Date of last update: 24/10/2023
The following General Terms and Conditions of Use will apply from October 24, 2023 to all new User Accounts. Accounts created prior to October 24, 2023 remain subject to the previous Terms of Use until November 24, 2023, at which time the present Terms of Use will apply.
The Terms of Use ("TOU") specify the conditions under which you may access and use the Application.
Use of the Application is only possible if you accept the present TOU. They will remain valid for the duration of your use of the Application.
RESILIENCE has developed an Application to provide Users with Content to obtain information about their disease (hereinafter "the Application"). The Application is available for download on terminals running Android or iOS.
Use of the Application alone does not include the medical telemonitoring pathway carried out by a care team.
If you would like to benefit from a telemonitoring pathway, contact your oncologist. The purpose of these General Terms of Use (" GTU ") are intended to define the conditions under which the User is authorized to access and use the Application.
You accept these GCU when you first connect to the Application and they remain applicable for the duration of your use of the Application.
In the event that the User accepts these GCU when he first connects to the Resilience Solution and these remain applicable for the entire duration of his use of the Resilience Solution.
BY USING THE RESILIENCE SOLUTION, YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT ACCEPT THEM, PLEASE DO NOT USE THE RESILIENCE SOLUTION AND CONTACT YOUR HEALTHCARE PROFESSIONAL .
All other conditions are binding on RESILIENCE only after written confirmation from us.
If you live in one of the following countries (Germany and Italy), the GCU may be modified, the modifications can be consulted at the bottom of the present document. In the event of any discrepancy between these GTC and the said modifications, the latter shall replace the GTC below.
In order to access the Application, you must:
- Have an Internet connection with sufficient speed,
- Have a smartphone or tablet,
- Observe minimum configurations.
The Resilience Service is offered over the Internet. To access it, the User must have an Internet connection with sufficient bandwidth and compatible hardware. The Application is only available on an Android or iOS tablet or smartphone. All telephone and Internet connection costs are the sole responsibility of the User.
The User is advised to take note of the minimum system requirements, especially the version of the terminal’s operating system:
- An Android version below 8 ;
- An Android version below 8 ;
-An iOs version below 15 ;
- A very old clamshell Android phone or one with a very small screen.
The network and the chosen hardware or equipment are the sole responsibility of the User. RESILIENCE does not provide the User with any hardware or equipment, in particular a mobile phone or tablet, to connect to the Application and use it.
Creating an Account is necessary to be able to use the Application.
Your personal information must be accurate, verifiable, complete and up to date.
To access the Application, the User must have an Account, which is provided via a phone number (and / or an e-mail address) and a password.
The User must complete and/or validate all identification fields:
- First name,
- Surname,
- E-mail address,
To have an Account, you must be a capable natural person or have the authorisation of your legal representative and be at least eighteen (18) years old.
The Account must comply with the following rules at a minimum
- Your personal information must be accurate, verifiable, complete and up to date.
- Account connection information (times, country, Internet service provider, prohibition of proxies) must correspond to the normal use of a user account.
The User only has the right to access the Application, which remains the property of RESILIENCE.
The login details (e-mail and / or phone number, password) that you use to access the Application are personal and confidential.
In the event of unauthorised or suspicious use, you must immediately notify RESILIENCE at: support@resilience.care.
All operations performed using your login details will be considered as having been performed by you.
Login details (e-mail and/or telephone number, password) are intended to restrict access to the Application to Users only, to protect the integrity and availability of the Application, as well as the integrity, availability and confidentiality of Personal Data transmitted via our Application.
Login details are personal and confidential.
It is the Users’ responsibility to preserve the confidentiality of their login details, to ensure the accuracy of their Personal Data which appears in the Application (especially for identification purposes) and to immediately notify RESILIENCE in the event of unauthorised or suspicious use to: support@resilience.care.
All operations performed in the Application using Users’ login details are deemed to originate from Users.
