Terms of Use

Article 1. Preamble

TEAM’DOC is a simplified joint-stock company (SAS) with a share capital of €1,000, registered with the Paris Registry of Companies under the number 823 684 063, headquartered at 3 rue de l’Essai, 75005 Paris, represented by Sacha ROZENCWAJG, as its President.

Phone number: +33 6 62 80 31 77
Email address: sacha@teamdoc.fr

TEAM’DOC developed an I.T. platform (hereafter referred to as the “SOFTWARE”) for healthcare professionals, enabling the secure transmission of data between users and facilitating the standardisation of hospital admissions.

The SOFTWARE offered by the company TEAM’DOC is a standard product developed to meet the needs of the greatest number of USERS. For this purpose, TEAM’DOC has entered into a contract with the health facility (hereafter referred to as the “CLIENT”) in which the USER practices their profession or with which the USER has formed a partnership. It is nonetheless incumbent upon the USER to ensure the SOFTWARE is suitable for their purposes.

Article 2. Definitions

The implementation of this agreement requires that the following terms be understood in the meaning set out below:

“CLIENT” refers to the health facility in which the USER practices or with which the USER has a partnership, and with which TEAM’DOC has a contract to supply products and services.

“CONTRACT” or “ToU” refers to this agreement, under which TEAM’DOC gives the USER the right to use the SOFTWARE and makes the EQUIPMENT available.

“SOFTWARE” refers to the software Team’Doc provided by TEAM’DOC to the USER.

“EQUIPMENT” refers to the hardware provided by TEAM’DOC to the USER.

“PARTY” or “PARTIES” refers, individually or collectively, to TEAM’DOC and the USER.

“TEAM’DOC” refers to the USER’s contractual partner: the company Team’Doc.

“USER” refers to the natural person, of legal age and capacity, practicing a regulated healthcare profession as defined by the French Public Health Code (doctors, dental surgeons, midwives, chemists) or a regulated profession of a paramedical or social nature (healthcare assistant, paramedic, childcare assistant, healthcare manager, chiropractor, dietician, occupational therapist, nurse, nurse anesthetist, surgical nurse, radiological technician, physiotherapist, optician, speech therapist, osteopath, chiropodist, podiatrist, pedorthist, pharmacy technician, dental technician, psychologist, rehabilitation therapist, childcare worker, biomedical lab technician, social worker). Students and retirees of the above mentioned professions are also included in this definition.

Article 3. Acceptance of terms

3.1. The USER is deemed to have familiarised themselves with these ToU and to have accepted them unconditionally.

3.2. By creating a USER profile on the SOFTWARE, the USER fully accepts these ToU, and declares having familiarised themselves with the ToU in their entirety and expressly gives their informed consent to comply with same.

3.3. Electronic acceptance of these ToU holds the same evidential value between the PARTIES as a written agreement.

Article 4. Aim

4.1. These ToU aim to set out the terms and conditions under which the USER may use the SOFTWARE and EQUIPMENT provided by TEAM’DOC.

4.2. By using the SOFTWARE, the USER expressly accepts and acknowledges having understood, pledged to adhere to and be legally bound by the ToU.

Article 5. Registration and USER profile creation

5.1. USER registration on the SOFTWARE is subject to CLIENT approval of an authentication form, in which all of the information necessary to identify the USER will be requested.

5.2. Validation of this authentication form leads to the creation of a USER profile (henceforth referred to as “the PROFILE”), that will allow the USER to log in and use the SOFTWARE and the EQUIPMENT.

5.3. Finalising the registration process will prompt the USER to set a password when they first log in, which will grant them future use of the SOFTWARE.

Article 6. Granting rights of use of the SOFTWARE

6.1. The SOFTWARE is the property of TEAM’DOC. All rights, and in particular intellectual property rights, concerning the SOFTWARE, associated documentation or copies belong to TEAM’DOC or, where appropriate, to the SOFTWARE AUTHOR (henceforth the “AUTHOR”). Consequently, in accordance with these ToU, the USER only acquires the non-exclusive, non-assignable, non-transferable right to use the SOFTWARE from TEAM’DOC.

