General Terms and Conditions of Sale and Use

Preamble

Pixacare is an ethical, legal and organizational application that transforms the smartphone camera into a medical device.

Two levels of service

• The plinth : consisting of the photo management solution
• SADM modules (Medical Decision Support Solution): unlock new abilities

These two service levels are part of the same software solution: Pixacare.

Primary features

The application Pixacare allows any professional in the health sector to:

• securely take, store, and transmit medical photographs of their patients;
• store photographs via Pixacare with an approved health data host whose servers are located in France and, possibly, in the European Union;
• no data is not stored on the doctor's computer or mobile phone.

Main features

With Pixacare, the health professional can:

• Take photographs of his patients at any time and in any place;
• Label photographs with customizable keywords;
• Organize and manage your photo library: the photographs are recorded in chronological order on an ergonomic interface;
• Automatically retrieve patient identification data (name, first name, date of birth, identification number if applicable) using the scan function of the mobile application;
• Obtain the patient's consent;
• Share photos between colleagues via a contact directory and instant messaging.

In accordance with these Terms and Conditions, photographs are collected with the consent of the patients and used for medical purposes only.

The application Pixacare is available on web and mobile

SADM modules

These modules allow:

• to unlock new abilities from the solution Pixacare ;
• to provide specific care for a pathology;
• to use algorithms of artificial intelligence (deep learning) for medical decision support.

The medical device Pixacare is CE marked.

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Article 1 — Purpose of the General Terms and Conditions

These General Terms and Conditions of Sale and Use (hereinafter the “CGVU”) describe the terms and conditions under which Pixacare provides its client — user and health professional — with access to the application Pixacare (hereinafter “the Application” or the “Service”).

Use of the Service implies unreserved acceptance of the Terms and Conditions.

The user declares to have read these terms and to have accepted them without reservation:

• by checking the box provided for this purpose when registering on the application Pixacare ;
• and before any payment.

By continuing to access or use Pixacare after the amended terms and conditions take effect, the user agrees to be bound by them.

The CGVU apply to the exclusion of any other condition which, without the prior and express acceptance of Pixacare, would be unenforceable, regardless of when it could have been brought to his attention.

The CGVU are accessible at any time on the website and take precedence over any other contradictory document.

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Article 2 — Scope

The CGVU apply without restriction or reservation:

• enters Pixacare, on the one hand,
• And everything user, healthcare establishment, or professional natural or legal person, on the other hand, whether he benefits from the free or paid version of the Application (hereinafter “the User”).

Pixacare and the user are hereinafter collectively referred to as the Parties.

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Article 3 — Access to the service

After acceptance of these Terms and Conditions, the user accesses the application from:

• its mobile phone Or sound computer secure,
• having a up to date internet browser And of a secure broadband connection.

Authentication

To access his account, the user:

• connects with the chosen email address and a password comprising at least 12 characters (uppercase, lowercase, numbers and a minimum of one special character);
• it is recommended to choose a password unique, hard to guess, and of the Renew every 90 days for systems containing sensitive data.

Biometric login

If his equipment allows it, the user can identify himself via:

• fingerprint,
• facial recognition,
• four digit code.

If it checks” Stay connected ” during a previous session, it will be automatically connected the next time the data is opened if the data has been saved.

If biometric authentication fails after two attempts, the user is redirected to the login screen and must enter their usual password.

Responsibilities

• Based on the information provided, Pixacare creates a personal account reserved for the user.
• The user is responsible for all activities made via his account.
• He must keep his password confidential and don't save it by default or store it in an accessible file.
• Pixacare may refuse to open an account or close it in the event of non-compliance with essential precautions, without compensation.
• The user can at any time request the modification of his identifiers at the address: support@Pixacare.com.
• In the event of loss, theft or suspicion of unauthorized use, he undertakes to inform Pixacare immediately.

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Article 4 — Our offers

All the offers of Pixacare include:

• The security And the traceability data,
• hosted by a HDS certified web host.

