GENERAL TERMS AND CONDITIONS OF SALE AND USE OF BLUETENS as of February 3, 2021

PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE USING BLUETENS

Bluetens France, a simplified joint-stock company with a single shareholder whose registered office is at 5, passage Saint Bernard in Paris (75011) registered in the Paris Trade and Companies Register under number 804 310 795 (hereinafter “Bluetens”), operates an application under the name "Bluetens", the objective of which is to allow an individual to use the electrostimulation device marketed under the Bluetens brand, to benefit from free monitoring of their activity carried out by means of the medical device and order a personalized user program from a partner physiotherapist.

For the optimal use of the medical device and the Service, a unique registration for the User is required. However, Bluetens can be used without registration.

These General Terms and Conditions of Sale and Use (T&C) are intended to define the rights and obligations of the Parties, as well as to determine the conditions of use of the mobile application and of the service offered by Bluetens.

The User is informed that the provision of the service offered through the Application and the use of it is subject to the unreserved acceptance of these T&Cs. The User must always consult the device’s user manual and strictly follow the safety instructions.

1. DEFINITIONS

The terms below will have the meaning given to them in this article when they are used with a capital letter in these T&Cs. 

“Application” means the Bluetens mobile application available on IOS and Android.

"T&Cs" means these general terms and conditions of use.  

"Account" means the space made available to the User registered on the Application which, after being identified by his login details, allows him to access the Services and Programs to which he has subscribed.

"Program" means the training or treatment plans prepared by a physiotherapist at the request of the User based on the information provided by the latter, his objectives and/or health issues.

"Service" means any service or information offered on the Application.

"User" means any natural person, of full age and/or capacity, who connects and/or uses the Application.

2. PURPOSE OF THE T&Cs

The purpose of the Application is to allow the use of all the products of the Bluetens range and to offer the User the option to monitor his activity and performances.

By using the Application, the User acknowledges having had the opportunity to read the conditions and warnings detailed on this page and accepts them without reservation.

Bluetens offers the use of the Application, subject to the express and unequivocal acceptance of these T&Cs. By registering on the application, the User consents to the validity of these T&Cs and the agreements incorporated therein by reference.

These T&Cs are valid until canceled in the current version in force and from October 31, 2020. 

Bluetens reserves the right to modify these T&Cs at any time. As a result of this modification, the continued use of the App by registered Users is subject to acceptance by the User of the modified T&Cs.  The current version of the T&Cs is permanently available for consultation on the App, in the "T&Cs" tab and upon request from Bluetens at cs@bluetens.com

Only the French language version of these T&Cs is binding and enforceable against Bluetens.

3. SCOPE OF APPLICATION

The T&Cs apply, without restriction or reservation, to all operations carried out on the Application. They constitute the contractual documents enforceable against the Parties, to the exclusion of all other documents, prospectuses, catalogs, or photographs of the Services that have only an indicative value.

They govern the contractual relations between Bluetens and the Users.

The contact details of Bluetens are as follows:

Bluetens France, a simplified joint stock company with a single shareholder whose registered office is at 5, passage Saint Bernard in Paris (75011) registered in the Paris Trade and Companies Register under number 804 310 795, VAT number: FR20 814517959 whose Managing Director is Boris Dorin.

These T&Cs apply to the exclusion of any other general conditions with regard to the use of the Application. In the event of the conclusion of special conditions, these shall prevail over the present T&Cs in the event of any contrary stipulations.

These T&Cs are accessible through the Application at any time and shall prevail, where applicable, over any other version or any other contradictory document.

The User declares to have read these T&Cs and to have accepted them without restriction or reservation by checking the box provided for this purpose before creating an account.

The User acknowledges having the capacity required to contract. 

The invalidity of one provision of the T&Cs does not affect the validity of the others.

4. USE OF SERVICES - CREATION OF THE ACCOUNT

In order to be able to benefit from all the services made available through the Application and in particular the Service, the User must complete a one-time free registration. Should he not register, the User can use a simplified version of the Service and the Application.

Registration is completed by using the registration form provided by Bluetens on the Application. 

By registering on the Application, the User confirms his knowledge and unreserved acceptance of the terms and of the content of these T&Cs.

When registering on the Application, each User must provide personal information in order to allow for an individualized and secure access to the interface and to the Services.

This personal data is entered using the registration form and includes the first name, last name, email address. Mandatory data is indicated with an asterisk. Each field must be filled in with true information. Registration is only possible by using the User's civil name; the use of made-up names or pseudonyms is not possible.

