Terms of Use

TERMS OF USE FOR THE LUDOCARE APPLICATION
(operating with the LEO or JOE robot)

The present LUDOCARE application (the “Application“) is published by LUDOCARE, a simplified joint-stock company with a share capital of 157,436 euros, registered with the Lyon Trade and Companies Register under number 831 898 937, and whose registered office is located at 7 Chemin du Randin, 69 130 Ecully, France (hereinafter “LUDOCARE“).

VAT number: FR22831898937
SIRET number: 831 898 937 00022
Email: alexandra.delafontaine@ludocare.com
Phone number: 04 81 89 90 01
The publication director is:
Alexandra de la Fontaine, CEO of Ludocare , a simplified joint-stock company with a share capital of 138,118 euros, registered with the Lyon Trade and Companies Register under number 831 898 937, and whose registered office is located at 7 Chemin du Randin, 69 130 Ecully, France (hereinafter “LUDOCARE“).

The Application is hosted by:

OVH,
RCS Lille
Code APE : 2620Z
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann – 59100 Roubaix – France
SIRET : 424 761 419 00045

Ludocare is specialized in the development of connected health solutions and provides a solution to support patients, especially children, in the management of certain chronic diseases (the “Patient(s)”).

This solution consists of two components: a companion robot, LEO or JOE (the “Robot“), and a mobile application “LUDOCARE” (the “Application“) to which the Robot must be paired in order to function.

The Application is a Class I medical device. It is intended for individual users aged 18 or over who use a Robot on their own behalf as a Patient or on behalf of a Patient (hereinafter the “Users“). In the event that the User downloads the Application for use by a minor, the User expressly declares that they are the legal representative of the minor and are authorized to act on their behalf. Failure to comply with this obligation shall not engage the responsibility of LUDOCARE. The use of the Application and the services it offers (as defined in Article 3) is subject to the User’s full and unconditional acceptance of these Terms of Use (“TOU“). When activating the Application, the User is invited to read and accept the TOU.

If the User does not accept any of the provisions of the TOU, the User cannot use the Application or the services it offers.

1. PREREQUISITES – APPLICATION DOWNLOAD

The Robot made available to the User operates through the Application, which the User must download.

To do this, the User must have a mobile phone running on the Android or iOS operating systems and have access to the Internet.

The Application can be downloaded for free from the “App Store®” and “Google Play®” platforms, excluding mobile phone subscription costs, connection costs, and Internet access costs, which are the responsibility of the User.

2. ACCESS TO APPLICATION FEATURES

Once the Application is downloaded, the User must, on first connection to the Application:

  • enter their phone number and the code received by SMS;
  • read and accept the TOU;
  • confirm their consent to the collection of their health data in accordance with the Privacy Policy;
  • acknowledge that the use of the Application and the Robot does not relieve them, if applicable, as the legal representative of a minor, of their responsibility regarding the monitoring of the minor’s medication intake;
  • finally, enter their personal details.

Once these steps are completed, the Robot must be paired with the Application.

To do this, the User has the option to scan the Robot’s QR Code using their mobile device’s camera or manually enter the Robot’s number. For more information on pairing the Robot with the Application, please refer to the Robot’s user manual.

3. DESCRIPTION OF APPLICATION FEATURES

The Application aims to provide Users with the following main features (“Services”):

  • Configuration of reminders for the Patient’s prescribed medication, which will be executed by the Robot;
  • Summary of the Patient’s medication adherence;
  • Note-taking (notes, appointments, etc.);
  • Transfer of the Patient’s treatment and medication schedules to the Robot to enable optimal and individualized use of the Robot’s different functionalities;
  • Allowing access to the Application to one or more chosen caregiver profile(s), with the User having the rights to invite or remove a caregiver profile.

This list is not exhaustive. The details of the Services that the User can access are provided in the product user manual on the LUDOCARE website.

The User acknowledges that LUDOCARE reserves the right to update the Application’s software version and add new features to evolve the Application at any time.