6.2. The USER acknowledges and accepts that the extent of the rights of use granted for the SOFTWARE under the CONTRACT constitutes the non-exclusive, non-transferable and indivisible rights of use. For this reason, the USER is prohibited from making the SOFTWARE, associated documentation or EQUIPMENT available, directly or indirectly, to a third party under any circumstances, whether in return for payment or free of charge.

6.3. Confidentiality – prohibition to copy:

    6.3.1. The USER is prohibited from copying the SOFTWARE or associated documentation in any form, subject to any legal exceptions as set out under the French Intellectual Property Code.

    6.3.2. The USER undertakes to keep the content of the SOFTWARE and associated documentation confidential and is prohibited from transferring, publishing, showing, divulging or making available in any way the SOFTWARE or its associated documentation to a third party.

    6.3.3. The USER is prohibited from translating, modifying, changing the order, undoing, disassembling or creating derivative works from the SOFTWARE, or part of the SOFTWARE, and prohibited from allowing a third party to do so except (in the case of software used to develop a software application) in the context of use of the SOFTWARE in accordance with its documentation.

6.4. Technical protection measures of the SOFTWARE: TEAM’DOC reserves the right to integrate a security device into the SOFTWARE to monitor its use and verify that the USER is adhering to the terms set out in the ToU. Such a device records data concerning the use of the SOFTWARE and the number of copies made. TEAM’DOC reserves the right to use a locking system and/or a license authorisation key to monitor access to the SOFTWARE. The USER is not authorised to attempt to avoid or thwart such measures. It is prohibited to use the SOFTWARE without the locking system or the license authorisation key. The USER authorises TEAM’DOC to monitor at any time and without prior notice, the recording of the security mechanism put in place to monitor the rates of use of the SOFTWARE. In order to determine proper use, the USER authorises TEAM’DOC to collect any relevant information by way of use of tracking tools or security mechanisms integrated into the SOFTWARE.

Article 7. Delivery, installation and guarantee

7.1. The SOFTWARE conformity guarantee is explicitly limited to its conformity with the documentation and does not extend to the specific needs of the USER, regarding local standards, usage or regulations. TEAM’DOC does not guarantee that the SOFTWARE is free from defects but undertakes to rectify, with reasonable prudence, any SOFTWARE abnormalities in relation to its documentation.

7.2. TEAM’DOC does not guarantee the capacity of the SOFTWARE to meet aims established by the USER or the execution of specific tasks that may have motivated the USER’s to decide to use the SOFTWARE.

Article 8. Contract duration

These ToU are intended for an unspecified duration and may be terminated at any time in accordance with the conditions set out under article 9 of this document.

Article 9. Termination

9.1. Termination by the USER

    9.1.1. The USER is entitled to terminate the CONTRACT at any time by simply unsubscribing or deactivating their PROFILE or requesting that CLIENT do so on their behalf. Terminating the CONTRACT will result in the USER losing access to the SOFTWARE.

    9.1.2. As set out in article 11 of this document, if the USER terminates the contract, they must return the EQUIPMENT. By failing to do so, they may incur costs.

9.2. Suspension/Termination by TEAM’DOC

    9.2.1. TEAM’DOC reserves the right to suspend access to the SOFTWARE without compensation, if needs be, without prior notice depending on the seriousness of the breach of contract, if the USER fails to adhere to the rules set out in this document, and notably in the event of any of the following:

    • Any form of piracy or attempt to make illicit use of information from the SOFTWARE having as its origin the USER’s account;
    • Any form of piracy or attempted piracy of the SOFTWARE resulting from connection to the USER’S PROFILE;
    • Any use of the SOFTWARE that harms third parties, or is contrary to public decency or public order.

    9.2.2. Once access to the SOFTWARE is suspected and formal notice has been sent to the USER without response within fifteen (15) days, TEAM’DOC has the right to definitively withdraw the USER’s access to the SOFTWARE without compensation unless the reason for the suspension is rectified within the 15 days or if TEAM’DOC grants the USER an extension to fulfil their obligations.

    9.2.3. Moreover, TEAM’DOC reserves the right to terminate the contract with the CLIENT, in accordance with the terms and subject to said contract. Such a termination will result in the automatic and concurrent termination of this CONTRACT with the USER.

9.3. Suspension/Termination by the CLIENT

In the event that the CLIENT should terminate their contract with TEAM’DOC, this CONTRACT will be terminated and USER access to the SOFTWARE will be withdrawn on the same day that the contract between the CLIENT and TEAM’DOC is terminated.