Registration is reserved for individuals. People under the age of 15 are not authorized to use the Service offered by Bluetens, unless authorized by the legal guardian.

By registering on the Application and opening an account, Users acknowledge having read the data protection policy. Accessible at the following link https://www.bluetens.com/fr/content/22-confidentialite.  When using the generic and premium program options, the user must provide data relating to his state of health and consents within the framework of the subscribed offer to their processing.

If the registration process is interrupted, for example, due to incomplete fields or the lack of consent to these T&Cs, Bluetens will delete the corresponding Account within seven days.

Bluetens reserves the right to unilaterally and without justification refuse the registration of a User. If necessary, all personal data transmitted will be deleted as soon as possible.

Users must protect access to their Account from any unauthorized and fraudulent use. They undertake to inform Bluetens immediately of such illicit use or risk of fraud.

To preserve the security of the data transmitted, Users must diligently protect their connection data and grant access to their Account only to trusted third parties. In such a case, Bluetens cannot be held responsible for the loss or fraudulent use of the data.

In the event of a change of status, the User undertakes to inform Bluetens thereof. Bluetens cannot be held responsible by the User in cases where it has not been notified of a change in status or of erroneous information concerning him.

The Company reserves the right to take legal action and seek damages against any person who has attempted to cheat, deceive, or fraudulently use the Service provided by the Company, or generate advantages or benefits in a fraudulent or unfair manner, or more generally to have entered information in order to usurp an identity.

5. SUSPENSION AND CLOSURE OF THE ACCOUNT

In order to ensure compliance with its obligations by the User, Bluetens reserves the right to apply the following scale of sanctions depending on the violation for which the User is guilty:

warning;

removal of content;

temporary deactivation of the User Account;

cancellation (irrevocable deactivation of the account).

The type of sanction depends on the purpose, impact, and type of violation by the User.

In the event that a User Account is canceled, the User concerned is not authorized to register again and will not be able to claim any compensation, in particular, with the result that it will be impossible to pair the Bluetens medical device with the dedicated Application.

Bluetens reserves the right, without compensation and without notice, to suspend access to all or part of the Account until the cause of the suspension has ceased, or even to delete the Account in view of the seriousness of the breach.

The User acknowledges that Bluetens cannot be held liable against it or against third parties for the consequences of the closure or suspension of the Account.

The User can, at any time, forgo using the services and request a closure of his Account via the Application. In all cases, the User remains responsible for any use of his Account prior to the closing of this Account.

6. PERSONALIZED PROGRAM

6.1. Ordering the Program

The User has the option to order a training and/or personalized care program prepared by a physiotherapist partner of Bluetens. The physiotherapists who prepare the Programs are medical professionals who operate in accordance with applicable regulations.

The price of the Program is set according to the User's request and is accessible on the Application. A User can order multiple Programs that meet different objectives or issues.

To order a Program and use the Premium and Generic options, the User must have created an Account, identify themselves to make the purchase and have consented to the processing of their health data.

The Program includes:

• collecting and analyzing the User's data:

o Sporting activity

o Frequency of practice

o Level of practice

o Physical request for professional activity

o Level of pain / time slots

o New or recurring problem

• the provision of a plan for the use of Bluetens based on the information provided, objectives and health problems of the User.

The User is required to provide all reliable and accurate information necessary for the preparation of the program. He is and remains solely responsible for compliance of this.

Payment for ordering a program is made by credit card through Stripe.

The User acknowledges that he has read and accepted the terms and conditions of the chosen payment method. Bluetens cannot be held responsible for any errors in the payment process.

After payment has been made, the User will receive an e-mail message attesting to the validation of the payment and the ordering of the Program. In the event of a payment incident, the User's order will not be confirmed.

In accordance with Article 1127-2 of the Civil Code relating to the conclusion of a contract in electronic form, the User will be able to view the details of his order and its total price and correct any errors before confirming it to express his acceptance. The contract will be concluded, in application of the provisions of the Civil Code, from  the validation click, subject to an effective payment, by which the User confirms his order after being able to correct it. The language proposed for the conclusion of the contract is French.

6.2. Provision of the Program

The program ordered by the User will be made available in his personal space within 96 hours of validating the order.

