These Terms of Service (ToS) constitute a legal agreement between the User and the company KINVENT BIOMECANIQUE for the use of the KINVENT devices and of the K-FORCE application which is available for download on the Play Store (Android) or the App Store (Apple).
The K-FORCE application is published and operated by the company KINVENT BIOMECANIQUE, a simplified share company, registered in the Commercial Register and the companies in Montpellier No siren 829348747 having its registered office at Cap Omega, Benjamin Franklin 34 000 Montpellier, France.
The use of all or part of the devices and/or the application imply the full acceptance of these Terms and Conditions by the User.
In this document, the following terms have the following meanings:
Application : Mobile application K-FORCE downloadable from Play Store (Android) or from the App Store (Apple).
Services: Application and its features.
User : Physical person using the application, usually a physical therapist or other professionals in physical rehabilitation or sports
The Application is a physiotherapy and sports performance tool for functional assessment, progress measurement, training and rehab-gaming. It can be used in combination with the KINVENT devices.
3. USE OF SERVICES
The use of the application may require the creation of a user account on the app K-FORCE. This user account allows to:
- access the application
- access the application database
- manage paying application features
- recover the password if lost or forgotten
Users may request at any time the deletion of their account by sending a request to firstname.lastname@example.org.
KINVENT BIOMECANIQUE reserves the right to terminate or suspend any account, or make use of operational resources, technological, legal or otherwise, (including blocking specific IP addresses), at any time, in case of non-compliance with the Terms, without liability, and without having to inform the implicated users.
4. DATA PROCESSING
KINVENT BIOMECANIQUE is not responsible for the content provided by the Users, including patient personal data and data entered in the free text fields on the individual sheets.
The Patient personal data and Patient information are collected and processed under the sole responsibility of the User. The User is responsible for getting the consent of the Patient for the data processing. The User is responsible to inform the Patient of his/her rights concerning the data.
When the data is stored only on the mobile device of the user, the User is responsible to ensure the data security.
5. PERSONAL DATA
Information to the User in case of security breach
KINVENT BIOMECANIQUE commits to implement all appropriate technical and organizational measures to ensure an appropriate level of security regarding accidental access risks, unauthorized or illegal disclosure, alteration, loss or destruction of personal data.
In the event KINVENT BIOMECANIQUE detects illegal access to personal data stored on its servers or those of its suppliers, or unauthorized access which results in the realization of the risks identified above, KINVENT BIOMECANIQUE commits to:
• Notify the User of the incident as soon as possible;
• Investigate the causes of the incident and inform the User;
• Take the necessary measures within reasonable limits to lessen the negative effects and damages arising from the said incident
• Inform the CNIL
Limitation of Liability
The commitments defined in the paragraph above concerning the notification in case of security breach can in no case be understood as an acknowledgment of fault or liability for the occurrence of the incident.
Access to Services
KINVENT BIOMECANIQUE does its best efforts to enable the proper functioning of the Services. For maintenance and improvement purposes, the services are likely to be suspended for short periods. However, KINVENT BIOMECANIQUE is only bound by an obligation of means and cannot be held liable for direct or indirect damages resulting from the interruption, suspension, modification or malfunction of the Services.
Behaviour of Users
Use of the Services is at the risk of Users, who are solely responsible for their actions. KINVENT BIOMECANIQUE is not responsible for the behaviour of Users.
Users should use KINVENT BIOMECANIQUE devices and Application only for the usage it is intended. In doing so, Users should follow KINVENT BIOMECANIQUE instructions.
KINVENT BIOMECANIQUE cannot be held responsible for the use made of the information on the application and for the legal and/or financial consequences that may result from such use of information.
KINVENT BIOMECANIQUE cannot be held responsible for any loss of data provided via the Services by Users.
The content of the Services may contain links to websites or third-party sources. KINVENT BIOMECANIQUE is not responsible for:
- the availability or accuracy of such sites or sources
- the content, products or services of or available from such sites or resources
The hypertext links to sites or to external sources does not constitute an endorsement by KINVENT BIOMECANIQUE of the content of these sites or sources. The Users shall assume full responsibility for using such sites or resources.
7. INTELLECTUAL PROPERTY
The content of the application, with the exception of data entered by Users, belongs to KINVENT BIOMECANIQUE and is protected by French law on copyright and intellectual property.
With the exception of the content provided by the Users, KINVENT BIOMECANIQUE is the owner or licensee of all content protected by Intellectual Property Rights of the present application.
Reproduction of all or part of this content (other than technically necessary for its consultation) on a support of any kind is expressly forbidden.
Reproduction of all or part of the Application is also expressly prohibited.
The Application is protected with cryptography. The illicit deletion or neutralisation of the technical protection of the Application is liable to sanctions under the Code of intellectual property.
The use of the contents of the application in opposition with these requirements is considered as infringement under Article L335-2 of the Code of intellectual property. In addition to damages under civil liability, it can be punishable with 300,000 euro fine and/or 3 years imprisonment. For other uses, please contact KINVENT BIOMECANIQUE.
The User acknowledges having the skills and technical means to use the application.
KINVENT BIOMECANIQUE reserves the right to modify, change or make changes to the Terms of Service at any time. In this case, users will be notified, and the date of entry into force of updates will be shown at the bottom of these Terms.
If following a modification, the User continues to use the Services, the User will be subject to the provisions of the updated Terms of Services.
The fact that one of the parties may not invoke its rights to one of the ToS stipulations, does not affect its right to invoke it later, at any time.
The failure of either party not to claim the violation of any of the stipulations of the ToS is not a renunciation to invoke later this violation or a new violation, neither a renunciation to the stipulation itself.
A practice deviating from the provisions of the ToS, even if it has lasted a while, does not prevent a Party to seek the true and literal application of the provisions of the ToS.
If any provision of the ToS was declared null or invalid, that provision is deemed severable and the other provisions retain their full effect.
9. LAW AND JURISDICTION – LANGUAGE
The Terms are subject to French law and specifically the Court of Montpellier.
Subject to public order provisions applicable to jurisdiction, the Court of Montpellier will have sole jurisdiction in any dispute relating to the ToS, including, but not limited to, any dispute relating to its validity, interpretation, execution and / or termination and its consequences.
In case of divergence of interpretation, the French version of the TOS shall prevail.
10. DATE OF ENTRY INTO FORCE OF THESE TOS