In force since
This is an English translation of the French terms of use. Only the French text is legally binding (see Article 21).
Preamble
FACIL’iti, a single-shareholder simplified joint-stock company (Société par Actions Simplifiée unipersonnelle) with a share capital of 21,500 euros, whose registered office is located at 16 rue Soyouz – Parc Ester Technopole – 87280 LIMOGES, France, registered with the LIMOGES Trade and Companies Register under number 834 795 023 (hereinafter “FACIL’iti”), is a company whose main business is technological support for digital assistance and inclusion, accessibility consulting, and the provision of online, mobile and offline services and content on all media.
Drawing on its experience in developing digital assistance applications — including MYdys, a CES 2023 Innovation Award honoree — FACIL’iti has designed MYsen, a mobile application dedicated to older people. MYsen aims to support each user in discovering, reading and understanding all the written documents of everyday life: medication leaflets, administrative letters, press articles, appliance instructions and much more. Far more than a simple text simplification tool, MYsen acts as a discreet and caring assistant, built on artificial intelligence technologies and designed with a cognitive UX expert to ensure an intuitive, reassuring experience that is fully suited to the needs of older people.
MYsen rests on three fundamental guarantees that guide every design choice:
- Safety: no content generated by the Application replaces the advice of a healthcare professional or a qualified expert. Clear warnings accompany every answer in sensitive areas;
- Reliability: precise technical mechanisms, in particular the deterministic configuration of the extraction models and learning from examples (few-shot learning), are implemented to ensure that outputs remain faithful to the original document;
- Privacy: no account is required, no personal data is kept after processing, and use of the Application is completely anonymous.
The User wishes to use FACIL’iti’s Application in order to benefit from this digital assistance solution for older people.
These General Terms and Conditions of Use (hereinafter the “Terms”) govern all the rules for using the MYsen Application published by FACIL’iti. Please read them carefully. If any terms seem difficult to understand, do not hesitate to contact our support team — we are here to help.
Article 1 – Definitions
The following terms, when they appear in this document with a capital first letter, whether in the singular or plural, have the meaning defined below:
- Device means the mobile phone or tablet, compatible with the Apple iOS and/or Android operating systems, on which the User downloads and uses the Application;
- Application means the MYsen software, published and provided by FACIL’iti, giving access to the Services, available for download from Apple’s “App Store” and Google’s “Google Play Store”. The Application includes all Content, software, programs, tools, databases, operating systems, documentation, artificial intelligence components and all other elements and services that make it up, together with their successive updates. The Application is the exclusive property of FACIL’iti;
- Terms means these General Terms and Conditions of Use of the MYsen Application;
- Content means the structure of the Application (design, selection, coordination, expression, presentation and layout) and any content published or displayed in the Application, including editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, data, computer code and hyperlinks;
- Contract means the contractual whole made up of the Terms and any appendices;
- Health Data means any personal data relating to the physical or mental health of a person, within the meaning of Article 4(15) of the GDPR, that may be contained in a document submitted to the Application by the User (in particular medical leaflets, prescriptions, medical reports, test results);
- AI or Artificial Intelligence means the machine-learning algorithmic components built into the Application that make it possible, in particular, to analyse, rephrase, simplify and augment the texts submitted by the User;
- Licence means the right of access to the Services granted to a User through a third-party organisation (employer, insurer, mutual insurance company, care facility or any other partner organisation of FACIL’iti) under an agreement between that organisation and FACIL’iti;
- Non-Professional means any natural person acting as a consumer, or any legal person not acting for professional purposes, within the meaning of the introductory article of the French Consumer Code (Code de la consommation);
- Partner Organisation means any organisation (company, insurer, mutual insurance company, care facility, local authority, etc.) that has entered into an agreement with FACIL’iti to provide Licences to its members, employees, policyholders, residents or beneficiaries;
- Trial Period means the first fifteen (15) calendar days following the first installation of the Application, during which all features are available without restriction and without any obligation to subscribe or hold a Licence;
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data;
- Services means all the services and features offered by the Application, as specified in Article 4 of these Terms;
- User means any natural person of full age, or any minor who has obtained the prior authorisation of their legal representative, who has downloaded the Application for their own needs, for strictly personal and non-commercial use, without any direct or indirect profit motive. Given MYsen’s target audience, the User is generally an older person or a person helping an older relative.
