General Terms of Use

These General Terms of Use (hereinafter referred to as the "GTU") govern the relationship between the company MEDALTIK, a simplified joint-stock company (SASU) registered with the Trade and Companies Register of Besançon, FRANCE under number 995 319 761, with its registered office located at 45 Chemin des Ragots, 25000 BESANCON, publisher of the MyBoxScanner solution (hereinafter the "Solution"), and the users (hereinafter referred to as the "User").

The User and the Publisher are hereinafter collectively referred to as the "Parties", without solidarity between them.

The Solution is hosted by Amazon Web Service, within the infrastructure located in Frankfurt, via the LARAVEL CLOUD deployment platform.

Contact: Postal mail: Laravel Holdings, Inc. 60 Broad St, 24th Floor #1559, New York, NY 10004, United States Email: privacy@laravel.com

The Publisher may be contacted by email at the following address: myboxscanner@medaltik.com, or by postal mail at the above address.

Article 1 – Definition

In these GTU, words or expressions beginning with a capital letter, whether singular or plural, have the following meaning:

Content: refers to any text, graphic, file, logo, graphic element, sound, photo, database, software, text, video or other element that may be posted on the Solution, whether or not protected by an Intellectual Property Right;

Intellectual Property Right: refers to all literary and artistic property rights (copyright and related rights), industrial property rights (trademark, design and model and patent) provided for in the Intellectual Property Code and international Treaties;

User: refers to any natural person who uses the Solution and/or all or part of the functionalities offered on the Solution in the course of their professional activity;

Services: refer to the functionalities accessible to the User via the Solution, including the entry, scanning and historization of medications, medical devices and cosmetics, for the purpose of integrating them into the medical records of the patients concerned.

Article 2 – Purpose and Scope of Application

2.1. These GTU define the rights and obligations of the User regarding the use of the Solution and the Services.

2.2 The use of certain Services may require prior acceptance of these GTU by the User. Failure to accept the GTU may prevent continued use of the Solution.

This document is accessible at any time at the bottom of the Solution page.

At any time, if the User disagrees with any of the clauses of these GTU, they must immediately inform the Publisher by any means, and cease all use of the Solution's functionalities.

These GTU may be subject to subsequent modifications that will be brought to the User's attention by any means.

Likewise, if the User disagrees with any of the modifications made, they must immediately inform the Publisher by any means, and cease all use of the Solution's functionalities.

2.3 The Solution is accessible to any User with Internet access. All costs related to this access are exclusively borne by the User.

The User furthermore acknowledges being well aware of the constraints related to Internet access and use, and being sufficiently informed that information transfers over the Internet provide only a relative level of technical security and reliability.

Article 3. Entry into Force - Duration

These General Terms of Use come into force upon their acceptance by the User, during the first use of the functionalities offered on the Solution.

The GTU are enforceable against the User for the entire duration of use of the Solution, including during navigation.

Article 4. Terms of Access to the Solution

The Solution is available for download from the Apple Store. Once the application is installed on iPhone, the User can also access the PC version via the following link https://www.myboxscanner.com.

To synchronize the data scanned on the mobile version with the PC version, the User must scan the "Magic Link" displayed on the home page of the PC version of the Solution. This synchronization is performed in real time, thus allowing easy transfer of scanned data from the mobile version to the PC version. The User can then copy the references of the Products thus synchronized and paste them into any other document of their choice, including the patient's medical record.

When the User is invited by a client of the Publisher to use the Solution in the course of their professional activity, the latter accesses the Solution via an email containing an invitation to scan a QR code in the application and to validate the link with the client.

The validation of this link authorizes the client associated with the User to consult the history of Products used by the latter for tracking and stock management purposes.

The User may be attached to several clients of the Publisher, each activity being strictly compartmentalized according to the client concerned. The User also retains the possibility of using the Solution for personal use, without the clients to which they are associated being able to access this activity.

This link between the User and the client may be unilaterally terminated at any time by the User or by the Publisher's client without notice.

The Solution is normally accessible 24 hours a day, 7 days a week, with the exception of:

• periods of unavailability related to maintenance operations necessary for the proper functioning of the Solution and subject to periods of unavailability of the Solution,
• periods of unavailability resulting from force majeure or an event beyond the Publisher's control such as incidents, bugs or failures that may affect applications available online or Internet access.

When technically possible, the Publisher will endeavor to notify the User of any interruption as soon as possible and by any means.

