Terms and Conditions of Use and Sale (Terms)

1. PURPOSE

1.1. The purpose of these General Terms and Conditions of Sale and Use (hereinafter the "GTCSU") is to define the conditions under which Inspiration 4 SAS, a simplified joint-stock company with a capital of 1,000 euros, registered with the Montpellier Trade and Companies Register under number 911 516 532, with its registered office at Circulade des Fontanelles, 34980 Saint-Clément-de-Rivière (hereinafter "BioSense"), publisher and operator of the BioSense platform (hereinafter the "Platform"), provides the user with access to and use of the Platform, as well as, where applicable, the option to subscribe to a Membership offered on the Platform.

1.2. The GTCSU constitute the contract (hereinafter the "Contract") between BioSense and the user and define their respective rights and obligations.

2. DEFINITIONS

The terms defined below have the meaning and scope given in their definition in the context of the conclusion and performance of these GTCSU.

"Membership" means recurring paid access to the Platform's complete features, according to the monthly or annual plan selected by the User, renewable under the conditions displayed during Subscription and in these GTCSU.

"Free Preview" means the summary or preview of the BioSense Report made available free of charge to the User, according to the features accessible on the Platform.

"Biological Report" means any report or result of medical biology analyses transmitted by the User as part of the Service.

"BioSense" means Inspiration 4 SAS, a simplified joint-stock company with a capital of 1,000 euros, registered with the Montpellier Trade and Companies Register under number 911 516 532, with its registered office at Circulade des Fontanelles, 34980 Saint-Clément-de-Rivière, publisher and operator of the Platform and provider of the Service.

"GTCSU" means these general terms and conditions of sale and use governing access to and use of the Platform as well as, where applicable, subscription to a Membership or any paid offer related to the Services

"Subscription" means the User's enrollment in a paid recurring plan available on the Platform, evidenced by validation of the online payment process and payment of the applicable price.

"Personal Account" means the individual account created by the User upon registration or first login to the Platform, allowing access to a personal, secure and reserved space, necessary for use of the Service and, where applicable, consultation of the BioSense Report.

"BioSense Content" means all elements, content and components made available by BioSense via the Platform (including texts, graphics, databases, software, graphic design, reports, layouts, interfaces, features, trademarks and distinctive signs), excluding User Content.

"User Content" means all documents, data and elements transmitted, entered, uploaded or communicated by the User via the Platform, including their Biological Reports and, where applicable, additional information they provide.

"Anonymized Data" means data resulting from use of the Platform and/or Services that has undergone an anonymization process intended to prevent the identification or re-identification of the User, directly or indirectly, under conditions compliant with the applicable Regulations.

"Personal Data" means any information relating to an identified or identifiable natural person within the meaning of GDPR, directly or indirectly.

"Intellectual Property Rights" means (i) all intellectual property rights, regardless of their nature and form, that may exist or benefit from protection worldwide, including works of the mind, copyrights and related rights, copyright, designs and models, software and source codes, trademarks, trade names and logos, domain names and other distinctive signs, databases, as well as inventions, patents and know-how, regardless of whether they are or may be registered, as well as updates, improvements, modifications, configurations, extensions and derivative works of all or part of these elements, and (ii) personality rights, the right to privacy, and image rights.

"BioSense AI" means the artificial intelligence features used as part of the Service to extract, structure and format information transmitted by the User, it being specified that these tools may contain inaccuracies, approximations or errors.

"Information and Consent Notice" means the document intended (i) to inform the User about the methods of collection and processing of their Personal Data, as well as the rights they have in this regard, and (ii) to obtain, when required, their consent to the processing of their Personal Data, including health data, prior to any processing of health data.

"Platform" means the BioSense online service accessible at www.biosense.life as well as all its pages, features, spaces and associated services.

"Privacy Policy" means the document accessible on the Platform informing the User of the methods of collection and processing of their Personal Data in the context of use of the Platform and the Service.

"Price" means the price including all taxes (including VAT) of the selected Membership plan, as displayed on the Platform at the time of subscription and before each payment validation.

