General terms and conditions of use
MYdys Edu app

In force since

Preamble

The company FACIL’iti, a one-person simplified joint stock company with a capital of 21,500 euros, whose registered office is located at 16 rue Soyouz - Parc Ester Technopole – 87280 LIMOGES and registered in the LIMOGES Trade and Companies Register under number 834 795 023 (hereinafter referred to as “FACIL’iti”), is a company whose main activity is technological support for accessibility, digital assistance consultancy, and the provision of online, mobile and offline services and content on all media.

FACIL’iti has developed an application to help people with dyslexia in their daily lives. This Application deciphers, retranscribes and adapts texts captured by the Device in order to make them more comprehensible and accessible to reading and understanding, whatever the nationality of the User.

The User wishes to use the FACIL’iti Application in order to benefit from this digital assistance solution.

These GTC govern all the different rules of use of the Application published by FACIL’iti.

The MYdys Application may be used in an educational context, notably via the Resource Access Manager (GAR) of the Ministry of National Education, allowing students secure access to the Application through their Digital Workspace (ENT).

Article 1 – Definitions

The following terms, when used in this Contract with the first letter of the words capitalized, whether in the singular or plural form, shall have the meanings set forth below:

Article 2 – Acceptance – Modification

Article 2.1 – Acceptance of conditions

By installing the Application on their Device and/or accessing the Application, the User unconditionally and unreservedly accepts the entirety of the GTC defined below, regardless of use. Any unconditional acceptance is considered null and void.

Acceptance of the GTC by the User is materialized by a click on the “Let’s go” button directly accessible during their first login to the Application.

In the case of access via the GAR, acceptance of these Terms of Use is deemed to have been given by the student (Education User) at the time of their first login via their ENT. Legal guardians are informed of this usage by the institution or local authority managing the ENT.

Article 2.2 – Modification of conditions

FACIL’iti reserves the right to modify these GTC at any time in order to adapt them to changes in the Services, technical, legal or jurisprudential developments or when new features are implemented.

These changes will be brought to the attention of the User by any means 30 days before the implementation of said changes.

Article 3 – Access and functionality

Article 3.1 – Legal capacity

The Application and Services are accessible:

Article 3.2 – Technical arrangements

For the proper functioning of the Application Services, the User must have a compatible Device, access to the internet and a customer account in a virtual store to download the Application.

Article 3.2.1 – Essential features

It is necessary that certain features of the Device are activated: mobile data network or wifi access, camera and video camera.

If these features are not enabled or present on the User’s Device, certain Services will not be functional on the Application.

Article 3.2.2 – Internet access

For optimal use of the Application and thus to benefit from all the Services offered, the User must have a sufficient internet connection.

FACIL’iti cannot be held responsible for the malfunctioning of the Application in case of absence or weak internet connection, as specified in Article 7 of the GTC.

All costs of phone connections and internet access shall be borne by the User. FACIL’iti does not provide the User with any material means, in particular phone installation, terminal equipment, software or subscription, to connect to the Application.

Article 3.2.3 – Store download

To download the Application free of charge, the User must have a customer account in a virtual store at one of the providers of the Application: App Store or Google Play Store.

FACIL’iti only ensures that the Application is published on the various stores and that the Application is compatible with most Devices on the market. The User is therefore informed that their Device must meet certain requirements relating to their operating system, which can be found on the store.

Due to the large number of different models, FACIL’iti cannot guarantee the perfect compatibility of the Application with all Devices and will therefore not be responsible for any malfunction.

In an educational context, the Application may also be deployed on students’ Devices via a Mobile Device Management (MDM) tool, without direct intervention by the student on the app stores.

Article 3.2.4 – Configuration of protected networks (whitelisting)

When using the Application on a protected Wi-Fi network (notably within educational institutions, government agencies, corporate environments, or public spaces such as trade shows), the User is informed that security systems (firewalls) may block access to the Application’s essential services.

To ensure the proper functioning of optical character recognition (OCR), text-to-speech, and translation services, the network administrator or Information Technology (IT) Department at the place of use must authorize (whitelist) traffic on HTTPS port (443) for the following domains:

The failure of the network managing entity to correctly configure the Wi-Fi shall in no way engage the liability of FACIL’iti in the event of service malfunction.

Article 3.3 – Financial arrangements

The User is not required to make any payment for the download and use of the Application which is therefore offered free of charge, except for:

Article 4 – Services

The application helps people with dyslexia in their daily lives. The purpose of this Application is to decipher, retranscribe and adapt texts captured by the Device in order to make them more comprehensible and accessible to reading and understanding, whatever the nationality of the User.

The User shall have access to the Services, in a form and according to the functionalities and technical means that FACIL’iti deems most appropriate.

Article 4.1 – Services

Article 4.2 – Use of the Application in an educational context (via the GAR)

The MYdys Application may be used in a school context at the request of an institution or local authority, notably through an agreement with FACIL’iti. In this case, access to the Application is carried out via authentication through the Resource Access Manager (GAR) of the Ministry of National Education.