Article 2 – Acceptance – Modification
Article 2.1 – Acceptance of the Terms
By installing the Application on their Device and/or accessing the Application, the User accepts all of the Terms set out below unconditionally and without reservation, whatever the use made of it. Any acceptance subject to reservations is deemed null and void.
Acceptance of the Terms is given by clicking the button provided for this purpose upon first launching the Application. This action constitutes full and complete acceptance of this Contract.
We encourage you to keep a copy of these Terms for future reference. If you have any questions about their content, our support team can be reached at the address given in Article 23.
Article 2.2 – Modification of the Terms
FACIL’iti reserves the right to amend these Terms at any time in order to adapt them to changes in the Services, to technical, legal or case-law developments, or when new features are introduced.
The User will be informed of these changes by any appropriate means (in-app notification, message on the home screen, email, etc.) at least thirty (30) days before they take effect. A User who does not wish to accept the new terms may cancel their subscription and stop using the Application within this period.
Article 3 – Access and operation
Article 3.1 – Legal capacity
The Application and the Services are available:
- To any natural person with full legal capacity to enter into the Terms. A natural person who does not have full legal capacity may only access the Application and the Services with the consent of their legal representative;
- To any legal person acting through a natural person who has the legal capacity to contract on its behalf.
Given the Application’s target audience, FACIL’iti points out that a caregiver (family member, healthcare professional, home help) may assist an older User in getting started with and using the Application, without this changing the status of User or the responsibilities that come with it.
Article 3.2 – Technical requirements
For the Services to work properly, the User must have a compatible Device, Internet access and an account on a download platform.
Article 3.2.1 – Required features
For optimal operation, the following permissions must be granted to the Application:
- Access to the camera, to capture documents and texts;
- Access to the Device’s storage, to read and save files;
- A mobile data or Wi-Fi network connection.
If these features are not enabled on the User’s Device, some Services will not be available. The User is invited to contact our support team for any difficulty during setup.
Article 3.2.2 – Internet access
To make the best use of the Application and benefit from all the Services, a sufficient Internet connection (Wi-Fi or 4G/5G) is required. Some advanced features, in particular those relying on AI, require an active connection.
FACIL’iti cannot be held liable for the Application malfunctioning in the absence of an Internet connection or with a weak one, under the conditions set out in Article 12 of these Terms.
All telephone connection and Internet access costs are borne by the User.
Article 3.2.3 – Download from a store
The Application can be downloaded free of charge from Apple’s App Store and Google’s Google Play Store. The User must have an account on one of these platforms to download it.
FACIL’iti ensures that the Application is published on these platforms and is compatible with most Devices on the market. However, given the wide variety of models available, FACIL’iti cannot guarantee perfect compatibility with all Devices. If you are unsure whether your Device is compatible, our support team is available to help.
Article 4 – Services
MYsen is the mobile application that guides older people in discovering and understanding all the written documents of everyday life. It acts as a discreet and caring assistant, allowing everyone to go further into each document, independently.
The User has access to the Services in the form and with the features that FACIL’iti considers most appropriate, and may in particular:
Article 4.1 – Capturing and analysing documents
- Photograph a document with the Device or import a previously saved image. The Application then extracts the text and processes it using FACIL’iti’s AI technologies;
- Submit digital files (in particular in PDF format) for analysis by the Application.
Article 4.2 – Simplifying and augmenting information
- Receive a simplified version of the text, suited to the comprehension needs of older people: rewording of complex vocabulary, explanation of implicit references, restructuring of sentences, clarification of figures of speech, use of logical connectors, etc.;
- Obtain augmented information: the Application sheds light on unclear points, explains technical terms, makes the context explicit where necessary, and makes it easier to navigate the document;
- View summaries and key points of the documents analysed.