"BioSense Report" means the informational document generated from the Biological Report transmitted by the User and, where applicable, additional information they provide, for strictly informational purposes, in the form of a Free Preview and/or complete features accessible through the Membership.

"Regulations" means jointly the French Data Protection Act of January 6, 1978, as amended (known as "Loi Informatique et Libertés") and EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data of April 27, 2016 (known as "GDPR").

"Service(s)" means all services, features and content accessible via the Platform, free or paid, including in particular the generation of BioSense Reports, longitudinal biomarker tracking, the wellness program, consultation preparation, the personal assistant, access to a customer area and general wellness suggestions.

"User" means any adult natural person acting for non-professional purposes, using the Platform and/or subscribing to the Service, and, where applicable, having a Personal Account or subscribing to a Membership.

3. CONTRACTUAL DOCUMENTS

Each User who accesses the Platform and/or uses the Service agrees to these GTCSU.

The User acknowledges having read the BioSense Privacy Policy, which forms an integral part of these GTCSU, as well as, where applicable, the Information and Consent Notice applicable to the processing of health data.

When use of the Service involves the processing of health data (particularly when transmitting a Biological Report), the User acknowledges having been informed of the methods of processing their data and, where applicable, consenting to the processing of such data under the conditions provided by the Privacy Policy and/or the Information-Consent Notice and/or any information and/or consent document accessible on the Platform.

The Privacy Policy and the Information-Consent Notice (and, where applicable, any additional information and/or consent document) are available at any time on the Platform, particularly via a link accessible at the bottom of the page.

If any provision of these GTCSU is held null, invalid or unenforceable by a competent court, such nullity shall not affect the validity of the other provisions, which shall remain in force.

The failure of BioSense to enforce any provision of the GTCSU at any time shall not be construed as a waiver of its right to enforce such provision subsequently, nor as a waiver of its right to enforce any other provision.

4. ENTRY INTO FORCE AND DURATION

These GTCSU enter into force, without reservation, with respect to the User upon their acceptance when creating their Personal Account, particularly via the activation of checkbox(es) associated with:

• these GTCSU;
• the Privacy Policy;
• the Information-Consent Notice; and
• where applicable, any information and/or consent document relating to the processing of health data, when the User transmits a Biological Report or any other information that may contain health data.

The User acknowledges that the provisions relating to the Membership (terms of sale) enter into force on the day of the Subscription to the plan selected on the Platform.

In this respect, in the context of a Subscription, the User acknowledges that payment validation constitutes express acceptance of the terms of sale applicable to the selected Membership.

These GTCSU remain applicable throughout the User's use of the Platform and Service and, with respect to paid offers, throughout the duration of the Membership, including renewals, without prejudice to provisions that, by their nature, are intended to survive the end of the contractual relationship (including provisions relating to liability, intellectual property, evidence, invoicing and personal data).

Generally, the User acknowledges that their expression of consent and/or acceptance of the GTCSU is evidenced by the activation of checkbox(es) and/or any online validation action, in accordance with the proof convention provided in these GTCSU.

The User is invited to read these GTCSU carefully and has the opportunity to consult them at any time on the Platform, particularly via a link accessible at the bottom of the page.

5. MODIFICATIONS TO THE GTCSU – Platform and/or Service Changes

BioSense reserves the right to modify, at any time, all or part of these GTCSU, as well as to make changes to the Platform and/or the Service.

Unless a modification is required by law or security requirements and must take effect immediately, the User will be informed of the updated GTCSU by any useful means, including by email and/or via a notification banner upon login, at least fifteen (15) calendar days before they take effect. At the end of this period, the User will be invited to accept the updated GTCSU upon their next login to their Personal Account.

In case of refusal of the updated GTCSU, BioSense reserves the right to restrict or suspend access to the Platform and/or the Service, to the extent that acceptance of the GTCSU conditions use of the Service. In any event, any continued use of the Platform and/or the Service after the updated GTCSU take effect (including any login to the Personal Account or any use of the Service) constitutes acceptance of the updated GTCSU.

Notwithstanding the foregoing, BioSense may make minor updates and modifications to the GTCSU and/or the Platform and/or the Service that do not substantially affect the User's rights and obligations. Such modifications may include, without limitation, corrections, editorial clarifications, technical adjustments, security-related changes or legal and regulatory requirements. These updates shall take effect and be enforceable against the User upon their notification and/or publication.

