Legal notice SCORAD and PO-SCORAD
General terms and conditions for use of scorad and po-scorad applications
Publisher
Pierre Fabre Eczema Foundation
3, avenue Hubert Curien
31100 Toulouse - France
SIRET: 525 287 009 00019
Publication Director
Docteur Georges FARAH–Président de la Fondation Eczéma
Webmaster
fondationeczema@pierre-fabre.com
Host
For the website: Société CIS VALLEY
A simplified limited liability company (société anonyme simplifiée), with capital of €2,500,000, registered with the Bordeaux Company Register under number B 410 100 747, having its registered head office at Chemin de l'Hermite, BP 70081 - 33523 Bruges, France
For the Apple Store mobile app
Apple Inc., Infinite Loop, Cupertino, CA 95014, United States
For the Google Play mobile app
Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 États-Unis
Development & Integration
MYGUARD CO., LTD.
A. 3F.-2, No.146, Wenxing Rd., Guishan, Taoyuan 33377, Taiwan
I. DEFINITIONS
The terms that start with a capital letter, whether in the singular or plural form, are invariably defined as follows:
1.1. PO-SCORAD App: means the PO-SCORAD App published by the Eczema Foundation, which is the digital version of the SCORAD Tool for Patient Users to personally evaluate and monitor the evolution of their disease, as well as for Healthcare Professional Users and Industry Users.
1.2. SCORAD App: means the SCORAD App published by the Eczema Foundation, which is the digital version of the SCORAD Tool for Healthcare Professional Users and Industry Users.
1.3. App: means the SCORAD/PO-SCORAD App. The SCORAD/PO-SCORAD App was designed and developed by the Eczema Foundation based on the SCORAD Tool, with the assistance of Professor Jean-François Stalder.
1.4. Scores: means the scoring of eczema symptoms that Users enter into the App to calculate the SCORAD/PO-SCORAD Index based on the following criteria: extent of the eczema, intensity of the eczema, severity of the itching and sleep disturbance. Each criterion is assigned a weighting coefficient.
1.5. General Terms and Conditions of Use: means the present general terms and conditions of use.
1.6. SCORAD/PO-SCORAD Index: means the score provided by the SCORAD/PO-SCORAD App based on the Scores entered by Users.
1.7. Personal Information: means the Scores and the information in the Profile (last name, first name, date of birth, skin type and notification settings).
1.8. Profile: means the profile created by the User consisting of the last name, first name, date of birth, skin type and notification settings.
1.9. SCORAD Tool: means the eczema symptom scoring tool that produces the SCORAD and PO-SCORAD Indexes, developed and validated in 1990 by a panel of experts, the European Task Force on Atopic Dermatitis.
1.10. Element: means all of the App's elements (including, in particular, the texts, data, databases, graphics, logos, trademarks, names, animations, images, videos, sound, software and any other element), which are the exclusive property of the Eczema Foundation or the third parties who have granted a licence to the Eczema Foundation, and are protected by French and international laws on copyright and, more broadly, intellectual property rights.
1.11. Hardware: means the physical terminals that allow a User to use the App: a computer, a tablet or a mobile telephone.
1.12. Industry User: means any company that uses the SCORAD Tool and/or the SCORAD/PO-SCORAD App, regardless of the purpose of said use.
1.13. Patient User: means any individual, or their legal representative if the Patient User is a minor and does not use the SCORAD Tool his or herself, who uses the PO-SCORAD App personally or on a minor's behalf for strictly personal and non-commercial purposes.
1.14. Healthcare Professional User: means a healthcare professional.
1.15. User: means a User Patient, a Healthcare Professional User or an Industry User.
II. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of the General Terms and Conditions of Use is to define the conditions under which the App and the services provided by the App and that are the exclusive property of the Eczema Foundation are used, which Users tacitly accept when they consult them. The Eczema Foundation asks Users to exit the App if they do not accept the General Terms and Conditions of Use.
To use the App, Users must read and unconditionally accept all of the General Terms and Conditions of Use when they create their Profile. When Users click on "I agree", they confirm their acceptance of the General Terms and Conditions of Use. Users who refuse to accept the General Terms and Conditions of Use may not use the App.
The General terms and Conditions of Use are available at all times at http://poscorad.com/.
The App must be used and consulted exclusively for personal and non-commercial purposes. Users must refrain from using all or part of the App for illegal purposes (copyright) or any purpose that breaches the General Terms and Conditions of Use.
The General Terms and Conditions of Use apply to any User who connects to the App.
III. PURPOSE OF THE APP
The App was created to provide Users with information on eczema and its clinical signs. The purpose of the App is to rapidly and regularly evaluate the status of the disease by establishing an evolving curve of the patient's eczema based on their Scores.
