1.
LEGAL NOTICES – DEFINITIONS – SCOPE OF APPLICATION

1.1. Legal Notices

, the services accessible via the Medissimo Apps, are provided by
, a company named Medissimo, a simplified joint-stock company (SAS) with a capital of €2,525,000,
, registered with the Versailles Trade and Companies Register under
, RCS number B 434 856 209, whose registered office is located at TECHNOPARC, 8, rue
Charles Edouard Jeanneret – 78300 POISSY, and whose intra-Community VAT number
is FR22434856209 (“MEDISSIMO
”).

Medissimo can be contacted by phone at
01.30.06.30.06, or by email at client@medissimo.fr, and by mail
at the address of its corporate headquarters listed above. The Platform’s
is Ms. Caroline Blochet.

The Platform is hosted by OSPI
– corporate name: “PSIH” (“OSPI”), a simplified joint-stock company with a capital of €1,000,000,
, with its registered office at 77 BOULEVARD MARIUS VIVIER MERLE, 69003 LYON,
, registered with the Lyon Trade and Companies Register under number 419 097 654.

OSPI is a certified “
” health data hosting provider in accordance with the provisions of Article L. 1111-8
of the Public Health Code, and can be contacted by phone at: 04 26 10
06 30, or by email at: contact@ospi.fr, and by mail at the address of its
corporate headquarters listed above.

1.2. Definitions

Each of the terms listed below shall h
, the following meaning:

“
Support”: Support services corresponding to Level 1 Maintenance
provided by Medissimo, specifically for getting started and initial configuration
of Medissimo Applications, as well as their day-to-day use.

“
Anomaly”: Any non-conformity or reproducible defect in the Medissimo Applications,
, regardless of whether it results from misuse.

“
Web Application ‘Medissimo Pharmacien’”: The “Medissimo Pharmacien” web application,
—a non-downloadable application that runs on the web (via the Internet),
—is intended for pharmacist users.

“Medissimo Web Application: ‘
’for Healthcare Facilities”: The free web application “Medissimo
for Healthcare Facilities” is a non-downloadable application that runs on the web (
) and is intended for nurses at the facility who are authorized “
” users designated by the pharmacist.

“
’s Medissimo Infirmière Mobile App”:
The “Medissimo Infirmière” mobile app, an application
, can be downloaded and run on mobile devices via the App Store,
, and is intended for independent nurses authorized by a pharmacist.

“Kimed Mobile App
”:Thefree “Kimed” mobile
app, which can be downloaded and run on
via the App Store, is intended for patients who are
users authorized by a pharmacist.

For the purposes of this Agreement, the Medissimo Web Application for Pharmacists (
) and the Medissimo Web Application for Healthcare Facilities are collectively referred to as
the“Web Applications,” and the Medissimo Mobile Application for Nurses (
) and the Kimed Mobile Application are collectively referred to as
the“
Mobile Applications.”

, Medissimo Applications ": The mobile and web applications of the Medissimo Platform:
(i) Medissimo Pharmacist Web Application, (ii) Medissimo Web Application
Facility, (iii) Medissimo Nurse Mobile App, and (iv) Kimed. The
Medissimo Facility Apps and the Medissimo and
Kimed Mobile Apps are linked to the existence of an account or accounts created by a pharmacist within
the Medissimo Pharmacist Web App. The Medissimo
Facility Apps and the Medissimo and Kimed Mobile Apps cannot be
used independently of the Medissimo Pharmacist Web App.

"
Account": The account associated with each user of the Medissimo Apps, as described at
, is their Profile.

"
Documentation": Presentation materials and user manuals for Medissimo Applications
.

“
Compliance Data”: Data used to quantify compliance with a
medication, generated by Medissimo Applications based on data and
content entered by Users, and which is distinct from such data and content.

“
Intellectual Property Rights”: All intellectual property rights
associated with the Medissimo Applications and Services for which
Medissimo is the owner or for which it holds a license,
particularly those associated with trademarks, trade names, distinctive signs, trade names
, designs, models, corporate names, documents, as well as
the visual identity and/or graphic guidelines, all databases
under the sui generis right of the
database producer and copyright law, particularly with regard to the
Compliance Data, the domain names of the Medissimo Applications,
their entire architectures, graphic, textual, and/or media content,
and the databases comprising them under the sui generis right of the database producer and copyright law.

