General Terms of Use (GTU)

Article 1.1 - Definitions

"Application" or "DigiPark" refers to the mobile application published by DIAMPARK, allowing Users to enter and consult non-clinical information related to their daily life, their activities, their reported symptoms, their reported treatment, and their suggested exercises. The Application is not a remote medical monitoring device and has no clinical purpose.

"User" refers to any adult natural person, with a personal account, using the DigiPark Application strictly for personal use.

"Caregiver" refers to a trusted person invited by the User to access certain non-clinical information entered into the DigiPark Application, solely for the purpose of assisting the User in their daily organization. The Caregiver has read-only access and cannot in any way interpret, modify, or analyze health data nor perform any medical act or make any clinical decision.

"Paramedical Companion" refers to a paramedical professional (e.g., nurse, physiotherapist, speech therapist) invited by the User to consult certain non-clinical information entered into DigiPark, solely for the purpose of assisting the User in their daily organization or activities.

"Account" refers to the personal space created by the User or the Caregiver, necessary to access the Application's features. Each account is strictly personal and cannot be shared or transferred.

"Content" refers to all texts, information, data, educational materials, and features available within the Application. The Content is provided for informational purposes only and does not constitute medical or paramedical advice in any way.

"Services" refers to all features offered by the Application, including notably the entry of non-clinical information, access to exercises, consultation of a schedule, as well as data display features intended for the Caregiver.

"Personal Data" refers to information relating to an identified or identifiable natural person, collected or processed in the context of using the Application, in accordance with the Privacy Policy available on the DIAMPARK website.

Article 1.2 - Purpose

These General Terms of Use (GTU) take effect from May 27, 2024 and apply to all user accounts, whether new or existing.

The GTU specify the terms of access and use of the DIGIPARK application. Use of the application implies acceptance of these GTU, which will remain valid for the entire duration of use of the application.

DIAMPARK developed the DIGIPARK application to provide users with information about their disease. The application is available for download on Android and iOS devices.

The application alone does not include a remote monitoring pathway carried out by a care team.

DigiPark allows the User to invite a Caregiver to the application to authorize them to consult, via a web platform, a non-clinical version of the information reported by the User (symptoms, activities, schedule, reported adherence).

This access is strictly limited to reading data reported by the patient and does not allow any interpretation, analysis, prioritization, or recommendation.

This feature in no way constitutes a remote medical monitoring device and should not be used to track the progression of a disease or make decisions regarding treatment or medical care.

These GTU define the conditions for accessing and using the application by users. By using DIGIPARK, you accept these GTU. If you do not accept them, please do not use the application and contact your healthcare professional.

Any other conditions only bind DIAMPARK after written confirmation from us.

The application is intended to provide information to patients with Parkinson's disease and does not replace a medical consultation.

Users can access personalized information tailored to their symptoms and pathology to better understand their health status via the mobile DIGIPARK application, available for download on Android or iOS. Additionally, users can follow remote programs.

DIAMPARK and the content creators disclaim all responsibility for the accuracy, timeliness, and completeness of the content, as well as for any problems resulting from the use of the provided information and exercises.

The content is provided for informational purposes only and does not replace individual medical advice given by a healthcare professional. For any questions regarding your health, immediately consult your doctor. In a medical emergency, call emergency services immediately.

The medical treatments mentioned in the content are not intended for advertising purposes.

UND NO CIRCUMSTANCES DOES THE APPLICATION ENABLE THE MANAGEMENT OF AN EMERGENCY SITUATION BY HEALTHCARE PROFESSIONALS. IN CASE OF EMERGENCY, CONTACT THE COMPETENT EMERGENCY SERVICES IN YOUR COUNTRY.

3.1. Prerequisites

To access the application, you must have:

• An Internet connection with sufficient speed
• A smartphone or tablet
• Compliance with the minimum required configurations

The application is offered over the Internet, and the user must have an adequate Internet connection and compatible computer hardware. The application is only available on Android or iOS. All telephone connection and Internet access costs are the user's responsibility.

The user must familiarize themselves with the minimum required configurations, particularly the operating system version of the terminal, in the user manual or the GTU.

The network and hardware chosen are the sole responsibility of the user. DIAMPARK does not provide any hardware means to connect to the application.

3.2 - Account creation

Creating an account is necessary to use the application.

Your personal information must be accurate, verifiable, complete, and up to date. To access the application, the user must have an account, created with a phone number (and/or an email address) and a password.

The user must complete all fields necessary for their identification: first name, last name, email address. To create an account, you must be an adult natural person or have permission from your legal representative. The account must comply with the following rules: accurate, verifiable, complete, and up-to-date personal information; login information corresponding to normal use of the user account. The user only has a right of access to the application, which remains the property of DIAMPARK.

3.3 - Login information

Your credentials (email and/or phone number, password) to access the application are personal and confidential. In case of unauthorized or suspected use, you must immediately notify DIAMPARK at: support@diampark.io. All operations performed with your credentials will be deemed to have been carried out by you.