The applicable GTCSU are those in force on the day of use of the Service and, with respect to the Membership, those accepted at the time of Subscription, unless changes are required by a legal or regulatory provision of public order.

6. PREREQUISITES

Access to the BioSense Platform and use of the Service by any User are subject to these GTCSU, the applicable laws and regulations governing online public communication services and, more generally, compliance with all applicable regulations.

The Service is intended for personal and non-professional use. The User agrees not to use the Platform and/or the Service for purposes other than those provided in these GTCSU, and in particular not to use it:

• for advertising, promotional or marketing purposes;
• to promote a product, service, healthcare facility or, more generally, in the context of a professional activity;
• to collect, exploit or make available to third parties the content, deliverables or results of the Service for commercial purposes.

The Service is reserved for natural persons acting as consumers. Commercial companies and, more generally, any entity or organization, may not create a Personal Account or use the Service in this capacity, without prior written agreement from BioSense.

The Service is strictly reserved for adults. Consequently, any registration and/or use of the Service by a minor is prohibited. BioSense reserves the right to request any document to verify the User's age and, where applicable, to suspend or delete the Personal Account in case of doubt or non-compliance.

The User acknowledges and accepts that all costs related to Internet access and the necessary equipment remain their exclusive responsibility.

The User agrees to use the Platform and the Service in a reasonable manner consistent with their intended purpose. In case of abusive, fraudulent or non-compliant use with these GTCSU, BioSense reserves the right to restrict, suspend or terminate access to the Service and/or Personal Account, without prejudice to any other right or remedy.

7. PLATFORM REGISTRATION

The User is informed that access to the Platform and to certain Services accessible via the Platform requires the creation of a Personal Account.

When creating their Personal Account, the User is notably invited to:

• provide their identification and contact information (including surname, first name, email address and, where applicable, telephone number);
• create a personal, unique and sufficiently robust password, comprising at least six (6) characters and including at least one number, one uppercase letter and one special character.

Generally, when creating their Personal Account, the User agrees to enter data enabling their identification under their full responsibility, control and direction and agrees to provide complete, accurate and up-to-date information, and not to impersonate a third party or to conceal or alter their age.

In the event that the User provides false, inaccurate, misleading, incomplete or outdated information, BioSense reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all or part of the Platform and its Services.

Furthermore, access to the Platform is only granted after a process ensuring acceptance of these GTCSU by the User.

The User is informed that they must also acknowledge having read the Privacy Policy and, where applicable, accept the Information-Consent Notice, after carefully reading it, this notice relating to the collection and processing of personal health data concerning them, particularly when transmitting a Biological Report via the Platform. These documents are available at any time on the Platform.

8. PRESENTATION OF THE PLATFORM AND SERVICES

The Platform is a digital space allowing Users to access, voluntarily and according to their selection, various information Services enabling them to deepen their understanding of their Biological Reports, including:

• a service providing a BioSense Report, aimed at facilitating the reading and understanding of biological parameters through explanations and informational content in the form of a Free Preview and/or complete features accessible through the Membership;
• a longitudinal tracking service for certain biomarkers, allowing the User to track their evolution over time, based on the Biological Reports transmitted via the Platform;
• a consultation preparation service, intended to help the User identify certain points of attention to raise, where applicable, with a doctor or competent healthcare professional;
• a personal assistant allowing the User to access content and explanations related to the information made available via the Platform;
• a service of general wellness recommendations (lifestyle, prevention, general advice), provided for informational purposes and intended to be discussed with a doctor and/or competent healthcare professional.

The Services offered via the Platform are for informational purposes only. They do not in any case constitute medical advice, diagnosis, consultation, care, therapeutic recommendation, or a medical interpretation of medical biology results. They do not replace the presentation of the medical biology report by the laboratory chosen by the User to perform their tests or a consultation with a healthcare professional and should not be interpreted as such. The User is invited, before any decision and/or in case of doubt, to consult a competent healthcare professional.