“
-Medical-Social Facility”: The facility where the patient is being tre
, if applicable.

“
Medissimo Equipment”: The equipment supplied by Medissimo to the Pharmacist—
—as the User under a separate contract of sale, lease, and/or provision
, intended to be used exclusively (i) in connection with the Medissimo Services and Pill Organizers, and (ii) within the Territory.

Medissimo's equipment includes the following:

–        
Tray for preparing pill organizers;

–        
Digiplan Assisted Tray for assistance with the pre
of pill dispensers.

“
’s Professional Virtual Space”: The private and secure space within
—the Medissimo Pharmacist Web Application—managed by the pharmacist under his or her
exclusive responsibility and in compliance with his or her contractual
/ professional obligations, particularly with regard to the data entered, including
that of patients.

"
"app store : Platforms
for downloading and managing mobile apps from Apple (the App Store) or
from Google (Google Play Store).

“
-Corrective Maintenance”: Level 2 maintenance services consisting of the
correction or workaround of anomalies (including the deployment of
security patches and application fixes) provided by Medissimo.

“Electronic
”equipment: Any information-processing system (computer,
smartphone, etc.) with Internet access that allows users to run web
applications (non-downloadable) via the Internet.

"Mobile
": A mobiledevice running Android or iOS
(such as smartphones, tablets, etc.) that allows users to install and
run mobile apps, which can be downloaded from an app store
.

Medissimo Pill Organizer(s) ”: Single-use pill dispensers, prepared and secured at the pharmacy
using the “Medissimo Pharmacist” web application, which enables the healthcare professional
to promote the proper use of medication. In accordance with
the pharmacist, the application can be used to track pill dispensers prepared
by the nurse.

“
Preparer”: Any pharmacist who prepares pill organizers, and any individual
authorized by the pharmacist to prepare pill organizers, under the direction and
responsibility of a pharmacist.

“
Medissimo Services”: Services related to hosting, the provision of a web
-access, and the use of Medissimo Applications, as well as
support and maintenance services.

“Healthcare professional(s)
”: Any person engaged in the professional practice of medicine
pharmacy, or nursing:

“Pharmacist
” Any individual legally practicing the profession of pharmacist,
who holds a doctorate in pharmacy and a pharmacy license
in accordance with applicable regulations, in particular the Public Health Code
,

“
Nurse”: Any individual who is legally practicing the nursing profession—
—and holds a diploma, certificate, or degree required by applicable regulations
, in particular the Public Health Code.

“Digital
Platform”: All
IT and/or telecommunications equipment, including the
server, used by Medissimo to host and/or make available
the Medissimo Applications.

“Profiles”: The “
” are the different types of Users authorized to use one of the Medissimo “
” applications based on their profile, namely:

–        
"
-User Pharmacist" Profile: Medissimo Pharmacist Web Application,

–        
"
-User Preparer" Profile: Medissimo Pharmacist Web Application,

–        
“
-UserNurse” Profile: Medissimo Etablissement Web Application,

–        
“
-User Patient”or“
-User Caregiver”profile: Kimed Mobile App. A “User Caregiver” is a
close relative or caregiver of the patient who is not a professional caregiver and is authorized to access
the patient’s data,

–        
“
, Independent Nurse User”Profile: Medissimo Nurse Mobile App. A “
, Independent Nurse User” is an independent nurse, a healthcare professional
, who is authorized to access patient data.

The use of the Medissimo apps—
, and Infirmière— Medissimo Facility and Kimed by Nurses, patients
, and caregivers (Users), which provide access to patient data, must
be authorized via the Medissimo Pharmacist Web Application by the Pharmacist
(User), who is solely responsible for granting these authorizations as well as access
to data in the Medissimo Pharmacist Web Application, with the patient’s express prior written consent
.

“Regulations”: All French legislative and regulatory provisions
relating to the
protection of personal data, and in particular Law No. 78-17
of January 6, 1978, known as the “Data Protection Act,” the European Regulation
No. 2016/679, known as the “GDPR,” and the relevant provisions of the Public Health Code
, in particular Article L. 1110-4.