3.4 - Security and account responsibility

You are responsible for your account. You must not give access to your account to another person nor share your credentials. You must take precautions to prevent a third party from accessing your account without authorization. You must only use your own account. DIAMPARK is not responsible for the use of your account.

To ensure the security of your account and prevent any impersonation, you agree to:

• Not give access to your account to an unauthorized third party
• Take all measures to prevent an unauthorized third party from accessing your account, even without your knowledge
• Not use another user's account

Account security is the sole responsibility of the users. DIAMPARK cannot be held liable for damages resulting from loss, fraudulent or unauthorized access, or sharing of credentials. DIAMPARK will in no case be responsible in the event of account impersonation or alteration.

3.5 – Caregiver or Paramedical Companion Access

3.6 - Account administration

You can modify and update your account data from the application. The user acknowledges being solely responsible for the data provided and other information exchanged, in accordance with these GTU and applicable laws and regulations.

3.7 - Account lifespan and deletion

An account is active from the acceptance of the GTU. It is automatically archived if not used for 24 months. If you wish to delete your account, contact DIAMPARK at: rgpd@diampark.io or at the following postal address: DIAMPARK – Attention of the Data Protection Officer – 22 rue Guillemot, 92370 CHAVILLE. Your account will then be deleted or archived in accordance with our obligations.

You must comply with the rights and obligations arising from these GTU. You may not use the application under conditions not provided for by the GTU. In case of non-compliance, DIAMPARK may immediately suspend your account.

It is forbidden to reproduce all or part of the application. The user must use the application in accordance with its intended purpose, its documentation, and under normal conditions of use.

The user is not authorized to use devices, programs, algorithms, or other automatic methods to access, acquire, copy, or monitor any part of the application or its content. Any attempt to gain unauthorized access to the application, its systems, or networks will be considered a violation of these GTU.

No reuse of the information available on the application is permitted. The user undertakes not to take any action imposing an excessive or unreasonable load on the application's infrastructure.

The User undertakes to invite a Caregiver only for personal support purposes and acknowledges that this access has no medical or clinical purpose. The User undertakes not to ask the Caregiver to interpret or evaluate data for medical purposes.

The user must not use the application or its content for illegal purposes or purposes prohibited by the GTU, nor encourage any illegal activity.

DIAMPARK grants you only a personal right to use the application. The content of the application is the exclusive property of DIAMPARK and cannot be copied or shared without prior authorization.

The application is the exclusive property of DIAMPARK and benefits from the protection granted by applicable law. The content, texts, information, graphics, user interfaces, images, videos, sounds, music, illustrations, data, interfaces, trademarks, logos, and computer code are owned or licensed by DIAMPARK and are protected by intellectual property and unfair competition legislation.

DIAMPARK reserves all rights not expressly described in these GTU. DIAMPARK grants the user a limited, personal, single, non-exclusive, and non-transferable license to access and use the application and its content. This license is subject to compliance with these GTU. Use of the application does not grant any ownership rights over it or its content.

Any violation of this article constitutes an act of infringement punishable civilly and criminally. DIAMPARK reserves the right to monitor your use and revoke your license or access to the application's content at any time.

Unless expressly stated in the GTU, no part of the application or its content may be copied, reproduced, modified, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without the prior written consent of DIAMPARK.

DIAMPARK will make every effort to ensure the proper functioning of the application and its access 24/7. However, DIAMPARK is only subject to an obligation of means and does not guarantee continuous and error-free operation of the application. The application is provided 'as is'. DIAMPARK does not guarantee that its operation will be continuous and error-free. The application may be temporarily interrupted for maintenance, testing, repair, or improvement reasons without liability on the part of DIAMPARK.

DIAMPARK does not guarantee that the application's features will always be available, free of technical errors or other issues, that defects will be corrected, or that the services or servers hosting it are free of viruses or bugs.

The content provided to the user does not constitute medical advice and does not exempt the user from consulting their doctor.

8.1 - Operation of DIGIPARK

DIGIPARK cannot be held liable in case of unavailability, interruption, or malfunction of the application, nor for indirect damages resulting from its use. DIGIPARK may suspend access to the application for operational, security, or maintenance reasons.

DIGIPARK cannot be held liable for inconveniences or damages inherent to the use of the Internet, such as the presence of computer viruses or malicious code. DIGIPARK and its affiliates may at any time interrupt or suspend access to the application for operational, security, or maintenance reasons, as well as modify, suspend, delete the application and cease its publication on the Internet without users being entitled to any compensation.

DIGIPARK cannot be held liable for any loss, prejudice, or indirect damage resulting from the use of the application.

Consequently, it is the User's responsibility to take all appropriate measures to minimize harmful consequences related in particular to a possible operational interruption or possible data loss generated by the Application due to its use.

8.2 - Content

You are solely responsible for the data and information you enter into the application. The content provided in the application does not constitute medical advice. If needed, please consult a doctor. DIAMPARK will not be responsible for the absence of clinical results.

