Date of last update: 13/08/2024
The Resilience Solution, marketed by RESILIENCE, is offered to Patients by their Healthcare Professionals as part of their medical care.
The General Conditions of Use ("GCU") specify the conditions under which you can access and use the Resilience Solution.
The use of the Resilience Solution is only possible if you accept the present GCU.
RESILIENCE offers a patient experience solution to improve medical care.
The Resilience Solution is offered to Patients by Healthcare Professionals as part of their medical care.
The purpose of these General Terms of Use ("GTUs") is to define the conditions under which the User (or "you") is authorized to access and use the Resilience Solution.
These GTUs represent a binding agreement between the User and RESILIENCE. You accept these GTUs when you first connect to the Resilience Solution and they remain applicable for the duration of your use of the Resilience Solution.
If you do not have the required capacity, your legal representatives must accept the GTUs.BY USING THE RESILIENCE SOLUTION, YOU ACCEPT THESE TERMS OF USE; IF YOU DO NOT ACCEPT THE TERMS OF USE, PLEASE DO NOT USE THE RESILIENCE SOLUTION AND CONTACT YOUR HEALTH CARE PROFESSIONAL.
The GCU apply subject to the specific provisions in the agreement binding RESILIENCE to your Establishment.
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 GTUs may be modified, and the modifications may be consulted at the bottom of the present document. In the event of any discrepancy between these GTUs and the said modifications, the latter shall replace the GTUs below.
RESILIENCE (or "we") refers to the company RESILIENCE, a simplified joint stock company with a capital of 16,610.17 euros, registered with the RCS of Paris under number 893 834 713, with VAT number FR67893834713 and whose registered office is located at 6, rue d'Armaillé - 75017 Paris (France), marketing the Resilience Solution.
The GTUs are the present General Conditions of Use in force for the entire time the Resilience Solution is online.
TheUser (or "you") is the physical person using the Resilience Solution. This may be a Patient or a person authorized by the Patient.
The Patient is any natural person under the care of a Healthcare Professional benefiting from access to the Resilience Solution. By default, the Patient is considered to be a non-healthcare professional.
The Health CareProfessional is a member of the Patient's care team, working within or outside his or her Establishment and participating in the Patient's medical care.
The Establishment refers to any healthcare establishment involved in the Patient's care and which may or may not have signed a contract with RESILIENCE, one of its affiliates or one of its distributors, with a view to supplying the Resilience Solution to Patients.
The Resilience Solution does not support emergency situations.
In the event of an emergency, please call immediately :
Please read the Resilience Solution user manual for more information.
UNDER NO CIRCUMSTANCES DOES THE RESILIENCE SOLUTION ALLOW EMERGENCY SITUATIONS TO BE HANDLED BY MEDICAL PROFESSIONALS. IN THE EVENT OF AN EMERGENCY, IT IS YOUR RESPONSIBILITY TO CONTACT THE APPROPRIATE EMERGENCY SERVICES IN YOUR COUNTRY, AND IN PARTICULAR TO CALL :
You are expressly invited to read carefully the instructions in the user manual accompanying the Resilience PRO Module (described below). It is prudent and recommended that you seek the advice of your Health Care Professional, given the nature of the Resilience Solution.
The Resilience Solution is made up of the Resilience PRO remote monitoring module and the Resilience Care mobile application.
The Resilience Solution enables you, as a Patient, to complete a questionnaire in order to provide Healthcare Professionals with regular remote feedback on your state of health, and to benefit from content tailored to your symptoms, as well as supportive care programs.
The Resilience Solution is not intended to replace a medical consultation. The information provided on the Resilience Solution is intended to enhance, not replace, the relationship between the Patient and the Health Care Professionals.
Check with your Health Care Professional that you have no contraindications before carrying out the proposed exercises.
The Resilience Solution complements the IT tools of Healthcare Professionals and/or Facilities with remote monitoring and support functionalities for Patients affected by cancer thanks to two main functionalities:
Use of the Application is optional to benefit from remote monitoring. The follow-up questionnaire can be completed by SMS or email. If you do not want to receive your medical questionnaire by text messages, please ask your physician to opt out. You will then receive your questionnaire by email.
The information provided in the Resilience Solution is intended to improve, not replace, the relationship between the Patient and the Professionals. The Resilience Solution is not intended to replace a medical consultation. RESILIENCE ensures the quality of the Content (texts, videos, podcasts) it publishes on the Application. Nevertheless, RESILIENCE and the creators of the Content accept no responsibility for the accuracy, timeliness and completeness of the Content, nor for any inconvenience or problems arising from the use of this information and the exercises offered.