4. USER’S OBLIGATIONS

4.1 General Obligations of the User

The User agrees to use the Application lawfully, fairly, and in accordance with its purpose, as well as these Terms of Use (“TOU”) and the instructions in the Robot’s user manual.

The User agrees not to use the Application and its contents for commercial purposes, prospecting, solicitation, or advertising. If LUDOCARE becomes aware, in any way, of fraudulent use of the Application or any use that violates these TOU by the User, LUDOCARE reserves the right to unilaterally, automatically, and without prior notice or compensation, terminate the contractual relationship and block any future access, in whole or in part, to the Application for the User.

The following are strictly prohibited:

  • Entering illicit, insufficient, inaccurate, or false information that is contrary to public order, morality, and/or infringing on the rights of third parties;
  • Any behavior that may harm the integrity, operation, or security of the information system underlying the Application;
  • Any unauthorized intrusion or attempted unauthorized intrusion into LUDOCARE’s information systems;
  • Any collection, extraction, or use, in any way, of the information present in the Application;
  • And, in general, any act that may infringe on LUDOCARE’s rights and interests.

4.2 Specific Obligations of the User

The User agrees to provide truthful and accurate information in all fields concerning themselves in the Application, as well as all fields related to the Patient’s medication intake. LUDOCARE cannot be held responsible in the event of incomplete, inaccurate, or false declarations by the User, who is the sole holder of the prescriptions from the healthcare professional and whose information is essential for the effective use of the Services and the Robot.

Furthermore, the User acknowledges that:

  • None of the functionalities offered in the Application constitutes directly or indirectly a diagnosis or medical consultation and cannot in any case replace comprehensive and personalized care by a healthcare professional;
  • The Application does not provide the User with any information, opinions, or advice on medications, dosage, or the Patient’s treatment, for which only the prescribing physician is responsible;
  • The Application also does not allow monitoring and attestation of the Patient’s proper medication intake in accordance with medical prescriptions;
  • It is the User’s responsibility to ensure the coherence of the information provided in the Application with the information provided by the consulted healthcare professionals.

In general, it is the User’s responsibility, before making any decision or in case of doubt, especially regarding the dosage or treatment of the Patient, to consult competent healthcare professionals and, in emergency situations, to go to emergency services, consult the Patient’s treating physician, or any other specialist. The Application cannot substitute for the advice and prescriptions of a healthcare professional.

5. ACCESSIBILITY OF THE APPLICATION AND MALFUNCTIONS

Access to the Application is possible 24 hours a day, 7 days a week, subject to the occurrence of a force majeure event as defined in Article 1218 of the Civil Code, any possible breakdowns, or any maintenance operations necessary for the proper functioning of the Application. In such cases, LUDOCARE undertakes to make its best efforts to minimize the interruption time, without providing any guarantee, express or implied, regarding the availability and/or accuracy of the content of the Service. The unavailability of the Application does not entitle the User to any compensation.

In any case, the User acknowledges that they have the skills and means necessary to install and use the Application. In particular, the User must have a mobile phone running on the Android OS 8 and later or iOS 12 and later operating systems, with settings that allow the Application to function properly.

The User also acknowledges that the Application and the Robot’s medication intake alert system require an Internet connection. In the event of a malfunction in the Application resulting from the non-coverage or poor coverage of 3G/4G/5G networks or the absence or poor quality of the network (including Wi-Fi), LUDOCARE cannot be held responsible. It is specifically stated that if the Robot is not connected to the Internet for any reason, the updates made to the Application by the Patient, User, or any authorized caregiver profile granted access by the User will not be taken into account, and LUDOCARE cannot be held responsible for this. Any equipment used to connect to the Application is and remains the sole responsibility of the User.

In general, the User declares that they are aware of the risks associated with the installation and use of the Application on their mobile phone and accept them. The User acknowledges, in particular, that the information transmitted or stored in the Application may be intercepted or altered independently of LUDOCARE’s will.

Therefore, it is highly recommended that the User take all necessary precautions to protect against the effects of hacking, including configuring their mobile phone appropriately and securely through the installation of regularly updated antivirus software, for example. LUDOCARE cannot be held responsible for the use of data by third-party applications used by the User on their mobile phone.

INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of the Application

The Robot, the Application, and all the elements that compose it or are made available therein, including trademarks, logos, photographs, programs, source code or objects, data, databases, animated or non-animated images, sounds, drawings, graphics, videos, or texts, layout, appearance, structure, or any other element not related to links to third-party websites, are the property of LUDOCARE or are licensed to it by the holder of intellectual property rights.

All these elements are subject to the provisions of French and international regulations on intellectual property and, consequently, are protected against any unauthorized use by law or by these Terms of Use (TOU).

LUDOCARE grants the User a personal, non-exclusive, and free right to use the Application for their own use and/or that of the Patient, within the strict framework of the operations authorized under these TOU. In particular, except for the rights that may be granted by the User to a caregiver profile, the User and/or the Patient have no right to sublicense the Application or reproduce, display, distribute, share, transfer, commercialize, copy, translate, adapt, extract, and/or decompile, in whole or in part, any of the elements reproduced in the Application and any part of the Application in general, without the prior and express consent of LUDOCARE, except for the content for which they are the originators.

5.2 User License

The User grants LUDOCARE the right, worldwide and for the entire duration of copyright protection, to reproduce and modify any content uploaded by the User on the Application, without any financial compensation, which the User expressly acknowledges.

Furthermore, the User declares and guarantees that they own the content they upload and that it is free of any rights or, at the very least, that they have the necessary rights to distribute it through the Application. LUDOCARE cannot be held responsible for any violation of third-party rights caused by the User’s uploading of content on the Application.

6. PROTECTION OF PERSONAL DATA

In the context of using this Application, the User may transmit personal data concerning themselves or the Patient to LUDOCARE, which may include the Patient’s health data, subject to their consent.

In this regard, LUDOCARE processes such data in accordance with Regulation (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) applicable in this area, or any other provisions that may be added or substituted in the future (“Personal Data Regulation”), as the data controller.

To learn more about the processing of personal data carried out by LUDOCARE, we invite you to read our Privacy Policy.

7. CHANGES TO THE TERMS OF USE

The applicable TOU are those in force on the date of the User’s connection to and use of the Application.

LUDOCARE reserves the right to modify, at any time, all or part of the provisions of the TOU in order to adapt them to the evolution of the Application and its Services, as well as to technical, legal, or jurisprudential developments.

Any modification of the TOU by LUDOCARE will be brought to the attention of the Users through the publication of the new TOU on the Application, accompanied by an information notice for the User to validate the new version or request the deletion of their account in case of non-acceptance of the changes.

Any new Service integrating new techniques or features that improve the quality of the existing Services will also be subject to these TOU, unless expressly stated otherwise.

8. TERMINATION OF THE SERVICE

LUDOCARE reserves the right to temporarily or permanently interrupt access to the Application, especially in the event of the cessation of the activity related to providing the Application, in which case these TOU will be automatically terminated.

9. ASSIGNMENT

Subject to applicable law, the User consents to the transfer, assignment, or contribution of these TOU between the User and LUDOCARE to a third party, in any way.

10. ENTIRE AGREEMENT

These TOU constitute the entire agreement between the User and LUDOCARE regarding the use of the Application.

If any provision of these TOU is found to be invalid by a competent court, the invalidity of that provision shall not affect the validity of the other provisions.

If these TOU are translated into another language and there is a contradiction between the French version available on the Application and its translation into any foreign language, the French version shall prevail.

11. APPLICABLE LAW – JURISDICTION

These TOU are subject to French law.

Before any legal action, Ludocare and the User shall, in good faith, attempt to settle their disputes relating to the validity, interpretation, performance or non-performance, interruption, termination, or denunciation of these TOU amicably. Ludocare and the User shall endeavor to reach an amicable agreement within thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt. Except to preserve their right to take legal action or to avoid imminent harm, no legal action shall be admissible before this amicable settlement procedure has been fully complied with. Any difficulties relating to the validity, application, or interpretation of the TOU shall, in the absence of an amicable agreement, be submitted to the jurisdiction of the competent courts in accordance with French law.