App version: 1.0.1

Article 1.  Preamble

1. The WeDiagnostix solution is developed and marketed by WeDiagnostiX (hereinafter “WeDiagnostiX”), a simplified joint-stock company with a capital of €393,230, whose registered office is located at 7 allée des Genêts, 92420 Vaucresson, registered with the Nanterre Trade and Companies Register under number 884167925 – Tel: 0651700895 – email address: support@wediagnostix.ai – VAT number: FR84 884 167 925. 
2. The publisher is Mr. Didier Ernenwein.

3. The service provider responsible for hosting and direct, permanent storage is 3DS Out Scale, headquartered at 1 Rue Royale, 92210 Saint-Cloud – Tel: 0153275270.

4. The practitioner (hereinafter “User”) acknowledges that use of the Solution and the services offered by WeDiagnostiX requires review and full acceptance of these Terms and Conditions (hereinafter the “TaC”) as well as the Solution’s user guide available online, and compliance with all provisions set forth in these Terms.

A hard copy of the Solution’s user manual may be provided by WeDiagnostiX within seven calendar days of the User’s request.

5. The User acknowledges that they have been informed that the WeDiagnostix Solution is a Class IIa CE-marked medical device in accordance with Regulation (EU) 2017/745, intended exclusively for qualified healthcare professionals, such as those specializing in dental care. 
6. WeDiagnostiX reminds the user that the Solution provides a service to assist with the interpretation of patients’ dental panoramic X-rays. The results generated and provided by the Solution cannot under any circumstances replace the User’s diagnosis; as a healthcare professional, the User must use the Solution in accordance with best practices and ethical standards. WeDiagnostiX shall not be held liable for any damage resulting from the User’s improper, unauthorized, or inappropriate use of the Solution. The Solution is a decision-support tool and in no way replaces the User’s judgment, expertise, or professional obligations. The User assumes full responsibility for the diagnoses, decisions, and actions taken based on the results provided by the Solution and remains solely liable to third parties, particularly patients, in the event of an erroneous, inaccurate, or inappropriate diagnosis.

In the event of any conflict between the specific terms and these TaC, the specific terms shall prevail. In the event of any conflict between the Terms of Sale (hereinafter the “ToS”) and these TaC, the ToS shall prevail.

Article 2. Definitions

7. The terms defined below, whether used in the singular or plural and with or without capitalization, shall have the following meanings:

• “TaC” (Terms and Conditions): refers to these Terms and Conditions applicable to Users of the Solution;
• ToS” (Terms of Sale): refers to the Terms of Sale applicable solely to the relationship between WeDiagnostiX and the User;
• “User Account”: refers to the part of the Solution dedicated to the User, enabling access to and use of the Services;
• “Services”: refers to the services provided by WeDiagnostiX to Users through the Solution;
• “Solution”: refers to the CE-marked medical device software using a cloud-based service that provides analysis of dental panoramic radiographs through artificial intelligence and deep learning algorithms developed by WeDiagnostiX;
• “User”: refers to any natural person acting as a healthcare professional, in particular a dental surgeon or physician, with competencies in dental radiology, who accesses the Services in the course of their professional practice, whether for full use of the Solution or for any functionality to which they are authorized to access.

Article 3. Purpose

8. The purpose of these TaC is to define:

• the terms and conditions governing access to and use of the Solution;
• the terms and conditions governing the use of the Services by the User.

Access to and use of the Services by the User imply that the User has read these TaC beforehand. The User acknowledges and agrees to be fully and unconditionally bound by the TaC of the Solution.

Article 4. Description of the Services

9. The Services made available to the User enable the generation of radiological reports for their patients, supported by an artificial intelligence system.

Article 5. Prerequisites

5.1 Legal capacity

10. The User acknowledges that they have the legal capacity to enter into and be bound by these TaC. In this regard, the User acknowledges that they use the Solution solely as a qualified healthcare professional specialized in dental radiology.
11. The User further acknowledges that they have read the instructions for use of the Solution.