All of the App's texts and drawings are prepared with the assistance of Professor Jean-François Stalder in the framework of the MADE (Mapping Atopic Dermatitis Expression) project. The drawings belong to the Eczema Foundation.
(Hereafter the "Information").
Users undertake to use the App in accordance with the purpose described in the General Terms and Conditions of Use, not to misuse the App and not to attempt to divert Users to another service.
The App does not constitute a contractual offer.
The App and the SCORAD/PO-SCORAD Index do not provide medical advice, are not a tool to diagnose eczema and in no way constitute a substitute for a medical visit which, alone, can allow for a diagnosis to be made and a treatment protocol to be put in place suited to each individual's needs. The SCORAD/PO-SCORAD Index is calculated based on Scores resulting from self-evaluations. The PO-SCORAD Index is therefore the result of self-evaluation scoring that provides an overview of the severity of the eczema.
The App's Information must not be used to provide a medical opinion and replace a visit to a healthcare professional. The Information the App provides is intended to improve - not replace - the relationship that exists between a patient and his or her doctor.
Similarly, this Information must not be interpreted as a recommendation to use products without a doctor's advice.
As the App is updated by taking all of the activities into account, some new Information or announcements may no longer be valid when they are displayed or they may simply be out of date. The Eczema Foundation cannot guarantee that all of the Information displayed on the App is perfectly up to date, although it makes every effort in this regard.
Furthermore, the App cannot be construed as a contractual offer and does not allow any form of advertising. The App is fully financed by the Eczema Foundation.
IV. INFORMATION ON THE APP
The Information is made available to Users by the App; this does not in any way constitute a transfer of any property right related to the Information. Users have simply been granted a free, personal, non-exclusive, revocable, non-marketable, non-transferable right to use the App and the Information throughout the world for the legal period of the intellectual property rights, solely for their own needs in the framework of the use of the App and for no other use.
Users may not access and/or use the App's source codes.
The Information is provided for information only and is not contractual.
The Eczema Foundation does not guarantee the accuracy and exhaustiveness of the Information made available on the App; the Eczema Foundation will make the corresponding rectifications. The Information displayed may also have been the subject of updates between the time Users saw it and the time they read it. The Eczema Foundation in no way guarantees that the Information is accurate, complete and up to date.
The Eczema Foundation accepts no liability for the direct or indirect consequences and/or damage caused by a defect to or pirating of the Information. Furthermore, the Eczema Foundation does not have a performance obligation, but only an obligation of means (obligation de moyens) regarding the Information provided to Users.
Finally, the Eczema Foundation gives no explicit or implicit guarantee and declines all liability relative to the use of this Information. This Information is provided for information only.
For additional information and/or queries, Users may write to the following address: poscorad@gmail.com.
V. HOW TO ACCESS THE APP
1.1.
The App is a free mobile application that can be downloaded from Apple Store and Google Play, and is intended to be used on mobile terminals on iOS or Android-compatible terminals, and/or in a PC or Mac version which is available at scorad.org and poscorad.com
To download the App, the User must have appropriate Hardware and high-speed internet access, a telephone package with internet access for a computer/tablet/mobile phone compatible with the App, such as a smartphone (IOS, Android), a WAP connection, wifi and/or 3G/4G.
With the exception of the email feature, the App works offline.
When using the App, Users must refrain from hindering or disrupting the proper operation of the App, the servers and the networks connected to the App and/or from modifying, adapting or pirating the App and/or from modifying an app or website of a third party thereby creating a confusion regarding its link to the App.
Users are aware of the constraints and limitations of the internet and telecommunication networks, and therefore undertake to:
Protect their Hardware from any form of virus, attempt to electronically intrude, and unauthorized access and/or use by third parties;
Ensure the conditions under which their Hardware is installed, operates and is maintained allow the App to function properly.
1.2. To access the App and use the SCORAD Tool, Users must first create a Profile:
Using the form provided for this purpose, by filling in the personal information requested: last name, first name, date of birth and skin type (Caucasian, Asian or dark).
By evaluating all of the signs (surface affected by the eczema) and subjective symptoms requested (intensity).
Users alone are responsible for the truthfulness, consistency and exhaustiveness of the information provided in their Profiles.
Users may then save the SCORAD or PO-SCORAD Index in their Profiles, and the Index may then be sent by email or exported.
1.3. Only App Users may access their Profile.
Users may delete their Profile and any personal information at any time, it being noted that, if Users send their Score(s) to their doctor or a third party, their information will not be deleted from their doctor's or the third party's Hardware.
1.4. By using the App, Users agree to refrain from:
- Using the App for political, propaganda or proselytical purposes;
- Publishing advertising or promotional content;
- Diverting the App from its purpose;
- Publishing information or content that may offend the sensibilities of younger Users;
- Conducting illegal activities, in particular by violating the rights of holders related to the software, trademarks, photographs, images, texts, videos, etc.;
- Advertising or inciting other Users to use another service, whether or not said service is in competition with the App;
- Causing harm in any way to the functioning of the App;
- Violating intellectual property laws;
- Violating the laws and regulations in force.