4.1 Liberal health professionals

Private doctors can benefit from several versions:

Free trial version

• Access to the mobile application.
• Limited storage space
• Data stored in a shared database between users of the trial version.
• With no time limit, allows photographs to be sent securely from time to time.

Premium version

• Full access to Pixacare (web + mobile).
• Increased storage space for a monthly rate.
• Everything extra gigabyte is billed monthly.
• Switching from the trial version to the Premium version with automated data porting.

4.2 Health Care Facilities

The hospital version includes:

• Full access to Pixacare (web + mobile).
• Number of accounts unlimited.
• Centralized management accounts.
• Management by service.
• Email and phone support.
• Dedicated Pixacare contact person.

Pixacare provides a trial version to test the solution.

The modalities are defined by quote :

• This version is gratis in case of subscription,
• otherwise, at the end of the trial period, the access is automatically closed,
• the customer retrieves his data and pays a lump indicated on the quotation.

This offer is reserved for hospital environment.

The subscription price is communicated according to:

• the storage volume necessary,
• the personalized quote.

Any health professional can benefit from this formula upon receipt of rights by the subscribing institution.

Payment terms

• Monthly payment by SEPA Direct Debit, the 5 of each month.
• First deadline in 10 days after subscription.
• The subscription must be accompanied by:
  • Of a SEPA direct debit authorization,
  • Of a bank identity statement (RIB).
• Les invoices are issued and sent by email.

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Article 5 - Duration of the subscription

The Parties do not intend to condition their commitment to a period of reflection.

By accepting the General Conditions, the user subscribes to a Pixacare user license agreement For a duration of one month, according to the rate in force on the date of subscription.

This contract is renewed automatically and tacitly for periods of equal duration, unless notified in writing by the user:

• sent by registered letter with acknowledgement of receipt,
• With a 1 month's notice before the anniversary date of the contract.

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Article 6 — Non-payment

Without prejudice to possible damages and the right to Pixacare to terminate the contract at the fault of the user, any default of payment of an invoice at its due date automatically results in:

• Application of late payment interest equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, starting from the first day of delay;
• lump-sum compensation for recovery costs In the amount of €40 per unpaid bill ;
• Refund of all fees and expenses proceedings or recovery (summons, formal notices, proceedings, precautionary measures).

Pixacare reserves the right to automatically suspend access from the user to the application, without prior notice.

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Article 7 — Lack of compensation

Except with the express, prior and written consent of Pixacare, and provided that the mutual claims and debts are certain, liquid and payable, no compensation can be validly made by the user between:

• Of penalties for delay in the provision of services or non-compliance,
• And the Amounts due unto Pixacare as part of these services.

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Article 8 - Responsibility

8.1 Responsibility for the service

As part of the service delivered, Pixacare guarantees the user, in accordance with legal provisions, against any lack of conformity or hidden defect, resulting from a failure to perform the service ordered, under the conditions, limits and procedures defined below.

The service provided by Pixacare is in accordance with French legislation in force.

The responsibility of Pixacare cannot be held liable in case of non-compliance with the legislation of the country in which the services are provided.

It is up to the user, who is solely responsible for choosing the services requested, to check it.

Pixacare :

• makes every effort to ensure the correct authentication of the user,
• uses services that comply with the PGSSI-S (General Health Information Systems Security Policy),
• is bound to a Obligation of means.

Complaint

To exercise their rights, the user must inform Pixacare :

• In writing,
• within a maximum period of 10 days as of the provision of the service,
• the existence of a defect or lack of conformity.

The guarantee of Pixacare is limited to:

• At reimbursement of monthly payments actually paid by the user,
• or, if that is not possible, to the Rectification of the faulty service as soon as possible.

Pixacare cannot be held responsible for:

• delays or non-executions due to a case of force majeure (within the meaning of French case law),
• direct or indirect damage suffered by the user, his patient or a third party, arising from the use of the service.

Unless there is evidence to the contrary, the data recorded in the computer system of Pixacare constitute the proof of all transactions concluded with the user.

8.2 Responsibility for the user's network and hardware

Pixacare cannot be held responsible for:

• network interruptions,
• slowdowns or unavailability of access to the application,
• nor the maintenance or security of the network used by the user.

