Diab'App TOS (in English)
Par Constance QUEAU le 9 avr. 2022, 10h40 - CGU, TOS - Lien permanent
CGU - TOS - TOS
Terms of Services
in force on 09/04/2022
This page describes the terms of service (hereafter " TOS ") having for object the legal framework of the provisions applicable to all users of the Diab'App application (hereafter " the Application ") . These TOS constitute a contract between You (hereinafter referred to as " You " or the " User ", and, by reference, by " Your " or " Your ") and Diab'App , and govern the TOS of the Application .
If You refuse these Terms, please do not use the Application.
By using the Application, you accept all the provisions of the TOS. Diab'App recommends that you read them carefully.
The TOS include:
- General provisions (article 1)
- Legal notices and intellectual property (article 2)
- Authorizations required (article 3)
- The privacy policy (article 4)
Diab'App reserves the right to modify these TOS and to impose, at any time and without notice, new TOS applicable to Your use of the Application. Such modifications and additional terms will take effect immediately and will be incorporated into these TOS. Your use of the Application thereafter will be considered as a tacit acceptance of these TOS.
1. General Provisions
1.1. About the App
The Application is a personal solution, developed by Diab'App whose sole objective is to help the User obtain information to more easily calculate insulin units according to the mass of carbohydrates ingested.
1.2. Warning
The use of the Application is strictly reserved for diabetic patients and healthcare professionals. The Application is only an information tool and in no way a tool for diagnosis or medical advice. The Application does not provide any indication related to the treatment that the User could follow.
Diab'App thus has no control over the use of the Application by the User, or over any interpretation or use that the User may make of one or more information presented in the Application. The User is solely responsible for examining and evaluating the relevance, in relation to his situation, of the information presented in and generated by the Application.
The Application has no purpose of diagnosing, preventing, controlling, treating or alleviating diabetes.
The Application and the information it presents or generates are not intended to be a substitute for professional medical advice, diagnosis or treatment. The User must always consult a qualified health professional for any question concerning his diabetes. The User must never ignore the medical advice of a health professional, nor delay obtaining this advice because of any information of which the User would have become aware through his use of the Application.
The User understands and accepts to be entirely responsible for his decisions in terms of health, including those taken on the basis of his use of the Application.
1.3 Information contained in the Application
The Application is not intended to provide You with medical advice. The information relating to health that it may contain is only provided for the purpose defined in article 1.1 and can in no way replace the advice of a health professional. You must not use the information contained in the Application to make a diagnosis related to Your state of health, a physical condition problem or an illness. In any case, You should always consult Your healthcare professional.
You can consult the Application, print elements presented or contained in the Application, or use any material downloaded from the Application, for personal purposes and for private use only. Consequently, You may not use any element of the Application for other purposes, including for public and/or commercial use, without having obtained Diab'App 's prior written consent.
The Application is exclusively designed for personal and private use.
Thus, You are prohibited from making any copy of all or part of the content of the Application intended for a third party or from authorizing a third party to use the Application.
The Application does not contain any advertising. But hypertext links may be present on the Application. The User is informed that by clicking on these links, he will leave the Application. Diab'App has no control over the web pages to which these links lead and cannot, under any circumstances, be responsible for their content.
1.4. Limitation of Liability
Under the conditions permitted by law, Diab'App declines all responsibility :
- for any imprecision, inaccuracy or omission relating to the information available in the Application;
- for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information or elements available in the Application;
- for any damage resulting from contamination of the Solution, in particular, but not exclusively, by 'viruses', 'Trojan horses' or other 'parasites';
- and more generally, for any direct or indirect, special, consequential or incidental damage, whatever its cause(s), origin(s), nature(s) or consequence(s) , even if Diab'App would have been aware of the possibility of such damages caused due to (i) access or the impossibility of accessing the Application, (ii) the use of the Application , including any deterioration or virus that could infect Your computer, Your computer equipment or other property, and / or (iii) the credit given to any information coming directly or indirectly from the Application.
1.5 Application Availability
The application and the website are free to any User with Internet access. All costs borne by the User to access the Application or the website (hardware, software, Internet connection, etc.) are his responsibility.