You are responsible for your Account. Therefore:
- You must not give access to your Account to any other person or share your login details with anyone else ;
- You must take precautions to prevent third parties from accessing your Account without your authorisation ;
- You may only use your own Account.
RESILIENCE is not responsible for your use of your Account.
In order to guarantee the security of your Account and prevent any misuse, you agree to:
- Not give access to your Account to an unauthorised third party. Lending, sharing, exchanging, donating, buying, transferring and/or selling Accounts is prohibited. Any such action will not be enforceable against RESILIENCE ;
- Take all measures to prevent an unauthorised third party from being able to access the Account to which you are connected, even without your knowledge ;
- Not use another User’s Account ;
Account security is the sole responsibility of Users. RESILIENCE shall not be held responsible for any damage that a User, an Account or a mobile terminal may suffer as a result of the loss, fraudulent or unauthorised access or sharing of login details.
RESILIENCE shall in no way be held responsible in the event of Account usurpation or any alteration that an Account may undergo.
You can modify and update your Account data directly from the Application.
You remain responsible for the data and information you provide when using the Application and in particular for its accuracy.
The Users can modify and update the data relating to their Account.
The Users acknowledge that they alone and not RESILIENCE, are responsible for the data provided and other information exchanged, in compliance with these Terms and the applicable laws and regulations.
The essentialsAn Account is active from the acceptance of the GTUs. It is automatically archived if it is not used for 24 months.
If you wish to delete your Account, you can contact RESILIENCE:
- Use the following e-mail address: privacy@resilience.care
- Or to the following postal address: RESILIENCE - for the attention of the Data Protection Officer - 6, rue d'Armaillé - 75017 Paris (France).
Your Account will then be deleted or archived to fulfil our obligations.
The Account is provided to the Users from the moment they accept these GTUs and for the entire period during which they use the Application.
If the Account is not used for a period of 24 months, it is deleted or archived to fulfil our obligations.
For any request concerning the deletion of a User Account, the User can contact RESILIENCE at privacy@resilience.care or at the following postal address: RESILIENCE – for the attention of the Data Protection Officer – 6, rue d’Armaillé – 75017 Paris (France).
You must comply with the rights and obligations set out in these GTUs.
You may not use the Application under terms not provided for in these GTUs. Otherwise, RESILIENCE may immediately suspend your Account. For example, you may not reproduce all or part of the Application
The User must use the Application in accordance with its intended purpose and its documentation as well as under normal terms of use.
The User is not authorised to use devices, programs, algorithms or other automatic methods such as “deep linking”, “page scraping”, “robot” or “spider” or any other similar or equivalent manual process, to access, acquire, copy or monitor any part of the Application or its Content, nor to reproduce or circumvent the navigational structure or presentation of the Application in order to obtain or attempt to obtain data, documents or information by means not voluntarily provided to you by RESILIENCE.
The User must use the Application in accordance with its intended purpose and its documentation as well as under normal terms of use.
The User is not authorised to use devices, programs, algorithms or other automatic methods such as scraping, crawling, deep linking or any other similar or equivalent manual process, to access, acquire, copy or monitor any part of the Application, including its Content, nor to reproduce or circumvent the structure or presentation of the Application in order to obtain or attempt to obtain data, documents or information by means not voluntarily provided by RESILIENCE.
The User must not attempt illicitly to access any section or feature of the Application or any other system or network connected to the Application or to a RESILIENCE server or the services provided by RESILIENCE, by hacking or any other illicit means.
The User must not attempt to investigate, analyse or test the vulnerability of the Application or any network connected to the Application, nor breach the security and authentication measures implemented in the Application or networks connected to the Application.
Information available on the Application may not be re-used.
The User undertakes not to take any action that would impose an excessive or unreasonable load on the infrastructure of the Application or RESILIENCE’s systems or networks or any system or network connected to the Application.