" Services ”:
The purpose of the Medissimo Apps is to assist in monitoring medication adherence
through the following services, provided by Medissimo to User
s (based on their respective Profiles) via
the Medissimo Apps, and detailed in the Documentation:

–        
Monitor the administration of medications
prescribed to patients (“treatment adherence”), in particular
by alerting third parties and/or authorized Users (Nurse/
Pharmacist/ Patient / caregiver User) regarding medication intake events via
SMS or push notifications, to record and view adherence to their
medication regimen, and to share various information related
to this treatment adherence with third parties and/or authorized Users
(including, in particular, Nurses and Pharmacists);

–        
Organize the administration of prescribed medications
for patients (set up and receive
reminders for taking medications);

–        
Assistance with the use of Medissimo “
” pill dispensers and/or Medissimo equipment.

“Server”: The computer equipment
connected to the Internet and hosting the Medissimo Applications. All
data from the Medissimo applications is hosted on the servers of
, an OSPI service provider and an accredited health data host designated as a “
-Health Data Host” (Article L. 1111-8 of the Public Health Code and the Decree of January 4,
2006, regarding the hosting of personal health data).

"
Territory": France (including the DROM-COM regions) and the European Union.

“
User”: Any individual authorized to use the Medissimo Application
in accordance with their Profile.

1.3. Scope

The download, access, activation, viewing, and
use of the Medissimo Applications and Services are subject to
unconditional acceptance of the following:

(i)               
These Terms of Use;

(ii)             
From the Privacy Policy (Appendix 1 –
Privacy Policy)

(iii)            
From the Security Policy (Appendix 2 –
Security Policy);

(iv)            
Any rules or policies applied
by APPLE or GOOGLE on the App Store regarding the Kimed App.

The current version of the Terms of Use can be found at
under the “Legal Notice” section for the Kimed App, as well as
online at the following address: https://www.medissimo.fr/cguvpar20260901.

Medissimo reserves the right to
modify the Terms of Use at any time. In the event of a substantial change,
the User will be notified THIRTY (30) days in advance via a
notification upon launching the Medissimo Applications. By continuing to use
the Medissimo Applications after the changes to the Terms of Use take effect,
the User is deemed to have accepted the new version of the Terms of Use. The date of
the most recent revision of the Terms of Use appears at the bottom of the page.

Updates to the Medissimo Apps
may be provided through the App Store and/or performed via
using web browsers. Depending on the update, the User may be
required to download or run a new version of the Medissimo Apps,
and to accept the Terms of Use again in order to continue using the
Medissimo Apps.

2.
TERMS OF USE FOR MEDISSIMO APPLICATIONS

2.1. Technical Requirements for Accessing Medissimo Applications

The Kimed App is available to
Users under the following conditions (all of which must be met for each
Medissimo App):

–
Use of the Medissimo Web Application
Pharmacist by a pharmacist for the patient in question;

– Mobile phone with
;

–
A high-quality internet connection (unless otherwise specified at
for certain Services).

All fees and costs of any kind,
related to access to the Medissimo Applications, are the sole responsibility
of the User, who is solely responsible for the proper functioning of their Hardware /
Mobile Device, as well as their Internet access. In this regard, the User is
informed that access to the Medissimo Applications and use of the Services
require a high-quality Internet connection.

In addition, in order to use the full range of Mobile Application Services (
), the User must authorize Medissimo (
) through the Medissimo Applications to use the following functions of their mobile
:

2.2. Personal Terms and Conditions for Access to Medissimo Applications

Ø  For the Kimed Mobile App :
You must be a home-care patient whose treatment is tracked in the Medissimo Pharmacist web app (
) by a pharmacist. Required information: last name, first name, and email
.

If the patient-user is a minor or
legally incapacitated, it is the legal representative’s responsibility to act on their behalf and for their
account on the Kimed Mobile App, including granting any
authorization.

The User registers on the relevant
Mobile app. The Pharmacist must then, under his or her sole
responsibility, fill in the required fields for creating the
virtual professional space and the User Accounts that he or she authorizes and creates for
the Medissimo Etablissement Web App, the Medissimo Infirmière Mobile App, and
Kimed.