You recognize :
- that it is technically impossible to provide an Application free from any defect and that Diab'App cannot undertake to do so;
- that these faults may make the Application temporarily unavailable;
- and that the operation of the Application may be affected.
Diab'App reserves the right at any time, without notice and at its sole discretion, to update or modify or delete all or part of the Application, temporarily or permanently, including to carry out work maintenance or improvements or changes to the Application. Diab'App is not responsible for the consequences of these modifications, suspensions or interruptions.
Diab'App also reserves the right to terminate the provision of the Application at any time, without notice, without You being able to claim any compensation.
1.6 Languages
The Terms of Use are available in French (They are translated into English and Hungarian for your convenience but only the French version refers). The Application is available in French, English and Hungarian.
2. Legal notices and intellectual property
Application publisher: Diab'App
Website publisher: Diab'App
Contact: diabapp@diabapp.com
The Application contains certain elements protected by intellectual property rights belonging to third parties, as indicated below.
Authors
- Design: Constance QUEAU
- Graphics: Panna JAVOR
The Application was developed by Diab'App . The Application as well as all associated intellectual property rights, copyrights, trademarks, designs, logos, know-how, and all other intellectual property rights (registered or not), associated with the Application , are protected by the legislation in force and belong to Diab'App .
Diab'App grants you a limited, non-exclusive, non-transferable, personal license to install, access and use the Application in accordance with the provisions contained in the TOS. This license is granted to You for the entire duration of the protection of the intellectual property rights associated with the Application, and this anywhere in the world, for the sole purpose of being able to use the Application.
The User must seek Diab'App 's prior written authorization to copy, reproduce, modify, republish, alter, transmit or distribute in any way, on any medium whatsoever, in part or in whole, the Application. or elements of the Application and the associated intellectual property rights
The User must not decompile, reverse engineer, disassemble the Application or disable any functionality that could limit the use of the Application. The User must not modify, adapt, translate, sublicense, rent, lend, sell or distribute the Application or the intellectual property rights attached to the Application, or create works derived from the Application or part of it without the prior written consent of Diab'App .
3. Permissions Required
When using the Application, You will be asked for permission to access Your contacts to be able to select the phone numbers You want the Application to send reports to. These reports will only be sent if You request it, at which time You will need a validation from You to send an SMS .
The Application will need internet access to download the Ciqual table ( Anses. 2020. Table of nutritional composition of Ciqual foods . Consulted on 01/03/2022. https://ciqual.anses.fr/ ) which corresponds to Your language when the Application is launched (then each time You change language). Then once loaded in the device the internet connection is no longer necessary and the Application can work offline.
List of Android permissions required to use the Application :
android.permission.ACCOUNT_MANAGER
android.permission.GET_ACCOUNTS
android.permission.INTERNET
android.permission.MANAGE_ACCOUNTS
android.permission.READ_CONTACTS
android.permission.READ_EXTERNAL_STORAGE
android.permission.USE_CREDENTIALS
com .google.android.apps.googlevoice.permission.RECEIVE_SMS (disabled)
com.google.android.apps.googlevoice.permission.SEND_SMS
4. Privacy Policy
This privacy policy (hereinafter the " Policy ") defines the conditions that apply to the information that you enter into the " Diab'App " application (hereinafter the "Application ") when using it.
If you disagree with one or more of the terms of this Policy, please do not use the Application.
By using the Application, you agree to the Policy. Diab'App thanks you for carefully reading the terms below.
The privacy policy appears when you first use the Application and each time the Application is updated. You can then access this Policy via https://diabapp.com.
This Policy may be modified by Diab'App over time, in particular to adapt it to developments or changes in applicable law. Changes will be posted on https://diabapp.com. We encourage you to review this Policy regularly.
Diab'App has no access to the personal data that you enter into the Application via these mobile devices, nor can it retrieve a copy for your account. There is no sending of data to third parties. Diab'App is exempt from reporting to the National Commission for Computing and Liberties (CNIL) insofar as it does not collect any data concerning Users.
The data you enter into the Application, including your personal data, remains stored in the mobile devices you use to access and use the Application. This personal data remains in your phone and is deleted when you uninstall the Application.