The User must not use the Application or its Content for any purpose that is unlawful or prohibited by these GTUs or to encourage any illegal activity or other activity infringing the rights of RESILIENCE or third parties. The User acknowledges that they are solely responsible for how they use the Application. Any misuse of the Application or use that does not comply with its purpose, its documentation and these GTUs, including but not limited to any disclosure of confidential data or data covered by professional secrecy, is deemed to constitute a sufficiently serious breach on the part of the User to entitle RESILIENCE to immediately suspend, without notice or formality of any kind, the rights granted to the User under these GTUs.
The User may also be subject to civil or criminal proceedings in application of these GTUs and any applicable laws and regulations.
RESILIENCE only grants you the right to use the Application on a personal basis.
The Content of the Application is the sole property of RESILIENCE and may not be copied or re-shared without RESILIENCE’s prior consent.
The Application is the exclusive property of RESILIENCE. It is protected under applicable law, especially with regard to its know-how, architecture, presentation, database, files, images, audio files, trademarks, computer code, etc.
All of the Content, texts, information, graphics, user interfaces, visual interfaces, images, videos, audio files, music, illustrations, data, interfaces, trademarks, logos and computer code, especially the design, structure, selection, co-ordination, expression, appearance and user-friendliness, presentation and arrangement of this Content, appearing in the Application, is owned, controlled or granted under licence by or to RESILIENCE and is protected by all applicable legislation on intellectual property and unfair competition. RESILIENCE reserves all rights not expressly described in these Terms.
RESILIENCE grants the User a limited, personal, unique, non-exclusive and non-transferable, non-assignable licence to access and use the Application and its Content. This licence is subject to compliance with the rules provided for in these GTUs. Using the Application does not give the User any right of ownership over it or its Content.
The User acknowledges that any violation of this article constitutes an infringement punishable under civil and criminal law.
RESILIENCE reserves the right to monitor your use and revoke your licence or access to the Application Content at any time and for any reason.
Unless expressly stated otherwise in these GTUs, no part of the Application or any Content may be copied, reproduced, modified, republished, downloaded, published, publicly displayed, encoded, translated, transmitted or distributed in any way ̧ (including by “mirroring”) on any other computer, server, website or publication or distribution media or for any commercial undertaking whatsoever, without RESILIENCE’s prior written consent.
It is recalled that all information, data, content of the Application remain the sole property of RESILIENCE or its partners authorised to publish said Content.
RESILIENCE will endeavour to ensure that the Application operates properly and to provide 24/7 access thereto.
However, RESILIENCE is only bound by an obligation of means and does not guarantee that the Application will operate without any interruption or error.
RESILIENCE will endeavour to ensure that the Application operates properly and to provide 24/7 access thereto.
Nevertheless, the Application is provided to the User “as is”. RESILIENCE does not guarantee that the Application will operate without any interruption or error.
RESILIENCE only has an obligation of means regarding access and use of the Application. The User acknowledges that interruptions may occur especially in the event of maintenance, network or server malfunction, technical incidents, events out of RESILIENCE’s control, etc.
RESILIENCE or its affiliates may temporarily interrupt the Application for maintenance, testing, repair or any other reason related to the improvement and operation of the Application, without any liability on their part.
RESILIENCE cannot guarantee that the functionalities provided by the Application will always be available or not contain any typographical, technical or other errors, that defects will be corrected or that the services or servers hosting it are free of viruses or bugs.
The Content provided to the Users does not constitute medical advice and does not exempt the Users from consulting their physician. RESILIENCE and its partners cannot fully guarantee the reliability of the Content provided to each User as being fully adapted to their pathology. More specifically, RESILIENCE shall not be held responsible in the event that the Users do not obtain clinical results when using the Application.
The essentialsRESILIENCE shall not be liable for any unavailability, interruption or malfunction of the Application, or for any other damages resulting from the use of the Application.
RESILIENCE may suspend access to the Application for operational, security or maintenance reasons.
RESILIENCE shall not be held responsible if the Application is unavailable, interrupted or malfunctioning, for any reason whatsoever and especially in the event of a failure of its Internet access provider, its host, intrusion by a third party or force majeure.
RESILIENCE cannot be held responsible for any inconvenience or damage resulting from the use of the Internet, such as the presence of computer viruses or malicious code.