If the services have not been provided at the end of this 30-day period, for any reason other than force majeure or because of the User, the sale may be resolved at the User's written request under the conditions provided for in Articles L216-1 and L216-2 of the Consumer Code, reproduced as follows:

Article L.216-1 of the Consumer Code:

"The professional delivers the good or provides the service on the date or within the time specified to the consumer, in accordance with 3° of Article L. 111-1, unless the parties have agreed otherwise. In the absence of an indication or agreement as to the date of delivery or execution, the professional delivers the good or performs the service without undue delay and no later than thirty days after the conclusion of the contract. Delivery refers to the transfer to the consumer of the physical possession or control of the good.”

Article L.216-2 of the Consumer Code:

“In the event of a breach by the professional of his obligation to deliver the goods or to provide the service on the date or on expiration of the period provided for in the first paragraph of Article L. 216-1 or failing this, at the latest 30 days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt, or by written notification on another medium, if, after having directed the professional, by the same methods, to make the delivery or provide the service within a reasonable additional period, and this has not been executed within said period.

The contract will be considered terminated upon the receipt by the professional of the letter or written notification informing him of said termination unless the professional has executed this in the meantime. The consumer can immediately rescind the contract when the professional refuses to deliver the good or provide the service or when he does not perform his obligation to deliver the good or provide the service on the date or on expiration of the period set out in the first paragraph of Article L. 216-1 and that this date or deadline is an essential condition of the contract for the consumer. This essential condition results from the circumstances related to the conclusion of the contract, or of an express request from the consumer before the conclusion of the contract.”

The sums paid by the User may be returned to him no later than 14 days after the date of termination of the contract, in accordance with the provisions of Article L216-3 of the Consumer Code.

6.3. Right of Withdrawal

As an exception to the terms of L221-18 of the consumer code, the period of 14 clear days to exercise the right of withdrawal is not applicable. Indeed, the right of withdrawal cannot be exercised for contracts to provide digital content not provided on a material medium, the execution of which began after the express, prior agreement of the consumer and express waiver of his right of withdrawal in accordance with Article L221-28 paragraph 13.

By accepting these terms and conditions, the User expressly consents to the Program being sent before the end of the withdrawal period and expressly waives his right of withdrawal.

6.4. Responsibility

Bluetens cannot be held responsible for any accident occurring to one of its Users during one of the sessions or during the follow-up of a Program.

Bluetens can only be held liable by a User if the certain and definitive evidence is established in court of a fault committed by Bluetens which caused the User damage in direct causation with the fault committed.

Bluetens will not be responsible for the direct or indirect damage suffered by the User when the User's behavior (particularly with respect to the information transmitted) is the cause or has contributed to the damage he claims to suffer.

Bluetens will not be liable, in particular, for the direct and indirect damages suffered by the member as a result of the member's non-performance or poor performance of these Terms of Use.

7. APPLICATION ACCESSIBILITY

Bluetens is committed to making the best efforts to ensure accessibility to the Services and the smooth running of the Application.

As such, Bluetens strives to allow access to the Services 24 hours a day, 7 days a week, except in cases of force majeure as defined by Article 1218 of the Civil Code and applicable jurisprudence or of an event beyond its control, and subject to any breakdowns and maintenance interventions necessary for the proper operation of the Application.

Bluetens cannot guarantee availability of the Application and/or Services, reliability of transmissions and performances in terms of response time or quality. 

Bluetens cannot be held liable if it is not possible to access the Services.

In addition, Bluetens may be required to interrupt access to the Services or a portion of the Services, at any time, without notice and without the right to compensation. The User acknowledges and accepts that the Company is not responsible for any interruptions, and the consequences that may arise from this for the User or any third party.

8. USER OBLIGATIONS

Users undertake to make use of the Application in accordance with the terms of these T&Cs. 

More particularly, Users are prohibited from using the Services that would be contrary to any applicable legislation. In this regard, Users are prohibited from publishing Content that is offensive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and ethics, infringing, infringing public order or the rights of third parties, which could damage the rights, reputation, and image of Bluetens and, more generally, whose content would violate the law and/or the regulations, in particular of a criminal nature.

Users recognize and accept that they take full responsibility for any publication. The Company cannot be liable in this regard. 

Each User also commits to:

verify the accuracy of the information provided;

to refrain from any alteration, reproduction, correction, arrangement, modification, or dissemination of the Service;

to verify the compliance of its data with the legislation and rights of potential third parties, to obtain all necessary authorizations on its own, and guarantees Bluetens against any recourse by a third party.