5.2. Hardware compatibility

12. Prior to any use of the Solution and the associated Services, the User is invited to verify the compatibility of their hardware and IT configuration with the Solution. Communication costs shall remain the responsibility of the User.

Article 6. Acceptance and enforceability of the TaC

6.1. Acceptance

13. Users may benefit from the Services subject to prior acceptance of these TaC.
14. The User declares that they have received from WeDiagnostiX all necessary information regarding the Services offered through the Solution and agrees to these TaC without reservation.
15. The User has the option to save and print these TaC using the standard functionalities of their browser or smartphone.
16. The User is informed that their acceptance of these TaC is formalized by checking the box associated with the statement “I have read and accept the Terms and Conditions” and by clicking the validation button displayed during the creation of their User Account, and does not require a handwritten or electronic signature.
17. This acceptance constitutes proof that the User has read the aforementioned provisions and signifies acceptance of these Tac.

6.2. Enforceability

18. The TaC shall be enforceable against the User as from their acceptance upon subscription to or renewal of the Services, and prior to the first use of said Services.

6.3 Modification

19. The TaC may be modified or amended at any time by WeDiagnostiX, in particular in the event of changes to the Solution or the Services. Where such modifications or amendments concern the terms and conditions of subscription, they shall apply only to subscriptions entered into or renewed after they have been published online.
20. In any event, as indicated above, the version of the TaC enforceable against the User is the version accepted by the User at the time of validation. WeDiagnostiX reserves the right to amend these TaC at any time and without prior notice. In the event of any amendment to the TaC, the updated TaC shall be notified to the User and must be accepted again by the User.
21. The TaC are permanently accessible through the Solution.

Article 7. Conditions of access to the Services

7.1 Access to the Solution and the User account

22. Access to the Solution is subject to the User subscribing to and paying for a subscription with WeDiagnostiX or through any intermediary platform. By subscribing, the User acknowledges that this software is a Class IIa medical device in accordance with Regulation (EU) 2017/745. It is intended to provide information used for diagnostic or therapeutic purposes only within the European Union and in other jurisdictions recognizing the CE marking. The User further acknowledges that this software has not been authorized for clinical use in jurisdictions that do not recognize the CE marking, including, but not limited to, the United States (FDA), Canada (Health Canada), the United Kingdom (MHRA), Brazil (ANVISA), and Switzerland (Swissmedic). Clinical use of the software may be subject to additional regulatory requirements, including local language requirements, in certain jurisdictions, including Denmark, Finland, Hungary, Latvia, Lithuania, Romania, Sweden, and Norway. The User is responsible for ensuring that use of the software complies with all applicable local regulations.
23. Access to the Services is provided through the User’s personal account.

7.2 Procedure for accessing the Services through the User account

24. Creation of a User Account is a necessary prerequisite for accessing and using the Services. User registration and creation of the User Account are carried out באמצעות the registration form available within the Solution.
25. When creating a User Account on the Solution, the User shall follow the procedure described below:

• Step 1: The User completes the registration form by filling in the required fields, it being specified that mandatory fields are identified by an asterisk. The information provided must be accurate and kept up to date on a regular basis;
• Step 2: The User chooses a username and password, then confirms the password;
• Step 3: The User reads the TaC and accepts them by checking the relevant box and clicking the acceptance button. If the User does not accept the TaC, the registration process is interrupted;
• Step 4: The User reads the various information notices and gives consent by checking the boxes provided for this purpose.

The User shall receive a registration confirmation email at the email address provided during registration.

The User undertakes to verify that the information concerning them is accurate and complete, and to update it regularly.

7.3 Password management

26. The password chosen by the User must comply with the recommendations of the Commission Nationale de l’Informatique et des Libertés (hereinafter the “CNIL”), namely that it must contain at least twelve characters, include at least three different character types out of the following four categories (uppercase letters, lowercase letters, numbers, and special characters), and must not be related to its holder (such as name or date of birth).

