Terms and conditions of use of the wistim app

Updated on June 13, 2022

1. Preamble

These Terms and Conditions of Use ("TCU") govern your use of WiStim’s app and of any content and functionality accessible via the app published by WiStim (hereinafter the "WiStim Service").

Your use of the Wistime Service implies complete acceptance, in full and without reserve, of these TCU.

2. Legal disclaimers

The WiStim Service is published by WiStim, Société par actions simplifiée (a simplified Joint-Stock company), having its registered office located:
62 rue de Prony-75017 Paris, FRANCE
application@wistim.fr
Tel: +336.11.38.44.83
Registered with the Register of Commerce and Companies of Nanterre under the No. 815 293 329 – VAT No.: FR 70 815 293
Managing Director: Alexandra Mesner
(hereinafter « WISTIM »)

The WiStim Service is hosted by ITS Integra, a hosting company 'healthcare data host' accredited.

3. Protection of your personal data

3.1 When You Use the WiStim Service without your Gynecologist being registered

WISTIM collects and processes your personal data in connection with the provision of the WiStim Service. Certain personal data collected by WISTIM are essential, in particular to enable the WiStim Service to work properly, whereas others are optional.

Purposes of processing your personal data

WISTIM processes your personal data for the following purposes:

• Enable you to register on the WiStim Service by creating a profile/user account;
• Enable you to subscribe to the newsletters published by WISTIM or its partners according to your preferences;
• Administer the WiStim Service, understand the usage trends and improve its operation;

Recipients of your personal data

Access to your personal data for the purposes described hereinabove is reserved to WISTIM and will not be transferred to third parties.

Retention period of your personal data

WISTIM undertakes to keep your personal data for a period of time which does not exceed what is necessary for the purposes for which they are processed.

If you are not connected to a doctor, your personal data are kept in an active database until you delete your profile or they are deleted after a period of five years of an ongoing inactivity of your account (legal prescription period).

If you are connected to a doctor for the purpose of communicating with him through the app, these data will be considered as part of your medical record. In this case, the retention period of your data will be 20 years pursuant to Article R1112-7 of the Public Health Code amended by Decree No. 2018-137 of February 26, 2018.

Your rights of access, rectification, deletion, opposition and portability

Pursuant to the governing personal data protection legislation, you have the right to access, rectify and delete any personal information relating to you, as well as to oppose, for legitimate reasons, the processing of your personal data. You can exercise any of these rights at any time by sending an email to the following address: application@wistim.fr.

You may request to receive your personal data that you have provided to WISTIM in a structured, commonly used, machine readable format, and you have the right to transfer your data to another manager of the data processing.

3.2 When you use the WiStim Service and your Gynecologist is registered

WISTIM collects and processes personal data relating to you in the name and on behalf of your gynecologist as part of the provision of the WiStim Service and its associated features.

As such, WISTIM only acts on instruction of your gynecologist and undertakes to take all necessary precautions to preserve the security of the information, and in particular to prevent the data from being distorted, damaged or communicated to any unauthorized party.

4. Amendment of the CGU

WISTIM may amend at any time the non-substantial provisions of the TCU (provisions which do not set your main obligations or those of WISTIM pursuant to these TCU). WISTIM will inform you beforehand and the fact of continuing to use the WiStim Service after any amendment is made, shall imply acceptance of the TCU as amended.

In the event of any substantial amendment of the TCU (provisions amending the financial conditions, the duration, ...), WISTIM shall inform you of these amendments before they enter into force. You shall then have to accept the new TCU before continuing to use the WiStim Service.

5. Technical configuration

The minimal technical configuration required for using the WiStim Service is the following ones:

• Apple terminals from the Iphone 5 under IOS 9 or higher.
• Android devices in version 5.X or higher.

Equipment (phone, tablet, Internet box ...) and software (iTunes Store, ...) enabling access and/or use of the WiStim Service are your sole responsibility, as well as the telecommunication costs incurred by its use.

6. General overview of the app

The WiStim Service has been designed to be a practical communication tool to enable you to manage your treatment and medical follow-up.