Users expressly commit to:

o comply with applicable laws and regulations and not infringe on public order, good morals, or the rights of third parties and do not violate any legislative or regulatory provisions;

o not make available to the public any content for which they do not hold the rights and which would thus violate provisions relating to copyright or intellectual property rights;

o Not to use the Application and the Services in a fraudulent manner (e.g.: a false account or a false identity) and/or to harm the interests of Bluetens or third parties;

o Not assign or transfer in any way their Account to a third party;

o Provide Bluetens with all the information necessary for the operation of the Application and the Services;

o Inform Bluetens in the event of any complication of any kind concerning the Application or the Services.

The User acknowledges that the following is prohibited:

o Any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Service;

o Any intrusion or attempted intrusion into Bluetens systems, any misappropriation of system resources of the Application, Services and Account;

o any use of the Service for illicit or illegal purposes such as, in particular: spamming, intrusion or attempted intrusion from the Service (but not limited to: port scanning, sniffing, spoofing, etc.). 

o Any action likely to impose a disproportionate load on Bluetens' digital infrastructures;

o Any breach of security and authentication measures, any act likely to infringe on the rights and financial, commercial, or moral interests of Bluetens and other users of the Application and Services;

o Any breach of the T&Cs;

o Any copy and/or misappropriation of the digital infrastructure of the Application;

o And more generally, any practice which diverts the Application and the Services for purposes other than those for which they were designed.

The User is also solely responsible for all information transmitted and their updating. Consequently, the Company cannot be held responsible for the content of the information transmitted, disseminated, or collected, their use and their updating, as well as any files, for any reason whatsoever. As such, the User undertakes to keep information compliant and to rectify it if necessary through their personal space.

Users are solely responsible for their use of the Application. Bluetens cannot be held liable for a malfunction of the Service resulting from improper use of the Service by the User. In addition, Users guarantee Bluetens against any action from third parties or other Users who claim a violation of their rights.

By using the Application, the User agrees, within the applicable legal and regulatory limits, to indemnify Bluetens or any subsidiary that would suffer prejudice as a result of the User's failure of all claims raised by third parties as a result of 'a violation of their rights by the user in relation to the content downloaded or generated by this User. 

The User will bear the costs of any legal proceedings, where applicable, in which Bluetens or one of its subsidiaries is involved in the context of these claims, including costs and attorney's fees, without prejudice to the damages and interest that Bluetens or the subsidiary in question could claim in compensation for the damages that it has personally suffered.

In the event that a request is presented by a third party, the User must make available to Bluetens or the subsidiary concerned, as soon as possible, all the information useful for his defense and for the apprehension of the third-party claim.

9. CONTENT 

The User freely grants Bluetens an irrevocable and unlimited right to use all the content generated, transmitted, recorded, and published by them and in connection with the use of the products and Services, subject to the specific stipulations provided for the accessible personal data at the following link: https://www.bluetens.com/en/content/22-privacy-policy. 

Consequently, Bluetens will have the right to use, in particular commercially, all the content generated within the scope of the Application but also through the other services offered by Bluetens or any company affiliated with Bluetens.

10. INTELLECTUAL PROPERTY

The Application and each of its constituent elements, in particular, but not limited to, the software, structures, infrastructures, databases and content of any kind (texts, images, visuals, logos, brands, etc.) operated by Bluetens are protected by all intellectual property rights in force, which the User acknowledges.

Bluetens is the owner of all intellectual property rights relating to the Application. 

The use of the Application does not confer upon the Users any intellectual property rights on any element whatsoever of said Application, whether it is the software and technical tools made available by Bluetens or even protected elements (texts, images, videos, brands, designs and models, databases, etc.) which remain the property of their respective owners.

Access to the Service is granted under a free user license. This license is limited to France and will end in the event of suspension or deletion of a User Account.

The licenses granted by the T&Cs do not give any right to the content of the Application, computer programs, software, and products associated with the Services provided by Bluetens, nor to the associated logos and other names, logos, icons, and brands identifying Bluetens’ products and Services which must not be used without the prior written permission of Bluetens.

As such, any reproduction or representation, in whole or in part, of the Application and the Services it offers or of each of its components, without the authorization of Bluetens, is prohibited. Any recovery or reproduction of these elements without the prior authorization of Bluetens constitutes an act of counterfeiting which may be prosecuted as such and engage the civil and criminal liability of its author.

Likewise, the User is prohibited, except with the prior written authorization of Bluetens, to use, reproduce, adapt, modify, create derivative works, distribute, grant a license, sell, transfer, publicly present, transmit, distribute, or otherwise use the Application and the Services it offers and all of its elements belonging to Bluetens. 

