Terms & Conditions

© 2022 AIAPS France. All rights reserved.

Version dated January 13, 2021

 

1. SCOPE

 

1.1. Our products

 

1.1.1 We AIAPS France SAS, address: 203 Avenue Achille Peretti 92200 Neuilly-sur-Seine, Paris (“AIAPS France”), develop and operate mobile application(s) (apps) for closed-loop insulin delivery and linked data infrastructure for persons with diabetes and health care professionals. AIAPS France is a digital health company and wants to offer persons with diabetes improved glucose

control and reduce the burden of diabetes self-care.

 

1.1.2 Our Products guide and support closed-loop insulin delivery to the very best of our knowledge. Our Products and services cannot replace consultation with and diagnosis by a healthcare professional. For questions on the illness and therapy, we

recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content – no matter whether provided by AIAPS France itself, our collaborators distributors, contractors, or

users – can be understood as supplementing or replacing information from a healthcare professional or pharmacist.

1.1.3 AIAPS France may offer a range of Products (apps) and services as well as allowing data sharing to support managing your diabetes. All current and future apps and services (including new versions, updates, and other improvements) that AIAPS France provides in any way, are subsequently referred to jointly as “Products” or individually as a “Product”. Each person who acquires and uses one or more of our Products is referred to jointly as “Users” or individually as “User”. If these T&Cs refer to natural

persons using the male form, they apply equally to all people.

1.1.4 In connection with these T&Cs, the following term definitions apply to individual Products:

AI APS is an independent mobile application (app) for your smartphone offering hybrid closed-loop insulin delivery for people with type 1 diabetes. The app links to a third-party glucose sensor and a third-party insulin pump. You may decide to share data collected by the app with AIAPS France or third-party diabetes portal(s) for data viewing. Restrictions may apply which smartphone model may be used based on third party pump and glucose sensor.

1.1.5 Our user manual(s) (accessible via our apps or via our website) and the relevant special provisions emphasize any peculiarities for the individual Products.

1.2. Scope of our T&Cs

1.2.1 We exclusively offer our Products based on the current version of these General Terms and Conditions (T&Cs), this applies globally. AIAPS France explicitly opposes contradictory business or other usage terms.

1.2.2 Please note that before using our Products for the first time you must consent to all the declarations and agreements referred to and accept them during any further usage. The registration and use of our Products is prohibited without your consent to our T&Cs.

1.2.3 We explicitly reserve the right to make future changes and factually justified modifications to our T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users. Such changes are possible at any time and will be published in an appropriate manner. If they are not opposed within a month, the ongoing use of our Products is subject to the relevant new T&Cs.

1.3. Third-party suppliers

1.3.1 You may find our Products in the app store(s). In general, the business terms of the relevant third-party supplier (over which we have no influence) apply there; these are not part of our T&Cs nor our contractual relationship with you as the User of our Products. This also applies to the business terms and conditions of your mobile device or service supplier.

1.3.2 We work with various partners to ensure the optimal use of our Products. These include cooperation partners that supply our Users directly with certain Products (e.g., insulin pump, continuous glucose monitor). In these cases, we emphasize the applicable business terms of a third-party supplier as you must accept suchbusiness terms before you can start using our Products.

2. DATA PROTECTION

 

We are aware of the major responsibility that comes with your use of our Products. Not only do you provide us with general personal data but also with data on your health. In our Privacy policy we inform you about the use and protection of your data in connection with using our Products and on your consent required for this.

WITHOUT YOUR PRIVACY CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE IN LEGAL OR ACTUAL TERMS.

Our Privacy policy is not part of these T&Cs but rather is only used to provide you with information under the GDPR based on which you issue your consent for the necessary data processing.

3. CONCLUDING THE CONTRACT AND REGISTRATION

3.1. Purchase of and payment for our products

3.1.1 Our products can be purchased by various means:

Apps

App stores offer our products. Please note that to download (not use) our products, the separate business terms of the app store apply, and these may require a user account.

Our website may provide direct access to our products and allows our products to be ordered.

Voucher codes for our products may be in circulation and can be redeemed on our website.