Article 4.3 – Natural interaction and digital assistance
- Talk with the Application to ask questions about a document, ask for clarification or explore a particular point in more depth, by typing text or by voice command;
- Listen to the content through text-to-speech, for maximum reading comfort;
- Customise the display (font size, contrast, etc.) to their preferences.
Article 4.4 – Assistance and support
FACIL’iti provides the User with technical assistance at the following address: support@facil-iti.com. This address allows the User to report any difficulty encountered while using the Services. FACIL’iti undertakes to give every request a human and caring response as quickly as possible.
Article 4.5 – Changes to the Services
These Services may be extended or modified at any time by FACIL’iti. FACIL’iti reserves the right to offer any other Service it considers useful to improve the experience of older users.
Important: MYsen is a tool that assists understanding. It is not a medical device within the meaning of Regulation (EU) 2017/745, it provides no diagnosis, and it never replaces the advice of a qualified healthcare professional.
Article 5 – Access and subscription
Article 5.1 – Free trial period
From the first installation of the Application, the User benefits from a trial period of fifteen (15) calendar days, during which all features are available without restriction and without any obligation to pay. This trial period provides full access (“hard paywall”), with no feature limitations.
No payment information is required to benefit from this trial period.
At the end of these fifteen days, access to the advanced features requires a Licence or a personal subscription, under the conditions described in Articles 5.2 and 5.3.
Article 5.2 – Access through a Licence issued by a Partner Organisation
The User may access the Services on an ongoing basis if their organisation (employer, insurer, mutual insurance company, care facility, local authority or any other Partner Organisation) has entered into an agreement with FACIL’iti to provide Licences.
In this case, access is activated under the conditions defined in the agreement between the Partner Organisation and FACIL’iti. The User is invited to contact their organisation to find out the conditions of this access.
FACIL’iti cannot be held liable for the conditions under which a Partner Organisation grants, suspends or withdraws a Licence.
Article 5.3 – Personal subscription
In the absence of a Licence issued by a Partner Organisation, the User may take out a paid personal subscription, whose terms and current prices are set out and can be consulted on the Application’s official product page on Apple’s App Store or Google’s Google Play Store at the time of subscription.
FACIL’iti reserves the right to change prices for new subscriptions or upon renewal. These changes do not affect subscriptions in progress, whose pricing remains unchanged until the User cancels them.
Personal subscriptions are not transferable.
Article 5.4 – Payment and subscription management
Personal subscriptions are entirely managed and billed by the download platforms (Apple App Store or Google Play Store), in accordance with their own terms and conditions and payment processes.
FACIL’iti is not involved in the billing and payment process and cannot be held liable for any dispute, billing error or difficulty falling exclusively within the remit of these platforms. For any billing question, the User is invited to contact the platform concerned directly.
Article 5.5 – Cancelling a personal subscription
The User may cancel their personal subscription at any time, directly from the download platform (App Store or Google Play Store), in accordance with each platform’s own procedures.
In the event of cancellation, the User keeps access to the features until the end of the period already paid for. No partial or full refund is due for the current period.
Article 6 – Right of withdrawal
In accordance with Article L. 221-28 of the French Consumer Code, when taking out a personal subscription, a User who asks to benefit from the Services immediately, before the end of the fourteen (14) day statutory withdrawal period, expressly acknowledges that they waive this right of withdrawal for the subscribed period.
This waiver does not constitute a waiver by the User of their other rights as defined in the Terms.
Article 7 – Artificial intelligence
MYsen uses artificial intelligence technologies. This section explains how they work, what they do — and what they do not do.
Article 7.1 – Use of AI in the Application
The MYsen Application incorporates artificial intelligence (AI) components to analyse, rephrase, simplify and enrich the texts submitted by the User. These components are designed solely to assist understanding, and not for diagnostic, medical or decision-making purposes.
The User is informed, permanently and clearly within the Application, that AI is used to process their documents. This transparency is a fundamental obligation of FACIL’iti.
