Term of Use
- Chapter I Definitions
- Chapter II Terms and conditions of access to the Platform
- Chapter III Intellectual property rights
- Chapter IV Terms of use
- Chapter V Hypertext links
- Chapter VI ResponsabilitéProtection of Personal Data
- Chapter VII Liability
- Chapter VIII Availability of the Platform
- Chapter IX Security
- Chapter X Breaches by the User
- Chapter XI Modification of the Terms of Use
- Chapter XII Applicable law
These Terms of Use apply to the services provided by AXOMOVE on the website and web application or any URL, domain or subdomain that may be substituted for it in the future (hereinafter collectively referred to as the "Platform"), as well as to any search carried out on said Platform, and/or any use of the Platform by the internet user who connects to it (hereinafter referred to as the "User"), whether they are a professional practitioner or a non-professional user. Acceptance of these Terms of Use is evidenced by any consultation, display, use or transmission of the Platform and, where applicable, your acceptance of the Terms when creating your account.
Definitions
"Professional Practitioner Users": Refers to healthcare professionals who subscribe to the Platform.
"Non-professional users": refers to the patient of the professional practitioner user of the Platform, the employee of a company subscribing to the Platform's user service, the beneficiary of a mutual insurance company and/or insurance company subscribing to the Platform's service, or the individual subscribing directly to the Platform's service.
Terms and conditions of access to the Platform
2.1 Professional Practitioner Users
2.1.1 Self-employed practitioners
- Trial period
When registering for the first time on the Platform, a fifteen (15) day trial period is offered. During this trial period, the Professional Practitioner User has unlimited access to all features, including the creation of Users, programmes, messaging and telecare. Only one trial period per individual is permitted at any given time. Consequently, any new subscription to a trial period by the same individual is prohibited and AXOMOVE reserves the right to cut off access to the service in the event of a breach of this obligation. - Authentication
When using the platform for the first time, the practitioner completes an online registration form by entering an email address and password. Once the form has been submitted, a validation email is sent to the email address entered by the practitioner, inviting them to validate their account by clicking on a link.
2.1.2 Practitioners who are members of a healthcare institution
- Invitation
Users are invited to log in to the Platform by the healthcare institution, which will have previously provided AXOMOVE with the professional User's email address.
Following registration, AXOMOVE will send an invitation email to the User. The User must then click on a link in this email to set their personal password, complete and confirm their account. - Electronic identification by Pro Santé Connect
Pro Santé Connect is a remote service implemented by the Agence du Numérique en Santé (ANS) that helps simplify the electronic identification of healthcare professionals. Users can log in using their e-CPS mobile app or their CPS card, with a card reader and the necessary components, after linking their account created via the invitation link.
2.2 Non-professional users
Users are individuals. Each User has their own access. They are prohibited from allowing a third party to use their account or exchange their access with that of another User.
2.2.1 Patient users of professional users
As part of the services they provide to their customers, their professional rehabilitation and/or sports practitioner or occupational health service (hereinafter referred to as the "Prescriber") provides them with access to the Platform.
Users are invited to log in to the Platform by the Prescriber, who will have previously provided AXOMOVE with the email address of the non-professional User.
Following registration, AXOMOVE will send an invitation email to the User. The User must then click on a link in this email to set their personal password, complete and confirm their account.
2.2.2 Non-patient users of professional users
In cases where the User subscribes directly to the Platform service, their insurance company, mutual insurance company or occupational health service will provide them with a link to access the Platform. The User must then set their personal password, complete and confirm their account.
Intellectual property rights
The Platform is operated by AXOMOVE (hereinafter "AXOMOVE"). AXOMOVE is the owner or holder of the rights relating to the components and content of the Platform protected by intellectual property rights. All databases, components, content, presentations and other elements (text, images, photographs, videos, databases, etc.), trademarks, logos and domain names appearing on the Platform are the property of AXOMOVE and, where applicable, its partners, and are protected by the laws in force on intellectual property.
Any reproduction or distribution of these elements without the prior written authorisation of AXOMOVE will expose the infringers to legal proceedings.
Terms of use
4.1 AI chatbot "my health companion" for non-patient users of professional users
This is a conversational agent based on a generative artificial intelligence mechanism exclusively based on therapeutic education content developed by the Axomove therapeutic team and based on the latest scientific publications in the field. Furthermore, the data provided by the User is encrypted and anonymised, making it completely impossible to identify a User directly or indirectly.
By using the "my health companion" AI chatbot service, which is reserved for employees of member companies, beneficiaries of a mutual insurance company or insurance company, as well as individuals who subscribe directly to the service, the User acknowledges that they have read and understood the limitations and responsibilities defined, and agrees to use this service under their own responsibility.
Hypertext links
AXOMOVE has no control over the content of third-party websites. The existence of a hypertext link between the Platform and a third-party website does not mean that AXOMOVE assumes any guarantee or responsibility for its content or the use that may be made of it. AXOMOVE shall not be held liable or jointly liable for the content published and/or hosted on a third-party website to which the Platform redirects via a hyperlink or for content published and/or hosted on a third-party website that creates a link to the Platform.
Use of Google's YouTube and YouTube API services
We provide a selection of YouTube videos as therapeutic educational content for our users.
By accepting our privacy policy, you also accept Google's Privacy Policy and YouTube's Terms of Service.
Protection of Personal Data
For any information relating to the protection of personal data, the cookies used by the Platform and the User's rights regarding the use of their personal data, the User is invited to refer to the "Personal Data Privacy Policy".