The User agrees to provide accurate and truthful
information, which the Pharmacist must verify. In the event
that the information provided changes, the User agrees to notify
the Pharmacist immediately, and the Pharmacist agrees to update the data in the Account
and/or the Professional Online Portal as soon as possible.

As part of the registration and/or
login process, as applicable, the User accepts the Terms of Use by checking the box at
provided for this purpose. The Pharmacist must create an email address and
verify it using a code sent to that address, as well as set a password during the
registration process on the Medissimo Pharmacist Web Application. The Pharmacist will then receive an
email containing a 6-digit OTP code, which must be entered during the^first
login to confirm the accuracy of their email address.

The User’s username and password for
are personal and confidential. The User is responsible
for their username and password. The User agrees to take all necessary steps
to keep their login credentials confidential and not to disclose them
in any form whatsoever. The User must immediately notify Medissimo if
they discover a security breach—particularly one related to the voluntary disclosure
or misuse of their username and/or password—so that Medissimo
can promptly take all appropriate measures to remedy the
security breach. In the event of the loss or theft of a username and/or
password, the User agrees to notify Medissimo as
soon as possible. Medissimo will then deactivate the User’s account and
send the User a link to reset their password via
email to the address provided by the User.

By using the Medissimo Apps,
the User confirms that he or she is the owner of the Mobile Device and/or,
if applicable, that he or she is authorized by the owner(s) of the Mobile Device to
use it and to download and run the Medissimo Apps on the Mobile Device.

3.
SERVICES AVAILABLE ON MEDISSIMO APPS

The User acknowledges and agrees that the
Services offered by Medissimo on the Medissimo Apps are limited to the
features described in the Documentation.

Medissimo may take any
organizational or developmental measures—including technical ones—that may improve Medissimo’s
Applications, Services, and/or offerings, in accordance with
its contractual obligations.

4.     
, MEDISSIMO SERVICES

4.1. Accessibility to Medissimo Applications

Medissimo makes every effort to provide the User with access to the Medissimo Applications 24 hours a day, 7 days
a week, subject to the following conditions.

Access to the Medissimo and
Applications and use of the Services require a high-quality internet connection,
for which the User is solely responsible. Consequently, in the event of a weak or poor-quality internet connection
, access to the Medissimo
Applications and/or the Services may be impaired, which the User acknowledges and
accepts.

Medissimo Services and/or the
Services of the Medissimo Applications may be disrupted for reasons related to
force majeure, technical measures on Medissimo’s facilities,
data providers, or network operators that are necessary for
the proper functioning or improvement of the Services (for example,
maintenance, repairs, software updates, or expansions), temporary overloads
due to spikes in Service traffic, or disruptions
in third-party telecommunications systems.

In this context, Medissimo may, in particular, at any time and with no
s regarding its liability:

•                 
Temporarily suspend, interrupt, or
restrict access to all or part of the Medissimo Applications and/or Services;
restrict access to the Medissimo Applications and/or Services, or certain
parts of the Medissimo Applications and/or Services, to a specific
category of Users;

•                 
Suspend or restrict access to the Medissimo “
” Apps and/or the Services in order to perform updates.

Medissimo is not liable
in the event of disruptions and/or the inability to access the Medissimo Applications
and/or Services due to a force majeure event, as defined in
the provisions of Article 1218 of the Civil Code, or due to an event
beyond its control (including, but not limited to, problems with the User’s equipment and/or internet access
, technical issues, disruptions to the internet network
, etc.) through no fault of its own.

4.2.        

-Hosted Service

As part of its Services, Medissimo hosts
the Medissimo Applications, as well as the data entered into them by
Users. Given the nature of the data that will be processed at
in connection with the use of the Medissimo Applications and the applicable legislation
regarding the hosting of health data, the hosting of the
data is provided by a certified hosting provider within the meaning of Article L. 1111-8 of the
Public Health Code.

4.3.        

’s Support and Maintenance Services

Users may report issues to Medissimo at
. Medissimo undertakes to correct such issues, as
part of an obligation of means, and in accordance with the terms and conditions set forth
in the Terms of Use.