It is specified that certain content, features and deliverables accessible via the Platform (including certain elements of the BioSense Report) may be generated or assisted by artificial intelligence tools. Despite the care taken in processing information, the User acknowledges that these tools may produce results containing inaccuracies, approximations, errors or omissions. Consequently, BioSense does not guarantee the completeness, timeliness or absence of errors in the information provided via the Platform.

For more information on data management, the User is invited to consult the Privacy Policy accessible at any time on the Platform.

9. SUSPENSION OF ACCESS TO THE PLATFORM AND/OR SERVICES

The User acknowledges that BioSense may, without incurring liability and without fault on its part, temporarily suspend all or part of access to the Platform and/or Services, particularly in the following cases:

• (i) intrusion attempt, attack or security incident likely to affect the operation of the Platform, Services and/or hosting systems;
• (ii) abnormal, abusive or fraudulent use of the Platform and/or Services by the User, likely to disrupt their operation or affect access by other users;
• (iii) non-compliance by the User with their obligations under the GTCSU, or more generally any use contrary to applicable laws and regulations;
• (iv) request, order or requisition from a competent administrative or judicial authority, particularly relating to Personal Data hosted or processed as part of the Services;
• (v) maintenance operations, updates, technical developments, tests, fixes or interventions necessary for the proper operation, security or improvement of the Platform and/or Services.

BioSense undertakes to implement, to the extent possible, reasonable means to limit the duration and impact of a suspension and, in case of a security incident, to take all useful measures to restore access as soon as possible.

Unless otherwise provided in these GTCSU or by legal obligation, a suspension occurring under the above conditions does not give rise to any compensation for the User.

10. TERMINATION OF PERSONAL ACCOUNT

10.1 At BioSense's Initiative

Each User accepts that BioSense may terminate their access to the Platform, after prior notification by any useful means (including by email), and at the end of a fifteen (15) calendar day notice period allowing the User, where possible, to remedy the breach observed, in case of breach of any of the obligations described in these GTCSU or applicable legislation.

Notwithstanding the foregoing, BioSense may terminate (or suspend) access without notice in case of serious breach or situation making it impossible to maintain access, including in case of fraud, attempted unauthorized connection, breach of Platform security, or permanent impossibility.

Without limiting the foregoing, the following are notably likely to justify termination of the User's registration:

• violations or breaches of these GTCSU;
• non-compliance with any applicable legal or regulatory provision;
• attempted unauthorized connection, fraudulent use of the system or impersonation of authentication elements;
• permanent impossibility.

10.2 At the User's Initiative

At any time, the User may close their Personal Account from their Personal Account or by sending a request to the following email address: contact@biosense.life

Where the User has an ongoing Membership, the terms for cancelling this Membership are set out in Article 14 of these GTCSU.

The User is informed that closing their Personal Account results in the deletion of the Personal Data associated with said Personal Account, and in particular health data, within an operational period of thirty (30) days, subject to Personal Data whose retention remains necessary to comply with a legal obligation, to exercise or defend BioSense's rights, to handle a complaint or pre-litigation matter, or to preserve the security and integrity of the Platform.

Data retained on this basis will be retained only for the duration necessary for the purposes concerned, under the conditions specified in the Privacy Policy.

Their attention is also drawn to the fact that following this action they will no longer be able to access the Platform and Services.

11. PRICES

The price of the Membership is indicated on the Platform before any Subscription. Prices are expressed in euros and include all taxes (including VAT), when VAT is applicable.

BioSense may offer several plans, including a monthly plan and an annual plan. The price, billing frequency, included features and, where applicable, promotional conditions are displayed before payment validation.

Prices do not include costs, which remain the User's responsibility, relating to telephone or electronic communications necessary for subscription, use of the Services and access to the Platform.

12. PAYMENT METHODS

Payment for the Membership is made by the User by credit card via a secure payment system processed by Stripe.

The User enters the required information (card number, expiration date and security code) directly in the payment area provided for this purpose.

The User's attention is drawn to the fact that payments made through the Platform are secured by Stripe, which provides secure payment pages for entering payment data. To ensure the highest level of security, BioSense does not have access to the User's credit card data: this data is securely transmitted to Stripe and is not stored by BioSense.