The Content is provided for information purposes only and is not intended for medical purposes. The Content is not intended to replace individual medical advice given by a Healthcare Professional.
In particular, the Patient is invited to check with his/her Healthcare Professional whether he/she can safely carry out the physical exercises proposed by RESILIENCE. By participating, the Patient certifies that he/she has no medical contraindications to these exercises.
If the Patient has any questions about his/her state of health, he/she should consult his/her Healthcare Professional without delay. If he or she is feeling unwell, or in the event of a medical emergency, he or she should call the emergency services immediately.
The medical treatments described or mentioned in the Content are not intended to serve as advertising.
The Application refers to the Resilience Care mobile application developed by RESILIENCE and accessible as part of the Resilience Solution. It is a support tool for Patients providing, in particular, personalized content and wellness programs.
Content refers, in particular, to all texts, information, graphics, images, videos, sounds, music, illustrations, data, interfaces, trademarks, logos and computer codes of the Resilience Solution.
The Resilience Solution includes a remote monitoring module called Resilience PRO.
Resilience PRO is subject to strict European regulations.
The telemonitoring module integrated into the Resilience Solution is marketed under the name Resilience PRO.
Resilience PRO, a class IIa medical device, is a regulated healthcare product certified as "medical software for monitoring and clinical decision support in oncology", and bears the CE 0459 mark under this regulation. It is manufactured by RESILIENCE MD and distributed by RESILIENCE within the Resilience Solution.
It is manufactured by RESILIENCE MD and distributed by RESILIENCE as part of the Resilience Solution.
The Resilience Solution, including the Resilience PRO module, is designed to be supported by public or private financing systems.
RESILIENCE MD, a simplified joint stock company with capital of 6,315.00 euros, registered with the Bayonne Trade and Companies Register under number 791 307 309 and headquartered at 24, Avenue Victor Hugo - 64200 Biarritz, manufactures the Resilience PRO remote monitoring module.
To access the Resilience Solution, you must :
As the Resilience Solution is offered over the Internet, Users must have an Internet connection with sufficient bandwidth and compatible hardware to access it. The Application is only available on tablets or smartphones running Android or iOS. All telephone and Internet connection costs are the sole responsibility of the User.
The User is invited to take note of the minimum system requirements. The Resilience Solution cannot be downloaded by Users with :
The network and hardware chosen by the User are under his/her sole responsibility. RESILIENCE does not provide Users with any material means, in particular telephone installation or terminal, to connect to and use the Resilience Solution.
To be able to use the Resilience Solution, you must create an Account, followed by identification and authentication.
To create your Account, you must be invited by a Healthcare Professional and fill in and/or validate all the identification information requested.
Your personal information must be accurate, verifiable, complete and up to date.
To access the Resilience Solution, the User must have an Account, made available via a telephone number (and/or email address) and a password.
The Account is created by the Healthcare Professional. The User must then complete and/or validate all the fields concerning his or her identification and, where applicable, that of the Patient.
To have an Account, you must be a capable natural person, or benefit from an authorization from your legal representative, and be at least eighteen (18) years of age.
The Account must comply with at least the following rules:
The User only has a right of access to the Resilience Solution which remains the property of RESILIENCE.
An Account is the individual account created by Users in order to access and use the Resilience Solution.
Your identifiers (email and/or telephone number, password) which allow you to access the Resilience Solution are personal and confidential.
In the event of unauthorized or suspicious use, you must immediately notify Resilience at: support@resilience.care.
All operations carried out with your identifiers will be considered as having been carried out by you.
Identifiers (email and/or telephone number, password) are intended to restrict access to the Resilience Solution to Users only, to protect the integrity and availability of the Resilience Solution, and the integrity, availability and confidentiality of Personal Data transmitted via our Solution.
They are personal and confidential. Users are responsible for maintaining the confidentiality of their identifiers, for ensuring the accuracy of the Personal Data concerning them contained in the Resilience Solution (in particular for identification purposes) and for immediately notifying RESILIENCE in the event of unauthorized or suspicious use at: support@resilience.care. All operations carried out in the Resilience Solution using User identifiers are deemed to have been initiated by the Users themselves.
You are responsible for your Account. Therefore:
RESILIENCE is not responsible for your use of your Account.
The Authorized Third Party undertakes to have obtained your consent whenever necessary.