In this context, the student accesses the Application via their ENT, without the creation of an individual account and without direct collection of personal data by FACIL’iti. Data processing is carried out in accordance with applicable regulations and under the responsibility of the educational institution or local authority.

FACIL’iti then acts as a processor on behalf of the educational authority responsible for the processing, in compliance with GDPR obligations.

Article 5 – User obligations

The User undertakes to:

Article 6 – FACIL’iti obligations

FACIL’iti is subject to a general obligation of means concerning the access and use of the Services. Thus, FACIL’iti will do its utmost to ensure the quiet enjoyment, quality of access, proper functioning and continuity of the Services.

However, FACIL’iti does not guarantee that the operation of the Service will be continuous and without error. FACIL’iti is not responsible for the unavailability, interruption or malfunctioning of the Services, for any reason, and in particular in the event of an update, maintenance, failure of the internet access provider, its host, a breach by a third party or in the event of force majeure.

If necessary, FACIL’iti reserves the right to carry out updates and/or maintenance and/or improvement works, without prior notice to the User.

Article 7 – Application security

Article 7.1 – User risks

It is the User’s responsibility to take all appropriate measures to protect their own data and software stored on their Device against any attack, whatever its form.

Consequently, the User assumes all the consequences that may arise from the use of the Application.

Article 7.2 – Network risk

In the case of a required internet connection, the User acknowledges and accepts the limits and issues of the internet network and for which FACIL’iti cannot be held responsible, in accordance with Article 8 of the GTC.

These excluded issues are as follows:

Article 8 – FACIL’iti liability

Article 8.1 – FACIL’iti liability

The User may engage the liability of FACIL’iti as soon as it has previously sent a formal notice by registered letter with acknowledgment of receipt concerning the alleged breach, without any response within 30 days.

It is reminded that FACIL’iti cannot be held responsible in case of:

The Services are provided by FACIL’iti as is. Consequently, the User accepts that the Application and associated Services are not totally free of errors and defects and that they have not been developed with a view to satisfying their individual requirements, and therefore undertakes to check their compliance with their own needs and constraints.

The User is solely responsible for any direct or indirect, material or immaterial damage caused by them or one of their representatives to FACIL’iti or to third parties as a result of the use of the Application and associated Services.

Accordingly, the User shall not hold FACIL’iti liable for any loss, claim, dispute, damage or expense, including legal or defense costs, asserted by a third party or by another User for any reason and for any financial, commercial or data loss.

It is expressly agreed between the parties that this clause shall continue to apply even in the event of Contract termination by a court decision that has become enforceable.

Article 8.2 – Liability in educational use

In the context of educational use of the Application, notably via GAR access, institutions or local authorities are solely responsible for informing students and their legal guardians, as well as for supervising usage.

FACIL’iti cannot be held liable in the event of a failure to meet these obligations by the institution, or in the case of usage that does not comply with the digital policy implemented within the educational framework.

Article 9 – Guarantee

Each party undertakes to the other and guarantees:

The User shall indemnify FACIL’iti against all types of claims, complaints, actions and/or demands that FACIL’iti may suffer as a result of the User’s breach of any of its obligations under the Contract terms.

Consequently, the User undertakes to compensate FACIL’iti for any prejudice that it may suffer and to pay all costs, charges and/or penalties that it may have to bear as a result.

Article 10 – Duration

The GTC apply throughout the period of use of the Services by the User from the time of their acceptance under the conditions described in Article 2 of the GTC.

Article 11 – Termination

FACIL’iti may decide to terminate the provision of the Application at any time subject to giving 15 days’ notice.

Notification of the end of availability will be made by displaying a message on the home screen of the Application.

It is reminded that FACIL’iti does not have to justify its decision to terminate the provision of the Application and that this decision cannot give rise to any compensation.

Article 12 – Penalties

In the event of a breach of one or more of the provisions of the GTC, or any other document drawn up by FACIL’iti, it reserves the right to take any appropriate action and in particular to:

Article 13 – Intellectual property

Article 13.1 – Ownership of intellectual property rights

FACIL’iti is the exclusive owner of all intellectual property rights relating to the Application and the Content. Downloading the Application does not confer any right to the User on these intellectual property rights.

In this respect, when acting outside of a license granted by FACIL’iti, the User undertakes to respect the intellectual property rights attached to the elements making up the Application and in particular undertakes not to extract, copy, reproduce, modify, republish, download, display to the public, encode, translate or distribute, permanently or temporarily, all or part of the Content of the Application, by any means and in any form whatsoever, under penalty of legal action.

The User expressly undertakes to ensure that their use of the Application does not in any way infringe FACIL’iti’s rights and in particular does not constitute an act of counterfeiting or unfair or parasitic competition.

Article 13.2 – Right of use of the Application by the User

FACIL’iti grants the User a personal right to use the Application and Services which is non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for their own needs to the exclusion of any other purpose. Any other use is subject to the prior and express authorization of FACIL’iti.

