Terms of use

Preamble

These General Terms of Use (hereinafter the “Terms”) set out the terms and conditions under which the company HERVE (hereinafter the “Publisher”) makes available to its users (hereinafter the “User” or the “Users”) the HerVé application available at app.herve-med.com (hereinafter the “Application”) and the website herve-med.com (hereinafter the “Website”).

HerVé is SaaS (Software as a Service) software intended for orthoptists in private practice, offering in particular features for practice management, patient record keeping, scheduling, AI-assisted report writing, telemedicine and interoperability with third-party services.

Access to and use of the Application are subject to unreserved acceptance of these Terms. By creating an account on the Application, the User acknowledges having read these Terms and accepts them in full. If the User does not accept these Terms, they must not use the Application.

These Terms are supplemented by:

• the Legal notice;
• the Privacy policy;
• where applicable, the specific terms applicable to certain features or specific offers.

Article 1 - Definitions

For the purposes of these Terms, the following terms have the meanings set out below:

• “Application”: means the HerVé software available as SaaS at app.herve-med.com, together with all associated features, updates and enhancements.
• “Account”: means the User’s personal space, created upon registration on the Application, giving access to the Services.
• “User Content”: means any data, information, document, text, image or other content entered, uploaded or transmitted by the User in the Application.
• “Health Data”: means personal data relating to the physical or mental health of a natural person, within the meaning of Article 4(15) of the GDPR.
• “Publisher”: means the company HERVE, publisher of the Application.
• “Patient”: means any natural person whose data is processed in the Application by the User in the course of their professional activity.
• “Services”: means all features and services made available to the User through the Application.
• “Website”: means the website available at herve-med.com.
• “User”: means any healthcare professional (orthoptist) who has created an Account on the Application.

Article 2 - Purpose

The purpose of these Terms is to define the conditions of access to and use of the Application and the Services by the User.

The Application is a tool supporting practice management and the professional practice of orthoptists. It in no way replaces the clinical judgment of the Healthcare Professional and is not a medical device within the meaning of Regulation (EU) 2017/745.

Article 3 - Registration and User account

3.1 - Registration requirements

Registration on the Application is reserved for orthoptists who are natural persons of legal age and with full legal capacity, practicing independently (as liberal practitioners) in France.

To register, the User must:

• complete the registration form, providing accurate, complete and up-to-date information;
• provide a valid ADELI or RPPS number;
• accept these Terms and the Privacy policy;
• choose a password that meets the Application’s security requirements.

3.2 - Account management

The User is solely responsible for the confidentiality of their login credentials (email address and password). Any use of the Application made with their credentials is presumed to have been made by the User.

In the event of loss, theft or unauthorized use of their credentials, the User must immediately inform the Publisher at support@herve-med.com.

The User undertakes to keep their Account information up to date.

3.3 - Trial period

The User benefits from a free trial period of fifteen (15) days from the creation of their Account (hereinafter the “Trial Period”). During this period, the User has access to all features of the Application.

At the end of the Trial Period, the User must subscribe to a paid plan to continue using the Application. Otherwise, their access to the features will be restricted or suspended.

Article 4 - Description of the Services

The Application offers the User the following Services (non-exhaustive list, subject to change):

• Scheduling: Planning and management of appointments, synchronization with online appointment booking services (e.g. Doctolib).
• Patient records: Creation, consultation and management of patient records, including administrative and medical information.
• Reports and assessments: Writing of orthoptic examination reports, visual assessments and medical correspondence.
• AI-assisted writing: A feature assisting the writing of reports using artificial intelligence (hereinafter “Health AI”). This feature is a support tool and does not replace the validation and responsibility of the Healthcare Professional.
• Telemedicine: Teleconsultation and tele-expertise features compliant with the applicable regulatory framework.
• Interoperability: Connection with third-party services (Doctolib, secure health messaging, etc.).
• Billing and teletransmission: Management of billing for medical procedures and teletransmission to the French National Health Insurance (Assurance Maladie) (where applicable).

The Publisher reserves the right to modify, add or remove features of the Application at any time, subject to informing Users within a reasonable period in the case of substantial changes.

Article 5 - Financial terms

5.1 - Prices

Current prices are displayed on the Website at www.herve-med.com/fr#tarifs. All prices are stated in euros and exclusive of tax, unless otherwise stated.

The Publisher reserves the right to change its prices at any time. Any price change will be notified to the User by email at least thirty (30) days before it takes effect. A User who does not accept the new prices may cancel their subscription under the conditions set out in Article 11.