Furthermore, Users undertake not to use the Information and App to attract customers or promote a product, service, healthcare institution, business or organization of any type or, in general, for any advertising or promotional purpose.
1.5. Then using the PO-SCORAD App, Healthcare Professional Users must comply with professional and ethical rules applicable to their profession and to said User.
The Eczema Foundation recommends Healthcare Professional Users indicate in the patient's medical file that they use the PO-SCORAD App. Healthcare Professional Users are responsible for all of the Scores they enter into the PO-SCORAD App and the Profiles they create. Healthcare Professional Users acknowledge the fact that they are solely responsible for the decisions they make regarding their patients' health. The Eczema Foundation will therefore not be held liable for the medical opinions issued by Healthcare Professional Users regarding cases of eczema or any other cases.
If Healthcare Professional Users enter personal data into the PO-SCORAD App, they are responsible for the formalities to be fulfilled pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). Healthcare Professional Users must comply with the laws and regulations in force regarding the processing, and more particularly the hosting, of patient data.
When applicable, Healthcare Professional Users must take all required precautions relative to security and confidentiality if they wish to transmit the Personal Information, in accordance with their professional obligations, including in the case of clinical studies.
1.6. Regarding the conduct of clinical studies, Healthcare Professional and Industry users must (i) fill in the related declaration form and send their request to the following address: poscorad@gmail.com, (ii) adhere to the "SCORAD Tool Users' Charter" for clinical studies, which define mandatory rules, and (iii) comply therewith. Regardless of the clinical study conducted, Healthcare Professional and Industry Users must comply with the legal obligations that apply to the protection of personal information.
VI. GUARANTEES AND LIABILITY
A. LIABILITY
Use of the App is under their sole and entire responsibility of users. Users undertake to use the App in accordance with its purpose.
The Eczema Foundation guarantees that the content of the App complies with the laws of France in effect and industry standards applicable to websites.
The Eczema Foundation guarantees Users will benefit from the undisturbed enjoyment of the App and, in particular, that the App does not violate any third party intellectual property right and that it is original.
Users undertake not to voluntarily or even involuntarily introduce a virus, bug or file of any nature whatsoever that disrupts the functioning of the App, for which they would be held fully and exclusively liable if such an introduction were to occur.
To ensure respect for all individuals, the Eczema Foundation may take legal action against disrespectful Users.
Users declare and guarantee that they are perfectly aware of the characteristics and constraints of the internet and, in particular, that the transmission of data and information on the internet is not 100% reliable from a technical perspective, and therefore that data and information circulate on heterogeneous networks with different technical specifications and capabilities, which disrupt or impede access at certain times.
The Eczema Foundation may not be held liable for any damage that results from a connection to the App or the use of the App by a User.
Regarding clinical studies: The Eczema Foundation does not accept any liability for potential prejudice that Users may suffer as a result of their use of the App.
The Eczema Foundation may not be held liable for errors, omissions, viruses or results that could be obtained due to improper use of the Information and services provided by the App. The Eczema Foundation is in fact only bound by a simple obligation of means (obligation de moyens).
The Eczema Foundation, the executives and the employees of PIERRE FABRE DERMO-COSMETIQUE may not be held liable for:
Any damage whatsoever that results from a connection to, access to or use of the App;
Damage that results directly or indirectly from a consultation of the App or the use of Information available on said App;
Direct or indirect damage resulting from the use of the App and, in particular, any loss of functionality, financial or commercial loss or loss of the App or of data in any information system, even if the Eczema Foundation was aware that such damage could occur.
The Eczema Foundation may in no case be held liable for a loss of Information or any damage related to said Information.
B. APP MODIFICATIONS OR DELETION
The Eczema Foundation endeavours to maintain accessibility to the App 24/7 but is not bound by an obligation to do so. The Eczema Foundation may therefore interrupt access thereto, in particular to perform maintenance and updates.
The Eczema Foundation reserves the right to modify or delete the App without notice, and it may not be held liable in this regard. The deletion or modification of the App in no way results in Users being entitled to any compensation or damages.
VII. PERSONAL DATA
No personal information on Users is collected for the Eczema Foundation when the App is downloaded and used.
The User's use of the App and creation of the Profile results in the provision of personal information, in particular personal health data (Scores filled in by the User to calculate the SCORAD/PO-SCORAD Index, as well as the resulting SCORAD/PO-SCORAD Index), which the User accepts.
It must be noted that that the personal information entered by a User into the App is stored exclusively on the User's Hardware. The Eczema Foundation does not have access to the Personal Information or the SCORAD/PO-SCORAD Index.