Liability
7.1 AXOMOVE's liability
The Platform and any document or content accessible through the Platform are provided "as is", "as available". In addition to the legal guarantees that cannot be waived, AXOMOVE does not provide any express or implied warranty of any kind, including, but not limited to, the suitability of the Platform for a particular purpose, the availability of the Platform, the continuity of access to the Platform (which may be interrupted in any form and for any duration), the security of the Platform, or that the latter are free from errors, anomalies, inaccuracies, failures or bugs, or that these can be corrected. The exemptions included may be supplemented by more specific provisions in the included terms of use.
Unless otherwise required by law, AXOMOVE shall not be liable for any direct or indirect damage related to the use of the Platform, including direct or indirect, material or immaterial damage, in particular loss of profit, loss of opportunity, loss of customers, loss of data, loss of image and/or immaterial damage suffered by you.
AXOMOVE shall in no event be held liable in the event that a non-professional User suffers physical damage resulting from (i) the prescription by a practitioner of unsuitable exercises, (ii) the incorrect performance of the exercises prescribed by the practitioner or (iii) the incorrect performance of exercises carried out by the non-professional User themselves, whether or not suggested by the chatbot, in the event of direct registration on the Platform.
7.2 Liability of professional practitioners
As a rehabilitation and/or sports professional, the Professional User is entirely responsible for any creation, transmission or publication of Content via the Platform and, in particular, for defining the rehabilitation exercises offered to Non-professional Users on the Platform, according to their needs and abilities.
The Professional User undertakes to obtain the explicit written consent of their non-professional Users before reusing any videos in which such non-professional User(s) appear before making them available to other Users via the Platform.
The Professional User assumes full responsibility for the direct and/or indirect consequences of using the Platform and, in particular, of creating Content. Examples of Content and any advice provided by AXOMOVE or generated automatically by the Platform should be considered as opinions only, with the Professional User remaining solely responsible for the creation of Content intended for non-professional Users.
The Professional User is required to take all measures to ensure that the Content created on the Platform for non-Professional Users is appropriate to the current state of knowledge in the field of physical rehabilitation.
Responsibilities related to the use of the AI Chatbot "my health companion"
- Users concerned
The chatbot feature based on artificial intelligence is only available to employees of a company subscribed to the service, beneficiaries of a mutual insurance company or insurance company subscribed to the service, and individuals subscribed directly to the Platform service. This feature is not available to patients or professional practitioners. - Nature of the answers provided
The chatbot provides answers to questions about physical health for informational purposes only. These answers do not constitute a diagnosis or medical advice and are not a substitute for consulting a healthcare professional. - Limitation of liability
Axomove accepts no responsibility for decisions made by the User based on the chatbot's responses. The User accepts that the information provided may not be appropriate for their specific situation. Axomove cannot be held liable for any material or immaterial damage resulting from the use of this service. - Responsible use
The User is solely responsible for the use of the chatbot's responses and is encouraged to consult a healthcare professional before making any decisions regarding their physical health.
Risk limitation measures
Axomove implements risk control measures to minimise errors or inaccuracies in the chatbot's responses. However, no guarantee of completeness or absolute accuracy is given. - Risk mitigation measures
Axomove implements risk control measures to minimise errors or inaccuracies in the chatbot's responses. However, no guarantee of completeness or absolute accuracy is given.
Availability of the Platform
Although AXOMOVE has taken all necessary steps to ensure the reliability of the information, services, software or products contained on the Platform, it cannot be held liable for any errors, omissions, viruses or results that may be obtained through misuse of the same. AXOMOVE is only bound by a simple obligation of means.
The User declares and guarantees that they are aware of the characteristics and limitations of the Internet, and in particular that the transmission of data and information over the Internet is only relatively reliable, as it circulates on heterogeneous networks with varying technical characteristics and capacities, which may disrupt access or make it impossible at certain times.
AXOMOVE endeavours to keep the Platform accessible 24 hours a day, 7 days a week, but is under no obligation to do so and therefore provides no guarantee of permanent availability, accessibility or performance. AXOMOVE and/or its suppliers may also interrupt access, in particular for maintenance and upgrading of the Platform or its hosting infrastructure or for any other legitimate reason on the part of AXOMOVE. AXOMOVE shall not be liable in any way for such interruptions and the consequences thereof for the User or any third party. It is further noted that AXOMOVE may terminate or modify the features of the Platform at any time without prior notice.
Security
AXOMOVE endeavours to ensure the security of the Platform in accordance with best practice. However, the User is informed of the risks inherent in electronic communications networks, in particular the risks associated with the transmission of data over the Internet. More generally, it is the User's responsibility to implement all standard security measures (firewall, antivirus software, etc.) associated with Internet browsing. Consequently, AXOMOVE provides no guarantee in this regard.
In any event, the User shall strictly refrain from any attempt to reverse engineer or decompile all or part of the Platform, from any intrusion or attempted fraudulent intrusion into the information system hosting the Platform and the software enabling its operation, from any breach of trust, misappropriation, deletion, misappropriation or unauthorised modification of the technical data of the Platform, under penalty of prosecution.
Breaches by the User
Any breach by the User of these Terms of Use may result in the suspension or termination of their access to the Platform and expose the offender(s) to legal proceedings.
Modification of the Terms of Use
Any changes we make to these Terms of Use in the future will be posted on this page. The User acknowledges and agrees to tacitly approve any changes to these Terms. AXOMOVE will inform the User upon their first login after any changes to these Terms.
Applicable law
Unless otherwise required by law, any dispute, claim or controversy arising out of or in connection with these Terms of Use shall be governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