Medissimo is committed to providing the following Medissimo Application Support and Maintenance
Services:

•                 
Support corresponds to Level 1 Maintenance under
, which includes telephone support and, if necessary, remote support (
) upon a User’s express request. It specifically covers configuration (
) and initial setup of Medissimo Applications and workstations as needed (
), as well as training and assistance during the initial setup phase.

•                 
Level 2 Maintenance refers to corrective maintenance
that enables the evolution and updating of applications
through the installation of patch versions as needed, updates to
, the use of different bills of materials, the correction of any defects and/or bugs
related to the version, and the maintenance of gateways for sending or
receiving data to or from third-party software.

The following are expressly excluded from the Assistance and Maintenance Services available at
: the User’s electronic and/or mobile devices (
), Medissimo equipment, pill organizers, and/or secure pill organizers (
), and, generally speaking, any items not originating from the Medissimo Services and Applications (
), as well as services not included at
(upgrade services outside the standard package, etc.).

Assistance and Maintenance can take place :

•                 
Either by phone at 01 30 06 30 06,

•                 
Or by email to the following address:
: conseilleresante@medissimo.fr,

•                 
Either via chat,

•                 
Or via remote support (
-remote assistance).

All requests must include the necessary
information to enable Medissimo to provide the
Support and Maintenance Services. Service calls are performed during the following
business hours: Monday through Friday, from 9:00 a.m. to 6:00 p.m.  

5.        
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS – LICENSE

It is hereby reiterated, as necessary, that
Medissimo owns and/or is licensed to use
all intellectual property rights in the elements of the
Medissimo Applications and/or the Services, including all
copyrights in the documents and information contained in the Medissimo Applications
and the sui generis right of the
database producer with respect to the Adherence Data.

Accordingly, the User acknowledges that
, within the context of the Medissimo Applications, is granted only a personal and non-exclusive license
to use the Medissimo Applications,
strictly limited to use in accordance with the Terms of Use, and which in no way constitutes
any transfer or sale of intellectual property rights (the “License”). The License is non-
, non-transferable, and non-assignable by the User.

The User may not assert any other rights with respect to
Intellectual Property Rights, which the User expressly acknowledges and accepts,
, and:

•                 
In particular, the User is prohibited from reproducing, adapting,
modifying, transforming, translating, publishing, or communicating in any way
whatsoever, directly and/or indirectly, the intellectual property rights
;

•                 
Agrees not to do anything that could infringe
on intellectual property rights and to promptly notify
Medissimo of any infringement of intellectual property rights of which it
becomes aware.

The User also agrees not to :

•                 
Copy, in whole or in part, the Medissimo “
” Applications, except for backup or operational security purposes;

•                 
Rent, license, redistribute, sell, lend,
modify, translate, merge, or alter all or part of the Medissimo
Applications, and/or incorporate or combine them, in whole or in part, with any other
program, without Medissimo’s express consent;

•                 
Disassemble, decompile, or create derivative works
based on all or part of the Medissimo Applications;

•                 
Access, use, modify, or alter, in whole
or in part, the source code of the Medissimo Applications;

•                 
Using the Medissimo Applications, in whole
or in part, in violation of the regulations applicable to the User
and/or the User’s business, and/or for unlawful purposes, contrary to the Terms of Use and/or
the contractual terms in effect between the User and Medissimo;

•                 
Use the Medissimo Applications or their
features, in whole or in part, in any manner that could damage,
disable, overload, impair, or compromise Medissimo’s systems
, or interfere with other Users or collect
information or data transmitted to or from Medissimo’s servers;

•                 
Use the Medissimo Applications, in whole
or in part, for any purpose other than the Services.

6. RESPONSIBILITIES

6.1. Medissimo’s Responsibilities

Medissimo’s obligations under the Medissimo “
” “Services,” and/or “Applications” are obligations of “
” means only.

Medissimo assumes no other
liability and provides no warranty regarding the Medissimo Applications
and Services (including their content, specific features,
reliability, availability, and/or their ability to meet the User’s needs
) other than that provided for by applicable regulations.