The user remains fully responsible the maintenance and security of its own hardware and network.

8.3 User liability

The user remains solely responsible of the use of his account.

User health institutions are responsible for:

• ofthe authorization management,
• and the use of accounts by personnel authorized to access the application.

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Article 9 — Maintenance and availability of the service

Pixacare is held to a Obligation of means regarding the provision of the service.

In the event of a failure or anomaly attributable exclusively to the application (excluding user error), Pixacare :

• will use all reasonable means for a rapid return to normal,
• will ensure maintenance, evolution or correction operations necessary for proper functioning.

Pixacare reserves the right to interrupt access to the application at any time for these operations.

She is committed to maintaining the service availability at an annual rate of 99.5%.

The user:

• cannot oppose these operations,
• nor claim compensation or compensation for temporary unavailability.

The user consents to any evolution of the application decided and carried out by Pixacare.

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Article 10 — Termination

10.1 At the contractual term

Each party may terminate the contract by respecting the notice provided for in article 5.

When a user unsubscribes:

• The medical data are returned to him in a readable and structured format.

10.2 As a penalty

In the event of non-compliance by the user with an obligation arising from these Terms and Conditions, Pixacare may, at his choice:

• Suspend account of the user, or
• cancel the subscription.

In the latter case:

• the remaining amounts due under the subscription become immediately payable,
• and stay acquired in full unto Pixacare as a lump-sum benefit.

10.3 Amicable termination

Pixacare may request the amicable termination of the contract if, during the execution, it encounters difficulties strictly unpredictable requiring resources that are out of proportion to the amount of the contract.

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Article 11 — Protection of personal data

Pixacare undertakes to comply with the regulations applicable to the processing of personal data, in particular the Regulation (EU) 2016/679 (RGPD).

It is committed to:

• process the data only for the purposes necessary for the execution of the service;
• Integrate the data protection by design and by default ;
• implement appropriate technical and organizational measures ;
• Guarantee the confidentiality, integrity and availability data;
• Insure the traceability and security of patient data.

11.1 User data

As responsible for the treatment, Pixacare processes the personal data provided by users during registration, with their consent.

Data concerned

• name, first name
• mailing address and email
• profession, medical specialty, associated CPAM code
• RPPS and/or ADELI number
• phone number
• name and address of employer
• banking information

Purposes

Pixacare uses this data to:

• provide access to the application;
• manage subscriptions and communicate about them;
• process payments and issue invoices;
• maintain and update user files and accounts;
• prevent and detect fraud or abuse.

Administrator access

Pixacare can, if necessary, connect to the application as an administrator:

• as part of maintenance or technical support,
• without viewing, editing, or deleting medical data.

User rights

The user has the following rights:

• access, rectification, deletion, portability, portability, limitation of treatment, withdrawal of consent and opposition ;
• It can define the What happens to his data after his death.

These requests should be addressed to: gdpr@Pixacare.com by indicating: name, first name, address, telephone number and subject of the request.

Pixacare may require a copy of identity document for verification.

Conservation

• User data is retained for the duration of the subscription.
• In the event of cancellation, the medical data is returned in a structured format (ZIP file sent by email).
• They are then deleted within 30 days.

11.2 Outsourcing of patient data

These clauses define the conditions under which Pixacare (The Subcontractor) processes, on behalf of Data controller (health professional or establishment), personal data.

Both parties are committed to respect the RGPD.

11.2.1 Treatment description

The subcontractor deals with:

• The photographs, personal and medical data patients,
• The contact details professionals added to the user directory.

The operations carried out:

• data retrieval and secure hosting via the application Pixacare,
• authentication of the data controller,
• provision of a ergonomic and structured interface.

11.2.2 Right to information of the persons concerned

The treatment manager should inform patients when collecting data and obtain their written consent before any photography.

For health institutions, this consent is obtained upon admission.

Pixacare includes a chat feature allowing the exchange of information between professionals:

• these exchanges generally take place within the same establishment,
• but may concern a external professional.