RESILIENCE and its affiliates may at any time interrupt or suspend access to all or part of the Application, especially for operational or maintenance reasons, as well as modify, suspend or delete the Application and terminate its publication on the Internet without Users being entitled to claim any compensation whatsoever.
In addition, RESILIENCE shall in no way be held responsible for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use and/or operation of an interruption or malfunction of the Application.
The User shall not hold RESILIENCE responsible for any loss, claim, dispute, damage or expense claimed by a third party or by another User as a result of its use of the Application.
UNDER NO CIRCUMSTANCES SHALL RESILIENCE BE HELD RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE TO THE USER AND/OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS, INACCURACY OR CORRUPTION OF FILES OR DATA.
Consequently, it is the User’s responsibility to take all appropriate measures to minimise the damaging consequences specifically related to a possible interruption of operations or a possible loss of data generated by the Application as a result of its use.
You are solely responsible for the data and information you enter in the Application.
The Content provided in the Application is not medical advice. If you need medical advice, please consult a physician.
We cannot be held responsible if no clinical results are observed.
RESILIENCE shall not be considered responsible for the information, documents or data provided by the User in the Application. The User accepts and acknowledges that they are solely responsible for the information and data that they have entered directly as part of the Application.
The Content provided to the Users does not constitute medical advice and does not exempt the Users from consulting their physician. RESILIENCE and its partners cannot fully guarantee the reliability of the Content provided to each of the Users as being fully adapted to their pathology. More specifically, RESILIENCE shall not be held responsible in the event that the User does not obtain clinical results when using the Application.
The Users are solely responsible for how they use the information, programmes and services provided by RESILIENCE via the Application. Before using the services of the Application, the Users must seek the advice of their healthcare professional.
IN THE EVENT OF AN EMERGENCY, IT IS YOUR RESPONSIBILITY TO CONTACT THE APPROPRIATE EMERGENCY SERVICES IN YOUR COUNTRY AND IN PARTICULAR TO CONTACT THE FOLLOWING NUMBERS WITHOUT DELAY:
- European Union: 112
- United States: 911
- United Kingdom: 999
You are solely responsible for exchanges made outside the Application with other Users.
Content or services provided by third parties are the responsibility of the third-party providers of the service or content.
When using the Application or via the latter, the User may be required to use services or access content provided by third parties. RESILIENCE declines all responsibility for said services and content, with which it has no connection, the third-party supplier of the service or content being solely responsible to the User.
RESILIENCE can in no case be held responsible for any damage occurring in relation to exchanges performed outside the Application, even between Users.
RESILIENCE collects and processes your Personal Data when you use the Application.
For more information on this use and on your rights, please consult our Privacy Policy, which is annexed to the GTUs.
RESILIENCE may collect and process some of the Users’ Personal Data under the terms of our Privacy Policy, which is an integral part of these GTUs. The Users are advised to consult the Privacy Policy for further information on the applicable terms and conditions governing the collection and processing of their Personal Data, as well as their rights under the applicable regulations.
RESILIENCE implements appropriate technical protection measures in accordance with the applicable legal and regulatory requirements.
As provided for in the General Data Protection Regulation (GDPR), you have the right to:
- Access,
- Rectification,
- Deletion of your Personal Data,
-To limit or object to their processing,
- To define directives concerning the conservation, deletion and communication of your Personal Data after your death,
- To the portability of your Personal Data
You can exercise these rights with RESILIENCE at the following address:To the following email address:
- privacy@resilience.care
-Or to the following postal address: RESILIENCE - for the attention of the Data Protection Officer - 6, rue d'Armaillé - 75017 Paris (France).Under the conditions set out in Act no. 78-17 of January 6, 1978 as amended (the "Data Protection Act") and Regulation (EU) no. 2016/679 of April 27, 2016 (the "General Data Protection Regulation" or "GDPR"), the User has the right to access, rectify, to delete their Personal Data, to limit or object to its processing, to withdraw their consent, the right to define directives relating to the retention, deletion and communication of their Personal Data after death, as well as the right to portability of their Personal Data.