In addition, the Medissimo Applications
may contain links to independent third-party websites or applications
, or features that allow access to independent third-party programs or
content, for which Medissimo is not responsible and
makes no warranty regarding their content, reliability, nature,
or quality, nor their compliance with applicable regulations,
particularly with regard to the protection of personal data. Any interaction
and/or use of such third-party sites by the User is entirely
the User’s responsibility and shall not bind Medissimo in any way or for any
reason whatsoever. The limitations of liability do not apply in the event
of intentional or fraudulent misconduct.

n any event, and without prejudice to mandatory legal or
regulatory provisions, Medissimo shall not be held liable
in the following cases (unless Medissimo is at fault):

•                 
Error, omission, inaccuracy, imprecision, or
caused by a User;

•                 
Failure by the User to comply with (i) applicable laws and regulations in force
, and/or (ii) the Terms of Use;

•                 
Use of the Medissimo and/or
Applications or Services in a manner contrary to their intended purpose and/or the instructions/recommendations of
Medissimo;

•                 
Poor connection / network outage
internet, occurrence of technical problems and/or cyberattacks affecting local
, digital facilities and spaces, software, and hardware
owned by or under the responsibility of the User.

6.2. User Responsibilities

The User agrees to comply with all (i) applicable laws and
regulations, and (ii)
the Terms of Use.

The User is solely responsible for (i) taking all necessary steps
to ensure access to the Medissimo Applications, including a high-quality Internet connection
and access to a mobile device, and (ii) ensuring that the data entered into the Medissimo Applications is accurate and up-to-date
, as well as for backing it up
.

Pharmacovigilance. By
Furthermore, it is the responsibility of Users, patients, caregivers, healthcare professionals
, and medical-social institutions to report any adverse event
suspected of being caused by a medication or product mentioned in Article L. 5121-1
of the Public Health Code of which they are aware. Any report of an
adverse health event, including adverse effects
suspected to be caused by a medication or product listed in Article L. 5121-1 of the
Public Health Code, can be submitted on the website “ signalement-sante.gouv.fr .”

’s use of Medissimo pill organizers, equipment, and/or applications, as well as
services, does not under any circumstances allow healthcare professionals,
medical-social facilities, and/or those associated with patient Users to absolve themselves of
their liability toward patient Users. Healthcare Professionals
and medical-social institutions remain, in all cases,
responsible for the medical opinions and advice they provide, and must
verify the accuracy of the information and data provided by the Services
and/or the Medissimo Applications.

Interoperability
: Medissimo Applications may enable the exchange of
data with other applications used by Healthcare Professionals
in accordance with the terms of the Privacy Policy (
care management software for long-term care facilities, pharmacy management software, etc.). These
data exchanges are initiated by the Healthcare Professional in
the relevant Medissimo Application, and under their sole responsibility.
Information derived from third-party software and imported into the Medissimo Applications
must be verified by the healthcare professionals who use them
. Similarly, healthcare professionals who use the
Medissimo Applications are responsible for the data they validate within these
Applications and send to third-party software.

7.
AL TERMINATION OF SERVICES AND BENEFITS

7.1. By Users

The User is free to stop using the Applications at any time
.

To deactivate the Account, a request must be submitted
to the responsible pharmacist and/or Medissimo, depending on the user’s profile
.

Deactivating the Account means
that you will no longer be able to access the Applications and Services. The Pharmacist may
retrieve the data and content and/or request their deletion if
desired, by submitting a written request to that effect to Medissimo.

For the purposes of Regulation (EU) 2023/2854
of December 13, 2023 (the “Data Act”), in the event that a User requests
a change in the provider of Medissimo Services, the User
must submit such a request to the responsible Pharmacist, and the procedure
for changing providers—as contractually agreed between Medissimo and
the said responsible Pharmacist—shall then be applied.

7.2. By Medissimo

Without prejudice to its other rights and remedies, Medissimo
reserves the right to terminate the Services and the License for the Medissimo Applications at
:

•                 
In the event of a breach by the User of any
of his or her obligations under the Terms of Use, and in particular those set forth in
Articles 2 and/or 4, following the sending of a formal notice by mail
or email with a request for confirmation of receipt, which remains unaddressed
for EIGHT (8) business days after its receipt,

•                 
In the event of a breach by the User of any
of his or her obligations under the Terms of Use, and in particular those set forth in
Articles 5, 6, and/or 9, such breach shall take effect immediately upon simple notification sent by
email with a request for acknowledgment of receipt.