Credit card data is used solely for the initial transaction, Membership renewals and the management of any refunds. Subscription involves an immediate debit, then a recurring debit at each monthly or annual due date until cancellation, unless otherwise indicated during the payment process.

Only full payment for the relevant period allows access to the paid features included in the Membership selected by the User.

13. INVOICING

Where applicable, the User agrees to receive an invoice (or, failing that, a payment receipt) electronically for payment of their Membership.

Invoices, receipts or payment records are accessible via Stripe and/or the User's personal area when this feature is available.

14. CONTRACT FORMATION, TERM, RENEWAL, WITHDRAWAL AND CANCELLATION

The Membership contract between BioSense and the User is formed when the User validates the Subscription on the Platform and confirmation is displayed on screen (and/or sent by email), subject to actual payment of the Price.

The User's attention is particularly drawn to the method of acceptance of Subscriptions placed on the Platform. When subscribing to a Membership, the User follows an online validation process that allows them to:

• select the desired plan;
• verify the Subscription summary (plan, price, billing frequency, renewal terms and included features);
• acknowledge having read and accept these GTCSU, particularly by activating a checkbox;
• where applicable, request immediate performance of the Membership and expressly waive their right of withdrawal under the conditions set out below, by means of a dedicated checkbox;
• definitively validate the Subscription by clicking the confirmation button (e.g., "Pay" or equivalent), then proceed to payment via the secure payment interface.

The Membership is concluded for the period chosen by the User (monthly or annual) and renews automatically for successive periods of the same duration, unless cancelled by the User before the due date or interrupted under the conditions provided in these GTCSU. The Membership is without commitment beyond the current period.

Where applicable law requires it, including in the case of tacit renewal of an annual subscription, BioSense informs the User, by dedicated email, of the possibility not to renew their Membership, at the earliest three (3) months and at the latest one (1) month before the end of the current period.

This information clearly and conspicuously indicates the deadline for non-renewal. On an operational basis, BioSense may send this email approximately forty-five (45) days before the due date of the annual Membership, in order to secure compliance with the applicable legal time limit.

The User may cancel their Membership at any time from their Personal Account, through the Stripe portal when available, or by contacting BioSense at contact@biosense.life. Cancellation takes effect at the end of the already paid period; access to the paid features included in the Membership is maintained until that date, unless otherwise requested or legally required.

In accordance with the rules applicable to distance contracts, a consumer User generally has fourteen (14) days to exercise their right of withdrawal from the conclusion of the contract. However, where the User wishes to access the paid features of the Platform immediately before the end of this period, they may be asked, at the time of Subscription, to expressly consent to the immediate commencement of performance of the Membership and to expressly waive their right of withdrawal, by means of a dedicated checkbox.

In this case, where the legal conditions are met, the User acknowledges that they will no longer be able to exercise their right of withdrawal in respect of the relevant Membership after the commencement of its performance. In the absence of valid collection of this prior express agreement and this express waiver, the User retains their right of withdrawal under the applicable legal conditions.

Once payment is confirmed, the User receives a Subscription confirmation (on screen and/or by email) and access to the paid features included in the Membership is provided in accordance with these GTCSU.

The final validation of the Subscription by the User, through the "double-click" mechanism (or any equivalent validation action), constitutes an electronic signature and manifests their consent. It constitutes acceptance of the selected plan, price, renewal frequency and these GTCSU.

The archiving of communications, Subscription confirmations and invoices (or payment receipts) is ensured by BioSense on a reliable and durable medium, so as to constitute a faithful and durable copy. Unless proven otherwise, data recorded by BioSense (including connection logs, timestamps, Subscription histories) and/or by its payment service providers constitutes proof of all transactions between BioSense and the User.

In case of difficulty relating to a Subscription (including lack of access to paid content after payment, invoicing anomaly, dispute or refund request), the User is invited to contact customer service at: contact@biosense.life

15. LIABILITY

BioSense is exclusively responsible for the Services it provides directly to Users via the Platform, under the conditions provided in these GTCSU.

