1. Definitions

HDSI: refers to the company HEALTHCARE DIGITAL SOLUTION INTELLIGENCE & APPLICATION

 LUNA: refers to the e-health project developed by HDSI and accessible through any access, including smartphones and website.

 Application: refers to the LUNA mobile application, whether developed for iOS or Android.

 Service: refers to any service offered by HDSI on the Application. All Services are specified in Article 3 of these Terms and Conditions.

 User: refers to the natural person, authorized according to the legislation in force in his/her country, who has created an account to subscribe via the Application.

2. Preamble

The User acknowledges that he/she has been informed, prior to his/her subscription to the Application, in a legible and comprehensible manner, of these General Terms and Conditions of Sale (hereinafter referred to as “GTC”) and of all information necessary to conclude his/her purchase.

The fact that a User subscribes to the Application implies full and complete acceptance of these GTCs and an obligation to pay for the Services ordered, which is expressly acknowledged by the User, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against HDSI.

3. Objet

The purpose of these GTC is to define the conditions of subscription to the Application by the User and apply, without restriction or reservation, to all Users of the Services.

The User of the Services acknowledges having read the GTC, having accepted them by checking the box provided for this purpose in the Application, and adhering to them without reservation. The User undertakes unreservedly to comply with these GTC. Thus, the use of the Application implies full and complete acceptance of the GTC.

The choice of subscription is the sole responsibility of the User.

The present GTC are accessible at any time on the website www.luna-endometriose.com/cgu

and will prevail, if necessary, over any other version or any other contradictory document distributed by HDSI (brochure, catalog…).

These GTC are subject to unilateral modification at any time by HDSI. In the event of a modification, the User will be informed by HDSI.

4. Description of the services provided by the company

The Services allow the User to perform:

  • An online screening for endometriosis using the LunaEndoScore, a CE-certified medical device;
  • Track the symptoms and disorders of their pathology or menstrual cycle;
  • To record her treatments and the doses she takes;
  • And to dematerialize her personal medical data in order to ensure a real follow-up with her doctor.

4.1 - Areas and functionalities of the Services

The areas offered within the Services are: “Home”, “Profile”, “Agenda”, “LUNAEducation”, “Settings”. Within the different areas of the Service, features are made available to the User, in particular to help him/her monitor his/her symptoms and understand what therapeutic education is all about.

4.2 -  LunaEndoScore

The following information on the Medical Device of the LunaEndoScore Service is recalled.

Intended Use: LunaEndoScore is intended to help screen for endometriosis by calculating a risk score that determines the probability of being affected by endometriosis based on the patient’s answers to a questionnaire.

Warnings: the use of LunaEndoScore does not replace medical consultation. We recommend that you consult a physician if you have any questions or concerns about your health.

In any event, the Services do not provide a medical diagnosis, are not a substitute for a doctor’s diagnosis and are not a substitute for a medical consultation.

Furthermore, the Services offered do not correspond to an emergency service. To contact an emergency service, the User must contact the appropriate service.

5. Access to the service

5.1 - Connection

To access the Service, the User must create an account. To do so, he/she must fill out the registration form. The User agrees to provide real and accurate information.

Furthermore, the use of the Service requires a connection via the Application. The login and password are strictly confidential and personal to each User of the Service.

The fact that a User registers on the Application implies full and complete acceptance of these GTC, which is expressly recognised by the User, who waives, in particular, the right to take advantage of any contradictory document, which would not be enforceable against HDSI.

The password must be chosen by the User so that it cannot be guessed by a third party. The User undertakes to keep it confidential and, to this end, to take the necessary precautions to maintain its confidentiality, in particular locking the telephone, and any protection necessary for digital security.

The use of the login and password is the sole responsibility of the User. It is the responsibility of each User to implement all security measures necessary to protect his password and login. In particular, it is recommended that Users lock their cell phones and protect their computers and tablets with passwords. The User must ensure that he/she disconnects from the Application at the end of its use.

In the event of forgetting, loss, misuse or unauthorized use of the User’s confidential code by another User, HDSI cannot be held responsible and the User must immediately inform HDSI of this use by email at the following address: info@luna-endo.fr.