Article 7.2 – Compliance with Regulation (EU) 2024/1689 — AI Act
FACIL’iti undertakes to use AI technologies within MYsen in compliance with Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (hereinafter the “AI Act”).
Article 7.2.1 – Prohibited practices (Article 5 of the AI Act)
FACIL’iti expressly confirms that none of the prohibited AI practices referred to in Article 5 of the AI Act is implemented in the MYsen Application. In particular:
- The Application does not use any subliminal or manipulative technique likely to influence Users’ behaviour without their knowledge or against their interests;
- The Application does not exploit vulnerabilities related to age or to any cognitive limitations of older Users;
- The Application does not implement any social scoring system;
- The Application does not carry out any real-time remote biometric identification.
Article 7.2.2 – Provider responsibilities (Article 16 of the AI Act)
As a provider of AI systems within the meaning of the AI Act, FACIL’iti has put in place:
- A quality management system governing the development, deployment and monitoring of the Application’s AI components;
- Post-market monitoring to identify and correct any malfunction or drift of the AI systems after their deployment;
- Procedures for reporting serious incidents related to AI, in accordance with the applicable regulatory obligations.
Article 7.2.3 – Information on the capabilities and limitations of the AI system (Article 25 of the AI Act)
In accordance with Article 25 of the AI Act, FACIL’iti makes clear documentation available to Users and to any deployer covering:
- The capabilities of the AI system: text analysis and extraction, simplified rewording, information augmentation, natural-language interaction, text-to-speech;
- The known limitations: the system is not infallible, may produce inaccurate results on heavily degraded documents, complex handwritten texts or rare languages, and does not guarantee absolute accuracy in every case;
- The expected performance: optimised for everyday texts in French (leaflets, letters, press articles, prescriptions);
- The appropriate conditions of use: personal, non-medical, non-decision-making use.
Article 7.2.4 – Transparency obligations towards Users (Article 50 of the AI Act)
In accordance with Article 50 of the AI Act, the User is informed clearly, accessibly and systematically:
- That they are interacting with an AI system and not with a human being, when using the assisted dialogue features;
- Of the nature of AI-generated content, which is clearly identified as such in the Application;
- Of the inherent limitations of AI-generated results, in particular the possibility of inaccuracies.
Article 7.3 – Risk of hallucination and duty of vigilance
Anyone using an AI system should know that such systems can sometimes produce incorrect, incomplete or inaccurate information — this is known as “hallucination”. MYsen is not free from this risk, even though specific technical measures are in place to limit it.
The User is expressly invited to exercise critical judgement regarding any content generated by the Application, and in particular to:
- Consult the original document to check any important information;
- Never make a medical, financial, legal or administrative decision based solely on content produced by the Application;
- Seek the advice of a qualified professional for any question requiring specialist expertise.
Every AI-generated answer is accompanied, in the Application, by a cautionary message recalling these limits.
Article 7.4 – Duty of accuracy and technical safeguards
FACIL’iti implements specific technical measures to ensure reliable outputs:
- Deterministic configuration of the extraction models: the AI components are configured to reproduce the original text as closely as possible, without creative interpretation or unrequested free rewording;
- Learning from examples (few-shot learning): the AI is given concrete, contextualised examples so that it understands precisely the task expected of it, thereby limiting the risk of errors or misinterpretation;
- Automatic filtering through AWS Guardrails: any incoherent or potentially inappropriate content is filtered out before being presented to the User.
Despite these technical safeguards, FACIL’iti cannot commit to 100% accuracy in every situation. The User always remains able to go back to the original document to check or confirm a piece of information.
Article 7.5 – Limits on the uses of AI
The AI built into MYsen operates strictly within the scope of assisting the understanding of texts. Under no circumstances does it provide:
- A medical or health diagnosis, in any form;
- Medical, pharmaceutical, legal or financial advice;
- A prognosis or a therapeutic recommendation;
- A substitute for a relationship with a healthcare professional or any other qualified expert.