5.2 - Payment terms

The subscription is paid by automatic debit via credit card. Payment is due on the due date of each billing period (monthly or annual, depending on the plan chosen).

Payments are processed by Stripe, Inc., a PCI-DSS certified secure payment provider. HERVE does not store the User’s banking data.

5.3 - Late payment

In the event of late payment, the Publisher reserves the right to suspend access to the Application after a formal notice has remained unanswered for fifteen (15) days. Late payment penalties at the applicable legal interest rate may be applied, together with a fixed indemnity of forty (40) euros for recovery costs, in accordance with Articles L. 441-10 and D. 441-5 of the French Commercial Code.

Article 6 - User obligations

The User undertakes to:

• use the Application in accordance with its intended purpose and these Terms;
• provide accurate, complete and up-to-date information upon registration and throughout their use of the Application;
• keep their login credentials confidential and not disclose them to any third party;
• not attempt to access the Application by unauthorized means, and not carry out any hacking, reverse engineering, decompilation or disassembly;
• not use the Application for unlawful or fraudulent purposes, or in a way that infringes the rights of third parties;
• comply with all regulations applicable to their professional activity, in particular regarding the protection of their patients’ health data;
• inform their patients of the processing of their data through the Application, in accordance with Articles 13 and 14 of the GDPR;
• not use content generated by the Health AI feature without first checking and validating it, the User remaining solely responsible for the reports and documents prepared for their patients;
• immediately report to the Publisher any security breach, anomaly or unauthorized use of which they become aware.

Article 7 - Publisher obligations

The Publisher undertakes to:

• make available to the User a functional Application that complies with the description of the Services;
• provide corrective and evolutive maintenance of the Application;
• host health data with an HDS-certified host (Health Data Host), in accordance with Articles L. 1111-8 and R. 1111-8-8 et seq. of the French Public Health Code;
• implement appropriate technical and organizational measures to ensure the security and confidentiality of data, in accordance with Article 32 of the GDPR;
• inform the User of any data breach affecting their personal data or that of their patients, as soon as possible and in accordance with Articles 33 and 34 of the GDPR;
• provide technical support within reasonable timeframes.

Article 8 - Availability and service levels (SLA)

8.1 - Availability commitment

The Publisher endeavors to ensure that the Application is available 24 hours a day, 7 days a week, with a target availability rate of 99.5% on a monthly basis, excluding scheduled maintenance periods and cases of force majeure.

8.2 - Maintenance

The Publisher reserves the right to temporarily interrupt access to the Application for maintenance operations. These interruptions will, as far as possible, be:

• scheduled outside business hours (on weekdays between 9 p.m. and 7 a.m., Paris time);
• notified to the User at least 48 hours in advance for scheduled maintenance;
• limited in duration.

In the event of emergency maintenance required by a security risk or a critical failure, the Publisher may intervene without notice and will inform the User as soon as possible.

8.3 - Exclusions

The availability target does not cover unavailability resulting from:

• a case of force majeure within the meaning of Article 1218 of the French Civil Code;
• a failure of the telecommunications networks or of the User’s internet service provider;
• non-compliant use of the Application by the User;
• a distributed denial-of-service (DDoS) cyberattack;
• duly notified scheduled maintenance.

Article 9 - Intellectual property

9.1 - Publisher’s rights

All elements making up the Application and the Website (software, architecture, interfaces, features, databases, text, graphics, logos, trademarks, sounds, images, source code, etc.) are and remain the exclusive property of HERVE or its licensors, and are protected by copyright, trademark law, patent law and, more generally, by French and international intellectual property laws.

Acceptance of these Terms does not grant the User any intellectual property rights in the Application. The User is granted only a personal, non-exclusive, non-assignable and non-transferable right to access and use the Application, for the duration of their subscription and within the limits of these Terms.

Any reproduction, representation, modification, adaptation, translation, decompilation, disassembly, reverse engineering, extraction or reuse of all or part of the Application, its source code or its databases, for any purpose whatsoever, is strictly prohibited without the prior written authorization of HERVE.

9.2 - User’s rights in their data

The User retains all intellectual property rights in the User Content they enter in the Application. The User grants the Publisher a non-exclusive, worldwide license, for the term of the contract, to use, reproduce, store and process such Content strictly to the extent necessary to provide the Services.

Patients’ health data remains the property and under the responsibility of the Healthcare Professional. The Publisher acquires no ownership rights in such data.