The Eczema Foundation does not perform any processing of data entered into the App. Furthermore, the Eczema Foundation never verifies the identity of Users, nor controls, filters, modifies or reviews any of the Personal Information entered.
Users are responsible for the personal information and health data they enter into the App. Users undertake to take all useful and appropriate precautions, in particular regarding the security of access to their Hardware, so that said information and data cannot be accessed by unauthorized third parties. The Eczema Foundation may not be held liable if a third party telephone accesses the information and data entered into the App.
VIII. NOTIFICATIONS
Users agree (if they consent when they create their Profile) to receive one or two weekly or biweekly alerts automatically from the App, reminding them to calculate their SCORAD/PO-SCORAD Index.
It must be noted that Users may withdraw their consent from the Profile settings at any time.
IX. INTELLECTUAL PROPERTY
Unless provided for otherwise herein, all of the App's Elements belong exclusively to the Eczema Foundation and/or third parties having granted a licence to the Eczema Foundation, and are governed by French and international laws on copyright and, more broadly, by intellectual property rights.
These elements are protected by copyrights, trademark rights, rights relative to databases, trade secrets and/or all other intellectual property rights.
All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic and any other form of representation. The reproduction of all or part of the App on any type of electronic medium is formally prohibited unless expressly authorized by the Publication Director.
Users have no intellectual property rights over the App, except the rights conferred herein. Users may therefore not copy, reproduce, represent, adapt and/or use one or more of the App's Elements in whole or in part by any means and on any current or future medium, nor translate the Elements into any other language or adapt said Elements.
Users expressly undertake to ensure that the Use of the App in no way violates the rights of the Eczema Foundation, and, in particular, that said use does not constitute an infringement, or unfair or prejudicial competition.
The trademarks - in particular SCORAD® and PO-SCORAD® - and the logos used on the App are registered; any reproduction thereof would constitute an infringement.
All rights of use are reserved. In accordance with Article L. 122-4 of the French Intellectual Property Code, any full or partial representation or reproduction by any process whatsoever that is not expressly authorized will be deemed illegal and constitute an infringement punished by Articles L. 335-2 et seq. of the Intellectual Property Code.
The Eczema Foundation grants the User a free, non-exclusive, non-transferable, personal licence for the User's private use to access, use and view the App and its Elements.
This right is granted for personal, private and non-commercial use only, and is subject to maintaining all of the notices regarding related reproduction and intellectual property rights. In this regard, Users may not copy and/or reproduce the Elements in whole or in part by any means and on any current or future medium, translate the Elements into any other language or adapt said Elements.
Any other use of the Elements is strictly prohibited and constitutes a violation of the terms of the Intellectual Property Code.
Users are not authorized to sell, lease, commercialize, transfer, assign or otherwise grant, modify or adapt the App, merge it in whole or in part into other software, translate it, decompile it, disassemble it or create any derivative App software or features without the express written authorization of the Publication Director.
The App may not be copied without the authorization of the Publication Director. Any breach of these rules will be considered a copyright infringement.
X. NON-WAIVER AND PARTIAL INVALIDITY
If one of the provisions of the present General Terms and Conditions of Use becomes invalid due to a change in the laws or regulations or due to a court decision, the other provisions of the present General Terms and Conditions of Use will remain valid and must be complied with.
If one of the Parties does not avail itself of any of the provisions of the General Terms and Conditions of Use, said Party cannot be deemed to have waived its right to avail itself of said provision at a future time.
XI. OTHER TERMS AND CONDITIONS
If a provision of the General Terms and Conditions of Use becomes invalid or if they are found to contain a deficiency, the provision in question would be replaced by a provision that is as similar as possible in terms of the legal interpretation thereof.
Users declare and acknowledge that they have read the General Terms and Conditions of Use, and the use of the App signifies total and unconditional acceptance by the Users of all of the General Terms and Conditions of Use.
XII. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF USE
The Eczema Foundation may amend the General Terms and Conditions of Use at any time. Any use of the App after notice has been provided of an amendment constitutes acceptance of the General Terms and Conditions of Use. The General Terms and Conditions of Use that apply are those that are in effect on the App on the date it is used. If a User disagrees with the amendments to the General Terms and Conditions of Use, said User undertakes not to access the App. If the General Terms and Conditions of Use are translated, the French version thereof remains the sole valid and applicable version.
XIII. CLAIMS
Any claim related to the use of the App must be sent to the Eczema Foundation at the following address:
Pierre Fabre Eczema Foundation
3, avenue Hubert Curien
31100 Toulouse - France
or to the following email address: fondationeczema@pierre-fabre.com
XIV. APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions of Use are governed by the laws of France.
Any dispute that may arise in connection with the present General Terms and Conditions of Use will be subject to mediation prior to any legal action or arbitration.
If mediation fails, the dispute will be brought before the competent court within the jurisdiction of the Court of Appeal of Paris.