In order to guarantee the security of your Account and avoid any usurpation, you agree to :
If the User is a Third Party Authorized to manage the Account, he/she undertakes not to divulge any information entered in the Resilience Solution to which he/she may have access. The Authorized Third Party agrees to have obtained your consent to use the GutyCare Solution whenever necessary.
Account security is the sole responsibility of Users. RESILIENCE cannot be held responsible for any damage that a User, Patient, Account, computer or mobile terminal may suffer as a result of the loss, fraudulent or unauthorized access or sharing of identifiers.
RESILIENCE cannot be held responsible in any way for Account usurpation or any alteration that may be made to an Account.
An Authorized Third Party is any natural person authorized by the Patient to access the Resilience Solution and enter on his or her behalf any information concerning him or her in the context of his or her medical care. This person may, for example, be a caregiver or a healthcare professional.
You can modify or update your data by contacting your Healthcare Professional directly. You remain responsible for the data and information you communicate using the Resilience Solution, and in particular for their accuracy.
If you manage an Account for a Patient, you undertake to obtain his/her agreement.
The User may modify and update the data relating to his/her Account by contacting the Healthcare Professional directly.
The User acknowledges that he/she alone, and not RESILIENCE, is responsible for the data entered and other information exchanged, and that he/she must use the Resilience Solution in compliance with these GTUs and applicable laws and regulations. The data entered must be accurate, verifiable, complete and up to date.
If the User manages an Account and enters data for a Patient in the Resilience Solution, he certifies that he has obtained the Patient's prior consent.
An Account is active from the moment of acceptance of the GTUs. It is automatically archived if not used for 24 months. If you wish to delete your Account, please contact :
Your Account will then be archived for ten (10) years to meet our regulatory obligations before final deletion.
The Account is made available to the User from the moment of acceptance of the present GTUs and for the entire duration of use of the Resilience Solution.
If the Account is not used for a period of 24 months, it will be archived for a period of ten (10) years. In the event of a recurrence or a medically justified need, you may submit a restoration request to RESILIENCE, in order to recover the contents of the Account or its information.
For any request to delete your Account, you may contact :
You must respect the rights and obligations arising from the present GTU.
You may not use the Resilience Solution under conditions not provided for in the present GTU. Should you do so, Resilience may immediately suspend your Account.
The User must use the Resilience Solution in accordance with its intended purpose and documentation and under normal conditions of use.
The User may not use devices, programs, algorithms or other automatic methods such as scraping, crawling, deep linking, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Resilience Solution, including Resilience PRO, or its Content, nor reproduce or circumvent the structure or presentation of the Resilience Solution to obtain or attempt to obtain data, documents or information by means not voluntarily made available by RESILIENCE.
The User shall not attempt to gain unauthorized access to any section or functionality of the Resilience Solution, or to any other system or network connected to the Resilience Solution or to a RESILIENCE or RESILIENCE MD server, or to the services offered by RESILIENCE, by hacking or any other unauthorized means.
The User shall not attempt to probe, analyze or test the vulnerability of the Resilience Solution or any network connected to the Resilience Solution, nor breach the security and authentication measures implemented in the Resilience Solution or networks connected to the Resilience Solution.
No reuse of information available on the Resilience Solution is authorized.
The User agrees not to take any action that would impose an excessive or unreasonable load on the infrastructure of the Resilience Solution or RESILIENCE's or RESILIENCE MD's systems or networks, or any system or network connected to the Resilience Solution, RESILIENCE or RESILIENCE MD.
The User shall not use the Resilience Solution or its Content for any purpose that is unlawful or prohibited by these TOS, or to encourage any illegal or other activity that infringes the rights of RESILIENCE or third parties.
The User acknowledges that he/she is solely responsible for the use made of the Resilience Solution. Any misuse of the Resilience Solution or use not in accordance with its intended purpose, its documentation and these GTC, including but not limited to any disclosure of confidential data or data covered by professional secrecy, shall be 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 GTC. The User may also be subject to civil or criminal prosecution in application of these GCU and any applicable laws and regulations.
RESILIENCE only grants you the right to make personal use of the Resilience Solution.
The Resilience Solution and the Content are the sole property of RESILIENCE, and may not be copied or redistributed without the prior written consent of RESILIENCE.
Content refers in particular to all texts, information, graphics, images, videos, sounds, music, illustrations, data, interfaces, trademarks, logos and computer codes of the Resilience Solution.
