General Terms of Use for WeDiagnostiX API or Software
Article 1. Preamble
The WeDiagnostiX solution (hereinafter referred to as the “Solution”) is published by the company WeDiagnostiX (hereinafter “WeDiagnostiX”), a simplified joint-stock company with a share capital of €439,740.00, headquartered at 7 allée des Genêts, 92420 Vaucresson, registered in the Nanterre Trade and Companies Register under number 884167925 – Tel: 0651700895 – email address: support@wediagnostix.ai – VAT number: FR84 884 167 925.
The publication manager is Mr. Didier Ernenwein.
The hosting and permanent data storage provider is 3DS Out Scale, headquartered at 1 rue Royale, 92210 Saint-Cloud – Tel: 0153275270.
The user acknowledges that the use of the Solution and the services offered by WeDiagnostiX requires prior consultation and acceptance of these General Terms of Use (hereinafter “GTU”) as well as compliance with all the provisions defined herein.
Article 2. Definitions
The terms defined below, whether in singular or plural form and with or without capitalization, shall have the following meanings:
• “Solution”: CE-marked medical device software utilizing a cloud service to provide analysis of panoramic dental radiographs through artificial intelligence and deep learning algorithms developed by WeDiagnostiX.
• “GTU”: These General Terms of Use applicable to healthcare professionals using the Solution.
• “User account”: Section of the Solution dedicated to the user, allowing access to and use of the services.
• “Services”: Services provided by WeDiagnostiX via the Solution to users, as defined in the “Description of Services” article.
• “User”: Any individual healthcare professional, dentist, or doctor with expertise in dental radiology who accesses the services for full usage and/or any healthcare professional authorized in their professional practice to access the services.
Article 3. Purpose
The GTU aim to define:
• The terms and conditions of access to and use of the Solution.
• The terms and conditions of use of the Services by the User.
Access to and use of the Services by the User implies prior knowledge and full acceptance of these GTU. The User acknowledges and fully accepts the GTU of the Solution.
Article 4. Prerequisites
4.1 Legal Capacity
The User acknowledges having the legal capacity to enter into these GTU. In this regard, the User acknowledges using the Solution solely as a healthcare professional specialized and qualified in dental radiology.
The User also acknowledges having read the user manual for the Solution.
4.2 Hardware Compatibility
Before using the Solution and related Services, the User is invited to verify the compatibility of their equipment and IT configuration with the Solution. Communication costs remain the responsibility of the User.
Article 5. Acceptance and Enforceability of the GTU
5.1 Acceptance
Users may access the Services subject to prior acceptance of these GTU.
The User declares that they have received all necessary information from WeDiagnostiX regarding the Services offered via the Solution and unreservedly adheres to these GTU.
The User has the ability to save and print the GTU using the standard features of their browser or smartphone.
The User is informed that their acceptance of these GTU is formalized by checking the box associated with the text “I have read and accept the General Terms of Use” and clicking the validation button displayed during the validation of their User account. This does not require a handwritten or electronic signature.
This acceptance serves as proof that the User has read the provisions and constitutes acceptance of the GTU.
5.2 Enforceability
The GTU become enforceable upon the User’s acceptance during the subscription or renewal of their Services and prior to the first use of said Services.
5.3 Modification
The GTU may be modified or adjusted at any time by WeDiagnostiX, particularly in the event of changes to the Solution or Services. When modifications or adjustments affect the terms of subscription, they will only apply to subscriptions entered into or renewed after their publication.
In any case, as stated above, the version of the GTU enforceable against the User is the one accepted at the time of validation. WeDiagnostiX reserves the right to modify these GTU at any time without prior notice. In case of modifications, the new GTU will be notified to the User and must be accepted again.
The GTU are permanently accessible on the Solution.
Article 6. Conditions of Access to Services
6.1 Access to the Solution and User Account
Access to the Solution is subject to the subscription and payment of a fee by the User to WeDiagnostiX.
Access to the Services is provided through the User’s personal account.
6.2 Procedure for Accessing Services via the User Account
Creating a User account is a necessary prerequisite for accessing and benefiting from the Services.
The User’s registration and account creation are performed via the registration form available on the Solution.
During account creation, the User must follow the procedure outlined below:
• Step 1: The User completes the registration form, filling in the required fields, marked with an asterisk. The information must be accurate and regularly updated.
• Step 2: The User selects a username and password and confirms the password.
• Step 3: The User reviews the GTU, accepts them by checking the box provided, and clicks the acceptance button. If the User does not accept the GTU, the registration process is terminated.
• Step 4: The User reviews the informational notices and provides their consent by checking the relevant boxes.
The User will receive a confirmation email at the address provided during registration.
The User agrees to verify that their information is accurate and complete and to update it regularly.