With regard to password management, the User is informed that:

• their password must not be too similar to their personal information (username, first name, last name, or email address);
• overly common passwords (such as “password123”, “12345678”, etc.) are not permitted;
• passwords may not consist solely of numbers and must include letters or other characters.

The User shall be solely responsible for preserving the confidentiality of their username and password, as well as for all activities resulting from the use of such username and password. The User undertakes to take all appropriate measures to ensure such confidentiality.

Any use of the User’s username and/or password shall be deemed to have been carried out on behalf of the User.

The User undertakes to change their password without delay in the event of loss, forgetfulness, or voluntary or involuntary disclosure of their password to third parties.

Such change shall be made directly through the settings of the Solution.

27. The User undertakes to notify WeDiagnostiX without delay of any theft or loss of their password. Such notification shall be sent to support@wediagnostix.ai. Only the date of receipt of such message shall be deemed valid between the Parties. WeDiagnostiX support shall invite the User to change their password and shall indicate the applicable procedure.
28. WeDiagnostiX shall not be held liable by the User in the event of any fraudulent or abusive use resulting from the voluntary or involuntary disclosure of the User’s username and/or password to any third party.

7.4 Availability

29. Access to the Solution and the Services is reserved to Users who have access to the internet or to a mobile network and who meet the prerequisites and conditions set out in these TaC.
30. All costs relating to access, whether hardware, software, or internet access costs, shall be borne exclusively by the User. The User shall be solely responsible for the proper functioning of their equipment and their internet access.
31. The Solution and the Services are accessible 24 hours a day, 7 days a week, subject to periods of suspension, in particular for maintenance purposes.
32. Diagnostix reserves the right to interrupt access for maintenance reasons, in particular in order to perform updates, maintenance operations, modifications or changes to operational methods, servers, and hours of accessibility, this list not being exhaustive. WeDiagnostiX shall use its best efforts to carry out such operations during periods that are least disruptive to the User’s access to the Solution.
33. No guarantee is provided under these TaC with respect to the performance, availability, or accessibility of the Solution or the Services.
34. WeDiagnostiX reserves the right to supplement or modify, at any time, the Solution and the Services available therein in accordance with technological developments.
35. In the event of any interruption or inability to use the Solution, the User may contact WeDiagnostiX customer service to obtain information.

Article 8. Term – Suspension and closure of the account

8.1 Entry into Force – Term

8.1.1 Term of the TaC

36. The User shall have access to the Services from the time of acceptance of these TaC and until the occurrence of any of the events provided below.

8.1.2 Closure of the account at the User’s Initiative

37. The User shall have access to the Services until the closure of their account by the User.

8.1.3. Suspension or closure at the initiative of WeDiagnostiX

38. In the event of suspected fraudulent use of the User Account, WeDiagnostiX reserves the right, without compensation and without prior notice, to suspend or close the said User Account.
39. In the event of a breach of the obligations set out in the TaC, WeDiagnostiX reserves the right, without compensation and without prior notice, to suspend access to all or part of the User account until the cause of suspension has ceased, or even to delete the User account depending on the seriousness of the breach. The User acknowledges that WeDiagnostiX shall not be held liable to the User or to any third party for the consequences of the closure or suspension of the User Account. In such cases, WeDiagnostiX shall inform the User of the suspension or closure of their User account.
40. Furthermore, WeDiagnostiX reserves the right to delete any User account:

• that has remained inactive for a continuous period of twelve (12) months, following prior notification sent to the User by email;
• or that presents duplicate, triplicate, or multiple creations for the same person, likely to give rise to fraudulent use or use contrary to these TaC.

41. In such cases, WeDiagnostiX shall endeavour to inform the User concerned prior to deletion. Deletion of a User account shall result in the permanent loss of access to the Solution through that account and, in the case of duplicate or triplicate accounts, the transfer of the data associated therewith to an existing active account of the same User, without compensation or liability on the part of WeDiagnostiX.