3.1.2 You can order our chargeable Products on our website. They are paid for via payment service provider, our distributors or

other stipulated payment options. The distributor acts either as an agent and payment service provider for AIAPS France or as a direct seller. If you experience problems with downloading or payment, please contact info@aiaps.tech any time.

3.1.3 Usage fees or purchase prices (including statutory value-added tax) must be paid – depending on the offer and selection – once or repeatedly (e.g., on a monthly, 6-monthly, or annual basis). The current fees are provided on our website, by distributor or displayed in our app or the app stores and are due for payment in advance. If payment is not processed directly via the app

store, payment provider or distributor can send you invoices and payment reminders by email. In the event of culpable, late, or incomplete payment, we are entitled to block your access to our Products. Your usage fee payment obligation remains unaffected by this.

3.1.4 AIAPS France can also make special and free offers that are subject to additional conditions or restrictions. In this regard we explicitly refer to any variances from these T&Cs while otherwise the full content of these T&Cs remains applicable. Special or free offers cannot be transferred to other Users.

3.2. Registration and activation

3.2.1 The use of our Products requires your registration with AIAPS France in our apps. As soon as you have activated our Product for the first time, you must register using an email address and password.

3.2.2 By registering, the User agrees to his binding offer to conclude a contract with AIAPS France for the use of our Products on the basis of the applicable version of these T&Cs.

3.2.3 The activation is confirmed once your login details are accepted, and you have undergone appropriate training. We reserve the right to reject individual Users or their offer to conclude a contract without stating a reason. In such a case any payments already made will be reimbursed and User data provided deleted immediately.

3.2.4 Upon registration, the User confirms that he is at least eighteen years old, and that applicable law permits him to conclude contracts. Only people with legal capacity are permitted to register. Minors are only permitted with the explicit agreement of a parent/guardian. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in

the name of the minor.

3.2.5 On registration, the User confirms their acknowledgement and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete. We reserve the right to contact Users at any time to verify registration data and usage information.

3.2.6 If the User provides false, incorrect, out-of-date, or incomplete information or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, AIAPS France is entitled to block the relevant User with immediate effect without prior notice and prohibit the use of our Products without being obliged to repay the User for the costs incurred.

 

3.2.7 The User must protect their registration data from unauthorized access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the AI APS app has been exposed to such a risk, this must be notified without delay to info@aiaps.tech.

We have the right to block the AIAPS app of any User if it is used for wrongful or fraudulent intentions.

4. RIGHT OF WITHDRAWAL AND REVOCATION

4.1. Information on exercising revocation right

4.1.1 If you do not use our Products either for commercial or for professional purposes, as a consumer you are entitled to revoke the contract concluded with AIAPS France under the following conditions:

 

REVOCATION RIGHT

You have the right to revoke this contract within fourteen days without stating a reason.

The revocation period is fourteen days from the date the contract was concluded (digital content activation).

To exercise your revocation right, you must inform us of your decision to revoke the contract using a clear declaration to distributor or AIAPS France, email info@aiaps.tech (e.g., by email or post).

To maintain the revocation period, it is sufficient for you to send the notification of exercising the revocation right before the end of the revocation period.

Consequences of revocation

If you revoke this contract, distributor or we must repay all payments that we have received from you, without delay and at the latest within fourteen days of the date when the notification of your revocation of this contract was received by us.

Where possible, we use the same payment method for this repayment as you used for the original transaction unless we have explicitly agreed something different; under no circumstances are charges incurred due to this repayment.

5. USE OF OUR PRODUCTS

5.1. Usage term and termination

5.1.1 Your right to use our Products starts with registration and activation by AIAPS France.

5.1.2 Our chargeable Products can be purchased in the form of monthly, 6-monthly, or annual subscriptions, depending on the current offer they are also available for a shorter or longer usage period (hereinafter “subscription period”).

5.1.3 Both the User and AIAPS France are entitled to terminate the contract ordinarily at any time by giving notice of one month with effect at the end of the month. You can either do this by contacting your distributor or by written notification to us at info@aiaps.tech. Please note that fees already paid for an unused subscription period are only reimbursed in the event of ordinary termination by AIAPS France or automatic ending (section 5.1.5 below).

5.1.4 If there is no termination or termination is late, the subscription period is extended automatically by another period corresponding to the previously selected subscription period. The relevant standard price at the time of the extension (not the prices of any special or free offers) applies.