Article 8 – Health data and medical documents
Your health is your business. This section explains how MYsen handles the medical documents you may submit to it, and which protections apply.
Article 8.1 – Nature of the health data concerned
In the course of normal use, the User may submit to the Application documents containing Health Data within the meaning of Article 4(15) of the GDPR, in particular:
- Leaflets for medicines or medical devices;
- Medical prescriptions;
- Reports of medical consultations or examinations;
- Results of laboratory tests or medical imaging;
- Any other document containing information about the health of the User or of a third party.
Article 8.2 – Processing of Health Data
FACIL’iti has chosen not to collect or retain the Health Data submitted by the User. Texts containing Health Data are processed in real time through Amazon Bedrock, then immediately and permanently deleted once processing is complete. No health data is stored on FACIL’iti’s servers or used to train or improve the AI models.
This architectural choice reflects FACIL’iti’s fundamental commitment to respecting privacy.
Article 8.3 – Legal basis for processing Health Data (Article 9 GDPR)
Health Data are sensitive data within the meaning of Article 9 of the GDPR, whose processing is prohibited in principle, save for exceptions. Within MYsen, the processing — limited to the time strictly necessary to produce the result — is based on:
- The User’s explicit consent, within the meaning of Article 9(2)(a) of the GDPR, expressed by the voluntary act of submitting a document containing Health Data to the Application, after having read these Terms and the warnings displayed in the Application;
- In the alternative, the protection of the vital interests of the data subject within the meaning of Article 9(2)(c) of the GDPR, in particular in the context of helping older people understand medical prescriptions.
Article 8.4 – Limits and warnings specific to medical content
FACIL’iti expressly draws the User’s attention to the following points:
- MYsen is not a medical device within the meaning of Regulation (EU) 2017/745 on medical devices. The Application is not intended for the diagnosis, treatment, prevention or monitoring of a disease or medical condition.
- MYsen does not provide any medical advice. The rewordings or simplifications of medical documents produced by the Application serve only to help understand the text. They in no way constitute a medical interpretation, therapeutic advice or a health recommendation.
- The AI may make mistakes on medical documents. Medical terminology, medication dosage and clinical information are areas where the slightest inaccuracy can have serious consequences. The User must always check important information with a healthcare professional (doctor, pharmacist, nurse, etc.) before making any decision about their health.
- A specific warning is displayed in the Application whenever a medical document is detected, reminding the User of the need to consult a healthcare professional before any medical decision.
- A User who submits a document containing Health Data about a third party (family member, relative) undertakes to have obtained the consent of the person concerned, or to be acting as their legal representative.
Article 8.5 – FACIL’iti’s liability regarding medical content
FACIL’iti cannot be held liable for:
- Any medical, therapeutic or health decision made by the User on the sole basis of content generated by the Application;
- Any damage resulting from a misinterpretation or an inaccuracy in the rewording of a medical document;
- Any harm arising from the use of the Application as a substitute for a medical or pharmaceutical consultation.
Article 9 – Personal data protection and privacy
Your privacy matters to us. Here, in full transparency, is what MYsen does — and does not do — with your information.
Article 9.1 – Anonymity and data minimisation
MYsen was designed around one fundamental principle: use of the Application is completely anonymous. In practice:
- No user account is required to use the Application. The User has nothing to register, no login and no profile to create;
- No personally identifying data is collected by the Application in the course of normal use;
- Documents submitted to the Application (texts, images, photographs) are processed in real time and deleted immediately after processing. They are not stored, indexed or used for any other purpose.
Article 9.2 – Technical and operational data
For the proper technical operation of the Application, some usage data may be collected for statistical purposes and the continuous improvement of the Services. These data are strictly anonymised and can in no way identify an individual User.
FACIL’iti undertakes not to use any behavioural tracking tool or any advertising system within the Application.
Article 9.3 – Data provided when contacting support
The only personal data that FACIL’iti may process are those that the User voluntarily provides when contacting our support service (email address, description of the difficulty encountered). These data are used solely to respond to the User’s request and are not used for any commercial purpose.