This tool developed by WISTIM optimizes communication between you, your gynecologist and the medical laboratories and improves the reliability of the information. Thanks to the WiStim Service you become an actress of your medical support in medically assisted procreation.

The WiStim Service enables you to, in particular:

• Create a personalized profile;
• Receive and consult your personalized treatment;
• Improve your understanding and apprehension of the medication and its injection administration through tutorials;
• Set reminders for injections;
• Manage your stimulation appointments via an interactive calendar;
• Access your biological test and ultrasound results of the day;
• View tutorials relating to the products;
• Access reviews and videos from WiStim's expert partners;
• Receive messages from your gynecologist
• Store your results/exams;
• Archive and file your results;
• Transfer the date of your last menstrual period.

7. Create your profile

The use of the WiStim Service is restricted to those having created a profile after having completed the registration form available when you first logged in to the Wistim Service.

By registering, your certify and guarantee that all the information you provided when you registered are accurate, correct and up-to-date and hereby takes responsibility for the accuracy and truthfulness of those information provided. You also undertake to update all the information relating to your user account should any information change.

Any misrepresentation, in particular for the purpose of assuming the identity of another person, is likely to lead to the final deletion of your registration without any compensation whatsoever and without prejudice to WISTIM’s other rights.

While creating your user account, you will be asked to choose a login and a password ("User ID") to identify yourself. The password is confidential. In any case, you agree to be responsible for the use that can be made of your User ID and you undertake to act as the guarantor of its confidential nature, and ultimately of any use that may be made of your user account. If there is a suspicion of misuse of your User ID by a third party, you are requested to change your password. In any event, you undertake to immediately inform WISTIM of any unauthorized use of his user account and/or any breach of the confidentiality and/or security of your User ID.

If there is any unauthorized use of your User ID, you will be responsible for any act resulting from the misuse of the WiStim Service. WISTIM cannot be held liable for any loss or damage resulting from non-compliance with your obligations as provided for in this article.

8. Accessing the features of the WiStim Service

Two types of access to the WiStim Service are available:

• Free access

You can access freely the following features:

• Create your profile;
• Access the reviews and videos of WiStim's expert partners, which will be available on a future release of the app.

● Pay-per use access

If your gynecologist decides to join the Wistim service and once his membership becomes effective, you have the opportunity to subscribe to a paid offer of the WiStim Service.

By subscribing to the paid offer, you can, in addition to the features offered to any user of the WiStim Service in free mode, benefit from the following additional features:

• Calculate the dates of your next menstrual periods;
• Hold and manage an interactive calendar;
• Set reminders;
• Communicate your test results to your gynecologist
• Receive your results and your personalized treatment from your gynecologist
• Archive the stimulation results sent by your gynecologist
• Use a secured mailbox enabling your gynecologist to send you certain information;
• Access and view tutorials showing the essential steps to reconstitute the product and the administration method for the injection.

As part of the provision by WISTIM of paid features described hereinabove, Hipay provides the necessary payment tools.

You can access the paid features of the WiStim Service by paying a monthly subscription through automatic withdrawal.

By confirming your payment, you acknowledge (i) that the relevant payment is made to Hipay, and that you (ii) have read and accepted Hipay’s terms and conditions of use.

An invoice is immediately sent by WiStim to the email address you provided when creating your profile.

The access and use of those new features may begin as soon as payment is confirmed.

Unless you demonstrate otherwise, the records of Wistim will be considered as proof of payment.

After having subscribed to the paid offer of the WiStim Service, you have a period of fourteen (14) days from the receipt of the invoice sent by Wistim to change your mind with or without cause and be fully refunded of all the fees incurred.

If you have chosen the monthly subscription option, your payment will be automatically renewed at the end of the subscription period, unless you cancel your subscription before the end of the ongoing subscription period. The cancellation will take effect on the day after the last day of the subscription period and from then on, you will only have access to the free features of the WiStim Service. If you cancel your subscription before the end of the ongoing subscription period, WISTIM will not refund the subscription fees already paid.