8.1.4 Consequences of the suspension or closure of the User account

42. In the event of suspension of the User account, access to the Services and to the data associated with the User account shall be made unavailable to the User until such time as the User account is reinstated.
43. Likewise, in the event of closure of the User account, access to the Services and to the data associated with that User account shall be made unavailable to the User until such time as the account may potentially be reopened by the User.
44. In all cases, the User shall remain responsible for any use of their User account occurring prior to the closure or suspension of that account.
45. Closure of the User account shall automatically result in termination of these TaC.

Article 9. Liability

9.1. Liability of WeDiagnostiX

46. The User shall remain solely responsible for the medical and clinical decisions made in the course of their professional activity. The Solution constitutes a tool providing information for diagnostic purposes and shall neither be used in isolation nor substitute for the User’s clinical judgment. WeDiagnostiX warrants that the Solution complies with the applicable requirements of Regulation (EU) 2017/745 and bears the CE marking as a Class IIa medical device software. WeDiagnostiX uses its best efforts to provide Users with a high-quality service, but shall not be held liable for any direct or indirect damage or loss resulting in particular from:

• clinical or medical decisions made by the User on the basis of the results provided by the Solution, the latter not constituting a standalone diagnostic device;
• unavailability, malfunction, interruption, or degradation of the Solution or the Services, except in the event of serious breach by WeDiagnostiX of one of its obligations;
• the spread of any computer virus or malicious program in any form whatsoever, in the absence of a serious breach by WeDiagnostiX of one of its obligations;
• incompatibility between the User’s IT equipment configuration and the Solution;
• fraudulent or abusive use, or use resulting from the User’s voluntary or involuntary disclosure to any person of their username and/or password;
• errors, inaccuracies, or omissions relating to data entered or imported by the User, in particular regarding their accuracy, lawfulness, or compliance with third-party rights;
• any use of the Solution that is not in accordance with the documentation, instructions for use, Terms of Sale, these TaC, or any applicable specific terms;
• the User’s failure to comply with updates, patches, or security measures notified by WeDiagnostiX;
• any unauthorized modification, adaptation, or intervention relating to the Solution;
• the User’s failure to comply with their legal, regulatory, professional, or ethical obligations;
• acts carried out by healthcare professionals, including diagnostic errors, where such professionals do not act on behalf of WeDiagnostiX;
• any event of force majeure or unforeseen event.

47. Under no circumstances does WeDiagnostiX intervene in the performance of medical acts or diagnoses carried out by healthcare professionals using the Solution. Such professionals act under their sole and entire responsibility and independently, without any relationship of subordination or agency with WeDiagnostiX. 

Accordingly, WeDiagnostiX shall not be held liable, on any grounds whatsoever, for acts, decisions, interpretations, or diagnostic errors made by healthcare professionals, in particular on the basis of dental radiographs.

48. To the extent permitted by applicable law, the total liability of WeDiagnostiX, for all causes combined, arising out of the use of the Solution and the associated Services, shall be expressly limited to the total amount actually paid by the User during the twelve (12) months preceding the occurrence of the event giving rise to the claim.
49. The User undertakes to defend, indemnify, and hold harmless WeDiagnostiX, as well as its directors, employees, agents, and partners, against any claim, action, judgment, damage, loss, cost, or expense (including reasonable attorneys’ fees) brought by third parties and resulting from the User’s use of the Solution or the associated Services, from any breach of these TaC, or from any use that is not compliant with applicable regulations.

The exclusions set out in Article 10.1.5 (Exclusions) of the Terms of Sale shall apply to these TaC.

9.2. Liability of the User 

50. The User acknowledges that the Solution must be used in accordance with its intended purpose and the instructions set out in the user manual provided by WeDiagnostiX.

WeDiagnostiX shall not be held liable for any non-compliant use or for any use not in accordance with the instructions for use.

51. The User acknowledges that they use the information and tools available on the Solution under their sole responsibility, including with regard to the information they have provided. The User undertakes to notify WeDiagnostiX immediately of any fraudulent use of their User Account of which they become aware. 