4.3 Given the nature and purpose of the Solution, the User acknowledges and accepts that access interruptions, whether temporary or prolonged, shall not give rise to any indemnification, damages or compensation, for any reason whatsoever.

In the event of a continuous interruption of the Solution exceeding seventy-two (72) consecutive hours, the User may however request a refund of the amount possibly paid to use the Solution for the current month during which the interruption occurred. This refund shall constitute the only possible remedy under this article.

4.4 Access to the functionalities of the Solution does not require the creation of an account by the User. Upon first connection to the Solution, the User is invited to indicate their country as well as their region of practice.

Article 5 – Services

The Solution provides the User with a set of Services enabling the exploitation of information resulting from scanning boxes of medications, medical devices or cosmetics. These Services are divided into two main categories:

5.1. Creation of data lists from scanned elements

The mobile Solution allows the User to scan products (including medical devices or medications) in order to automatically extract essential information, such as:

• the product name and the associated laboratory, manufacturer and/or distributor,
• the reference,
• the batch number,
• the expiration date.
• …

This data is then automatically formatted on the mobile and PC versions of the Solution. A box presents the data in a structured form, allowing the User to integrate it into the medical record of the patient concerned, regardless of the software used.

The User has the possibility to correct information resulting from a scan in case of identification error, and may report this anomaly to the Publisher by means of a dedicated functionality. It is their responsibility to systematically verify the accuracy of the digitized data, as it may contain traceability errors, particularly when the information on the packaging is incomplete, erroneous or difficult to read.

The scanned and digitized elements can be grouped within one or more personalized list(s), which the User can freely name to facilitate organization and export to the medical record of the patient(s) concerned.

Important: The User is strictly prohibited from entering, directly or indirectly, any data allowing the identification of a patient or any natural person within the Solution, including in the names of lists created or in any free field.

This prohibition aims to ensure compliance with medical confidentiality, as well as compliance with legal requirements regarding the protection of personal health data.

The User is solely responsible for compliance with this obligation. Any violation may result in the deletion of the data concerned, and, where applicable, suspension of access to the Solution.

5.2. Historization and logging of scanned data

The Solution also ensures the historization and logging of elements scanned by the User, accessible for thirty (30) days. This functionality notably allows:

• the automatic retention of all scanned data,
• their consultation at any time via the web or mobile interface,
• traceability of scanned products, without nominative identification of patients.

The User can obtain a daily report of scanned and digitized products, and share it (by email in particular).

At the end of the thirty (30) day period, the data is automatically deleted.

5.3. Supervision and verification of data

The User is informed that the total absence of errors cannot be guaranteed: the information extracted or presented by the Solution may contain omissions, inaccuracies or confusions.

The use of the Solution must always be carried out under the supervision and control of the User, healthcare professional or person authorized for this purpose.

It is the User's responsibility to verify, before any use, the accuracy and consistency of all information from the Solution, whether incoming data (from scanning) or outgoing data (exported or used in a medical record where applicable).

The Solution has a strictly assistive role, and in no way substitutes for the judgment, vigilance or responsibility of the User. The Publisher cannot be held responsible for any direct or indirect consequence resulting from an error, omission, or misinterpretation of data produced by the Solution.

5.4 Evolution of the Solution

The User is informed that automatic updates may be deployed to maintain the security and compliance of the Solution. These updates may modify or delete certain functionalities without the Publisher being held liable in this regard.

Article 6. User Obligations

6.1 The User undertakes, for the entire duration of use of the Services and the Solution, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

Furthermore, the User guarantees that no information communicated during the use of the Services infringes the rights of third parties or is contrary to the law, public order and good morals.

6.2 The User undertakes never to use the Solution in a manner that could harm the Publisher and affiliated companies, other Users, as well as the proper functioning of the Solution.

6.3 In the event of a breach by the User of any of the provisions of these GTU, the Publisher reserves the right to:

• Suspend, delete or prevent access to the Solution for the User(s) concerned;
• Delete the content or information related to the breach in whole or in part;
• Take all appropriate measures and initiate any legal action;
• Where applicable, notify the competent authorities, cooperate with them and provide them with all information useful for the investigation and prosecution of illegal or illicit activities.

Article 7. Liabilities

In application of the provisions of these GTU:

7.1 The Publisher cannot be held responsible for information generated following a scan and gives no warranty, express or implied, in this regard.