's cancellation will take effect upon receipt of the cancellation letter from
. The Medissimo Apps and Services will remain accessible until
that date.

Termination results in the termination of the
Services, the License, and access to the
Medissimo Applications.

Users may retrieve their personal data
and/or request its deletion if they wish by sending a written request to that effect to Medissimo at
.

If the User believes that their account and/or
their access to the Medissimo Applications has been suspended, deleted, or terminated
by mistake, the User may contact Medissimo at the following address: Medissimo – Technoparc, 8, rue Charles
Edouard Jeanneret – 78300 POISSY; client@medissimo.fr.

8. APPLICABLE LAW
– DISPUTE RESOLUTION

8.1. Governing Law

THESE TERMS AND
(T&C) ARE GOVERNED BY FRENCH LAW, EXCLUDING ANY CONFLICT-
-OF-LAWS PROVISIONS THAT WOULD RESULT IN THE APPLICATION OF ANOTHER LAW.

This
choice of applicable law applies only to the extent that it does not deprive
the consumer of the mandatory consumer protection provisions
applicable in the European Union member state in which the consumer has his or her
habitual residence at the time of acceptance of the Terms of Use.

8.2. Alternative Dispute Resolution

Medissimo provides Users
with a support service that can be contacted in the event of difficulties when
using the Services, and/or the Medissimo Applications, and/or the
Medissimo Equipment. The support service can be reached at
, as specified in Section 8.3 below.

USERS ARE REMINDED THAT MEDISSIMO IS NOT LIABLE IN THE EVENT OF
A USER’S FAILURE TO FULFILL HIS OR HER CONTRACTUAL, REGULATORY
, AND/OR PROFESSIONAL OBLIGATIONS.

8.3. Consumer Mediation

Users have the right to use a mediation service free of charge
.

The mediator to which Medissimo reports is SAS Médiation Solution (https://www.sasmediationsolution-conso.fr) and can be contacted at the following addresses:
, 222 Chemin de la Bergerie, 01800 Saint Jean de Niost, and/or contact@sasmediationsolution-conso.fr.

The dispute may only be reviewed by the consumer ombudsman (
) if: (i)
the User provides evidence that they have first attempted to resolve the dispute
directly with Medissimo by submitting a written complaint to the following addresses:
Medissimo–Technoparc,
8, rue Charles Edouard Jeanneret – 78300 POISSY; reclamation@medissimo.fr and (ii) the User has filed their
request with the mediator within ONE (1) year of their
written complaint to Medissimo.

8.4. Competent Courts

Any
dispute between a User and Medissimo shall be subject to the exclusive
jurisdiction of the competent courts (i) pursuant to the Code of Civil Procedure
and the Consumer Code for Users whose
principal residence is in France (namely, if the User files a claim, either one
of the courts with territorial jurisdiction under the Code of Civil Procedure
, or the court of the place where the User resided at the time the contract was concluded
, or the court of the place where the harmful event occurred), (ii) pursuant to the Brussels I bis Regulation (
), for Users whose primary residence
is in another Member State of the European Union, and (iii) the French civil courts
for any other User.

9.
AL PROTECTION OF PERSONAL DATA

Under
the General Data Protection Regulation of April 27, 2016
(“GDPR”), healthcare professionals and/or medical-social institutions
are responsible for processing patients’ personal data
.

As a provider of software solutions
for healthcare professionals and/or medical and social care facilities
, as well as patients, Medissimo acts as a
joint data controller. As such, Medissimo undertakes to comply
with the legal and regulatory provisions in force applicable to the
protection of personal data concerning patients and
caregivers, and in particular to apply Medissimo’s privacy policy
, which is available in Appendix 1 of these Terms of Use and at the following address https://www.medissimo.fr/politique_confidentialite.

The respective obligations of Medissimo and
healthcare professionals who use the Medissimo Apps are
governed by a joint data processing agreement on the protection of personal data
in compliance with the GDPR, in order to protect the personal data of patients and caregivers as effectively as possible
.

The provision of patients’ personal data
is a contractual requirement and is necessary for the operation of the
service. However, patients may withdraw their
consent to the processing of their personal data at any time.

