJECTS.

2.6. Member contribution spaces

The User may, if they wish, leave comments:

  • Regarding an information sheet, a challenge, advice, or other Content
  • Within the IGNILIFE community, should they freely choose to participate in or discuss with other members of the community

WARNING: THE USER IS INFORMED THAT ONLY THEIR PSEUDONYM WILL APPEAR WITHIN MEMBER CONTRIBUTION SPACES IN ORDER TO RESPECT THEIR PRIVACY.

REVEALING MORE INFORMATION ABOUT THEMSELVES WILL BE UNDERTAKEN SOLELY UNDER THE USER’S CONTROL, DIRECTION, AND LIABILITY. FOR THIS REASON, THEY ACKNOWLEDGE AND ACCEPT THAT THE MORE INFORMATION THEY SHARE, THE MORE THEY RISK BEING IDENTIFIED.

IN REGARDS TO THE CONTRIBUTIONS MADE BY USERS VIA THE IGNILIFE PORTAL, THE EDITOR AND ITS PARTNERS ONLY TAKE RESPONSIBILITY FOR A TECHNICAL INTERMEDIARY DEFINED IN ARTICLE 6 1 2 OF THE FRENCH LAW ON CONFIDENCE IN THE DIGITAL ECONOMY AND LAW REGARDING USER-GENERATED CONTENT.

3. CONNECTED OBJECTS PLATFORM

IGNILIFE uses a connected objects platform allowing the User to sync their connected objects and/or mobile apps to the IGNILIFE Portal. The platform securely collects and stocks the health-related and physical activity data of the User, saved via their connected objects and/or mobile apps.

The User’s data is then hosted/integrated directly on the IGNILIFE Portal in the user’s account.

WARNING: CONNECTED OBJECTS AND MOBILE APPS ARE LEFT UNDER THE EXCLUSIVE CONTROL OF THE USER WHO IS THE ONLY ONE RESPONSIBLE FOR THEIR FUNCTIONALITIES (INCLUDING THEIR ACTIVATION OR DEACTIVATION), UNDER THE USER’S CONTROL, DIRECTION, AND LIABILITY.

THE EDITOR CANNOT BE HELD RESPONSIBLE FOR DAMAGES THAT MAY OCCUR IN CASES OF OPERATIONAL FAILURE OF CONNECTED OBJECTS OR MOBILE APPS OF THE USER.

FOR THIS REASON, THE USER HEREBY EXPRESSLY ACCEPTS TO RESPECT THESE TERMS OF USE AND ENSURE THE FUNCTIONING AND ACTIVATION OF THE APPROPRIATE TECHNICAL SETTINGS OF THEIR CONNECTED OBJECTS AND/OR DIGITAL APPS.

THE USER ACKNOWLEDGES THAT A MALFUNCTIONING CONNECTED OBJECT MAY LEAD TO DISTORTION OF THE EMISSION OR INFORMATION FOUND ON THE DASHBOARD.

4. WARNINGS REGARDING THE USE OF INFORMATION AND CONTENT PROVIDED ON THE IGNILIFE PORTAL

Users agree not to use the information or any other Content present within the IGNILIFE Portal for any purpose other than those described in these TOU, including:

(1) Users are prohibited from using information and other Content for promotional purposes

This includes attracting clients to ensure the promotion of a product, a service, a healthcare facility, a business or any other corporation, or more generally for any advertising or promotional purpose.

The information and content present on the IGNILIFE Portal are for the Users’ personal use and cannot be used on behalf of companies or any other corporation. Commercial business and more generally any corporation or entity are prohibited from creating an account of the IGNILIFE Portal and exploiting the information or Content present there without the Editor’s express consent.

Likewise, the Editor strives to address topics and information in a neutral manner and will not be biased towards a product, service or particular corporation pursuant to the provisions of the French Public Health Code.

(2) Users are prohibited from using the information and Content for medical, diagnostic or prevention purposes

The information present within the IGNILIFE Portal strives to be scientifically exact, reliable, relevant and common to all 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 IGNILIFE Portal. Because of the progress made within the scientific and medical fields, the Users acknowledge that some of the information provided is neither complete nor comprehensive, and may not be systematically updated.