7.2 The Publisher's liability shall be excluded in the event of use of the Solution under conditions not in accordance with these GTU.

7.3 Furthermore, the Publisher cannot be held responsible for non-functioning, inability to access or malfunction of one or more functionalities of the Solution attributable to the User's access provider and/or the Internet network. The same shall apply for any other reasons external to the Publisher.

7.4 The Solution is provided "as is" without warranty of absence of error, continuity or suitability for a particular purpose. The Publisher does not guarantee that the Solution will meet the specific requirements of the User or that it will operate without interruption, delay or failure.

7.5 The User undertakes to indemnify and hold harmless the Publisher and its subsidiaries, affiliates, representatives, agents and staff, from any claim resulting from the use of the Solution not in accordance with these GTU, from their non-compliance with these GTU or from other actions on their part related to prohibited use of the Solution.

Article 8. Intellectual Property

8.1 All Content visible on the Solution, relating to the general structure of the Solution, as well as texts, logos, and any other element composing the Solution, belongs to the Publisher or to third parties who have granted it the rights necessary for its exploitation, and remains in any case the exclusive property of the Publisher or their respective owners.

8.2 Any exploitation, whether commercial or not, including any downloading, copying, reproduction, distribution, transmission, broadcasting, adaptation, translation or representation, in whole or in part, of Content from the Solution, or of all or part of the general structure of the Solution, by any means and process, current or future, on any medium, current or future, without the prior written authorization of the Publisher or their respective owners, is prohibited and may give rise to legal proceedings, particularly for counterfeiting.

In general, any total or partial reproduction, modification or use of these elements for any reason and on any medium whatsoever, without the express and prior agreement of the Publisher, is strictly prohibited.

The same applies to any combination or conjunction with any other distinctive sign intended to form a composite logo.

8.3 In the event of a claim relating to the rights of third parties, the User shall indemnify and hold harmless the Publisher from any consequences that may arise therefrom.

Article 9. Personal Data and Cookies

9.1 Personal Data

In principle, the use of the Services does not involve the communication of Personal Data by the User.

On an exceptional basis, the User may be required to provide certain of their information, including personal information, necessary for their proper execution. This will be the User's email address in this case.

In this context, the Publisher undertakes, as data controller, to protect this Data in accordance with the applicable regulations on Personal Data, and in particular Regulation (EU) No. 2016/679 of April 27, 2016 known as the "General Data Protection Regulation" or "GDPR" and Law No. 78-17 of January 6, 1978 known as the "Data Protection Act" as amended (hereinafter referred to as the "Applicable Regulations").

9.2 Security

The Publisher implements appropriate technical and organizational measures to ensure the security of the Solution. However, the User acknowledges that absolute security does not exist on the Internet and in software matters and that the Publisher cannot be held responsible for intrusions, alterations, or unauthorized disclosures of data resulting from illegal access to the Solution.

Article 10. Force Majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Article 11. Miscellaneous

11.1. Non-waiver

The fact that one of the Parties to these GTU has not required the application of any clause whatsoever, whether permanently or temporarily, may in no case be considered as a waiver of the rights of that party arising from said clause.

11.2. Nullity

If one or more provisions of these GTU are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these GTU shall retain their full force and effect.

Where applicable, the Publisher undertakes to delete and replace said clause as soon as possible with a legally valid clause.

11.3. Titles

In the event of difficulty in interpretation between the title and the chapter of any of the articles and any of the clauses, the titles shall be deemed unwritten.

11.4. Bloctel

The Publisher does not process the User's telephone number in the context of the use of the Services.

Nevertheless, the Publisher informs the User that, in accordance with the applicable regulations on telephone canvassing, the latter may register free of charge on the Bloctel telephone canvassing opposition list available at the following url https://www.bloctel.gouv.fr/

11.5. Assignment or transfer

The Publisher reserves the right to assign, transfer or contribute to any third party the rights and obligations arising from these GTU, subject to informing the User by any means.

Article 12. Jurisdiction – Applicable Law

These GTU are governed and interpreted in accordance with French law.

In the event of a dispute likely to arise in connection with the interpretation, performance and/or termination of these GTU or in relation to these GTU, the Parties undertake to make every effort to resolve it amicably.

If the Parties fail to settle the dispute after at least thirty (30) working days of negotiation, the dispute shall be settled before the competent courts within the jurisdiction of the Lyon Court of Appeal, even in the event of summary proceedings, incidental claims, warranty claims or plurality of defendants.