Any use of the Biocorp Application for Pen devices (BAP) is subject to prior knowledge and express acceptance of these General Terms and Conditions of Use.
1. Legal Notice
Publisher of mobile Application:
Biocorp PRODUCTION
RCS CLERMONT-FD 453 541 054
Share capital: 3 505 454,00 euros
Head office: ZI de Lavaur, La Béchade, 63500 ISSOIRE, FRANCE
Tel. +33 4 73 55 70 50
Publishing director: Xavier JULIA
2. Definitions
The terms defined hereafter shall have the meaning and scope given in their definition, in the context of the conclusion and execution of the T&Cs:
- Application” or “BAP Application” or “BAP App” means the Mobile Application enabling a User to access and use all Biocorp devices’ Services and Content;
- “Sensor” means any device provided by Biocorp, to be clipped onto an injection pen, enabling injection data to be captured and transmitted to a Mobile Application.
- “T&Cs” means the general terms and conditions of use of the BAP Application which are intended to govern the use of the BAP Application by any User;
- “Content” means all texts, photographs, illustrations, videos, functionalities and more generally any element existing within the BAP Application;
- “Services” means all the services offered to the Users of the Application in order to benefit from the functionalities of the Application;
- “Company” means the company Biocorp Production, which publishes the BAP Application as an editor, within the meaning of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy (known as the “LCEN Law”);
- “User(s)” or “You” refers to any authorised individual accessing the Services and Content of the BAP Application, after acceptance of the T&Cs. It could be any private individual, healthcare professional, medical expert, pharmaceutical company, application integrator, any party involved in a study, or any employee involved in the research and development of the Application or the Sensor. This list is not exhaustive and may change based on needs and the permissions granted to access the BAP Application.
3. Purpose
These T&Cs are intended to govern the use of the Biocorp Application for Pen devices (“BAP App”), its Services and Contents by any User. They are intended to define the rules of use of the BAP App and the respective rights and obligations between the User of the BAP App and the Company.
If any provision of these T&Cs is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs.
No waiver of any provision of these T&Cs shall be deemed a definitive waiver of that provision or any other provision of these T&Cs.
4. Entry into force and duration
These T&Cs come into force without reservation, with respect to the User, further to their acceptance by the User, indicated at the launching of the Application.
T&Cs DISCLAIMER ANY USER AGREES TO UNCONDITIONALLY AND FULLY COMPLY WITH THE TERMS OF THESE T&Cs AS DESCRIBED BELOW. BY ACCESSING THE BAP APPLICATION AND USING THE SERVICES AND CONTENT, THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRETY OF THESE T&Cs AND ACCEPTS THEM WITHOUT RESTRICTION OR RESERVATION BY CLICKING ON THE “CONFIRM” BUTTON. THE USER ACKNOWLEDGES THAT THE EXPRESSION OF THEIR CONSENT IS MATERIALISED BY CHECKING THE BOX “I HAVE READ AND ACCEPTED THE GENERAL TERMS AND CONDITIONS OF USE” AND BY THE ACTIVATION OF THE BUTTON “CONFIRM” (A BUTTON “DECLINE” IS ALSO DISPLAYED). THESE T&Cs ARE ACCESSIBLE WITHIN THE BAP APPLICATION AND AT THE FOLLOWING ADRESS: https://biocorpsys.com/en/cgu-bap/ |
In case of shared use of the Application, the acceptance of these T&Cs is deemed to be acknowledged by any user accessing the Application.
These T&Cs shall remain in force for the duration of the User’s relationship with the Company, which could be contractual, pre-contractual, or more generally, commercial. The termination of these T&Cs shall take effect upon the removal of the BAP Application from the mobile equipment by the User.
Finally, the Company reserves the right to temporarily or permanently suspend access to the BAP Application in the dedicated app store without prior warning or compensation of any kind. Therefore, in this case, the T&Cs may not be applicable to temporarily or permanently.
5. Conditions of access to and use of the BAP application
The BAP Application is available for free on the stores: Apple App Store and Google Play. The access to the Application will be limited by an access token provided by Biocorp.