The User understands that the information provided is strictly general and cannot replace the advice, diagnostics, treatments or recommendations provided by competent healthcare professionals that oversee the User’s health.

This being said, it is up to the User to assess the adequacy of the Services and Content provided via the IGNILIFE Portal with their needs. The User is solely responsible for any decision they make based on the information provided by the Content or Services of the IGNILIFE Portal.

The Content provided by the IGNILIFE Portal through the Services is only intended for Users located in French territory.

5. PERSONAL ACCOUNT ON THE IGNILIFE PORTAL

5.1. Creating a Personal account on the IGNILIFE Portal

The User acknowledges that access to the different Services via the IGNILIFE Portal is subject to:

  • Their express and unreserved consent of the current TOU
  • The creation of a Personal account through which they will have to be systematically identified during each connection within the terms described hereafter.

Moreover, the User acknowledges that using the Services implies, directly or indirectly, having their health-related personal data collected and processed.

During the creation of their Personal account, the User will be asked to:

The User’s consent of these TOU is effected by the activation of a checkbox acting as a proof of agreement.

More generally, the User agrees when creating their account to submit personal data under their responsibility, control, and direction, and to provide complete, exact and current information, and to not usurp the identity of another person, nor to hide or modify their age.

Should the 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.

The User acknowledges that the creation of a Personal account on the IGNILIFE Portal requires a valid e-mail address. For this reason, the User is informed that when creating their account, they will receive an e-mail containing an activation link to ensure the validity of the e-mail address they provided.

The User acknowledges that the creation of a Personal account on the IGNILIFE Portal requires a mobile telephone number so that a unique authentication code may be sent via text message so that IGNILIFE is ensured only the User can access their personal and secure space.

5.2 Connecting to the Personal account on the IGNILIFE portal

The User is able to connect to their Personal account on the IGNILIFE Portal by entering a login (the User’s valid email address or associated username) and a password.

The User is asked to use a pseudonym and to only share personal information with people of trust. More generally, extreme caution is recommended to Users regarding the nature of the information they wish to share and who they wish to share their data with, particularly when using sharing functionalities with other Users.

The required password is the one the User will have entered during the creation of their Personal 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.

The User acknowledges their password is strictly personal and confidential. For this reason, the User is solely responsible for the use of their password and agrees to take all appropriate measures to ensure the confidentiality of their 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 User associates any actions undertaken using their login. In other words, any action undertaken on the User’s Personal account via their login and password will be attributed to the User who is solely responsible for them.

In the event of loss, theft, or fraudulent use of their password, the User will have to choose a new password:

  • Or via the “CONNECT” screen available on the site app.ignilife.fr, by choosing “Forgotten password” and by following the procedure offered
  • Or when connected, through the PROFILE page, by clicking on “Settings”

Because of the sensitive nature of some of the data contained within their Personal account, the User will have to use a b log in in order to access it.

The User’s b log in system relies on the use of a triple username/password/OTP mail code or text message in accordance with the competent authorities’ recommendations.

The OTP (“One Time Password”) is a unique password sent to the User, either at their e-mail inbox or mobile phone. This code is required every ten Internet connections to an IGNILIFE Personal account.

5.3 Closing a Personal account on the IGNILIFE Portal

The User may close at any time their Personal account by requesting it, once connected, from the PROFILE page, by clicking on “Settings”.

For this reason, the User is warned that the closing of their Personal account doesn’t imply their personal data will be automatically and definitively deleted. The User may also request the deletion of their personal data by following the procedure described in the Confidentiality and data security charter.

In all circumstances, the User is informed their Personal account may be closed:

  • At the end of the period of eligibility defined in the insurance contract entitling to the IGNILIFE;
  • By the Editor who reserves the possibility of closing the User’s Personal account or refusing the User access to the IGNILIFE Portal, its Services and Content in case of abusive, unfair, fanciful or fraudulent use of the Services and Content provided or in case of non-compliance with these Terms of Use by the User.