52.As a healthcare professional, the User is responsible for their use of the medical device Solution. The User undertakes to use the Solution in accordance with the instructions provided by WeDiagnostiX (namely the instructions for use of the Solution) and/or Orisha Healthcare and/or the regulations in force, in particular the rules of good practice and the rules of professional ethics. In this respect, the User undertakes to comply with the obligations arising under Article L4000-1 of the French Public Health Code and shall ensure that their patients have been informed in advance that the Solution used by the User involves algorithmic data processing.

The User shall be solely responsible for the interpretation of the results provided by the Solution and shall remain responsible for the final diagnosis.

53. Furthermore, the Solution does not verify the clinical nature of the imported image. Any file submitted in one of the image formats accepted by the Service will be accepted and analyzed by it. Consequently, if the image does not correspond to a 2D panoramic dental radiograph of an adult patient with permanent dentition, the generated result will not be clinically relevant. It is therefore the practitioner’s responsibility to ensure that the imported files are panoramic radiographs consistent with the intended use defined by WeDiagnostiX and set out in the instructions for use.
54. However, where the practitioner realizes that they have mistakenly submitted an image that does not correspond to the accepted image types as defined in the instructions for use, they may contact WeDiagnostiX support at the following address: support@wediagnostix.ai, stating the reason for the request, the name of their User account, the date and time of import, and the image identifier.

55. The User undertakes to use the Services, as well as all information to which they may have access, solely for professional purposes and in a manner consistent with public policy, accepted standards of morality, and the rights of third parties.

56. The User shall refrain from any act, conduct, or statement likely to infringe, in particular, the laws and regulations in force, accepted standards of morality, the rights of third parties, the proper functioning of the Solution, or these TaC.

57. The User also undertakes not to access or attempt to access unlawfully other networks or information systems connected to the Solution, not to interfere with the use and enjoyment of the Solution and the Services by other users, and not to introduce any virus, malicious code, or any other harmful technology into the Solution or the Services offered therein.
58. To the extent permitted by applicable law, the liability of WeDiagnostiX for any claim relating to the use of the Solution and the associated Services shall be limited to the amount paid by the User for the use of the Solution during the twelve (12) months preceding the claim.

The User undertakes to defend, indemnify, and hold harmless WeDiagnostiX, as well as its directors, employees, agents, and partners, against any claim, action, judgment, damage, loss, cost, or expense (including reasonable attorneys’ fees) brought by third parties and resulting from the User’s use of the Solution or the associated Services, from any breach of these TaC, or from any use that is not compliant with applicable regulations.

59. WeDiagnostiX reminds the User that all diagnostic decisions must be made by a qualified dental healthcare professional.

Article 10. Protection of Personal Data

10.1 Information and User consent to the processing of Personal Data

60. In the context of the use of the Solution and the Services, the User is informed that, in accordance with the regulations in force, in particular Article 32 of the French Data Protection Act of 6 January 1978 and Articles 13 and 14 of the General Data Protection Regulation of 27 April 2016, WeDiagnostiX, acting as data controller, processes personal data relating to the User.

10.1.1 Categories of Data processed and source

61. Use of the Services requires the creation of a User Account as well as the collection of personal data relating to the User, including in particular:

• User identification data, namely:
• last name,
• first name;
• User contact data, namely:
• email address,
• telephone number;
• User professional data, namely:
• business address,
• place of practice;
• data relating to the User’s authentication and activity on the User Account.

Such data are either provided directly by the User or derived from the use of the Services.

As part of the use of the Solution, radiographs and, where applicable, certain patient-related data may be processed. Where such data relates to an identified or identifiable natural person and reveals information concerning that person’s health status, it constitutes personal data falling within the category of health data under the applicable regulations.

Within the Solution, WeDiagnostiX implements measures aimed at reducing the identifiability of patient data, in particular through the deletion, masking, and replacement of certain direct identifiers. Unless the data has undergone effective and demonstrable anonymization within the meaning of the applicable regulations, such operations must be regarded as pseudonymization measures. Pseudonymized data remains personal data subject to the applicable regulations.