In accordance with the applicable provisions of the Intellectual Property Code, only the use of the Application for private use is authorized, to the exclusion of any other use which would constitute acts of counterfeiting sanctioned as such. Any other use may give rise to prosecution.

11. PERSONAL DATA

We take great care to protect the personal data entrusted to us. We are committed to ensuring the best level of protection of your personal data in accordance with the GDPR ‘General Data Protection Act' Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and the Data Protection Act n° 2018-493 of June 20, 2018, promulgated on June 21, 2018 which amended the Data Protection Act of January 6, 1978. For any information on the protection of your personal data, you can refer to our policy https://www.bluetens.com/en/content/22-privacy-policy.  

12. HYPERTEXT LINKS - LINKS TO OTHER SITES

Bluetens may offer on the Application links to third-party sites and in particular to the website www.bluetens.com.

These links do not engage the responsibility of Bluetens, in particular with regard to the content of these sites.

Bluetens is not responsible for hypertext links leading to this application and prohibits anyone from setting up such a link without its prior written authorization.

13. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

The company cannot be held liable for the non-performance or improper performance of the contract due either to the fault of the User or to the insurmountable and unpredictable fault of a third party to the contract, or to force majeure.

Despite the care taken in developing and updating the content of the Application, inaccurate or incomplete information may appear and are not liable as such to engage the responsibility of Bluetens. Bluetens makes its best efforts to correct such information as soon as it becomes aware of it.

Bluetens cannot be held liable for damages resulting from the use or the impossibility of using the Application, including computer viruses.

Despite the use of encrypted security software, Bluetens declines all responsibility for any damages resulting from the use of electronic communication and cannot guarantee the security of information and payments transmitted via the internet or by email, the payment tool made available to the User being managed by a trusted third party.

Bluetens cannot be held liable in the event of damage suffered by a third party resulting from misuse of the products and services offered.

The use of the Service or of Bluetens does not replace the consultation by the User of a specialist doctor and Bluetens cannot be held responsible in the event of the absence of results from a Program on a health problem or of non-achievement. of a goal.

Bluetens has taken great care to verify the accuracy of the information contained in its mobile application. It strives to ensure that it is regularly updated and reserves the right to modify its content at any time and without notice.

Bluetens declines all responsibility (direct or indirect) in the event of delay, error or omission in the content and use of these pages, as well as in the event of interruption, unavailability or hacking of the service.

If you notice any errors, inaccuracies, or omissions, you can inform the Bluetens Communication Department at cs@bluetens.com. 

14. MEDIATION

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Bluetens is a member of the Service of the e-commerce Mediator of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr. After consumers' prior written action vis-à-vis Bluetens, the Mediator's Service can be referred for any consumer dispute for which the settlement has not been successful. To find out how to refer to the Mediator, click here [https://www.mediateurfevad.fr/index.php/espace-consommateur/].

15. FORCE MAJEURE

Any event beyond the control of the parties and which is reasonably impossible to foresee and overcome will be considered a force majeure event. 

Bluetens cannot be held responsible for delays or non-performance of its contractual obligations resulting from the occurrence of events beyond its control, such as in particular: acts of state, meteorological disturbances, absence or suspension of the supply of electricity, lightning or fire, decision by a competent administrative authority, war, public disturbances, acts or omissions on the part of other telecommunications operators, or other events beyond the reasonable control of Bluetens. 

All circumstances of this nature occurring after the conclusion of the contract and preventing performance under normal conditions of service are considered as grounds for exemption from all or part of the obligations of the parties. Consequently, Bluetens cannot be held responsible for any resulting interruptions of services.

16. FINAL PROVISIONS

If a stipulation of the T&Cs were to be declared illegal or inapplicable, the applicability of the rest of the general terms would not be affected, the other clauses remaining in force. 

Any waiver or delay by Bluetens in claiming the execution by the User of the stipulations of these T&Cs does not constitute a waiver of the rights which it holds and does not authorize the User to be exempt from compliance with these T&Cs.

These T&Cs constitute the entire agreement concluded between the parties and replace all previous and current agreements concluded between Bluetens and the User. Any waiver of any provision of the T&Cs will only be effective after written signature by a Bluetens representative.

All documents and correspondence exchanged electronically between the parties bind the parties, including the digital signature of these T&Cs.

These T&Cs are governed by French law, subject to the mandatory provisions of the User's country of residence. Any dispute will be submitted to the competent French courts.

Version updated at: February 3, 2021