6. MEMBER CONTRIBUTION SPACES

6.1 User agreement

When they post contributions within collaborative and interactive spaces within the IGNILIFE Portal, the User agrees to post content in compliance with the legal and regulatory provisions in force.

In particular, the User agrees not to:

  • Post information contrary to public policy or morality
  • Post libelous, abusive, harassing or threatening content, or content that infringes on the rights of others
  • Post content that glorifies crimes against Humanity, spreads racial hatred or pedophilia
  • 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 allowing the identification of a physical person without their consent, including their second name, postal and/or electronic address, phone number, photography, sound or audiovisual recording, or collecting and storing other Users’ personal data,
  • 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.

Users agree not to disclose any data and/or information relating to another User or a third party without their prior and express consent.

The user is informed that all of the messages, contributions, and comments they could post within the IGNILIFE Portal will be so under their sole responsibility.

The Editor will undertake NO PRIOR VERIFICATION OF THE INFORMATION posted by the User.

For this reason, the Editor cannot guarantee in any way the content of comments, messages and contributions posted by Users within the IGNILIFE Portal, their precision, comprehensiveness, reliability, or veracity.

Users are informed and agree that all messages and content posted within the collaborative and interactive spaces of the IGNILIFE Portal are public communications, subject to all regulations in force, and entail therefore their responsibility.

The Editor shall not be responsible for the messages, opinions or contents posted by Users.

Users are solely responsible for the content of their messages and opinions whatever their nature, object, and finality.

6.2 Moderation

The Editor implements an a posteriori moderation of the Users’ contributions automatically/directly posted within the collaborative and interactive spaces of the IGNILIFE Portal, without prior editorial control or prior fixation on the material support by the Editor.

The a posteriori moderation operations take place within the strict respect of the provisions of the French law n° 2004-575 of June 21st, 2004 on confidence in the digital economy.

For this reason, Users acknowledge the Editor benefits from lightened liability regime in regards to contributions, messages and/or comments posted by Users on the IGNILIFE Portal.

Within this context, Users are informed and agree the Editor may:

  • Communicate to any authorized person by court decision data that may identify any person having posted a comment or contribution on the IGNILIFE Portal that they are required to detain and retain in accordance with the Confidentiality and data security charter.
  • Withdraw a part or the entirety of a comment or contribution posted by a User that they might store or withhold or prohibit access to, should the Editor become aware of their illicit nature.

6.3 User rights assignment

In accordance with the provisions of the Article “INTELLECTUAL PROPERTY” of these TOU, any contribution made by the User on the IGNILIFE Portal containing data, comments or suggestions considered as non confidential and reproducible by the Editor within the IGNILIFE Portal in accordance with the license granted by the User on their contributions within the framework of the agreement of these TOU.

Any contribution by the User may consequently be reproduced by the Editor and their subsidiaries, and made available to the public within the IGNILIFE Portal.

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

Users acknowledge that an alert system is made available to any person who would like to report a post within the IGNILIFE Portal 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 n° 2004-575 of June 21st, 2004 on confidence in the digital economy.

In order to do so, the User must click on the link “Report as undesirable” on the IGNILIFE Portal’s homepage, on the Services homepage and/or any other place the Editor of the IGNILIFE Portal 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

The use of the IGNILIFE Portal implies the processing of Users’ personal data. Users are informed the personal data required or processed by IGNILIFE, within the framework of the IGNILIFE Portal, is necessary to the functioning of the IGNILIFE Portal. Users expressly consent to having their data processed in according with the conditions described in the Confidentiality and data security charter.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Content and Services of the IGNILIFE Portal

The entirety of Content and Services accessible via the IGNILIFE Portal 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 personal use of the User who benefits from private, non-collective and non-exclusive rights.