Access to and use of the BAP App by any User is subject to these T&Cs and to all applicable laws.
Access to and use of the BAP App are restricted to individuals who have received the access token mentioned above from an authorised person or have been expressly authorized by the Company.
Users may not use the Services and the Content provided as part of the BAP Application for any purpose other than for their destination as defined in these T&Cs, and, in particular, they shall refrain from using the BAP Application, including the Services and Content, to promote a product, a service, a health establishment or, in general, for any advertising or promotional or professional purposes ; except with the express authorisation of the Company and within defined and regulated specifications.
Any other use in fraud of the Company’s rights exposes the User to prosecution, as applicable.
The User acknowledges and accepts that the full cost of connection to the Internet network remains their exclusive responsibility.
6. Presentation of the BAP application, services and content
The Application offers a service for research and development purposes, tests, studies, demonstrations, calls for tender to integrators and more generally, for any purposes that the Company may define. The BAP app has not been designed to be used for the benefits of the patients, caregivers nor healthcare professionals.
The Application processes data produced by a smart Sensor, which allows Users to access, from the Application, various Services and Contents.
The Application includes functionalities allowing User to:
- Pair one or many Sensor(s),
- Track the injections received from their injector pen as well as the functioning of each paired and connected Sensor,
- Browse the injections history.
The Application is only available in English.
The data recorded by and within the Application may be collected by Biocorp. For more information what data or information the BAP App collects, the Privacy Policy is accessible at the following address: https://biocorpsys.com/en/privacy-policy-bap/
7. Obligations and liability
Liability of the Company
The Company is bound by an obligation of means within the framework of the provision of the BAP Application, Services and Content provided within the limits defined in these T&Cs.
Consequently, the Company shall be liable only for direct and foreseeable damages related to the use of the BAP Application, its Services and Content by the User having accepted the present Terms and Conditions of Use.
Limitations on liability
Each User remains fully and personally responsible for the use of the BAP Application and its Contents and Services, in particular for the use of the information from which they benefit in this context as well as all the information they provide via the BAP Application, according to the conditions of common law.
Each User undertakes to validate the adequacy of the BAP Application, its Services and its Content to their own needs. The BAP Application cannot be used for medical monitoring.
Furthermore, each User acknowledges that the Company cannot be held liable for any material or immaterial damage, direct or indirect, whatever the cause, including damage that may be caused by:
- The possible spread of viruses, computer fraud, due to the constraints and limits of the Internet network;
- The loss, deterioration or alteration of files;
- The User’s use of the BAP Application, its Services and Content and/or the interpretation of its Services or Content;
- The impossibility for the User to access the Application, the Services and Content, with the exception of direct damages resulting from gross or intentional negligence.
In general, each User undertakes to use the BAP Application:
- In compliance with the laws, regulations and rights of third parties, in particular intellectual and industrial property rights including, in particular, those of the Company appearing in the BAP Application;
- Fairly and in accordance with its purpose.
In particular, it is up to each User:
- To meet the obligations in terms of security, in accordance with the article “Cybersecurity” of these Terms and Conditions of Use;
- To use the Application, its Services and Content in compliance with these T&Cs and the legal and regulatory provisions in force;
- Not to commercialise all or part of the Services or Content accessible via the BAP Application.
8. Cybersecurity
The User is responsible for taking all appropriate measures to protect their own data and materials, and in particular their mobile equipment in which their data is stored via the BAP Application from contamination by viruses or other forms of attacks, possibly circulating via the BAP Application.
Users acknowledge the existence of risks inherent to the use of telecommunications and the Internet network, particularly in terms of:
- Lack of reliability of the Internet or cellular network or Bluetooth connectivity;
- Non-guaranteed continuity or performance of access to the BAP Application and its Content and Services;
- Any other technical constraints which are not under the control and responsibility of the Company.
Under no circumstances can the Company be held responsible for these risks and their prejudicial consequences, whatever their extent, for the User.