The User is responsible for their use of the Platform and the Services they choose and, in particular, for the information they receive in this context. The User remains fully and personally responsible for the use of the Platform and Services under ordinary law. They undertake to validate the suitability of the Platform and Services to their needs. They acknowledge that they alone make any decision based on the Services, where applicable.

Generally, Users agree to use the Platform and Services:

• in compliance with laws, regulations and third-party rights, including Intellectual Property Rights;
• fairly and in accordance with their intended purpose as defined in these GTCSU.

They must notably:

• meet their security obligations, in accordance with the "Security" article of the GTCSU;
• use the Platform and Services in compliance with the GTCSU and applicable legal and regulatory provisions;
• not commercialize all or part of the Services accessible via the Platform.

In case of non-compliance with one or more provisions of these GTCSU, the User's access to the Platform may be unilaterally, as of right and without notice, temporarily suspended or permanently blocked.

BioSense has an obligation of means in the context of making the Platform and Services available for its part.

In no case does BioSense assume any medical liability, the Services being for informational purposes only and not constituting a diagnosis, medical opinion, consultation or therapeutic recommendation.

The User acknowledges that BioSense cannot be held liable for any material or immaterial, direct or indirect damage, whatever the causes (including damage that may be caused by the possible spread of viruses, computer fraud, constraints and limitations of the Internet network or loss, deterioration or alteration of files) or the resulting consequences:

• of their use of the Platform and Services;
• of the inability to access the Platform and/or Services, except for direct damages resulting from gross negligence or willful misconduct.

16. INTELLECTUAL PROPERTY

16.1 Platform and BioSense Content – BioSense Rights

BioSense owns (or is duly authorized to use) all Intellectual Property Rights relating to the Platform and BioSense Content.

Use of the Platform does not in any case confer on Users any ownership rights over the Platform and/or BioSense Content. BioSense grants the User, personally, non-exclusively, non-assignable and non-transferable, for the duration of use of the Platform, a right of access and use of the Platform and BioSense Content solely for private use, within the limits and conditions provided in these GTCSU.

Any use, reproduction, copy, distribution of one or more elements of the Platform and/or BioSense Content, in any form and for any purpose, for use other than private is strictly prohibited.

Unless expressly authorized in advance by BioSense, the following are notably prohibited: any reproduction, representation, adaptation, modification, translation, distribution, redistribution, making available to the public (on demand or otherwise), networking, public communication.

16.2 User Content – User Rights and License

The User owns (or is duly authorized to use) all Intellectual Property Rights relating to User Content.

By transmitting, depositing or making User Content available via the Platform, the User grants BioSense, worldwide, a non-exclusive, free license, assignable to its technical subcontractors strictly for the purposes of performing the Service, and for the duration necessary to provide the Service (and, where applicable, to host and archive the Personal Account in accordance with the Privacy Policy), allowing BioSense to:

• host, store, reproduce, represent, translate, adapt, format, analyze, process and display User Content;
• perform the technical operations necessary (including format conversion, extraction, structuring, deliverable generation, including via AI tools);
• transmit User Content to service providers involved in hosting, maintenance, security and operation of the Platform, to the extent necessary for these purposes.

This license is strictly limited to the needs of providing, maintaining, securing and improving the Service, as well as to the operations necessary for the production of analyses, studies, aggregated statistics and/or Anonymized Data, under the conditions provided by the Privacy Policy and, where applicable, the Information and Consent Notice.

Subject to compliance with the applicable Regulations on the protection of Personal Data, BioSense may use data resulting from use of the Platform and Services in order to improve the Services, carry out internal analyses, studies or statistics, and produce aggregated or anonymized data.

Where these operations involve the prior processing of Personal Health Data, such processing is carried out under the conditions provided by the Privacy Policy and, where applicable, on the basis of the User's explicit consent collected via the Information and Consent Notice.

BioSense may also make available to partner third parties data resulting from use of the Platform and Services, provided that such data has first been strictly and irreversibly anonymized, so that it no longer allows the User to be identified or re-identified, directly or indirectly.

It is expressly specified that this making available to third parties may only concern Anonymized Data, excluding any Biological Report, Personal Health Data or User Content allowing the User to be identified or re-identified, directly or indirectly.