5.2 -  Availability of service

HDSI reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

HDSI undertakes to make every effort to ensure the availability of the Service. HDSI cannot guarantee continuity of access to the Service. The User acknowledges that the Services offered by HDSI may be interrupted, altered or deleted due to force majeure or by third parties. The occurrence of any event beyond the control of HDSI will be considered as constituting a case of force majeure. Events such as the blocking of telecommunications and computer networks are considered as force majeure.

The act of a third party may result in the termination of the contract for the rental of space on the website, at the initiative of the owner of the space.

The User acknowledges that HDSI is subject to an obligation of means.

Furthermore, access to the Service is subject to the conditions of the User’s telephone and internet network.

The User is invited to regularly check online that he/she has the latest version of the Application and that he/she has downloaded the correct version of the Application on his/her cell phone. HDSI will not be liable in any way, in the event of a malfunction, if the User has downloaded the wrong version of the Application or if he does not have the latest version of the Application.

The User is advised to ensure that all Services are uninstalled before disposing of the equipment.

In the event of non-compliance with these GTC by the Vendor, HDSI reserves the right to temporarily or permanently interrupt access, suspending or terminating these GTC without notice or compensation.

6. Obligations and responsibility

The Services are used under the sole responsibility and control of the User. The User undertakes to validate the suitability of the Services for his/her needs and to use the Services under normal conditions and in accordance with their purpose.

HDSI is in no way responsible for the veracity of the data entered by the User, who remains entirely responsible for the data he wishes to store via the platform made available by HDSI. The User thus acknowledges that he/she is the only person responsible for the data, in particular personal data, that he/she enters and that allows for algorithmic calculations, advice and, more generally, for any restitution made by the Application.

Consequently, the User undertakes to provide truthful information so as not to distort the results of the search.

HDSI shall in no case be held responsible for any direct or indirect prejudice whatsoever resulting from the use of the Services in any capacity and under any circumstances whatsoever.

The User is reminded that the Application is not a contraceptive device, and HDSI cannot be held responsible for any pregnancy.

The User is solely responsible for the use he makes of the Service and shall not hold HDSI responsible for any claim related to its use.

Furthermore, the User undertakes, in accordance with his obligations, to take all useful precautions, particularly in terms of security of access to his equipment, so that the said data is not made accessible to unauthorized third parties.

The User’s attention is drawn to the need to strictly monitor the security of his passwords/logins and third-party access to his equipment/devices because of the potential sensitivity of the data he enters within the Services.

The User is responsible for implementing all useful and relevant security measures for the purposes of protecting access to his equipment and to the Service data.

HDSI shall in no way be liable for third parties accessing personal data accessible from the User’s smartphone. Indeed, the User is solely responsible for the data he/she has chosen to store via the Application on the one hand, and on the other hand, for the persons who will have access to it via the use of his/her password.

The User acknowledges that the use of the Services is not a substitute for personal or medical monitoring by health professionals.

The User is invited to systematically seek the advice of a qualified health professional if he/she has any questions regarding his/her health condition. The Services are not a substitute for consultation with a medical professional.

The User is informed that HDSI is in no way able to assess the state of health of the User and, if applicable, the possible emergency situation in which the User finds himself, who is solely responsible for the use of the information offered via the Service, for any decision made, and for any action taken, based on the information contained and entered within the Service.

The User agrees to provide truthful, reliable and accurate information. In this respect, it is expressly agreed that HDSI is in no way responsible for data that is false, erroneous, inaccurate or imprecise. It is the User’s responsibility to verify the accuracy of the data, but also to update it.

HDSI has no means of controlling the sites connected to its Application or its websites. Thus, HDSI is not responsible for the availability of such external sites and sources, nor does it guarantee it.

HDSI cannot be held responsible for any damage, of any nature whatsoever, resulting from the content of these external sites or sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements. The risks related to this use are fully incumbent on the Internet user, who must comply with their conditions of use.

HDSI shall not be held liable for any hypertext links accessible on the Application to other websites or, in general, to any existing resources on the Internet.

7. Price and payment

Access to the Services is provided at the price in effect on the day of subscription to the Application, expressed in the applicable currency (inclusive of all taxes) at the rates prevailing on the day of subscription in the publishing territory of your payment method associated to your Apple Store or Google Play Store account. Any change in rates may be reflected in the price of the subscription to the Application.

The packages are individual.

HDSI will inform the User of any price change.

The subscription price is available directly on the Application.

It is specified that the non-use of the Application does not exempt the User from paying for the subscription to which he has subscribed.