In accordance with amended French law no. 78-17 of 6 January 1978 (Loi Informatique et Libertés) and the GDPR, these data are kept in an automated file under the responsibility of FACIL’iti. FACIL’iti undertakes to:
- Carry out no processing of these data other than handling the User’s request;
- Use all the means at its disposal to ensure the security, integrity and confidentiality of these data;
- Notify the User as soon as possible in the event of a personal data breach;
- Not disclose these data to any third party, except those to whom disclosure is strictly necessary or legally required.
Article 9.4 – Technical infrastructure and processors
Texts submitted by the User are processed through Amazon Web Services (Amazon Bedrock) services hosted in Europe. FACIL’iti has entered into agreements with its technical processors that comply with the requirements of the GDPR, in particular with regard to data transfers and security. These providers are not permitted to use the data processed for any purpose other than providing the service.
Article 9.5 – Rights of data subjects
In accordance with the GDPR, the User has the following rights over their personal data, where applicable:
- Right of access: obtain a copy of their personal data;
- Right to rectification: request the correction of inaccurate data;
- Right to erasure: request the deletion of their data within the limits set by the regulations;
- Right to object: object to the processing of their data;
- Right to restriction of processing: request the temporary suspension of the processing of their data;
- Right to data portability: receive their data in a structured, machine-readable format.
To exercise these rights, the User can contact FACIL’iti at the address given in Article 23. If a complaint remains unresolved, the User may refer the matter to the French data protection authority, the Commission Nationale de l’Informatique et des Libertés (CNIL): www.cnil.fr.
Article 9.6 – No sale or sharing of data
FACIL’iti formally undertakes never to sell, rent, transfer or share the User’s personal data with third parties for commercial or advertising purposes. MYsen is a space of trust, without advertising and without commercial exploitation of data.
Article 10 – User obligations
The User undertakes to:
- Use the Application on their Device exclusively for personal, non-commercial and non-professional purposes;
- Not copy all or part of the Content except under the conditions set out in Article 18 of these Terms;
- Not reproduce the navigation structure of the Application;
- Not sell, rent, sub-license or distribute the Application and/or the Content to third parties in any way whatsoever;
- Not attempt to gain unlawful access to any section or feature of the Services, by any means whatsoever;
- Not probe, scan or test the vulnerability of the Application;
- Not circumvent the Application’s security and authentication measures;
- Not exploit the Services or the information made available in order to disclose that information to unauthorised third parties;
- Not use any device, software or routine likely to interfere with the proper operation of the Application;
- Use the Application in a normal, non-malicious manner that does not place an excessive load on the Application’s infrastructure;
- Not use the Application to analyse texts of a child-pornographic, pornographic, defamatory, insulting, racist, obscene, violent, xenophobic or revisionist nature, texts inciting hatred or discrimination, infringing texts, or texts that violate the rights of third parties;
- Not attempt to submit texts intended to deceive, manipulate or circumvent the Application’s security and control systems;
- More generally, not use the Application, the Services and/or the Content for any unlawful or prohibited purpose.
Article 11 – FACIL’iti obligations
FACIL’iti is bound by a general obligation of means regarding access to and use of the Services. Accordingly, FACIL’iti does its utmost to ensure the quality of access, the proper functioning and the continuity of the Services.
However, FACIL’iti does not guarantee that the Services will operate continuously, error-free or be available at all times. FACIL’iti is not liable for the unavailability, interruption or malfunction of the Services, in particular in the event of an update, maintenance, failure of the Internet service provider, third-party intrusion or force majeure.
Where necessary, FACIL’iti reserves the right to carry out updates, maintenance or improvements without being required to inform the User in advance, unless these operations result in prolonged unavailability of the Services.
Article 12 – Application security
Article 12.1 – User’s responsibility for their Device
It is the User’s responsibility to take all appropriate measures to protect their Device, data and software against any attack, in particular by keeping their operating system up to date and using a secure unlock code.