In this case, the Patient should be informed and can oppose it.

For any external exchange, a express consent is required.

Anonymized data can then be used for the purposes of:

• predictive medicine,
• precision medicine,
• decision support,
• or prevention.

📄 Patient consent form:

https://Pixacare.com/patient-consent

11.2.3 Exercise of individual rights

If a person exercises his rights directly with the subcontractor, Pixacare :

• immediately forward the request to the data controller,
• via the address provided by it.

11.2.4 Data fate

• The data is kept only for the length of time required for treatment.
• The data controller defines this duration.
• In case of unsubscription, the data is returned and then deleted in full.

11.2.5 Subcontracting

11.2.5.1 Principles

Pixacare can call on a subsequent subcontractor for specific activities, after written information to the data controller specifying:

• the identity and contact details of the subsequent subcontractor,
• the activities concerned.

The data controller has 2 months to present his objections.

In the absence of objections, subcontracting is considered accepted.

The subsequent subcontractor must respect the same RGPD guarantees.

11.2.5.2 List of subsequent subcontractors

The application Pixacare is hosted by Microsoft Azure, an approved health data host whose servers are located:

• in france,
• and in theEuropean Union.

11.2.6 Transfers outside the European Union

Pixacare is committed to do not transfer personal data outside the European Economic Area without the prior written consent of the data controller.

11.2.7 Security Measures

The subcontractor undertakes to:

• Guarantee the confidentiality, integrity, availability and resilience systems;
• Allow the fast data restore in case of an incident;
• perform regular effectiveness tests security measures;
• Insure the full traceability treatments.

11.2.8 Data Breach Notification

In the event of a personal data breach, Pixacare :

• notify the data controller in a 24 hour delay,
• provides any useful documentation,
• specify:
  • the nature and extent of the violation,
  • the contact details of the data protection officer,
  • the likely consequences,
  • the measures taken to remedy them.

If some information cannot be provided immediately, it will be provided progressively as soon as possible.

11.2.9 Data Protection Officer

Pixacare communicate to the data controller:

• The name and contact details of his Data Protection Officer (DPO),
• in accordance with article 37 of the RGPD.

11.2.10 Record of processing activities

Pixacare Hold a register of processing activities including:

• the name and contact details of the data controller, subcontractors and DPO;
• the categories of treatments carried out;
• the security measures implemented;
• any transfers to third countries or international organizations.

11.2.11 Assistance to the data controller

Pixacare can help the data controller to:

• Achieve a impact assessment (AIPD),
• demonstrate RGPD compliance on the parts under its intervention.

11.2.12 Documentation and Audit

Pixacare is committed to:

• provide documentation demonstrating compliance with its obligations,
• allow the realization ofaudits or inspections by the data controller or his agent.

The costs generated by an audit are borne by the party that takes the initiative.

11.2.13 Pixacare's obligations towards the data controller

Pixacare, as the publisher of the software, is committed to:

• provide a software in compliance with current regulations ;
• enable all data protection rules by default;
• Guarantee the traceability and confidentiality ;
• Follow the computer security best practices and up to date protocols.

11.2.14 Obligations of the data controller vis-à-vis Pixacare

The data controller undertakes to:

• collect data in accordance with regulations and collect the explicit consent patients;
• provide to Pixacare one signed consent template ;
• document any change in the purposes of processing;
• ensure compliance with the GDPR by the subcontractor;
• oversee treatments, audits and inspections.

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Article 12 — Cookies

One cookie is a small text file placed on the hard drive or in the browser's memory when visiting a website.

It records certain navigation information (session ID, language, date, etc.).

By connecting to your account Pixacare, of cookies necessary for proper functioning of the application are installed.

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Article 13 - Hypertext links

Of outgoing hypertext links may be present on the site, but the pages to which they link do not engage the responsibility of Pixacare, who has no control over it.

The user is therefore prohibited from engaging in responsibility for Pixacare regarding content or related external resources.

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Article 14 — Intellectual property and rights granted

The content of the website Www.pixacare.com and of the application is the exclusive property of Pixacare and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and constitutes an offense of counterfeiting.