Save for the prior and express authorization of the Editor, all reproductions, representations and usages by the user other than those described beneath 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 IGNILIFE Portal 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 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 Data base

Pursuant to the provisions of the law n° 98-536 of July 1st, 1998 transposing into the Code of Intellectual Property European Directive of 11 March 1996, relating to the protection of data bases, the Editor is producer and owner of all or part of the databases making up the IGNILIFE Portal.

By accessing the IGNILIFE Portal, the User agrees that its data are legally protected and, in accordance with the French law of July 1st, 1998 quoted 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 IGNILIFE Portal 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 IGNILIFE Portal are the property of IGNILIFE or its business partners.

Save prior and express authorization from the Editor and/or its Partners, any use of this trademark and its marks, figurative and otherwise, belonging to the Editor or to third parties subjects the User to legal action.

9.4 User personal contributions

The 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 contributions (messages, comments) they may have posted within the personal contribution spaces hosted within the IGNILIFE Portal, for the purpose of:

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

This reason, the Users guarantees the Editor:

  • That they dispose of the necessary rights and/or authorizations relating to copyrights or other rights of intellectual property and/or industrial attached to their contributions;
  • That they can possess the prior and written consent of every physical identifiable person in their contributions to use their name and/or picture to be published within the IGNILIFE Portal.
  • Generally that the concession granted under these and their contributions do not violate any legal text and regulation in force or any personal rights belonging to third parties.

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

10. RESPONSABILITY

10.1 User responsibility

The User remains fully and personally responsible of their use of the IGNILIFE Portal 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 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 User, nor to seek out this information;
  • To warn the Editor of any technical malfunction they are aware of and any anomaly they may detect, such as intrusions;
  • To use the IGNILIFE Portal and its Service and Content in compliance with the legal and regulatory requirements in force and in compliance with the provisions of these TOU.

ANY SITUATION OF MEDICAL EMERGENCY MUST LEAD THE USER TO CONTACT THEIR DOCTOR OR SPECIALIST THAT IS OVERLOOKING THEIR PATHOLOGY OR CALLING EMERGENCY NUMBERS SUCH AS 911.

10.2 Editor responsibility

The Editor is solely bound by an obligation of means with regards to its own obligations.

The IGNILIFE Portal, the Services or any other Content are used under the sole responsibility, control, and direction of the User. The Editor can in no way be held accountable of any direct or indirect prejudice, whatever it may be, originating from the User’s use of the IGNILIFE Portal and its Services and any other Content for any reason and under any circumstance.

For this reason, the User is committed to validating the adequacy of the IGNILIFE Portal, its Services and any other Content with their needs, and to using the IGNILIFE Portal, the Services and any other Content under normal conditions and in accordance with its intended purposes.

Considering the intrinsic characteristics of the Internet, the data transmitted via the IGNILIFE Portal and the IGNILIFE websites cannot ensure all possible scenarios involving threats of misappropriation and/or hacking, for which IGNILIFE cannot be held responsible.

THE USER AGREES THAT THEIR USE OF THE IGNILIFE PORTAL, ITS SERVICES AND ANY OTHER CONTENT CANNOT BE A SUBSTITUTE FOR A MEDICAL CONSULTATION, A DIAGNOSTIC, AN ACT OF PREVENTION AND/OR THE PERSONAL OR MEDICAL MONITORING OF THE USER AND/OR THE UNDERGOING OF ADDITIONAL EXAMINATIONS.

In particular, the User agrees that they are answering under their own control and responsibility the questions they are asked in order to obtain a strictly indicative result and not a diagnostic.

THE EDITOR CAN IN NO WAY ASSESS THE HEALTH STATUS OF THE USER AND WHERE APPLICABLE THE SITUATION OF URGENCY IN WHICH THE USER MAY FIND THEMSELVES. THE USER IS SOLELY RESPONSIBLE FOR THEIR USE OF THE IGNILIFE PORTAL, ITS SERVICE AND ANY OTHER CONTENT IN THIS SITUATION OR OTHER, OF ANY DECISION TAKEN, AND ANY ACTION TAKEN, FROM THE INFORMATION FOUND VIA THE IGNILIFE PORTAL AND THE RESULTS PRODUCED AS AN INDICATION FOLLOWING TESTS TAKEN ONLINE.