These rights may be exercised by contacting RESILIENCE at: privacy@resilience.care, or at the following postal address: RESILIENCE - A l'attention du Délégué à la protection des données - 6, rue d'Armaillé - 75017 Paris (France).
If you feel that your rights have not been respected or that the response provided is unsatisfactory, he may lodge a complaint with the competent data protection authority, the list of which is available by following this link (in France, the Commission nationale de l'informatique et des libertés - CNIL). The list of European authorities is available by following this link: https: //edpb.europa.eu/about-edpb/about-edpb/members_en
The health-related information collected by RESILIENCE is stored in France by a certified host, OVH.
The Personal Data collected when you use the Application is hosted by OVH and CleverCloud, certified healthcare data hosts.
If you fail to comply with these GTUs, RESILIENCE may terminate or restrict your use of and access to the Application.
In the event of a breach of one or more provisions of these GTUs or any other document drawn up or communicated by RESILIENCE and accepted by the User, RESILIENCE reserves the right to terminate or restrict, without any prior warning and at its sole discretion, the User’s use of and access to the Application, to their Account and to any other RESILIENCE services to which they may have access.
These GTUs may be modified by RESILIENCE, you will be informed of their modification.
If you do not agree with the new GTUs, you may object within 8 days of receiving notification at support@resilience.care.
RESILIENCE reserves the right to modify these GTUs at any time, especially to take into account changes to the Application or the Services or legal and/or regulatory developments, subject to thirty (30) days’ notice as from the notification of the change.
The Parties agree that the notice period does not apply in the event that RESILIENCE:
- must comply with a legal or regulatory obligation that requires it to modify the GTUs within a very short period of time or immediately;
- must exceptionally modify the GTUs to deal with an unforeseen and imminent danger related in particular to fraud, malicious software, spam, a data breach or other cybersecurity risk;
- may make editorial changes to these GTUs, insofar as such changes do not alter the content or meaning of these GTUs.
Each modification will take effect as soon as it is posted online in the Application. RESILIENCE undertakes to inform Users prior to any substantial modification of the GTUs by e-mail or by a publication in the Application.
Once the User has been notified of the modifications, continued use of the Application will constitute acceptance of the GTUs.
Please take note of all modifications and if you do not agree with them, please stop using the Application.
If you do not agree with the modifications made to the new GTUs, please submit your objection within eight (8) days of receiving the notification to support@resilience.care. Further to your objection, your account will be suspended on the date on which the modification comes into effect, before your Healthcare Professional is informed and your Account will be deleted according to the terms set out in Article 3.6.
The Application may be modified at any time, especially with regard to changes to or deletion of its functionalities.
You will be informed by e-mail or by a publication in the Application.
RESILIENCE and its affiliates are free to add, modify and/or delete functionalities or some of their characteristics or terms of use.
RESILIENCE will inform the Users beforehand by e-mail or by a publication in the Application.
If you wish to dispute the interpretation, validity or consequences of these GTUs, please firstly contact RESILIENCE at the following address: support@resilience.care.
Notwithstanding the country from which the User accesses the Application, these GTUs are exclusively governed by French law.
The French version prevails over any other version of the GTUs.
Given the global dimension of the Internet network, it is recalled that Users must also comply with the rules applicable to the territory from which they consult or use the Application. Users are therefore reminded that it is their responsibility to check in advance the legality of the actions they perform via the Application with regard to the laws and regulations in force in the territory from which they perform said actions and operations.
RESILIENCE and the User must perform their obligations in perfect good faith.
In the event of a dispute or claim from the User or a third party relating to the use of the Application, only the version of these GTUs, accessible from the Application, will be binding between the parties, regardless of the date of the disputed facts.
In the event of a dispute relating to the interpretation, validity and consequences of these GTUs, the User is advised to first contact RESILIENCE support at: support@resilience.care.