Article 10. USER obligations

10.1. For the fulfilment of the Contrat, the USER:

  • Certifies their use of I.T. equipment that is in good working order and that meets TEAM’DOC’s minimum computer system requirements, in the event that the USER is not using the EQUIPMENT to access the SOFTWARE.
  • Undertakes to install the most recent update made available by TEAM’DOC on reception of same and to use only the latest version of the SOFTWARE.
  • Undertakes to inform TEAM’DOC, without undue delay, of any change of professional or personal contact details. The USER is solely responsible for any consequences due to a delay in providing this information.

10.2. The USER is prohibited from disclosing any content contrary to public order or public decency, third party interests, the guidelines of their profession or applicable laws and regulations.

10.3. Furthermore, the USER must observe the rules of courtesy and decorum with respect to other USERS, in any exchanges and interactions that they may have with them. The USER must strictly respect normal standards of politeness.

10.4. The USER must not engage in any conduct that might facilitate any breach or hacking of the SOFTWARE system, or an attack on the proper running of the SOFTWARE by way of a virus, Trojan horse or any other computerised device that might impair its proper functioning.

10.5. The USER must not engage in the attempt of any form of piracy or any misuse or unintended use of the features available to them through the SOFTWARE for any purpose other than that for which it is intended or any use deviating from normal use of the SOFTWARE.

10.6. The USER must keep their login details (identification and password) confidential and not disclose them to anyone who might log in to the SOFTWARE on their behalf, be in with or without their permission. The USER bears sole responsibility for any unauthorised third party logging in using their login details, which are strictly confidential.

10.7. The USER must immediately report any loss or breach of their login information to TEAM’DOC.

Article 11. Equipment and HARDWARE

11.1. Description

    11.1.1. In order to use the SOFTWARE, the USER should use the HARDWARE, or, failing this, have specific equipment that is compatible with the SOFTWARE.

    11.1.2. In the event that the HARDWARE is made available to the USER by TEAM’DOC and delivered by TEAM’DOC, the USER must check the contents of said HARDWARE upon delivery. Should the delivered HARDWARE not match the USER’s initial request, the latter is invited to contact TEAM’DOC within seven (7) working days of delivery of the HARDWARE.

11.2. HARDWARE

    11.2.1. The HARDWARE is placed at the USER’s disposable and thereby remains the property of TEAM’DOC. As such, the USER must not assign, sub-license, modify, pledge, give as collateral, transfer or lend it in any way. The USER is prohibited from using the HARDWARE for any reasons other than use of the SOFTWARE.

    11.2.2. The USER must oppose any third party attempt to seize or claim any rights over the HARDWARE, and report any such attempt immediately to TEAM’DOC in order to allow the latter to protect its rights.

    11.2.3. The USER must maintain the owner name TEAM’DOC on the HARDWARE on which it is affixed.

    11.2.4. In the event of any malfunctioning of the HARDWARE (with the exception of components and accessories such as cords, flexes, plugs etc. which must be replaced regularly) beyond the USER’s control, TEAM’DOC will provide an exchange of the HARDWARE. Repair excludes repair of damage caused by lightning and power line surges, as well as repair of damage caused by misuse, faulty installation or unauthorised repairs carried out by the USER, accidental damage or any case of force majeure.

11.3. Return of HARDWARE

In the event that the SOFTWARE no longer necessitates the use of the HARDWARE, or in the case of termination of the CONTRACT, the USER must return all HARDWARE (including accessories) to the CLIENT, in this case, to TEAM’DOC in accordance with their agreement.

Article 12. Liability

12.1. TEAM’DOC will in no circumstances be held liable by the USER or a third party for any damage, direct or indirect, loss of revenue or potential revenue that may result from use of the SOFTWARE.

12.2. In particular, TEAM’DOC cannot be held responsible in, though not limited to, the following cases:

  • Any interruption of the service during technical maintenance of the SOFTWARE;
  • Interruption to networks, deadlines or delays in the transmission of electronic messages or any other data;
  • Hardware or software malfunctions;
  • Malicious acts, data theft, computer viruses, insufficient safeguarding and backup;
  • Operating errors, misuse of HARDWARE or SOFTWARE;
  • Loss of data, interruption to business or any other resulting pecuniary loss;
  • Misuse or malicious use of data collected using the SOFTWARE;
  • Any case of force majeure, unforeseeable events or any other causes beyond the control of the company TEAM’DOC.