Subscription fees are payable directly through the payment systems integrated into the Google Play Store and Apple Store platforms. HDSI reserves the right to modify the payment process, while maintaining the highest standards of security for the User.

All payments are final and irrevocable for the subscription in question and may only be reimbursed in the event of default or serious breach by HDSI of these GTC.

HDSI reserves the right to make promotional offers that may differ from the prices communicated to the Customer.

8. Duration of validity

These GTC will remain in force until the effective date of termination by the User of his subscription.

The subscription implies the conclusion of a contract of a minimum duration of 1 month for the monthly subscription and of twelve months for the annual subscription, this duration is renewed tacitly for the same duration.

9. Cancellation period

The User has a period of 14 days to exercise his right of withdrawal from the acceptance of these GTC, and this, in accordance with the provisions of Article L121-21-5 of the Consumer Code which states that:

« Si le consommateur souhaite que l’exécution d’une prestation de services commence avant la fin du délai de rétractation mentionné à l’article L. 121-21, le professionnel recueille sa demande expresse sur papier ou sur support durable. Le consommateur qui a exercé son droit de rétractation d’un contrat de prestation de services dont l’exécution a commencé, à sa demande expresse, avant la fin du délai de rétractation verse au professionnel un montant correspondant au service fourni jusqu’à la communication de sa décision de se rétracter ; ce montant est proportionné au prix total de la prestation convenue dans le contrat. »

10. Resiliation

10.1 -  By the user

The User may cancel his subscription at any time directly from the Apple Store (https://www.apple.com/app-store/) and Google Play Store (https://play.google.com/store/apps) platforms.

The effective date of the cancellation is the date of the end of the commitment period:

  • End of the current month for a monthly subscription;
  • End of the twelfth month following the initial subscription date, or the date of the last renewal.

10.2 -  By HDSI

Any breach of any of the provisions of these GTC by the User or of any legal provision in force in the context of the use of the Services will automatically result in the automatic termination, without notice or compensation, of the subscription to the Application.

In addition, HDSI reserves the right to suspend or terminate the User’s subscription at its sole initiative, without prior notice, in the event of abusive or fraudulent use, or behavior prejudicial to the interests of HDSI by the User or by any third party acting on behalf of the User.

In the event of non-payment of the subscription on the agreed due date, HDSI may send a letter of formal notice by any means at its convenience, in particular by post or e-mail, to have the situation rectified within 8 days.

If at the end of this period, the User has not paid the sums due, HDSI may terminate the subscription within 10 days of the formal notice remaining without success, without any compensation of any kind whatsoever being requested from the User. HDSI reserves the right to take legal action against the User to obtain, in addition to the payment of the sums owed plus legal interest, the reimbursement of the costs incurred by HDSI in recovering these debts.

11. Confidentiality

The User’s information is confidential and HDSI makes every effort to ensure the confidentiality of the data.

The confidentiality undertaking does not apply to information:

(i) Which has entered the public domain prior to the date of disclosure or communication;

(ii) Which will become public knowledge after disclosure and/or release through no fault of HDSI; or

(iii) which can be shown to have been known to HDSI prior to disclosure; or

(iv) Or which is required to be disclosed by law, applicable regulation, order of a public authority or court order.

12. Security

HDSI implements all necessary means at its disposal to guarantee the security of the data, content and information in its possession.

12.1 -  HDSI Hosting

Personal health data are sensitive data. Access to it is regulated by law to protect the rights of individuals. Consequently, the hosting of this data must be carried out under security conditions adapted to its criticality. The regulations define the terms and conditions expected.

“Any natural or legal person who hosts personal health data collected in the course of preventive, diagnostic, care or medico-social monitoring activities on behalf of natural or legal persons at the origin of the production or collection of this data or on behalf of the patient himself must be approved or certified for this purpose.” Article L.1111-8 of the Public Health Code, amended by Law 2016-41 of January 26, 2016

Digital health data hosts (apart from electronic archiving services) must be certified.

As part of the certification procedure, hosts of personal health data specified by Decree 2018-137 of February 26, 2018 approved by the Minister of Health are listed on the government website: https://esante.gouv.fr/labels-certifications/hds/liste-des-herbergeurs-certifies.

We have subscribed to an approved “personal health data host” solution with Hosteur SARL, referenced by the government.