The Resilience Solution is the exclusive property of RESILIENCE. It benefits from the protection granted by applicable law, in particular on its know-how, its architecture, its presentation, its database, its files, images, sounds, trademarks, computer codes, etc.
Resilience PRO is the exclusive property of RESILIENCE MD and benefits from the protection granted by applicable law, in particular on its know-how, its architecture, its presentation, its database, its files, images, sounds, trademarks, computer codes, etc. RESILIENCE MD has granted its economic rights to RESILIENCE within the framework of an operating license. RESILIENCE MD has granted its economic rights to RESILIENCE under an operating license.
All Content, text, information, graphics, user interfaces, visual interfaces, images, video, sound, music, illustrations, data, interfaces, trademarks, logos and computer code, including the design, structure, selection, coordination, expression, look and feel, presentation and arrangement of such Content, contained in the Resilience Solution, is owned, controlled or licensed by or to RESILIENCE, and is protected by all applicable intellectual property and unfair competition laws.
RESILIENCE grants the User a limited, personal, unique, non-exclusive and non-transferable, non-assignable license to access and use the Resilience Solution (including the Resilience PRO module, the Application and their Content). This license is subject to compliance with the rules set out in these GCU. The use of the Resilience Solution does not entail for the User any right of ownership on this one or its Contents.
The User recognizes that any violation of the present article constitutes an act of counterfeit sanctionable civilly and criminally.
RESILIENCE reserves the right to control your use and to revoke your license or your access to the Contents of the Application at any time and for any reason.
Except as expressly stated in these TOU, no part of the Resilience Solution or any Content may be copied, reproduced, modified, republished, downloaded, published, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") on any other computer, server, website or medium for publication or distribution, or for any commercial enterprise whatsoever, without the prior written consent of RESILIENCE.
It is reminded that all information, data, contents of the Resilience Solution remain the sole property of RESILIENCE or its partners authorized to publish said Content on or via the Resilience Solution.
RESILIENCE will do everything in its power to ensure that the Resilience Solution functions correctly and provides access 24 hours a day, 7 days a week.
RESILIENCE is however only bound by an obligation of means and does not guarantee that the Resilience Solution will function continuously and without error.
RESILIENCE will do its utmost to ensure the proper functioning of the Resilience Solution and to provide 24/7 access to it. Nevertheless, the Resilience Solution is provided to the User "as is". RESILIENCE does not guarantee that its operation will be continuous or error-free.
RESILIENCE has only an obligation of means concerning access to and use of the Resilience Solution. The User acknowledges that interruptions may occur, in particular in the event of maintenance, malfunction of the network or servers, technical hazards, events beyond the control of RESILIENCE, etc.
For reasons of maintenance, testing, repair or any other nature related to the improvement and operation of the Resilience Solution, the latter may be temporarily interrupted by RESILIENCE or its affiliates, without their liability being incurred.
RESILIENCE cannot guarantee that the functionalities offered by the Resilience Solution will always be available or without typographical, technical or other errors, that defects will be corrected or that the services or servers hosting it are free of viruses or bugs.
Please note that RESILIENCE cannot guarantee that a Healthcare Professional or our support will be available to process your questionnaire or answer your questions at all times, and no commitment is made in this respect. UNDER NO CIRCUMSTANCES DOES RESILIENCE'S SOLUTION PERMIT THE MANAGEMENT OF EMERGENCY SITUATIONS.
The Content provided to the User does not constitute medical advice and does not exempt the Patient from consulting his or her Health Professional. RESILIENCE and its partners cannot fully guarantee the reliability of the Content proposed to each Patient as being fully adapted to his/her pathology. In particular, RESILIENCE cannot be held responsible for the absence of clinical results for the Patient when using the Resilience Solution.
RESILIENCE does not guarantee against and cannot be held responsible for the loss or alteration of files or data that the User transfers to his Account or to the Healthcare Professional from the Resilience Solution.
RESILIENCE cannot be held responsible in the event of unavailability, interruption or malfunction of the Resilience Solution, or for any other damage resulting from the use of the Resilience Solution.
RESILIENCE may suspend access to the Resilience Solution for operational, security or maintenance reasons.
RESILIENCE cannot be held responsible for the unavailability, interruption or malfunctioning of the Resilience Solution, for any reason whatsoever and in particular in the event of 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 inherent in the use of the Internet network, such as in particular the presence of computer viruses or malicious code.