6.3 Password Management
The password chosen by the User must comply with the recommendations of the National Commission for Computing and Liberties (CNIL). It must:
• Consist of at least twelve characters.
• Include at least three different types of characters (uppercase, lowercase, digits, and special characters).
• Avoid connections to the User’s personal information (e.g., name, birth date).
Password management rules include:
• Reusing the last three passwords is prohibited.
• Three consecutive incorrect password attempts will temporarily block access to the Solution.
• Ten consecutive incorrect attempts will block access entirely. An error message will prompt the User to contact the administrator.
The User is solely responsible for maintaining the confidentiality of their username and password and for activities conducted under their credentials. The User must take all necessary steps to ensure this confidentiality.
The User agrees to change their password immediately in the event of loss, forgetfulness, or unauthorized disclosure. Changes can be made directly in the Solution’s settings.
The User must notify support@wediagnostix.ai immediately in case of theft or loss of their password. Only the date of receipt of this notification will be considered binding. WeDiagnostiX will provide assistance in resetting the password.
WeDiagnostiX is not liable for fraudulent or unauthorized use of a User’s credentials due to voluntary or involuntary disclosure.
6.4 Availability
Access to the Solution and Services is reserved for Users with internet or mobile network access who meet the requirements outlined in these GTU.
All costs associated with access, such as hardware, software, or internet fees, are solely the User’s responsibility.
The Solution and Services are accessible 24/7, subject to maintenance periods. WeDiagnostiX reserves the right to temporarily interrupt access for updates, maintenance, or operational changes. These operations will be scheduled to minimize user disruption.
WeDiagnostiX does not guarantee the Solution’s performance, availability, or accessibility. The Solution and Services may be updated or modified at any time to reflect technological advancements.
For interruptions or access issues, Users may contact WeDiagnostiX customer service.
Article 7. Duration – Suspension and Termination of Account
7.1 Effective Date – Duration
7.1.1 Duration of the GTU
Users have access to the Services from the acceptance of these GTU until certain conditions outlined below occur.
7.1.2 Account Termination by the User
Users may access the Services until they decide to terminate their account.
7.1.3 Suspension or Termination by WeDiagnostiX
If fraudulent use of a User account is suspected, WeDiagnostiX reserves the right to suspend or terminate the account without notice or compensation.
In case of a breach of these GTU, WeDiagnostiX may suspend or terminate the User account based on the severity of the breach. The User will be notified of such actions.
7.1.4 Consequences of Suspension or Termination
Suspension results in the inability to access Services or account data until the issue is resolved.
Termination results in permanent inaccessibility to the account unless reinstated by the User.
Termination automatically ends the GTU.
Article 8. Description of Services
The Services allow Users to generate radiology reports for their patients with assistance from artificial intelligence systems.
Article 9. User Obligations and Responsibility
Users acknowledge using the Solution and its tools under their sole responsibility, particularly concerning the data they provide.
Healthcare professionals remain responsible for interpreting results and making the final diagnosis. Users agree to use the Solution following the provided instructions and applicable regulations, including professional and ethical standards.
Users must ensure that their patients are informed about the Solution’s use of algorithmic data processing.
Prohibited behaviors include:
• Unauthorized access to systems or networks connected to the Solution.
• Interference with other users’ enjoyment of the Solution or Services.
• Introduction of viruses, malicious code, or harmful technologies.
Article 10. Responsibility of WeDiagnostiX
WeDiagnostiX endeavors to provide high-quality services but is not liable for:
• Service interruptions or malfunctions without breach of its obligations.
• Incompatibilities with Users’ equipment.
• Fraudulent or unauthorized use of credentials due to disclosure.
• Errors in data provided by the User.
WeDiagnostiX’s liability is limited to the amount paid by the User in the last 12 months prior to the claim.
Article 11. Personal Data Protection
Details regarding personal data processing, user rights, and compliance with regulations are outlined. WeDiagnostiX ensures compliance with the General Data Protection Regulation (GDPR) and does not transfer data outside the EU.
Article 12. Intellectual Property Rights
The Solution and its components are the exclusive property of WeDiagnostiX and protected by intellectual property laws. Unauthorized use constitutes infringement.
Article 13. Insurance
WeDiagnostiX confirms it holds professional liability insurance for damages caused during the performance of these GTU.
Article 14. Subcontracting
Users authorize WeDiagnostiX to employ subcontractors.
Article 15. General Provisions
15.1 Notifications and Claims
Notifications must be made in writing to:
• WeDiagnostiX – 2 avenue du Coteau, 92420 Vaucresson.
15.4 Governing Law and Dispute Resolution
The GTU are governed by French law. Consumers may seek mediation or alternative dispute resolution in accordance with the French Consumer Code.