Pixacare remains the owner of all intellectual property rights on: software, photographs, photographs, presentations, presentations, presentations, studies, designs, logos, brands, models, prototypes made as part of the provision of services.

Only the user who has signed these terms benefits from right to use the application, without transfer of ownership.

Prohibitions

The user cannot, directly or indirectly:

• assign or grant the right to use the software to a third party;
• reproduce all or part of the software;
• decompile, manipulate, disassemble, disassemble, modify, or reprogram the software;
• transcribe the software into another language;
• integrate all or part of the software into another program;
• create or distribute derivative products or functions;
• sell, rent, lend, or trade the software;
• remove or modify trademarks and proprietary notices;
• transfer the software in any form;
• access to source codes ;
• correct any software errors.

Alone Pixacare retains the exclusive right to corrective maintenance and correction of possible errors.

Pixacare commitments

Pixacare is committed to:

• keep ownership notices visible on programs, media and documentation;
• inform and raise awareness among its staff or service providers about the protection of these rights.

Any other use of the software requires the prior and express consent of Pixacare, which may be accompanied by additional remuneration.

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Article 15 — Confidentiality

The user undertakes to consider strictly confidential :

• all documents, information, results or data,
• of a technical, scientific, commercial, financial, industrial or other nature, to which it has access via Pixacare.

For himself and his collaborators, he is committed to:

• unto do not disclose this information to third parties,
• unto not to exploit them for personal purposes,
• unto take all necessary precautions to maintain confidentiality.

This obligation continues after the cancellation of the contract.

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Article 16 - Force majeure

Any non-performance resulting from a case of Force Majeure suspends the obligations of the parties.

If the force majeure continues for more than Three months, the contract will be cancelled automatically, without formality.

In particular, the following are considered to be cases of force majeure:

• total or partial internal or external strikes,
• lockout, bad weather, epidemics,
• blocking of means of transport or supply,
• earthquakes, fires, floods, storms,
• government restrictions, legal changes,
• computer failures, telecommunication blockages,
• and any other case beyond the control of the parties preventing the normal performance of the contract.

Pixacare will inform the user in a timely manner of any such event.

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Article 17 — Nullity and independence of clauses

The possible cancellation of one or more clauses of the contract does not affect the validity of the other stipulations, provided that the general scheme of the contract is maintained.

The parties undertake to replace any invalid clause by an equivalent provision, in accordance with the spirit of the contract.

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Article 18 - Tolerance

The fact that a party tolerates a non-execution or an imperfect execution of the GVU, or any behavior contrary to the contract, does not constitute no modification or waiver to contractual rights.

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Article 19 — Various provisions

The titles and subheadings of the contract are informative and do not have no interpretative value.

The CGVU may be subject to subsequent changes.

The applicable version is the one in force on the site on the date of subscription.

Pixacare strives to notify users 30 days before taking effect of any changes.

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Article 20 — Language, applicable law and disputes

Pixacare is a company governed by French law.

La French law is the only one applicable to the contract.

Only the French version of the T&Cs is authentic, even in the case of translation.

In the event of a dispute:

• the parties will first look for a amicable agreement, with or without a mediator;
• Otherwise, the dispute will be subject to the competent jurisdiction under the jurisdiction of the Colmar Court of Appeal.

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Article 21 - User acceptance

These terms and conditions:

• come into force at their date put on line,
• are enforceable upon subscription of the subscription,
• remain applicable until replaced by new conditions.

The General Terms and Conditions of Sale and Use are permanently accessible on:

🔗 www.pixacare.com/en/terms-of-service

The user can:

• The download and save from the site (under his responsibility),
• keep the PDF version sent by email after acceptance.

In case of an update, only the version kept by Pixacare is authentic in the event of a dispute.

Each change takes effect immediately after it was put online, with no retroactive effect on previous subscriptions.

By subscribing, the user:

• accepts the General Terms and Conditions And the Confidentiality policy,
• Recognize having some Perfect knowledge,
• and waives to take advantage of any contradictory document.

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