RESILIENCE and its affiliates are free at any time to interrupt or suspend access to all or part of the Resilience Solution, in particular for operational, security or maintenance reasons, as well as to modify, suspend, delete the Resilience Solution and terminate its publication on the Internet network without Users being entitled to claim any compensation whatsoever.
In addition, RESILIENCE shall in no event be liable for any loss, injury or indirect damage of any nature whatsoever resulting from the management, use and/or operation of an interruption or malfunction of the Resilience Solution.
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 Resilience Solution.
UNDER NO CIRCUMSTANCES SHALL RESILIENCE BE LIABLE FOR ANY INDIRECT, MATERIAL OR IMMATERIAL LOSS OR DAMAGE, WHETHER OR NOT CONSEQUENTIAL OR UNFORESEEABLE, SUFFERED BY THE USER AND/OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS, INACCURACY OR CORRUPTION OF FILES OR DATA, COMMERCIAL LOSS, LOSS OF SALES OR PROFITS, LOSS OF CUSTOMERS, LOSS OF OPPORTUNITY, LOSS OF IMAGE, COST OF OBTAINING A SUBSTITUTE PRODUCT, SERVICE OR TECHNOLOGY, IN CONNECTION WITH OR ARISING OUT OF THE NON-PERFORMANCE OR FAULTY PERFORMANCE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Any transfer of data or files via the Resilience Solution is carried out under the sole responsibility of the User. It is the User's responsibility to carry out any back-up measures that may seem necessary.
Consequently, it is the User's responsibility to take all appropriate measures to minimize the damaging consequences linked in particular to a possible interruption of operations or a possible loss of data generated by the Resilience Solution as a result of its use.
You are solely responsible for the data, information, and files you enter into the Resilience Solution.
The Content offered to you in the Resilience Solution is not medical advice. If you require medical advice, please consult a physician.
RESILIENCE cannot be held responsible for the information, documents or data entered by the User or the Healthcare Professional in the Resilience Solution. The User accepts and acknowledges that he/she alone is responsible for the information, data and files directly entered by him/her in the Resilience Solution.
The Content provided to the User does not constitute medical advice and does not exempt the Patient from consulting his/her Healthcare Professional if necessary. RESILIENCE and its partners cannot fully guarantee the reliability of the Content offered to each Patient as being fully adapted to his/her pathology. In particular, RESILIENCE cannot be held responsible for the absence of clinical results for the Patient when using the Resilience Solution.
The User is solely responsible for the use he makes of the information, programs and services offered by RESILIENCE via the Resilience Solution. The User must have, before any use of the Resilience Solution services, sought the advice of his/her health professional.
It is the User's responsibility to ensure that he/she is physically fit to follow the physical activity programs (including yoga) proposed by the Resilience Solution. All Users must consult their health-care team before enrolling in any physical activity program.
It is the User's responsibility to adapt the exercises to his/her own physical condition and state of health, in particular the frequency of the proposed exercises and the amount of rest time.
IN THE EVENT OF AN EMERGENCY, IT IS YOUR RESPONSIBILITY TO CONTACT THE APPROPRIATE EMERGENCY SERVICES IN YOUR COUNTRY, AND IN PARTICULAR TO CALL WITHOUT DELAY:
- EU: 112
- US: 911
- UK: 999
You are solely responsible for exchanges made outside the Resilience Solution with other Users or Healthcare Professionals.
Content or services provided by third parties are the responsibility of the third-party providers of the service or content.
The User may, in the course of using the Resilience Solution or through its intermediary, use services or access content provided by third parties. RESILIENCE declines all responsibility for the said services and content, to which it is not party, the third-party supplier of the service or content being solely responsible to the User.
RESILIENCE cannot under any circumstances be held responsible for any damage arising from exchanges outside the Resilience Solution, even between Users, Patients and/or Healthcare Professionals.
RESILIENCE collects and processes your Personal Data as part of your use of the Resilience Solution. For more information on this use and on your rights, we invite you to consult our Privacy Policy, which forms part of the TOS.
RESILIENCE may collect and process certain Personal Data of the User and Patients, under the conditions set forth in our Privacy Policy, which is an integral part of these GTUs.
The User is invited to consult the Privacy Policy for more information on the conditions of collection and processing of Personal Data applicable to him/her, as well as on his/her rights under applicable regulations.
RESILIENCE implements adequate technical protection measures in accordance with applicable legal and regulatory requirements.
As provided by the General Data Protection Regulation (GDPR), you have several rights to your Personal Data:
You may exercise these rights:
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 and the Patient have 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 :
If you feel that your rights have not been respected or that the response you have received is unsatisfactory, you can lodge a complaint with the relevant data protection authority, a list of which is available by following this link (in France, the Commission nationale de l'informatique et des libertés - CNIL).