Article 10 - Personal data and health data

10.1 - Privacy policy

The processing of personal data in connection with the use of the Application is governed by the Privacy policy, which the User acknowledges having read and accepts.

10.2 - Respective roles

With regard to patients’ health data:

• the Healthcare Professional (User) is the data controller within the meaning of the GDPR;
• HERVE acts as a processor within the meaning of Article 28 of the GDPR.

A Data Processing Agreement compliant with Article 28 of the GDPR is entered into between the parties. This agreement is available on request from support@herve-med.com.

10.3 - HDS-certified hosting

Health data is hosted by a provider certified as a Health Data Host (HDS) within the meaning of Article L. 1111-8 of the French Public Health Code, and ISO 27001 certified, ensuring the highest level of security and confidentiality.

Health data is hosted exclusively in France / within the European Union.

10.4 - Obligations of the Healthcare Professional

The Healthcare Professional undertakes to comply with all obligations incumbent upon them as data controller, and in particular to:

• inform their patients of the processing of their data through the Application, in accordance with Articles 13 and 14 of the GDPR;
• obtain, where applicable, the necessary consent from their patients;
• respond to their patients’ requests to exercise their rights (access, rectification, erasure, etc.);
• comply with the statutory retention periods applicable to medical data.

Article 11 - Term, termination and reversibility

11.1 - Term

These Terms come into force on the date the User creates their Account and remain in force for the entire duration of the subscription. The subscription is taken out for the period chosen by the User (monthly or annual) and is automatically renewed, unless terminated by either party under the conditions set out below.

11.2 - Termination by the User

The User may cancel their subscription at any time from their Account settings or by contacting support at support@herve-med.com. Cancellation takes effect at the end of the current billing period. The User retains access to the Application until the end of that period.

No pro rata refund will be made for the current billing period, unless otherwise provided by law.

11.3 - Termination by the Publisher

The Publisher may terminate the User’s Account:

• in the event of a serious breach by the User of their obligations under these Terms, after a formal notice has remained unanswered for fifteen (15) days;
• in the event of non-payment of the subscription after a formal notice has remained unanswered for thirty (30) days;
• in the event of fraudulent or abusive use of the Application;
• in the event the Application ceases operations, subject to six (6) months’ notice.

11.4 - Data reversibility

In the event of termination, for whatever reason, the User has a period of sixty (60) days from the effective date of termination to export all of their data (including their patients’ health data) using the Application’s export features.

The Publisher undertakes to maintain access to the data and export features during this reversibility period. At the end of this period, the data will be permanently and securely deleted, unless there is a legal obligation to retain it.

The User may also request the return of their data in a structured, commonly used and machine-readable format by sending a request to support@herve-med.com.

Article 12 - Liability

12.1 - Publisher’s liability

The Publisher is bound by an obligation of means (best-efforts obligation) in providing the Application. It undertakes to exercise all necessary care and diligence to provide a quality service in line with professional practice and the state of the art.

The Publisher cannot be held liable:

• in the event of non-compliant use of the Application by the User;
• in the event of force majeure within the meaning of Article 1218 of the French Civil Code;
• in the event of temporary interruption of the service for maintenance or updates;
• in the event of failure of the telecommunications networks or of the User’s internet service provider;
• for content generated by the Health AI feature, which is provided as an aid and must be checked and validated by the Healthcare Professional;
• for the consequences of clinical decisions made by the Healthcare Professional on the basis of information contained in the Application.

In any event, the Publisher’s total liability under these Terms, whatever the cause, is limited to the total amount actually paid by the User to the Publisher during the twelve (12) months preceding the event giving rise to liability.

This limitation of liability does not apply in the event of fraud (dol), gross negligence on the part of the Publisher, or personal injury.

12.2 - User’s liability

The User is solely responsible for their use of the Application and the Services, and in particular for:

• the accuracy and completeness of the information they enter in the Application;
• checking and validating content generated by the Health AI feature;
• compliance with professional secrecy and with regulations on the protection of their patients’ health data;
• the security of their login credentials;
• informing their patients in accordance with GDPR requirements.

Article 13 - Warranties and exclusions

The Application is provided “as is”. The Publisher does not warrant that the Application will be free of any error, bug or interruption, or that it will meet all of the User’s specific needs.

The Publisher nevertheless warrants:

• that the Application complies with its functional documentation;
• that it holds the rights necessary to grant access to the Application;
• that security measures in line with the state of the art are implemented to protect data.