Where WeDiagnostiX considers that a dataset no longer makes it possible to identify a natural person, directly or indirectly, taking into account all the means reasonably likely to be used, such dataset may be qualified as anonymized, provided that such qualification is documented and justified.

10.1.2. Purposes of the processing

62. The main purposes of this processing are:

• the provision and management of the Services described in these TaC, in particular for the creation and management of the User Account, access to, and operation of the Solution;
• the administration and improvement of the Service, in particular through audience measurement and analysis of usage trends relating to the Services and the Solution, using anonymized data.

63. Such processing is carried out:

• on the basis of these TaC binding the User and WeDiagnostiX, and is necessary for the provision of the Services to the User.

10.1.3. Recipients of the Data

64. The recipients of this Data are WeDiagnostiX personnel and subprocessors, strictly within the scope of their respective duties.

10.1.4. Transfers outside the EU

65. WeDiagnostiX does not transfer data outside the European Union or to any international organization.

10.1.5. Data retention

66. WeDiagnostiX undertakes not to retain personal data beyond the retention period determined in light of the purposes for which it was collected:

• User account identification data is retained for the duration of the account’s active use, and is then deleted, archived, or retained only for the period strictly necessary to comply with applicable legal, contractual, regulatory, or evidentiary obligations.
• Data relating to the use of the Solution and the Services is retained for the period necessary for the operation of the service, security, traceability, support, and compliance with applicable obligations, and is then deleted, archived, anonymized, or pseudonymized depending on its nature, purpose, and the applicable legal framework.

Health data uploaded to the Solution is, depending on the circumstances:

• either subject to pseudonymization;
• or, where the legal and technical conditions are effectively met and duly documented, anonymization.

Longer retention periods may be determined where necessary to ensure compliance with legal or regulatory obligations.

10.1.6.User rights

67. The User is informed:

• when a personal data collection form is used, of the mandatory or optional nature of the requested information by the presence of an asterisk (*);
• that failure to provide the data will result in the User being unable to make full, personalized, and optimal use of the Services provided by WeDiagnostiX;
• that the User benefits from the following rights: the right of access, the right to rectification, where applicable the right to erasure of data, the right to restriction of processing, and the right to define instructions regarding the fate of their data after their death.

68. The User also has the right to data portability with respect to the data they have provided, which means that they have the right to obtain that their personal data be transmitted directly by WeDiagnostiX to another data controller, in a structured, commonly used, and machine-readable format, where technically feasible.
69. The User has the right to withdraw their consent to the processing of their data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
70. The User may exercise the above rights, upon presentation of proof of identity and by notifying WeDiagnostiX:

• by post at the following address: DPO Diagnostix – 2 avenue du Coteau, 92420 Vaucresson;
• by email at the following address: support@wediagnostix.ai

10.1.7. Complaints

71. In the event of unlawful processing, the User is informed that they have the right to lodge a complaint with the CNIL: 3 Place de Fontenoy, TSA 80715, 07.

10.1.8. Use of the Artificial Intelligence tool

72. The Solution incorporates an algorithm in order to read and analyze panoramic dental radiographs.

The results thereby generated constitute a useful source of information for the User. It is the User’s responsibility, within the scope of their clinical judgment and under their professional responsibility, to validate, modify, or invalidate the analyses proposed by the Artificial Intelligence.

The User shall ensure that their patients are informed accordingly in accordance with these TaC.

10.1.9. Use of Google Messaging: Gmail

Use of Google Workspace APIs

73. The Solution integrates Google Workspace APIs, in particular the Gmail API, solely within the scope of the specific functionalities provided to Users, such as sending emails.
74. User data that may be obtained through Google Workspace APIs are not used to develop, improve, or train generalized or non-personalized artificial intelligence (AI) or machine learning (ML) models. Users’ personal data are neither collected nor retained for the purpose of training or improving generalized AI/ML models, and are not shared with third parties for such purposes.