The health-related information collected by RESILIENCE is stored in France by certified hosts:
Personal data relating to your health collected when using the Resilience PRO module are hosted in France by Ecritel, a certified health data host.
Personal data collected when using the Application are hosted in France by OVH, a certified health data host.
Personal Data is any information that allows you to be identified. It includes, in particular, the patient's surname, first name and state of health.
In the event that you fail to comply with these Terms and Conditions, RESILIENCE may terminate or restrict your use and access to the Resilience Solution, after informing your healthcare team.
In the event of a breach of one or more of the provisions of these TOS or of any other document drawn up or communicated by RESILIENCE and accepted by the User, RESILIENCE reserves the right to terminate or restrict, without prior notice and at its sole discretion, the User's use of and access to the Resilience Solution, to his Account and to any other RESILIENCE services to which he may have access, after informing your healthcare team.
The present GTUs may be modified by Resilience, and you will be informed of any modifications.
If you do not agree with the new GTUs, you may object within 8 days of receipt of the notification at support@resilience.care.
RESILIENCE reserves the right to modify these GTUs at any time, in particular to take into account changes in the Resilience Solution or the Services or legal and/or regulatory developments, while respecting a notice period of thirty (30) days from the notification of change.The Parties agree that the notice period does not apply in the case where RESILIENCE :
Each modification will take effect as of its posting on the Resilience Solution. RESILIENCE undertakes to inform Users prior to any substantial modification of the GTUs by email or by posting in the Resilience Solution.
After notification of modifications, continued use of the Resilience Solution will constitute acceptance of the GTUs by the User.
Please take note of all modifications, and if you do not agree, please stop using the Resilience Solution.In the event that you disagree with the modifications made to the new GTUs, you are invited to notify your opposition within eight (8) days of receipt of the notification at support@resilience.care. This objection will suspend your account from the date on which the modification comes into force, before informing your Healthcare Professional and then deleting your Account under the conditions defined in article 5.6.
The Resilience Solution may evolve at any time, in particular with modifications or deletions of its functionalities.
You will be informed by email or by a display on the Resilience Solution.
RESILIENCE and its affiliates are free to add, modify and/or delete features or some of their characteristics, or conditions of use. RESILIENCE will inform Users in advance by email or by display on the Resilience Solution.
The TOS are governed by French law.
If you wish to contest the interpretation, validity or consequences of these TOS, please contact RESILIENCE at the following address: support@resilience.care.
Notwithstanding the country from which the User accesses the Resilience Solution, the present 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, Users are reminded that they must also comply with the rules applicable to the territory from which they consult or use the Resilience Solution. Users are therefore reminded that it is their responsibility to check in advance the legality of the actions they carry out via the Resilience Solution with regard to the laws and regulations in force in the territory from which they carry out these actions and operations.
RESILIENCE and the User must perform their obligations in perfect good faith.In the event of a dispute or claim arising from the User, a Patient, RESILIENCE or a third party relating to the use of the Solution, only the version of these GTUs accessible from the Resilience Solution will be binding between the parties, whatever the date of the disputed facts.
In the event of a dispute relating to the interpretation, validity or consequences of these GTU, the User is invited to contact RESILIENCE support beforehand at: support@resilience.care.
You agree that all disputes, claims and legal proceedings arising directly or indirectly from the Resilience Solution shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.
If any part of these GTU is held to be invalid, the validity of the remainder of the GTU shall not be affected.
The conditions set out in article 6 "Use of the Resilience Solution" are supplemented by : "RESILIENCE shall not be liable for any damages (except for intentional acts or wrongful negligence and personal injury caused by RESILIENCE) you may suffer as a result of your use or inability to use the Resilience Solution."
Paragraph 1 of Article 12.1 "Modification of the TOU" is modified as follows: "RESILIENCE may modify these TOS, in which case modifications may be made to these terms of use so that they correctly and accurately reflect the Resilience Solution."
The conditions set out in article 13.1 "Applicable law - Dispute" are completed by: "All claims must be made within two (2) years of the claim being made."
The conditions set out in Article 6 "Use of the Resilience Solution" are supplemented by: "RESILIENCE shall not be liable for any damages you may suffer as a result of your use or inability to use the features of the Resilience Solution, except in the case of fraud or gross negligence on the part of RESILIENCE."