In the event of an identified non-conformity, the Publisher undertakes to correct the anomalies within reasonable timeframes depending on their severity.

Article 14 - Specific provisions for the Health AI feature

14.1 - Nature of the feature

The Health AI feature provides the User with artificial intelligence assistance for writing reports and assessments. Content generated by the AI consists of suggestions and writing aids and in no way constitutes medical advice.

14.2 - Responsibility of the Healthcare Professional

The User remains solely and fully responsible for checking, validating and signing any document generated with the assistance of the AI. It is their responsibility to ensure the medical accuracy and clinical relevance of any content before adding it to a patient record or sharing it.

14.3 - Data processing by the AI

Data transmitted to the artificial intelligence engine (Claude, provided by Anthropic, PBC) is processed strictly for the purpose of generating the report. The AI provider does not use the data to train its models and does not retain the data beyond the processing of the request. The processing arrangements are detailed in the Privacy policy.

Article 15 - Specific provisions for telemedicine

The Application offers telemedicine features (teleconsultation, tele-expertise) compliant with Articles L. 6316-1 et seq. of the French Public Health Code and Decree No. 2018-788 of September 13, 2018.

The User undertakes to:

• verify that the conditions for a teleconsultation are met before carrying it out;
• obtain the patient’s consent to the teleconsultation;
• ensure the quality and security of the connection;
• comply with all regulations applicable to telemedicine.

The Publisher provides the technical tool enabling teleconsultation but cannot be held liable for medical acts performed by the User through this feature.

Article 16 - Force majeure

Neither party shall be held liable for any failure or delay in performing any of its obligations if such failure or delay results from a case of force majeure within the meaning of Article 1218 of the French Civil Code, including: natural disaster, epidemic, fire, flood, war, act of terrorism, general strike, power grid or telecommunications failure, cyberattack of exceptional scale, governmental or administrative decision.

The party invoking force majeure must inform the other party as soon as possible. If the force majeure event lasts for more than three (3) months, either party may terminate these Terms without compensation, subject to fifteen (15) days’ notice.

Article 17 - Confidentiality

Each party undertakes to treat as confidential all information and data of the other party of which it may become aware in the course of performing these Terms, and not to disclose them to third parties without the prior written consent of the other party, except where required by law or regulation.

This confidentiality obligation survives termination of these Terms for a period of five (5) years.

Article 18 - Changes to the Terms

The Publisher reserves the right to modify these Terms at any time. Any substantial change will be notified to the User by email and/or by notification in the Application at least thirty (30) days before it takes effect.

A User who does not accept the new Terms may cancel their subscription under the conditions set out in Article 11 before the changes take effect.

Continued use of the Application after the new Terms take effect constitutes acceptance of them.

Article 19 - Miscellaneous

19.1 - Entire agreement

These Terms, the Privacy policy and the Legal notice constitute the entire agreement between the Publisher and the User relating to the use of the Application and supersede any prior agreement having the same purpose.

19.2 - Severability

If any provision of these Terms is declared null and void or unenforceable by a final court decision, the other provisions shall remain in force and continue to have effect. The provision declared null and void shall be replaced by a valid provision having an economic and legal effect as close as possible to that of the invalidated provision.

19.3 - Waiver

The failure of either party to invoke a breach by the other party of any of its obligations under these Terms shall not be interpreted as a waiver of the right to enforce that obligation in the future.

19.4 - Assignment

The User may not assign their rights and obligations under these Terms without the prior written consent of the Publisher. The Publisher may freely assign these Terms, in whole or in part, to any company in its group or to any third-party acquirer, subject to informing the User.

19.5 - Address for service

For the performance of these Terms, the parties elect domicile at their respective registered offices.

Article 20 - Governing law and jurisdiction

These Terms are governed by French law.

In the event of a dispute relating to the validity, interpretation or performance of these Terms, the parties shall endeavor to reach an amicable solution within thirty (30) days of notification of the dispute by one party to the other.

Failing an amicable settlement, any dispute shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the registered office of HERVE, namely the Lille court (Tribunal de Lille), notwithstanding multiple defendants or third-party claims, including for emergency proceedings and protective measures, whether in summary proceedings (référé) or upon ex parte application.

Article 21 - Contact

For any question regarding these Terms, the User may contact the Publisher:

• By email: support@herve-med.com
• By post: HERVE - Hub Eurasanté, 350 avenue Eugène Avinée, 59120 Loos, France
• Via in-app support: chat available from the Application