THE SERVICES PROVIDED BY THE IGNILIFE PORTAL ARE LIMITED TO PRODUCING INDICATIVE TESTS TAKEN BY THE USER AND BASED ON A SIMPLIFIED AND AUTOMATED ANALYSIS OF THE ANSWERS TO QUESTIONS OFFERED AND LISTED WITHIN THE IGNILIFE PORTAL, FROM QUESTIONNAIRES, TESTS, QUIZZES ESTABLISHED BY SPECIALISTS WITHIN THE CONDITIONS AND LIMITS DESCRIBED IN THESE TOU.

FURTHERMORE, THE USER AGREES THAT THE CONTENTS AND GENERAL INFORMATION PROVIDED WITHIN THE IGNILIFE PORTAL ARE STRICTLY INDICATIVE, AND DO NOT CONSTITUTE MEDICAL ADVICE, AND NOT BE USED AS SUBSTITUTE FOR A MEDICAL CONSULTATION OR OTHER FROM COMPETENT MEDICAL PROFESSIONALS.

The Editor is not responsible for the quality, relevance, comprehensiveness or veracity of the information provided by the User, under their own responsibility, control and direction.

IN NO WAY DOES THE EDITOR VERIFY OR CONTROL THE COHERENCE OR RELEVANCE (INCLUDING ON A SCIENTIFIC, MEDICAL OR SANITARY LEVEL) OF THE INFORMATION PROVIDED BY THE USER WITHIN THE IGNILIFE PORTAL WHEN USING ITS SERVICES OR ANY OTHER CONTENT. IT IS THE USER’S RESPONSIBILITY TO SEEK COMPETENT MEDICAL PROFESSIONAL ADVICE BEFORE TAKING ANY DECISION OR ACTION.

The user is hereby informed that the Editor will not be responsible for any damages resulting from:

  • The User’s use of the Content offered to them within the IGNILIFE Portal via its Services, including the way they may be interpreted by the User and the consequences of their use;
  • The disclosure of the User to third parties of their username and/or their password;
  • The use by the User of a password and code of another user;
  • The transmission of the User to any third party or any information concerning their health status;

Some links may refer to other apps, websites or social media pages or services provided by third-party companies. The Editor cannot be held responsible should the content of said apps, websites or social media pages or services would infringe on any rights of third parties and any legal or regulatory provision in force. These apps, websites or social media pages or services are provided under the exclusive responsibility of the companies that edit them, which the User expressly agrees to and accepts. This includes the e-health Services offered by IGNILIFE.

11. SECURITY

The User will be able to access the e-health portal without difficulty in order to access the Services defrauding the present Terms of Use.

Users acknowledge having been informed completely 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 User.

It is up to the User to take any appropriate measure to protect their own data, software and material from contamination from viruses or any other form of attack that may circulate through the e-health Portal.

The Editor makes every effort to make the IGNILIFE Portal 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 TOU will be suspended as long as the Case of Force Majeure will be undergoing and the execution of the Service will be extended for just as long. The Editor will strive where possible to make the Force Majeure cease or find a solution enabling them to enforce its contractual obligations in spite of the Force Majeure.

13. CONVENTION OF PROOF

The User recognizes and accepts that, after their authentication on the IGNILIFE Portal, the activation of checkboxes including those that lead to accepting the current TOU and giving their express consent to having their health-related data processed and hosted 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 characterizing its proof.

In accordance with the provisions of the Article 1316-1 et seq. of the French Civil Code, the computerized records held within the Editor’s electronic file processing servers, those of its Partners and approved health-related 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 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. GENERALITIES

The Editor may modify these TOU at any moment, effective immediately and without prior notice.

The Services and Content accessible via the IGNILIFE Portal are destined to French residents. These TOU are governed by French law. Foreign users expressly accept the application of French law when navigating the IGNILIFE Portal.

If one or several stipulations in the present TOU 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 TOU, the 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.