No transfer to third-party AI tools for generalized models

75. In the context of the use of the Solution, as a matter of principle, we do not use or transfer Users’ personal data obtained via Google Workspace APIs to third-party AI tools for the purpose of developing or training generalized or non-personalized AI/ML models.

Data protection and confidentiality

76. WeDiagnostiX undertakes to protect the confidentiality of Users’ personal data and to comply with Google Workspace rules and policies relating to data protection.

10.2 Hosting of Personal Health Data

77. The hosting of the personal health data relating to the previously pseudonymized panoramic dental radiographs of the User’s patients is provided by 3D Out Scale, an approved or certified health data hosting provider in accordance with Article L.1111-8 of the French Public Health Code.

Article 11. Intellectual property rights

11.1 WeDiagnostiX elements

78. The TaC does not entail any transfer of any kind of intellectual property rights over the elements belonging to WeDiagnostiX. 
79. The Solution, trademarks, drawings, models, images, texts, photographs, logos, graphic charters, software and programs, databases, sounds, videos, domain names, design, or any other element composing the Solution, with the exception of third-party elements defined below and the health data of patients whose panoramic radiographs are analyzed by the Solution, are the exclusive property of WeDiagnostiX and are protected by any intellectual or industrial property rights recognized under the laws in force.
80. Any reproduction and/or representation, in whole or in part, of any of these rights without the express authorization of WeDiagnostiX is prohibited and would constitute infringement likely to give rise to the civil and criminal liability of the infringer.
81. Consequently, the User shall refrain from any conduct or act likely to infringe directly or indirectly the intellectual property rights of WeDiagnostiX.

11.2 Third-party elements

82. Elements belonging to third parties, such as film excerpts, trademarks, logos, images, texts, and sounds, this list not being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law, or any other rights recognized under the laws in force.
83. The User shall refrain from infringing, directly or indirectly, the proprietary rights of third parties whose content is present on the Solution and shall refrain from exploiting such elements in any manner whatsoever.
84. The User undertakes to respect all rights of third parties whose content is present on the Solution.

Article 12. Insurance

85. WeDiagnostiX certifies that it has taken out an insurance policy with a duly solvent insurance company covering all pecuniary consequences of its professional, tortious, and/or contractual civil liability arising from bodily injury, material damage, and consequential loss caused to the User and to any third party in connection with the performance of these terms.

Article 13. Subcontracting

86. The User authorizes WeDiagnostiX to engage any subcontractor of its choice.

Article 14. General provisions

14.1 Notification and complaint

87. All notifications and complaints must be made in writing and may be sent:

• by post to the following address: WeDiagnostiX – 2 avenue du Coteau, 92420 Vaucresson
• by email: support@wediagnostix.ai
• through the User Account.

14.2 Waiver / Tolerance

88. The User acknowledges that the fact that WeDiagnostiX tolerates a situation shall not have the effect of granting the User any vested rights. Furthermore, such tolerance may not be interpreted as a waiver of the right to rely on the rights concerned.

14.3 Severability

89. If one or more provisions of the TaC are held invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect.

14.4 Applicable law and dispute resolution

90. These TaC shall be governed by French law.
91. This shall apply both to substantive rules and procedural rules, notwithstanding the places of performance of the principal or ancillary obligations.
92. In the event of a dispute relating to the interpretation, performance, or validity of these TaC, the Parties shall endeavour to seek an amicable solution.
93. Where the User acts as a consumer, the User may, in the event of a dispute relating to these TaC, have recourse to a conventional mediation procedure or any other alternative dispute resolution method, under the conditions provided for in Title I of Book VI of the French Consumer Code.
94. Where the User acts in a professional capacity, any attempt at amicable resolution, including through conventional mediation, shall be carried out in accordance with Articles 1530 et seq. of the French Code of Civil Procedure. Failing amicable resolution within thirty days from notification of the dispute, the matter may be brought before the competent courts.
95. This clause is legally autonomous. It shall continue to apply notwithstanding any nullity, termination, cancellation, or invalidation of the present contractual relationship.

These Terms and Conditions shall be effective as of 20/03/2026.