DIGIPARK cannot be held responsible for information, documents, or data entered by the user into the application. The user acknowledges being solely responsible for the information and data entered into the application.

The provided content does not replace professional medical advice and does not guarantee the total reliability of the content for each user. In particular, DIAMPARK cannot be held liable in case of absence of clinical result when using the application.

The user is solely responsible for how they use the information, programs, and services offered by DIGIPARK via the application. Before using the application's services, the user must consult their healthcare professional.

IN CASE OF AN EMERGENCY SITUATION, CONTACT THE COMPETENT EMERGENCY SERVICES IN YOUR COUNTRY.

Article 9.1 - Caregiver Module

The caregiver module does not allow any clinical assessment, symptom tracking for medical purposes, triggering of alerts, automated analysis, or therapeutic recommendations. This module is not intended to replace a healthcare professional.

If there is a question regarding the User's health, the Caregiver and the User are invited to contact a healthcare professional or emergency services if necessary.

Article 9.2 - Paramedical Companion

The paramedical module does not allow any clinical assessment, symptom tracking for medical purposes, triggering of alerts, analysis, or therapeutic recommendation.

This module is not intended for the professional practice of paramedics, but for non-clinical support of the patient, upon their invitation.

Article 9.3 - Messaging

The messaging available between the User and the Caregiver or Paramedical Companion is intended solely for organizational or practical exchanges. It does not constitute a remote monitoring service, medical advice, or clinical guidance service. DigiPark does not guarantee any response time. Users must not use messaging to report a health problem or medical emergency.

10.1 Processing and Purposes

DIGIPARK collects and processes your personal data in the context of using the application. For more information, please consult our Privacy Policy.

DIGIPARK collects and processes certain personal data of the user, in accordance with our Privacy Policy, which is an integral part of these GTU. The user is invited to consult this policy for more information on the conditions for collecting and processing personal data and on their rights.

DIGIPARK implements adequate technical protection measures in accordance with legal and regulatory requirements.

10.2 User rights over personal data

In accordance with the GDPR, you have several rights over your personal data:

• Right of access
• Right to rectification
• Right to erasure
• Right to restriction or objection to processing
• Right to set guidelines for the retention, deletion, and communication of your data after your death
• Right to data portability

You can exercise these rights with DIGIPARK at: rgpd@digipark.io or at the following postal address: DIGIPARK – Attention of the Data Protection Officer – 22 rue Guillemot, 92370 CHAVILLE.

If you believe your rights have not been respected, you can file a complaint with the competent data protection authority (in France, the CNIL). The list of European authorities is available by following this link: Our Members | European Data Protection Board (europa.eu).

10.3 Hosting and security of personal data

The personal health data collected by DIGIPARK is hosted in France by OVH, a certified hosting provider.

10.4 Caregiver Access Consent

Caregiver access is based on the patient's consent.

When a User invites a Caregiver, they expressly consent to the sharing of selected data with that Caregiver. The Caregiver only accesses data for which the User has given their agreement. At any time, the User can withdraw this access, which immediately results in the deletion of the Caregiver's right to consult. DigiPark does not share any patient data with a Caregiver without a voluntary and explicit action by the patient.

In the event of non-compliance with these GTU by the user, DIGIPARK reserves the right to restrict or terminate access to the application without prior notice.

In case of violation of one or more provisions of these GTU, DIGIPARK may terminate or restrict the user's access to the application, their account, and all other services of DIGIPARK.

12.1 - Revision of the GTU

DIGIPARK may modify these GTU at any time. You will be informed of changes by email or via the application. If you do not accept the new GTU, you may object within 8 days from notification by contacting: support@digipark.io.

DIGIPARK reserves the right to modify these GTU at any time, in particular to take into account an evolution of the application, the services, or legal and/or regulatory changes. A notice period of thirty (30) days will be respected for any substantial change.

Changes will take effect upon their posting online in the application. Continued use of the application will constitute acceptance of the GTU by the user. In case of disagreement with the changes, the user may notify their opposition to: support@digipark.io. This opposition will suspend the user's account as of the effective date of the change.

12.2 - Evolution of the DIGIPARK application

The application may evolve with modifications or removal of features. You will be informed by email or by display in the application.

DIGIPARK and its affiliates are free to modify, add, or remove features or certain characteristics of the application. Users will be informed in advance by email or via the application.

13.1 - Applicable law and dispute resolution

These GTU are governed by French law. In case of dispute, the competent courts of the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction.

Notwithstanding the country from which the user accesses the application, these GTU are exclusively governed by French law. The French version of the GTU prevails over any other version. Users must comply with the applicable rules in the territory from which they consult or use the application.

In case of dispute or claim, the user is invited to contact the DIAMPARK support at: support@diampark.io. Disputes arising directly or indirectly from the use of the application will be submitted to the competent courts of the jurisdiction of the Paris Court of Appeal.

13.2 - Partial invalidity

If a part of these GTU is found to be invalid, the validity of the remainder of the GTU will not be affected. The parties will replace the unlawful provision with a lawful provision corresponding to the spirit and purpose thereof.