Consequently, the User bears the consequences that may arise from the unsecured use of their Device while using the Application.
Article 12.2 – Risks related to the Internet
Where an Internet connection is required, the User acknowledges that they are aware of and accept the inherent limitations of the Internet, in particular:
- The characteristics and technical performance limits of the Internet;
- Problems related to connection, access, availability or failure of the network;
- The risk of network interruption;
- The lack of guaranteed protection against misappropriation, hacking or external virus attacks.
FACIL’iti cannot be held liable for these risks, under the conditions set out in Article 13 of these Terms.
Article 13 – FACIL’iti liability
The User may hold FACIL’iti liable provided that they have first sent it formal notice by registered letter with acknowledgement of receipt concerning the alleged breach, and no response has been given within thirty (30) days.
FACIL’iti cannot be held liable in the event of:
- The occurrence of a risk referred to in Article 12 of the Terms;
- Abnormal, non-compliant, unintended or unlawful use of the Application, in breach of Article 10 of the Terms;
- Temporary inability to access the Application due to maintenance, testing, repairs or interruptions beyond FACIL’iti’s control;
- Damage caused to the User, their Device or their data, which are the sole responsibility of the User;
- A decision made by the User on the sole basis of AI-generated content, in particular in medical, legal or financial matters;
- Inaccuracy of content generated by the Application’s AI components, notwithstanding the technical measures put in place in accordance with Article 7 of the Terms;
- Failure on the part of the User or misuse of the Device;
- Incompatibility of the Application with the User’s Device and software;
- Force majeure.
The Services are provided by FACIL’iti as is. The User accepts that the Application and the associated Services are not entirely free of errors or defects. The User is solely liable for any direct or indirect damage they cause to FACIL’iti or to third parties through the use of the Application.
Article 14 – Warranties
Each party undertakes to the other and warrants:
- That it has the power and authority to accept the Terms and perform the obligations under them;
- That it holds, or has been granted, the rights to use all intellectual property rights necessary to comply with the Contract;
- That it will perform its obligations under the Contract in accordance with all applicable laws and regulations, with reasonable care and skill;
- That it will not do or omit to do anything that could cause the other party to breach any applicable law or regulation;
- That it will not disparage the other party;
- That it will not use the Application to analyse unlawful texts as defined in Article 10 of these Terms.
The User shall indemnify FACIL’iti against any complaints, claims, actions and/or demands of any kind that FACIL’iti may suffer as a result of the User’s breach of any of their obligations under the Contract. Accordingly, the User undertakes to compensate FACIL’iti for any loss suffered and to pay all costs, charges and/or damages resulting from such a breach.
Article 15 – Duration
The Terms apply for as long as the User uses the Services, from their acceptance under the conditions described in Article 2 of these Terms.
Article 16 – Termination
FACIL’iti may decide to stop making the Application available at any time, subject to fifteen (15) days’ notice. This decision is notified by a message displayed on the Application’s home screen. FACIL’iti is not required to give reasons for this decision, which cannot give rise to any compensation.
If a personal subscription is cancelled, the conditions set out in Article 5.5 apply.
Article 17 – Penalties
In the event of a breach of one or more provisions of the Terms or of any other document drawn up by FACIL’iti, FACIL’iti reserves the right to take any appropriate measure, in particular to:
- Suspend or terminate the Licence or subscription of the User at fault;
- Suspend, remove or prevent, without prior warning and at its sole discretion, access to and use of the Application by the User at fault;
- Take any legal action necessary to protect its rights;
- Where appropriate, notify the competent authorities, cooperate with them and provide them with all information useful for investigating and prosecuting illegal or unlawful activities.
Article 18 – Intellectual property
Article 18.1 – 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 on the User any right over these intellectual property rights.
The User undertakes to respect the intellectual property rights attached to the elements making up the Application and in particular refrains from extracting, copying, reproducing, modifying, republishing, downloading, encoding, translating or distributing all or part of the Content of the Application, by any means and in any form, under penalty of legal action.