In this sense, the User is strictly forbidden to:

In the event of non-compliance with these prohibitions, FACIL’iti is free at any time to interrupt or suspend access to all or part of the Application and the Services to the User, under the conditions of Article 12 of the GTC.

Article 14 – Privacy policy / Protection of personal data

With the exception of personal data collected by the User sending an email to the helpdesk mentioned in Article 4.1 of the GTC, no personal data concerning the User is collected by the Application.

In accordance with the amended law no. 78-17 of January 6, 1978, known as the Data Protection Act, and European Regulation no. 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), the personal data potentially transmitted by the User and mentioned in the previous paragraph will be kept within an automated file under the responsibility of FACIL’iti.

It is expressly agreed between the parties that FACIL’iti:

The data collected by the MYdys application is used solely to enhance the user experience and ensure the proper functioning of the services. No personal data is collected without the explicit consent of the user. Usage data is used for statistical purposes and for the proper execution and continuous improvement of the services.

FACIL’iti uses the “Google Analytics for Firebase” service solely for the purpose of sending notifications to the User. When accessing the application via the GAR (Gestion d’Accès aux Ressources numériques – the French Ministry of Education’s digital access system), this service is disabled.

We do not collect or share any personal or sensitive data, except for the data strictly necessary to authenticate students when they log in via GAR. In this context, MYdys only receives: the institution code [UAI] and the opaque identifier [IDO]. These data are used exclusively to enable the student’s secure login and are never used for any other purpose nor shared with third parties.

Images or photographs uploaded to the Application by the User, as well as captured texts, are processed via FACIL’iti services, which use certain AWS and Google solutions to provide the User with all the functionalities described in Article 4 of the GTC. These data are not collected by FACIL’iti.

In the case of access via the GAR, authentication data (logins, profiles, class assignments, etc.) are neither accessible to nor stored by FACIL’iti. Authentication is fully handled by the Resource Access Manager, in accordance with the GAR agreement signed with educational authorities.

In accordance with GDPR regulations and the CNIL’s guidelines on data processing in educational settings, FACIL’iti acts as a processor for the processing carried out within the framework of agreements with institutions or local authorities. The legal basis for processing is the public interest mission related to education (Art. 6.1.e GDPR).

No personal data of students is transmitted to FACIL’iti outside of this contractual framework, and no student profile is created without express authorization.

Article 15 – Force majeure

FACIL’iti shall not be held responsible or considered to have failed to comply with the GTC for any delay or non-performance when the cause is linked to a case of force majeure.

All facts or circumstances that are compelling, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. These include, in particular, hacker attacks, unavailability of materials, supplies, spare parts, personal equipment, interruption, suspension, reduction or disruption of electricity or electronic communications networks.

Article 16 – General provisions

Article 16.1 – Partial nullity

The annulment of one of the stipulations of the Contract will only lead to the annulment of the Contract as a whole, insofar as the disputed stipulation can be considered, in the minds of the parties, as substantial and determining, and its annulment calls into question the general balance of the Contract.

In the event that one of the Contract stipulations is deemed to be unsubstantial, the parties shall endeavor to negotiate an economically equivalent provision.

Article 16.2 – Waiver

The failure of one of the parties to rely at any time on the full and punctual performance of any Contract provision shall not constitute a waiver of any subsequent reliance on such provisions or of any right arising from any Contract breach, unless expressly made in writing and signed by one of the parties.

Article 16.3 – Evidence

The parties agree and declare that text messages, emails, instant message exchanges and any digital file that may have been communicated to them in the context of the conclusion and performance of the Contract, constitute original documents that are admissible before the courts and have the same evidential value as paper documents, provided that the person from whom it emanates can be duly identified and that it is drawn up and stored in conditions that guarantee its integrity in accordance with Article 1366 of the French Civil Code.

Article 17 – Applicable law – Competent jurisdiction

These GTC are subject to French law.

The GTC are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the case of a dispute.

In the event of any difficulty concerning the validity, interpretation, performance or termination of the GTC, the parties shall endeavor to resolve their dispute amicably.

In the absence of an amicable agreement between the parties, and subject to the public policy provisions applicable to jurisdiction, the dispute shall be submitted to the competent courts under the conditions of common law.

Article 18 – Consumer mediation

In accordance with Articles L. 616-1 and R. 616-1 of the French Consumer Code (Code de la consommation) governing consumer dispute mediation, a Non-Professional User who has submitted a written complaint to FACIL’iti and has not received a satisfactory response may, free of charge, refer the matter to the following consumer mediation body:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice

The mediator must be contacted within one (1) year of the written complaint sent to FACIL’iti. Mediation is free of charge for the Non-Professional User and is conducted in French. It is not a mandatory step: the User remains free at any time to bring the matter before the competent court.

This scheme is available to consumers residing in the European Union. It does not apply to Businesses or to Users acting for professional purposes.

Version history

Each version remains available at its own address: it records what applied on that date.

  1. version in force