5.1.5 In the event of the User's death or the revocation of the privacy consent, the usage relationship ends automatically with immediate effect. AIAPS France is not permitted to process your health data without your consent.

5.1.6 If you have questions on your usage term or its ending, please contact info@aiaps.tech at any time.

5.2. Lock out and exclusion

5.2.1 We reserve the right to temporarily lock out Users at any time for any important reason (at our discretion) or to permanently exclude them from using our Products. In the event of such a contract ending without a notice period, the reimbursement of usage fees is excluded.

5.2.2 An important reason occurs for serious infringements by a User against the provisions of these T&Cs, e.g. infringements of section 3.1 (Payment) after setting a two-week grace period, section 3.2 (Registration data), section 5.3 (License) or section 6 (“Your behavior”).

 

5.3. License and the granting of rights

5.3.1 With your registration and activation, you acquire the non-exclusive, non-transferable but geographically unrestricted right to save and use a copy of our app for your own purposes within the framework of these T&Cs. For chargeable Products, this license is restricted to the duration of your contractual subscription period.

5.3.2 The software, code, methods, and systems as well as the content of our Products are protected by copyright and competition law and may exclusively be used by AIAPS France. Our Products or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written

consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of AIAPS France.

Unless otherwise provided by these T&Cs, all of the usage and exploitation rights are owned exclusively by AIAPS France and there is no licensing of any kind for our Products.

5.3.3 If this is required for the technical provision of our Products, each User grants AIAPS France a non-exclusive, revocable but free, transferable exploitation and usage right, unrestricted in terms of time and location, to the content that they generate, transfer, store, or publish within our Products. Usage or exploitation is however excluded if this disproportionally adversely

affects the legitimate interests of the User (e.g., privacy rights). In the event of usage outside our Products, if appropriate, we will indicate that the content comes from the User. AIAPS France does not claim any ownership of created content and will not assume any supervisory function with regard to content created by Users.

5.4. Availability of our Products

5.4.1 We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. AIAPS France cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our Products or communication with Users. We partly offer our Products in cooperation with

third-party distributor(s) and suppliers and are therefore also dependent on the technical provision of third-party services.

 

Therefore AIAPS France accepts no responsibility, guarantee, liability, or obligation to provide our Products online at all times without interruptions.

5.4.2 This also applies to restrictions in using our Products due to force majeure, strikes, lockouts, and official instructions or due to technical modifications or maintenance work on the AIAPS France systems. In the event of disruptions or failures of our Products, please contact info@aiaps.tech any time.

6. YOUR BEHAVIOR

6.1. General information

6.1.1 Each User is entitled and obliged to use our Products at their own risk and expense whilst deploying suitable technical equipment.

The devices and operating systems that are compatible with the Products can be requested at any time from info@aiaps.tech.

6.1.2 You are also obliged to use our Products exclusively in compliance with these T&Cs and the statutory provisions as well as avoiding all wrongful use. Please inform us immediately if you discover any breaches of the duties stated in this section at info@aiaps.tech.

6.2. Abuse

6.2.1 Each User is obliged to state their registration data truthfully, to keep it up-to-date and complete as well as not to pass it on to any third party. Personal data must be treated confidentially, managed carefully, and backed up under one’s own responsibility. AIAPS France accepts no liability or other guarantees for lost or damaged data or content if this is not our fault.

6.2.2 Content such as photos, images, texts, videos, or other depictions may only be stored, published, transferred, or distributed in connection with our Products if the User has the right to transfer or use them. In all cases the use of racist, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content of all kinds is always prohibited.

6.2.3 Furthermore it is prohibited to decrypt, reverse engineer, decompile, or dissemble our Products or use our Products on rooted smartphones. Each User is obliged not to undertake any disruptive interferences by technical or electronic means in our Products (in particular hacking attempts, brute force attacks, introducing viruses, worms, trojan horses, other malicious software) nor any type of attempted disturbance that might affect the software or hardware of the Products and systems of

AIAPS France. Any tampering with our Products may result in our Products not performing according to intended use.

