Terms and Conditions of Use (TCU)

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

The TCU specify the terms of access and use of the DIGIPARK application. Using the application implies acceptance of these TCU, which will remain valid throughout the period of use of the application.

DIAMPARK has 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 remote monitoring by a care team.

These TCU define the conditions of access and use of the application by users. By using DIGIPARK, you accept these TCU. 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 condition via the mobile application DIGIPARK, available for download on Android or iOS. Additionally, users can follow remote programs.

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

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

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

UNDER NO CIRCUMSTANCES DOES THE APPLICATION ENABLE EMERGENCY CARE BY HEALTHCARE PROFESSIONALS. IN CASE OF AN EMERGENCY, CONTACT THE APPROPRIATE EMERGENCY SERVICES IN YOUR COUNTRY.

3.1. Prerequisites

To access the application, you must have:

• An internet connection with sufficient bandwidth
• 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 hardware. The application is only available on Android or iOS. All telephone and internet access costs are the responsibility of the user.

The user must be aware of the minimum required configurations, including the terminal's operating system version in the user manual or the GTC.

The network and hardware chosen are the sole responsibility of the user. DIAMPARK does not provide any 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 fill in all the fields necessary for identification: first name, last name, email address. To create an account, you must be an adult individual or have the authorization of 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 has only one access right to the application, which remains the property of DIAMPARK.

3.3 - Login information

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

3.4 - Account security and responsibility

You are responsible for your account. You must not allow another person to access your account or share your login credentials. You must take precautions to prevent unauthorized third-party access to your account. 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 avoid impersonation, you agree to:

• Not allow 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

The security of the account is the sole responsibility of the users. DIAMPARK cannot be held responsible for damages resulting from the loss, fraudulent or unauthorized access, or sharing of login credentials. DIAMPARK will not be responsible in any case of account impersonation or alteration.

3.5 - 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 exchanged information in accordance with these TCU and the applicable laws and regulations.

3.6 - Account lifespan and deletion

An account is active from the acceptance of the TCU. 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 – Attn: Data Protection Officer – 22 rue Guillemot, 92370 CHAVILLE. Your account will then be deleted or archived according to our obligations.

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

It is prohibited to reproduce all or part of the application. The user must use the application according to its purpose, its documentation, and under normal usage conditions.

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 unauthorized access to the application, its systems, or networks will be considered a violation of these TCU.

Reuse of the information available on the application is not permitted. The user agrees not to take any action imposing an excessive or unreasonable burden on the application's infrastructure.

The user must not use the application or its content for illegal purposes or those prohibited by the TCU, 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 provided by applicable law. The content, texts, information, graphics, user interfaces, images, videos, sounds, music, illustrations, data, interfaces, trademarks, logos, and computer codes are owned or licensed by DIAMPARK and are protected by intellectual property law and unfair competition law.

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

Any violation of this article constitutes an act of counterfeiting punishable by civil and criminal law. DIAMPARK reserves the right to monitor your use and revoke your license or access to the application content at any time.

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

DIAMPARK will make every effort to ensure the proper operation of the application and its access 24/7. However, DIAMPARK is only obliged to use reasonable efforts 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 purposes without DIAMPARK being held liable.

DIAMPARK does not guarantee that the application's features will always be available, without technical or other errors, nor that defects will be corrected or that the services or servers that host 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.

7.1 - Operation of DIGIPARK

DIGIPARK cannot be held responsible for the 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 responsible for inconveniences or damages inherent to the use of the Internet, such as the presence of computer viruses or malicious codes. DIAMPARK 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 responsible for any loss, damage, or indirect harm resulting from the use of the application.

Therefore, it is the user's responsibility to take appropriate measures to minimize harmful consequences, particularly from a possible interruption of operations or possible data loss generated by the use of the application.

7.2 - 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, consult a doctor. DIAMPARK is not responsible for the lack of clinical results.

DIGIPARK cannot be held responsible for the 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 total reliability of the content for each user. In particular, DIAMPARK cannot be held responsible in case of lack of clinical results when using the application.

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

IN CASE OF EMERGENCY, CONTACT THE APPROPRIATE EMERGENCY SERVICES IN YOUR COUNTRY.

8.1 Processing and purposes

DIGIPARK collects and processes your personal data as part of using the application. For more information, please see 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 TCU. The user is invited to consult this policy for more information on the conditions of collection and processing of personal data and their rights.

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

8.2 Users' rights over personal data

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

• Right of access
• Right of rectification
• Right of deletion
• Right to limit or object to processing
• Right to define guidelines regarding the storage, 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 – Attn: 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 at the following link: Our Members | European Data Protection Board (europa.eu).

8.3 Hosting and security of personal data

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

In case of non-compliance with these TCU by the user, DIGIPARK reserves the right to restrict or terminate access to the application without prior warning.

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

10.1 - Revision of the TCU

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

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

The changes will take effect upon their online publication in the application. Continued use of the application will be deemed acceptance of the TCU by the user. In case of disagreement with the changes, the user can notify their objection to: support@digipark.io. This objection will suspend the user's account on the effective date of the modification.

10.2 - Evolution of the DIGIPARK application

The application may evolve with modifications or deletions 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.

11.1 - Applicable law and dispute resolution

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

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

In case of a dispute or claim, the user is invited to contact 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.

11.2 - Partial invalidity

If any part of these TCU is declared null, the validity of the rest of the TCU will not be affected. The parties will replace the illegal provision with a legal provision corresponding to the spirit and purpose of the original provision.