The User is informed that certain technical information of the BAP Application, related to crashes, may be transmitted anonymously to the Company by Google Crashlytics. This information is used to track, prioritise, and fix stability issues that erode the Application quality in order to enable technical monitoring and correction of any bugs in the Application. For more information about what data or information the BAP App collects, the Privacy Policy is accessible at the following address: https://biocorpsys.com/en/privacy-policy-bap/
9. Intellectual property
The Company is the owner of the intellectual and industrial property rights to the Content and Services of the BAP Application.
The use of the BAP Application in no way confers on the User any property right or licence whatsoever on the Application, its Services and Contents.
Any use, reproduction, copy, distribution of all or part of the BAP App Content is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
All of the Content and Services of the BAP Application, including but not limited to the texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the structure, the mapping, the design and organisation of its sections, their titles, existing or future, is protected by intellectual property rights, held or claimed by the Company, with the authorisation of the holders of these rights, where applicable.
The User benefits from a private, personal, non-transferable and non-exclusive right of use of these Content and Services.
Except with the Company’s express and prior authorization, the User shall refrain from any reproduction, representation and use other than those referred to below and in particular:
- Any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication, whether free of charge or against payment, of all or part of the works, services, and all elements protected or likely to be protected by intellectual property law, reproduced within the BAP Application;
- Any link, access, modification, addition, deletion that relates to the BAP Application.
Any other form of use of the Contents or Services in violation of the Company’s rights would constitute an infringement punishable in particular by articles L.335-2 and following of the French Intellectual Property Code and it has the potential to expose the authors of these acts to civil and criminal legal proceedings.
The Company reserves the right to take all measures that it deems appropriate to prevent or put an end to the infringement of its copyrights or the copyrights of third parties, without any liability being imputed to it as a result of such measures.
10. Protection uf User data
The processing applied to the data that the Company may collect from Users and the protection measures applied to such data are detailed in the Privacy Policy, accessible at the address: https://biocorpsys.com/en/privacy-policy-bap/
11. Force majeure
The Company shall not be held liable in the event of inaccessibility of the BAP Application and its Content and Services caused by events beyond its control, which could not be reasonably foreseen and the effects of which cannot be avoided by appropriate measures, and preventing the performance of its obligations (“Force Majeure”, article 1218 of the Civil Code).
The performance of these T&Cs shall be suspended for as long as the Force Majeure Event lasts and the Company shall make every effort to put an end to the Force Majeure Event as far as reasonably possible.
If the impediment is definitive, the BAP Application will no longer be operational.
12. Links
Any implementation of a link to the BAP Application requires the express and prior authorisation of the Company, which may be requested at the address indicated in the legal notice above.
13. Modification to the T&Cs and application evolutions
The Company reserves the right to modify at any time these T&Cs or the rules concerning the use of the BAP Application, its Services and Content.
The Application will be regularly checked in order to determine whether evolutions are possible and whether or not it presents any risk of malfunction for Users. If the Application is improved, the User may update it to the latest available version in the dedicated app store.
The User will be informed of any update of these T&Cs in the Application with a way to access to the new version. Depending on the level of importance of the modification made to the T&Cs, one of the following will apply : continued use of the application may be considered as tacit acceptance of the updates ; the user may be required to review the new version as a form of tacit acceptance ; or the user may be required to explicitly accept the changes. This procedure applies when the Application is connected to the internet.
Finally, the Company reserves the right to temporarily or permanently suspend access to the BAP Application in the dedicated app store without prior warning or compensation of any kind.
14. Termination by the User
At any time, the User may stop using the Application by deleting it from their mobile equipment and/or uninstalling it from their mobile equipment in accordance with the procedure applicable to it.
15. Applicable law
These T&Cs are governed by French law.
In the absence of an amicable settlement, any dispute relating to the BAP Application or in relation to its use will be submitted to the French courts, regardless of the User’s place of residence.
16. Assignment
The Company may assign these T&Cs at any time to a subsidiary or successor, regardless of the nature of the transaction.
The User is not authorised to transfer the rights it has under these T&Cs to a third party without the express prior authorisation of the Company.