The User warrants that they have all rights and authorizations necessary to deposit and use User Content via the Platform, and that this User Content does not infringe third-party rights.

16.3 Databases

In accordance with the provisions of Law No. 98-536 of July 1, 1998 transposing into the Intellectual Property Code Directive 96/9 EC of March 11, 1996 concerning the protection of databases, BioSense is the producer and owner of all or part of the databases, their structure and content, comprising the Platform or produced in the context of the implementation of the Services.

By accessing the Platform, the User acknowledges that the data comprising it or produced in the context of the implementation of the Services are legally protected, and, in accordance with the provisions of the Law of July 1, 1998 mentioned above, they are prohibited from extracting, reusing, storing, reproducing, representing or retaining, directly or indirectly, on any medium, by any means and in any form, all or a qualitatively or quantitatively substantial part of the content of the databases within the Platform to which they have access, as well as from repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts, when such operations manifestly exceed the conditions of normal use.

16.4 Trademarks, Distinctive Signs and Logos

Unless otherwise stated, all trademarks, names, distinctive signs and logos used or displayed on the Platform (including the "BioSense" trademark), as well as domain names and, more generally, any distinctive sign associated with BioSense, are the property of BioSense or are subject to a right of use duly granted to BioSense.

Unless expressly authorized in advance in writing by BioSense and/or, where applicable, the relevant owner, any reproduction, representation, modification and/or use, in whole or in part, of these elements, for any purpose whatsoever, is strictly prohibited and may incur the User's liability and expose them to prosecution.

17. FORCE MAJEURE

BioSense shall not be held liable in case of inaccessibility of the Platform and Services caused by events beyond its control that could not reasonably be foreseen and whose effects cannot be avoided by appropriate measures, and preventing the performance of its obligations within the meaning of the legal definition in Article 1218 of the French Civil Code ("Force Majeure Event").

Performance of these GTCSU shall be suspended for the duration of the Force Majeure Event, unless the resulting delay justifies termination of the User's Personal Account and/or Membership, and BioSense shall endeavor, to the extent possible, to end the Force Majeure Event or find a solution enabling it to perform its contractual obligations despite the Force Majeure Event.

If the impossibility is permanent, the User's Personal Account and/or Membership may be terminated under the conditions provided in these GTCSU.

18. INSURANCE

BioSense declares to be insured for civil liability.

19. SECURITY

Generally, preserving the security of a Personal Account requires the User to:

• comply with security instructions and particularly the rules relating to the definition and change of their authentication elements;
• respect access management, in particular, not use another User's authentication elements, nor seek to learn this information;
• keep their authentication elements strictly confidential and not disclose them to any third party, regardless of their qualifications and activities;
• notify BioSense of any technical malfunction observed and any anomaly discovered, such as intrusions.

Notably, it is the User's responsibility to take all appropriate measures to protect their own data and equipment from contamination by viruses or other forms of attacks that may circulate via the Platform.

Users acknowledge the existence of risks inherent in the use of telecommunications and this, even in the presence of secure access as implemented within the Platform, and particularly in terms of:

• lack of reliability of the Internet network;
• no guaranteed continuity of access to the Platform, its BioSense Content and the Services;
• no guaranteed performance, particularly given the spread of viruses;
• all other technical constraints beyond BioSense's control and responsibility.

In no case shall BioSense be held liable for these risks and their harmful consequences, whatever their extent, for the User.

20. PERSONAL DATA PROTECTION

The implementation of Services accessible via the Platform requires the collection and processing of Personal Data within the meaning of the Regulations, including, where applicable, Personal Health Data when the User transmits a Biological Report and/or provides health information via the Platform.

Personal Data concerning the User (including data relating to civil status, personal life, use of the Platform and Services, as well as health data within the meaning of the Regulations) is collected and processed in the context of access and use of Services accessible via the Platform.

By using the Services, the User acknowledges having read the Privacy Policy, the purpose of which is notably to inform them of their rights, the purposes and legal bases of processing, the recipients of the data, the applicable retention periods, as well as, where applicable, transfers of data outside the European Union. Where required, the User is invited to express their consent to the processing of their Personal Data, including health data, by means of one or more dedicated checkboxes.