9. Using the WiStim Service

You undertake to use the WiStim Service only for your personal use and not to engage in acts of any kind whatsoever which would affect public order, the rights of WISTIM or of third parties, or more generally, which would violate any legal or statutory provision or the customs in force.

More specifically, you undertake in particular to strictly comply with the following rules:

• Not to publish inaccurate or misleading information when creating a user account, in particular to deceive others;
• Use the WiStim Service in a fair manner and pursuant to its purpose and to the TCU;
• Not to use all or part of the WiStim Service to advertise your personal website/app or for any other commercial purpose;
  In addition, you also agree not to infringe or attempt to undermine the integrity or the security of the IT infrastructure which is the basis of all or part of how the WiStim Service operates. As such, you undertake in particular, to strictly comply with the following rule:
• Not to extract data from the WiStim Service for any unauthorized reuse;

If you fail to comply with one or more of these rules, access and/or use of the WiStim Service may be temporarily or permanently suspended without notice and without refund or compensation of any kind regarding the paid features to which you have already subscribed.

In addition, your user account may be blocked temporarily or permanently by WISTIM. In this case, WISTIM will inform you beforehand (except in case of an emergency).

As part of the WiStim Service which makes available some storage space for storing your results/exams, you must ensure that the WiStim Service is not the only storage location you use for storing your results/exams. The WiStim Service only provides a reduced storage space for your results/exams as an additional feature; WiStim Service is not a full storage service.

10. Intellectual Property

• Services and content of the WiStim Service

The services and the content made available by WISTIM via the WiStim Service are the property of WISTIM or are licensed by third parties to WISTIM. WISTIM (or its partners) is (are) the owner(s) of all the intellectual property rights both as to the structure as well as to the content of the services or has (have) regularly acquired the rights allowing the exploitation of the structure and content. The services as well as the content constitute a database within the meaning of the law, including the tutorials and the general information forms put at your disposal. As such, WISTIM has a monopoly over the exploitation of this database; any total or partial extraction and any reuse of the elements of this database by you is strictly prohibited.

Any reproduction (including downloading, printing, etc.), representation, adaptation, modification, translation, transformation, dissemination, integration into another website, commercial exploitation or otherwise, and/or reuse in any manner whatsoever of part or all of the elements reproduced on the WiStim Service is strictly prohibited.

Any unauthorized use of any of one of the elements reproduced on the WiStim Service may, without prejudice to the deletion of your user account, result in civil and/or criminal prosecution and the payment of damages.

• License to use the WiStim Service

The WiStim Service may be used by you pursuant to the provisions listed in these TCU.

WISTIM grants you a non-exclusive, personal, non-transferable license to use the WiStim Service pursuant to these TCU. This license is revocable at any time.

This license grants you the rights, strictly listed, to access the WiStim Service and to use the content made exclusively available to you for his personal use and may not be used for any other purpose.

You acknowledge that certain content may only be used as part of the WiStim Service and by strictly complying with the TCU. The use of any automated or computerized instrument not authorized by WISTIM to access, obtain or download content or to use the WiStim Service is strictly prohibited.

Any marketing of the WiStim Service (content and/or features) by you, either free of charge or paid, is strictly prohibited.

10. Liabilities

• Our Liability

Due to the specific nature of the Internet, WISTIM and its subcontractor do not accept any liability for the unavailability of the WiStim Service or for any difficulty or inability to access the content or any failure of the communication or storage system which may render the WiStim Service unavailable due to events that are unrelated to WISTIM.

Also, WISTIM is not liable for the speed of access relating to the WiStim Service or failures of your equipment.

WISTIM’s liability may not be triggered in case of any service disruption to access the WiStim Service due to maintenance operations, updates or modifications of all or part of the WiStim Service and in case of force majeure.

Should WISTIM be held liable for a damage not provided for in this article, WISTIM's liability will be limited to the specific, actual, and direct damages.