This environment is protected by all IT security standards (authentication, firewall, antivirus, temporary and unique token, etc.) and is automatically backed up every day: the servers are copied every night to another computer center in another city.

12.2 -  Encryption

Wherever they are, the data is encrypted. On the server of the hosting company where it is decrypted according to the conditions of strong authentication, time-limited access tokens and the connection instance ID. But also, on any user workstation (smartphone, tablet, computer or other) where they are decrypted on the fly.

Data exchanges between the server and the user’s computer are systematically encrypted to avoid any possibility of data leakage.

13. Intellectual property

HDSI is the sole owner of the Intellectual Property rights of any Service to which HDSI gives the User access.

Consequently, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or exploitation of the Services, in whole or in part, by any process whatsoever and on any medium whatsoever, without the express prior authorization of HDSI, is prohibited and constitutes an act of copyright infringement.

Likewise, any unauthorized use of the Services will engage the criminal and civil liability of the User on the basis of copyright infringement.

Any other use of the Services constitutes an infringement of copyright, subject to criminal sanctions under Articles L 335-2 et seq. of the Intellectual Property Code.

HDSI’s trademarks, logos, corporate names, acronyms, commercial names, signs and/or domain names constitute distinctive signs that cannot be used without the express prior authorization of their owner.

HDSI is also the owner of the data security algorithm.

Any representation and/or reproduction and/or exploitation, whether partial or total, of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of Book 7 of the Intellectual Property Code.

14. Personal data

When registering on the Application, the User gives his prior informed consent to the collection, processing and hosting of his personal health data with an approved health data host as defined in Article L. 1111-8 of the Public Health Code.

At the stage of creating a personal account, the User fills in elements corresponding to his “health profile” and personal information (in particular weight, height, age…).

The information that the User fills in remains under his entire control, direction and responsibility.

14.1 -  RGPD

With a view to respecting the privacy of its Users, HDSI undertakes to ensure that the collection and processing of personal information is carried out in accordance with the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the “Informatique et Liberté” law, and with regulation n°2016/679, known as the General Data Protection Regulation (RGPD).

In accordance with the RGPD, the User has the right to access, rectify and delete personal data concerning him/her. To exercise this right, he can send his request by e-mail to the following address: info@luna-endo.fr.

The personal data are kept from their collection in accordance with the legal provisions in force for the period defined by the laws and regulations, after which they will be deleted immediately.

The purpose of this data is to manage the User’s customer account and to provide the Services.

 

Personal data may also be used to send the User information, including newsletters.

15. Notifications from LUNA

As part of the service provided by LUNA, the User may receive push notifications, SMS, emails, MMS, alerts, or other types of messages.

To this end, User will give his/her consent when registering with LUNA. He/she may withdraw his/her consent at any time.

In any event, administrative communication, including pricing conditions and any regulatory changes, will be pursued with the User to comply with HDSI’s legal obligations.

16. Enquiries - Claims

For any information, request for information or complaint, the User may contact HDSI by sending a message to the following e-mail address Info@luna-endo.fr

The User must not, under any circumstances, use the complaint service to:

  • Send and/or store infringing, obscene, unwholesome, threatening, defamatory or illegal material/content including material/content that is harmful to children or offensive to any third party;
  • Interfere with and/or disrupt the integrity or performance of the Services or the data contained therein;
  • Attempt to gain unauthorized access to the Application and/or associated systems and/or networks.

17. Changes to the GTCS

HDSI reserves the right to modify the terms, conditions and mentions of the present GTC at any time and in particular according to legislative or regulatory changes.

The User is therefore advised to regularly consult the latest version of the GTC available on the website www.luna-endometriose.com/cgv.

18. Force majeure

HDSI cannot be held responsible if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts, and in particular natural disasters, fires, malfunction or interruption of the network.

19. Partial nullity

If one or more of the stipulations of the present contract should be null and void under the terms of a legal regulatory provision or a judicial decision that has become final, it shall be deemed unwritten and shall not entail the nullity of the other stipulations.

20. Applicable law and jurisdiction

The present provisions and, more generally, the relationship between the user and HDSI are subject to french law.

They are written in french. In the event that they are translated into one or more languages, only the french text will be deemed authentic in the event of a dispute.

Any dispute that may arise from the interpretation of these provisions or from the contractual relations between the user and HDSI will fall under the jurisdiction of the french courts.

 

In the event of a dispute, the courts of Marseille are the only competent courts.