7. OUR RESPONSIBILITY

7.1. Guarantee and liability

 

7.1.1 Unless otherwise provided by these T&Cs, AIAPS France is liable and provides guarantees as laid down by the statutory provisions.

7.1.2 With regard to Users who are not consumers, liability for financial losses, consequential damages, lost profit, and damages resulting from third-party claims is excluded. If our liability is limited or excluded in these T&Cs, this applies equally to vicarious agents and affiliated companies of AIAPS France.

7.1.3 Outside the application scope of product liability legislation, the liability of AIAPS France is limited to deliberate acts and gross negligence – with the exception of personal injury. The liability for slight negligence is excluded when faced with consequential objective justifications.

7.1.4 AIAPS France provides no guarantee for our Products being completely available without interruption and without errors or that the required software and hardware operates without errors. We can also not exclude the possibility that data could be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other

telecommunication networks.

7.1.5 AIAPS France accepts no guarantee for downloaded content or material that Users have received as a result of using our Products. The User is solely liable for all damage that could be created in their IT system or devices or for the loss of data because of downloading materials associated with our Products.

7.1.6 Furthermore AIAPS France is not liable for third-party content such as external links, banners, other information, or advertising offers from third parties that can be placed as part of our Products. If we enable access to the offers of third parties

via notifications or links,  AIAPS France is not responsible for the information contained therein. Resulting legal transactions with third parties lead exclusively to contractual relationships between the User and the relevant third party. We accept no guarantee or other liability for the services of third parties.

7.2. Disclaimer and indemnification

7.2.1 The use of our Products does not replace consultation with a healthcare professional or other medical advice and is undertaken exclusively at the User's own risk. This applies to any use of the data provided as part of our Products by the User including blood and sensor glucose results, calculations, and any recommendations. The User explicitly acknowledges that such data may be defective and AIAPS France accepts no responsibility for it being correct.

7.2.2 To the extent required by applicable medical devices law governing the use of the Products, the Products may only be operated or used exclusively as per the purpose, specifications, and application areas as laid down in the offer and usage terms.

7.2.3 The User will indemnify AIAPS France against all third party claims arising against AIAPS France as a result of the wrongful infringement of its rights by the User with regard to use of our Products. All other claims for damages by AIAPS France against the User remain unaffected.

7.2.4 The User accepts full liability for all damage and disputes in and out of court arising from conflicts with other Users. The User explicitly acknowledges that AIAPS France is under no circumstances responsible for actions or omissions by other Users and any resulting damage.

7.2.5 In the event of claims being raised against AIAPS France by third parties, the User is obliged to immediately provide all of the information available to them truthfully and in full as is required to review, defend, and prevent claims by third parties. The

User bears the costs of any necessary legal defense by AIAPS France, including all court and legal costs in the statutory amount.

8. FINAL PROVISIONS

8.1. Choice of law

These T&Cs and the entire legal relationship between AIAPS France and the User is subject exclusively to French law, except for its reference provisions and the UN Sales Convention. However, as a consumer the User enjoys the protection of mandatory provisions in the country in which they are located or habitually resident.

8.2. Place of jurisdiction

The place of fulfilment and sole court of jurisdiction for all disputes arising from these T&Cs is agreed as the head office of AIAPS France in Parece, France. Mandatory conflicts of laws in favor of consumers remain unaffected.

8.3. Other

8.3.1 If notification or the written form is required by these T&Cs (including for legally important declarations), transmission by email to the address stated on registration is sufficient.

 

8.3.2 Users have no right to transfer their access to the AI APS app account or the rights and obligations arising from these Terms and Conditions in connection with the use of us.

8.3.3 If individual provisions of these T&Cs are or become ineffective, the other provisions of these T&Cs not affected by the invalidity remain valid and applicable.

8.3.4 These T&Cs are provided in various languages. The version in the language of the country in which the consumer is located or habitually resident is key and definitive. If and to the extent to which there is no country-specific language version available, the English version is definitive.

 

AI APS is a registered trademark of AIAPS France SAS. Other trademarks are the property of their respective owners. No use of any AIAPS France trademark, trade name, or trade dress in this site may be made without the prior written authorisation of AIAPS France, except to identify the product or services of the company. The product images are for illustrative purposes only.

© 2022 AIAPS France. All rights reserved.