Under no circumstances shall WISTIM, its managers, employees and, in general, its representatives and partners, be held liable for indirect damages resulting from the use of the WiStim Service, as well as the contents published therein, and in particular for the damages resulting from the loss of the data due to the inability to use the WiStim Service.

The tutorials available on the WiStim Service are not official videos approved by the health authorities. WISTIM does not, in any way whatsoever, guarantee the accuracy, quality or fitness for a particular purpose, of the tutorials published on the WiStim Service. Tutorials are only a general and generic illustration of techniques to administer the injections; these tutorials cannot in any way substitute for personalized recommendations from your doctor. Thus, WISTIM invites you to check with your doctor the techniques to administer the injections which are appropriate for you.

• Your liability

You are fully liable for the accurate reconstitution of the product and how it is injected even if you have followed a tutorial available on the WiStim Service.

You are also fully liable for maintaining the security and integrity of your data, hardware and software when accessing the WiStim Service or when using the WiStim Service.

In the event the access to the WiStim Service is suspended, you are invited to contact your gynecologist in order to ensure the continuity and successful follow-up of your treatment.

12. Unsubscription of the WiStim Service and the Termination of your user account

12.1 Termination of the WiStim Service

You may terminate your user account at any time using your app. To do so, you need to go to the settings of your app, on the tab ‘manage my subscription’ and click unsubscribe. Warning, a simple deletion of the app is not enough.

In case of non-compliance with the TCU and/or the fraudulent use of your user account either by yourself or a third party, WISTIM may deactivate your user account and you will no longer have access to the services and contents of the WiStim Service. In this case, WISTIM will inform you beforehand.

12.2 Termination of your profile or deletion of your account

You may unsubscribe your profile at any time by sending your request to the following address: application@wistim.fr.

Once you have unsubscribed, you will no longer have access to your User ID nor access your profile or contents.

If you use the WiStim Service without being connected to a doctor, you can request the deletion of your account by sending an email to: application@wistim.fr

If you have used the WiStim service while being connected to your doctor in order to receive the instructions relating to your treatment, you can request the deletion of your account by sending an email to: application@wistim.fr.

The data exchanged with your doctor will be kept in your medical record. This medical record will remain available to your doctor for a period of 20 years pursuant to Article R1112-7 of the Public Health Code amended by Decree No. 2018-137 of February 26, 2018.

Whether you are using the WiStim Service in free mode or in paid mode:

• WISTIM reserves the right to temporarily or permanently interrupt the access to the WiStim Service, in particular in case of termination of the activity related to the provision of the WiStim Service, or in case of insolvency proceedings;
• WISTIM also reserves the right to terminate your user account if WISTIM has been informed that you have breached these TCU.

12.3 Consequences of your unsubscription/termination

If you unsubscribe from the WiStim Service, your data will continue to be stored so that you can keep your records and test results that you have stored.

In the event of a termination/deletion of your profile, your exam results that you have stored in the WiStim Service's storage space will be deleted within one hundred and eighty (180) days from the receipt of an email by WISTIM confirming your unsubscription/termination. However, with your express agreement.

Your Refund

WISTIM undertakes to reimburse you the prepaid fees for the period after the termination on a pro rata basis in the following cases:

• When you terminate your user account due to a serious misconduct by WISTIM;
• When you refuse the substantial modifications of the TCU that you would be offered by WISTIM and terminate your user account;
• When WISTIM terminates your user account except if you do not comply with these TCU.

13. Contact

For any information, you can contact WISTIM by mail at the following address: 9 rue Perronet 92200 Neuilly sur Seine, or by email at the following address: application@wistim.fr.

14. Governing law and jurisdiction

These TCU are subject to French law.

15. Miscellaneous

If one of the provisions of these TCU is declared invalid or unenforceable for any reason whatsoever, the other provisions shall remain enforceable without any amendment.

Your acceptance of these TCU constitutes the entire agreement between the parties with respect to the subject matter at issue and prevails over any other previous agreement between the parties with respect to the same subject matters and, unless otherwise specified in this document, it cannot be amended without the parties’ consent.