10.
AL AND GENERAL PROVISIONS

10.1. Entire Agreement – No Waiver – Severability of Provisions

Failure by Medissimo or the User of
to assert a right or bring an action shall in no event be
considered a waiver of such right or action. In the event that any
provision of the Terms of Use becomes void, is declared void,
prohibited, impossible, or ineffective, the validity of the other provisions of the
Terms of Use shall not be affected thereby, and a provision having equivalent economic and legal
effects may be substituted for the
provision in question.

10.2. Domiciliation – Language and Jurisdiction of the Terms of Use

The User designates
—as indicated in the User’s Account, if applicable—as the address for service, and Medissimo designates
the address of its corporate headquarters, as specified in the Terms of Use.

The Terms of Use are written in French.
If they are translated into one or more languages, only the French text
shall be deemed authentic in the event of a dispute.

Although the Medissimo Applications (
) and their content can be accessed worldwide, access to the Medissimo Applications (
) from jurisdictions where their content is considered
to be illegal or contrary to applicable regulations is prohibited. In
the event that the Medissimo Applications are used in jurisdictions
other than the Territory, the User is solely responsible for complying with
applicable regulations.

10.3. Subcontracting

The performance of Medissimo’s obligations at
under the Terms of Use may be subcontracted, in whole or in part, to any party of
’s choosing, following notification in accordance with the terms of Appendix 2.  

APPENDIX 1 –
PRIVACY POLICY FOR PATIENTS AND CAREGIVERS

MEDISSIMO’s top priority is the
protection of your personal data, which is collected and processed in accordance with
the French Data Protection Act of January 6, 1978, and the European Regulation
(EU) 2016/679 of April 27, 2016, on the protection of natural persons
with regard to the processing of personal data and on the free
movement of such data (“GDPR”).

1.     
r data controller and data processor

MEDISSIMO acts as the data controller
for the data collected on the websites medissimo.fr, medissimo.com, and
(the“Sites” ).

However, MEDISSIMO is jointly liable
with healthcare professionals when they enter your personal data
into the Medissimo Pharmacist and Medissimo
Healthcare Facility web applications, as well as into the Medissimo Nurse mobile application. This
is also the case when you enter your personal data into the
Kimed application (the“Applications” ).

2.
Personal data processed by
and methods of collection

3.     
’s Purposes for Processing Your Personal Data and Legal Bases

MEDISSIMO processes your personal data for
specific purposes, based on various legal grounds. The retention periods
for your personal data depend on the purpose
of the processing.

4.      Recipients of
your personal data

Personal data is processed with
s within the company.

Medissimo Applications may enable data exchange with other
applications used by healthcare professionals (
care management software for nursing homes, pharmacy management software, etc.). These
data exchanges are initiated by the healthcare professional in
the relevant Medissimo Application, and under their sole responsibility.
Information derived from third-party software and imported into the Medissimo Applications
must be verified by the healthcare professionals who use them
. Similarly, healthcare professionals who use the
Medissimo Applications are responsible for the data they validate within these
Applications and send to third-party software.

Your data may also be disclosed
to external recipients, solely for the purposes previously
mentioned and to the extent strictly necessary for the performance of the
tasks entrusted to them and/or to comply with legislative and
regulatory provisions.

These include :

• Healthcare professionals who make up your care team at
  ;

• From subcontractors, particularly those in the following categories:
  technical information system service providers, cookie providers
  (for more information on this, please see the Cookies Appendix);

·
Legally authorized authorities:
Tracfin, social security and tax agencies, and all judicial authorities authorized
by law and regulations.

The data is hosted
in France by OSPI, a company certified as a Healthcare
s Data Host (HDS), in accordance with Article L. 1111-8 of the Public Health Code.

5.      Transfers Outside the EU

Your data is processed within the territory of
the European Union. Under no circumstances is it transferred to
countries outside this territory.

6.      Your Rights

You have several rights regarding the
data about you that is processed by MEDISSIMO:

·
Right to erasure;

·
Right of access;

·
Right to rectification;

·
Right to object;

·
Right to restrict processing;

·
Right to data portability;

·
Right to withdraw your consent at any
time regarding the processing of your health data;

·
Right to establish post-mortem directives
regarding the retention, erasure, and disclosure of your data.