Each User may read the Privacy Policy accessible on the Platform at any time.

BioSense implements all security measures to ensure the protection and security of Users' Personal Data, particularly with regard to unauthorized third-party access.

The User has rights of access, rectification, erasure, restriction, objection and portability. They may exercise these rights and address any questions concerning their Personal Data by contacting BioSense at the following address: dpo@biosense.life

Personal Data is hosted on secure servers located in the European Union.

The Platform may also use cookies and other trackers, under the conditions specified in the Privacy Policy accessible on the Platform.

Applicable retention periods are specified in the Privacy Policy and, unless required otherwise by law, are limited to the time necessary for the purposes for which Personal Data is processed.

21. PROOF CONVENTION - ELECTRONIC SIGNATURE

Computerized records kept in BioSense's computer systems under reasonable security conditions are considered to constitute proof of communications, exchanges and transmissions of writings and electronic documents between the User and BioSense. The User acknowledges and accepts that after their identification, any manifestation of will through the use of features offered within the Platform, and in particular acceptance of these GTCSU and, where applicable, selection and validation of a Membership, constitutes an electronic signature within the meaning of Articles 1366 et seq. of the French Civil Code, and manifests their consent by characterizing its proof.

In accordance with Articles 1366 et seq. of the French Civil Code, the implementation of an electronic signature, based on a reliable identification process guaranteeing its link with the act to which it relates, is considered a valid signature and as proof within the meaning of the aforementioned provisions.

The computerized records kept by BioSense and/or its service providers may also serve as proof of acceptance of the GTCSU, the Subscription, payment, renewal of the Membership, as well as, where applicable, the User's express agreement to the immediate commencement of performance of the Membership and their express waiver of their right of withdrawal.

22. APPLICABLE LAW

23. ASSIGNMENT

BioSense may assign these GTCSU at any time to a subsidiary or successor, regardless of the transaction, without the User's prior consent being required, provided that such assignment is not likely to result in a reduction of their rights as a consumer, where applicable.

The User is not authorized to assign the rights they have under these GTCSU to a third party without the express prior authorization of BioSense.

24. COMPLAINTS HANDLING – BIOSENSE CUSTOMER SERVICE

Any complaint relating to the Platform and/or Services is addressed to BioSense customer service at the following email address: contact@biosense.life or by mail to: BioSense – Customer Service – Circulade des Fontanelles, 34980 Saint-Clément-de-Rivière.

In this regard, the User is informed that email is a contact channel intended for general requests and follow-up of the relationship with BioSense, but that it does not constitute a secure channel for transmitting health data. Consequently, the User is invited not to transmit by email any Biological Reports, numerical values relating to their biomarkers, or more generally any detailed information relating to their state of health, and to use, when offered, the secure channels made available via the Platform.

If the User nevertheless spontaneously transmits such information by email, BioSense will process it only to the extent necessary to handle their request, in accordance with the Privacy Policy, and may, where applicable, invite them to reformulate their request or to use a secure channel.

25. CONSUMER MEDIATION

In the event of a persistent dispute with BioSense relating to the Services provided via the Platform, the User is invited, in accordance with the rules applicable to mediation, to first send a written complaint to BioSense customer service at the following email address: contact@biosense.life or by mail to: BioSense – Customer Service – Circulade des Fontanelles, 34980 Saint-Clément-de-Rivière.

After prior written contact by the User with BioSense customer service, and in the absence of amicable resolution within one (1) month from the date of sending the complaint, the User has the option of having recourse to a consumer mediator, within one (1) year from the date of their complaint, by contacting them according to the methods and contact details indicated on the Platform.

The use of mediation is without prejudice to other legal remedies. However, the mediator cannot be seized notably if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if the request is made more than one (1) year after the written complaint to BioSense, and/or if the dispute does not fall within the mediator's jurisdiction.

Referral to the mediator suspends the statute of limitations in accordance with the regulations. The findings and statements that the mediator collects may not be produced or invoked in connection with any other procedure, other than mediation, without the consent of the parties.

This mediation procedure is free of charge.