Terms of Use
ARTICLE 1 – PUBLISHER OF THE PLATFORM
The Take-QAIR® platform is published by:
MELTOD HEALTH
SAS with share capital of €1,000
Registered office: 11 Rue du Donjon 76000 Rouen
Registered with the Rouen Trade and Companies Register under number 888 043 619
Intra-Community VAT number: FR67888043619
Represented by Melvain TODEM as legal representative
Hereinafter referred to as “the Publisher”
ARTICLE 2 – PURPOSE
These Terms of Use (“Terms”) define the terms and conditions of access to and use of the digital platform published by MELTOD HEALTH.
The platform is a software solution accessible as SaaS (Software as a Service), intended for healthcare professionals, certain organizations in the medico-social sector and the users authorized by these organizations.
It notably enables:
Well-being tracking and self-assessment for users;
Viewing of indicators and analyses for healthcare professionals;
Access to dashboards and anonymized analyses for organizations;
Use of tools that help interpret data.
The platform is a tool to support understanding and follow-up, and in no way replaces a medical diagnosis, a consultation or professional medical advice.
ARTICLE 3 – ACCEPTANCE OF THE TERMS
Access to and use of the platform imply the user’s full and unreserved acceptance of these Terms.
Any user accessing the platform acknowledges having read the Terms and undertakes to comply with them.
If the user does not accept these conditions, they must immediately stop using the platform.
ARTICLE 4 – DEFINITIONS
For the purposes of these Terms:
Platform / Take-QAIR® Solution
Means the software application accessible online and provided by the Publisher.
Customer
Legal entity or professional that has subscribed to the Publisher’s services in accordance with the General Terms of Sale.
User
Any individual accessing the platform, in particular:
Healthcare professionals;
Patients or service users;
Staff authorized by the Customer.
Authorized User
Individual authorized by the Customer to access the platform using secure credentials.
ARTICLE 5 – ACCESS TO THE PLATFORM
Access to the platform requires:
Compatible computer equipment;
Internet access;
A compatible browser;
Access credentials provided or validated by the Customer.
The Publisher uses reasonable means to ensure the accessibility of the platform.
However, access may be temporarily suspended, in particular for:
Technical maintenance;
Platform updates;
Security reasons;
Cases of force majeure.
ARTICLE 6 – USER ACCOUNT
Access to certain features requires the creation of a user account.
Each user undertakes to:
Provide accurate and up-to-date information;
Keep their credentials confidential;
Not share their access with unauthorized third parties.
The Customer is responsible for managing user accounts within its organization.
Any activity carried out from a user account is deemed to have been carried out by the holder of that account.
ARTICLE 7 – USE OF THE PLATFORM
The user undertakes to use the platform:
In accordance with these Terms;
In compliance with applicable law;
In compliance with the regulations applicable to the healthcare sector.
In particular, it is prohibited to:
Use the platform for unlawful or fraudulent purposes;
Impair the operation of the platform;
Attempt to access unauthorized data;
Introduce viruses or malicious programs;
Divert the platform from its intended use.
ARTICLE 8 – NATURE OF THE INFORMATION PROVIDED
The information, analyses or recommendations generated by the platform are based in particular on:
Data provided by users;
Analysis and interpretation models;
Tools that help interpret data.
This information is informative and indicative.
It in no way constitutes:
A medical diagnosis;
A medical prescription;
An automated medical decision.
Any medical decision is the sole responsibility of a healthcare professional.
ARTICLE 9 – PERSONAL DATA
Personal data may be collected and processed through the use of the platform.
This processing is carried out in accordance with:
The General Data Protection Regulation (GDPR);
Applicable French law.
Depending on the case:
The Customer acts as data controller;
The Publisher acts as data processor.
The terms of data processing are governed by a specific data processing agreement.
ARTICLE 10 – HEALTH DATA
Where the platform involves the processing of health data:
The Customer warrants that it has the necessary legal bases for such processing;
The processing must comply with the regulations applicable to the protection of health data.
Health data is hosted with a provider holding Health Data Hosting (HDS) certification where required.
ARTICLE 11 – SECURITY
The Publisher implements technical and organizational measures to ensure the security of the data and of the platform, in particular:
Data encryption;
Secure access management;
Access logging;
Security audits.
Users must also contribute to the security of the platform by protecting their access credentials.
ARTICLE 12 – INTELLECTUAL PROPERTY
The platform, its architecture, software, databases, algorithms and all of its content are protected by intellectual property rights.
They remain the exclusive property of the Publisher.
Any unauthorized reproduction, modification, distribution or exploitation is prohibited.
ARTICLE 13 – LIABILITY
The Publisher uses the necessary means to ensure the proper functioning of the platform.
However, its liability may not be engaged, in particular in the event of:
Misuse of the platform;
Use that does not comply with these Terms;
Internet network failure;
Incorrect data provided by users.
The user remains responsible for the information they enter and for how they use the platform.
ARTICLE 14 – CONFIDENTIALITY
Users undertake to keep confidential the information to which they may have access through use of the platform.
This obligation applies in particular to professional data, commercial information and patient data.
ARTICLE 15 – AMENDMENT OF THE TERMS
The Publisher reserves the right to amend these Terms at any time in order to adapt them, in particular, to:
Changes to the platform;
Legal or regulatory changes.
The new Terms apply as soon as they are published on the platform.
ARTICLE 16 – SUSPENSION OR REMOVAL OF ACCESS
The Publisher may suspend or remove a user’s access to the platform in the event of:
Breach of these Terms;
Fraudulent or unlawful use;
Risk to the security of the platform or of the data.
ARTICLE 17 – FORCE MAJEURE
The Publisher shall not be held liable in the event of force majeure within the meaning of French law preventing the performance of its obligations.
ARTICLE 18 – GOVERNING LAW
These Terms are governed by French law.
ARTICLE 19 – DISPUTES
Any dispute relating to the use of the platform or the interpretation of these Terms falls within the jurisdiction of the courts of the Publisher’s registered office.