Article 18.2 – Right of use granted to the User
FACIL’iti grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free right to use the Application and the Services, solely for their own needs and to the exclusion of any other purpose. Any other use requires the prior express authorisation of FACIL’iti.
The User is strictly prohibited from:
- Making any adaptation, modification, transcription, arrangement, compilation, assembly or disassembly of all or part of the Application and the Content;
- Creating derivative works of the Application;
- Using software or processes designed to copy the Content without the prior authorisation of FACIL’iti;
- Exporting the Application or merging it with other software or computer programs;
- Reproducing the Application, permanently or temporarily, in whole or in part, by any means and in any form;
- Extracting or reusing a substantial or non-substantial part of the Content of the Application without the prior authorisation of FACIL’iti;
- Setting up systems likely to hack the Application or the Content, or to breach these Terms.
Article 19 – Force majeure
FACIL’iti cannot be held liable or deemed to have failed in its obligations for any delay or non-performance caused by force majeure.
Force majeure means any irresistible circumstances or events, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which they cannot prevent despite all reasonably possible efforts. This includes in particular: cyberattacks, unavailability of hardware or equipment, interruptions or failures of electronic communications networks, power cuts, pandemics and any event classified as force majeure by the French courts.
Article 20 – General provisions
Article 20.1 – Partial invalidity
The invalidity of one of the provisions of the Contract will only render the Contract as a whole invalid insofar as the disputed provision can be regarded, in the parties’ intention, as substantial and decisive, and its invalidity calls into question the overall balance of the Contract.
If a provision considered non-substantial is invalidated, the parties will endeavour to negotiate an economically equivalent clause.
Article 20.2 – Waiver
The fact that one of the parties does not, at any given time, insist on the full and timely performance of any clause of the Contract cannot be construed as a waiver of its right to rely on those same clauses later or to exercise any right arising from a breach of the Contract, unless such waiver is made expressly in writing and signed by the party concerned.
Article 20.3 – Evidence
The parties agree that text messages, emails, instant messages and any digital file exchanged between them in connection with the conclusion and performance of the Contract constitute original documents admissible before the courts, with the same evidential value as paper documents, provided that the person from whom they originate can be duly identified and that they are drawn up and stored under conditions that guarantee their integrity, in accordance with Article 1366 of the French Civil Code.
Article 21 – Applicable law – Competent jurisdiction
These Terms are governed by French law.
The Terms are written in French. Should they be translated into one or more other languages, only the French text shall prevail in the event of a dispute.
In the event of any difficulty concerning the validity, interpretation, performance or termination of the Terms, the parties will endeavour to settle their dispute amicably, first by contacting our support service.
Failing an amicable settlement, and subject to the mandatory rules on jurisdiction, the dispute will be submitted to the competent courts under the ordinary rules of law.
Article 22 – Consumer mediation
In accordance with Articles L. 616-1 and R. 616-1 of the French Consumer Code on the mediation of consumer disputes, a Non-Professional User who has sent a written complaint to FACIL’iti and has not received a satisfactory response may use, free of charge, a consumer mediation procedure with:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
- Address: 49 rue de Ponthieu, 75008 Paris, France;
- Telephone: +33 (0)1 89 47 00 14;
- Website: www.cm2c.net (in French);
- Submit a dispute: www.cm2c.net/declarer-un-litige.php (in French);
- Email: litiges@cm2c.net.
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 prior step: the User may refer the matter to the competent court at any time.
This scheme is reserved for consumers residing in the European Union. It does not apply to Businesses or to Users acting for professional purposes.
Article 23 – Contact information
For any question about these Terms, the Services or the exercise of your personal data rights, you can contact FACIL’iti using the following details:
- Postal address: FACIL’iti, 16 rue Soyouz – Parc Ester Technopole, 87280 Limoges, France;
- Email (user support): support@facil-iti.com;
- Email (data protection / DPO): privacy@facil-iti.com.
Our team is committed to answering every request with care, as quickly as possible. We are here to help.
Version history
Each version remains available at its own address: it records what applied on that date.
- version in force