12.3. Furthermore, the SOFTWARE provides the USER with various checklists relating to medical diagnosis and prescriptions, with the aim of standardising patient care. While TEAM’DOC takes great care to ensure that its SOFTWARE content is accurate, the information provided may be incomplete or contain errors. TEAM’DOC neither explicitly nor tacitly gives any guarantee as to the accuracy or reliability of the SOFTWARE information or data. The USER uses the SOFTWARE at their own personal risk. TEAM’DOC is not responsible for any acts the USER commits or refrains from committing arising from their use of the SOFTWARE. The USER must systematically check the relevance of the information provided by the SOFTWARE and is solely responsible for their decisions.

12.4. TEAM’DOC is in no way responsible for any incorrect use of the SOFTWARE and/or the HARDWARE, poor maintenance, erroneous use of the SOFTWARE, or the use of a non-standard system.

12.5. TEAM’DOC’s obligations under the terms of this CONTRACT are obligations pertaining to means and in no way obligations of results.

Article 13. USER data – Personal data

13.1. The USER must take all necessary measures to protect their computer system with particular regard to protection against computer viruses, worms and any other hostile intrusion.

13.2. Any operations aiming to recover or restore lost or damaged data, programs or files are not covered by this CONTRACT.

Article 14. Intellectual property

14.1. TEAM’DOC reserves, as the rights holder, all intellectual property rights over the SOFTWARE, with all attendant prerogatives.

14.2. The USER does not acquire any intellectual property rights, or any rights other than those conferred on them by this CONTRACT.

14.3. By accepting these ToU of the SOFTWARE, the USER agrees not to jeopardise the legitimate interests of TEAM’DOC. The USER must not engage in any use not explicitly provided for by the French Intellectual Property Code for their own benefit or not explicitly authorised by this CONTRACT, in particular the USER must not:

  • Use the SOFTWARE or make backup copies beyond the scope of the conditions set out in this CONTRACT;
  • Carry out any corrections themselves or have corrections made by third parties of any potential SOFTWARE errors or anomalies without prior written permission from TEAM’DOC;
  • Lend the SOFTWARE or make it available by any means, including via the Internet;
  • Send or disseminate the SOFTWARE or put it on any network, in particular on the Internet, in any other form;
  • Decompile the SOFTWARE, including for the purpose of interoperability or notably for the purpose of creating their own derivative or competing SOFTWARE;
  • Translate, adapt, rearrange or modify the SOFTWARE.

14.4. This CONTRACT does not confer upon the USER the right to access the SOFTWARE source codes.

14.5. Any action by a USER that violates the preceding provisions constitutes an infringement and warrants prosecution.

Article 15. Confidentiality

15.1. The USER must treat all information, in particular commercial, financial, technical strategic, personal data, nominal or other data regarding TEAM’DOC and obtained under the CONTRACT, as confidential for the duration of the agreement and thereafter.

15.2. Each PARTY undertakes to seek the same confidentiality undertakings from their staff and agents who have or may come to have knowledge of confidential information in the course of their duties.

Article 16. Miscellaneous provisions

16.1. The company TEAM’DOC reserves the possibility to modify at any time the present ToU, an up-to-date copy of which will be immediately brought to the attention to the USER before coming into force.

16.2. The USER will be invited to familiarise themselves with the content of the modified ToU and to explicitly accept them before continuing normal use of the service offered by TEAM’DOC. Any refusal to accept the content of the modified ToU subject to the approval of the USER will lead to suspension of their PROFILE pending acceptance of the modified ToU.

Article 17. Applicable law and attribution of jurisdiction

THIS CONTRACT IS SUBJECT TO FRENCH LAW BOTH FOR RULES OF SUBSTANCE AND OF FORM. IN CASE OF ANY DISPUTE, JURISDICTIONAL AUTHORITY IS ASSIGNED TO THE PARIS COURTS NOTWITHSTANDING CONCURRENT DEFENDANTS OR THIRD PARTY COMPLAINT.