You agree that all disputes, claims and legal proceedings arising directly or indirectly from the Application shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.
Should any provision of the GTUs prove to be invalid in whole or in part, this invalidity will not affect the validity of the remainder of the GTUs.
Should any provision of the GTUs prove to be invalid in whole or in part, this invalidity will not affect the validity of the remainder of the GTUs. In such a case, the parties will, if possible, replace the unlawful provision with a lawful provision corresponding to the spirit and purpose of the terms.
If you live in one of the following countries, these deviating conditions will apply to you and will take precedence over the provisions of the GCU.
1. GERMANY
2. ITALY
The conditions set out in Article 4 "Use of the Application" are supplemented by : "RESILIENCE shall not be liable for any damages (except for intentional acts or wrongful negligence and personal injury caused by RESILIENCE) that you may suffer as a result of your use or inability to use the Application."
Paragraph 1 of Article 10 "Modification of the GTUs" is modified as follows: "RESILIENCE may modify these GTUs, and changes may then be made to these terms of use so that they correctly and accurately reflect the Application. "
The conditions set out in article 12.1 "Applicable law - Dispute" are supplemented by: "All claims must be made within two (2) years of the claim being made."The conditions set out in Article 4 "Use of the Application" are supplementedby: "RESILIENCE is not liable for any damages you may suffer as a result of your use or inability to use the features of the Application, except in the case of fraud or gross negligence on the part of RESILIENCE."
RESILIENCE (ou « nous ») désigne la société RESILIENCE, société par actions simplifiée au capital de 16.609,81 euros, enregistrée au RCS de Paris sous le numéro 893 834 713 et dont le siège est situé 6, rue d’Armaillé – 75017 Paris (France), commercialisant la Solution Resilience.
Les CGU sont les présentes Conditions Générales d’Utilisation en vigueur pour toute la durée de mise en ligne de la Solution Resilience.
L’Utilisateur (ou « vous ») est la personne physique utilisant la Solution Resilience. Il peut s’agir d’un Patient ou d’une personne autorisée par celui-ci.
Le Patient est toute personne physique pris en charge par un Professionnel de santé bénéficiant d’un accès à la Solution Resilience. Le Patient est considéré par défaut comme un non professionnel de santé.
Le Professionnel de santé est le membre de l’équipe de soins du Patient exerçant au sein de son Établissement ou à l’extérieur de celui-ci et participant à sa prise en charge médicale.
L’Établissement désigne tout établissement de santé participant à la prise en charge du Patient et ayant conclu ou non un contrat avec RESILIENCE, l’un de ses affiliés ou l’un de ses distributeurs, en vue de la fourniture de la Solution Resilience aux Patients.
L’Application désigne l’application mobile Resilience Care développée par RESILIENCE et accessible dans le cadre de la Solution Resilience. Il s’agit d’un outil d’accompagnement des Patients mettant notamment à disposition du contenu personnalisé et des programmes de bien-être.
Le Contenu désigne notamment l’ensemble des textes, informations, graphiques, images, vidéos, sons, musiques, illustrations, données, interfaces, marques commerciales, logos et codes informatiques de la Solution Resilience
BETTERISE, désigne la société BETTERISE TECHNOLOGIES, société par actions simplifiée au capital de 6.315,00 euros, enregistrée au RCS de Bayonne sous le numéro 791 307 309 et dont le siège est situé 24, Avenue Victor Hugo – 64200 Biarritz, fabricant le module de télésurveillance Oncolaxy.
Un Compte désigne le compte individuel créé par les Utilisateurs afin d’avoir accès et d’utiliser la Solution Resilience.
Un Tiers Autorisé est toute personne physique autorisée par le Patient à accéder à la Solution Resilience et y renseigner pour son compte toutes informations le concernant dans le cadre de sa prise en charge médicale. Il peut, par exemple, s’agir d’un aidant.
Les Données Personnelles sont toute information permettant de vous identifier. Elles comprennent notamment le nom, prénom, et les données sur l’état de santé du Patient.
