Terms of Service

GenogramApp Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you (the "User") and Orvian SASU, operating under the trade name Maison des Cliniciens (the "Company," "we," "us," or "our"), regarding your use of GenogramApp (the "App").

By accessing or using the App, you confirm that:

• You are at least 18 years old or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into this agreement
• You agree to comply with all applicable laws and regulations

2. License Grant

App License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal iOS device solely for your personal or professional use.

Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Sell, rent, lease, sublicense, or transfer the App to any third party
• Use the App for any illegal, unauthorized, or prohibited purpose
• Attempt to gain unauthorized access to the App or its systems

3. User Responsibilities

Professional Use

As a user, you agree to:

• Use the App in accordance with applicable professional standards and ethical guidelines
• Maintain the confidentiality of any patient or client information entered into the App
• Ensure compliance with all applicable healthcare regulations, including HIPAA (if applicable), GDPR, and local privacy laws
• Verify the accuracy of all genograms created before using them for professional purposes
• Not rely solely on the App for critical clinical decisions

Data Responsibility

You acknowledge and agree that:

• All data you create or store in the App remains your sole responsibility
• You are responsible for maintaining backups of your data
• We do not have access to or control over your locally stored data
• If you enable iCloud backup, you are responsible for managing your iCloud settings and storage
• Data loss may occur due to device failure, software bugs, or user error, and we are not liable for such losses

4. Prohibited Uses

You agree not to use the App to:

• Violate any local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the rights of others
• Harass, abuse, or harm another person or group
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the App or servers or networks connected to the App
• Collect or track personal information of others without consent
• Use the App in any manner that could damage, disable, or impair the App

5. In-App Purchases

Payment Terms

GenogramApp may offer premium features, subscriptions, or other content available for purchase through Apple's In-App Purchase system. By making a purchase, you agree to:

• Pay all applicable fees as displayed in the App Store
• Provide accurate and complete payment information through Apple
• Comply with Apple's payment terms and conditions

Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
• Your Apple account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage subscriptions and turn off auto-renewal in your Apple Account settings
• No refunds will be provided for the unused portion of any subscription period

Refunds

All purchases are processed through Apple's In-App Purchase system. Refund requests must be made directly to Apple according to their refund policy. We do not control Apple's refund decisions.

6. Intellectual Property Rights

Ownership

The App, including all software, code, design, graphics, text, and other content (excluding user-generated content), is owned by Orvian and is protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain all rights to the genograms and data you create using the App. We do not claim any ownership rights to your content. Since your data is stored locally on your device, we do not have access to, control over, or rights to your content.

Trademarks

GenogramApp, Maison des Cliniciens, and associated logos are trademarks of Orvian. You may not use these marks without our prior written permission.

7. Disclaimers and Warranties

No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the App will be uninterrupted, error-free, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of the App's content or functionality

We do not warrant that:

• The App will meet your specific requirements or expectations
• The App will be available at all times or that access will be uninterrupted
• Any errors or defects will be corrected
• Data stored in the App will not be lost, corrupted, or damaged

8. Limitation of Liability

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORVIAN, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or professional liability
• Personal injury or property damage
• Any damages arising from your use or inability to use the App

Cap on Liability

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In any case, our total liability to you for all claims arising out of or relating to these Terms or the App shall not exceed the amount you paid us for the App in the twelve (12) months preceding the claim, or €50 if no payment was made, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Orvian, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your professional decisions or actions taken based on genograms created with the App

10. Term and Termination

Term

These Terms remain in effect while you use the App.

Termination by You

You may terminate these Terms at any time by:

• Uninstalling the App from your device
• Ceasing all use of the App

Termination by Us

We may suspend or terminate your access to the App at any time, with or without cause or notice, including if:

• You breach these Terms
• We are required to do so by law
• We decide to discontinue the App

Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• You must delete all copies of the App from your devices
• Provisions that by their nature should survive termination will remain in effect

11. Updates and Modifications

App Updates

We may release updates, upgrades, or new versions of the App from time to time. These updates may include bug fixes, new features, or improvements. While we strive to maintain backward compatibility, we do not guarantee that future versions will support all features of previous versions.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• Material changes will be communicated through the App or App Store update notes
• Your continued use of the App after changes constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must stop using the App

12. Privacy

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our privacy practices.

13. Third-Party Services

Apple Services

The App is distributed through the Apple App Store and uses Apple's In-App Purchase system. Your use of these services is subject to Apple's Terms of Service and Privacy Policy. We are not responsible for Apple's services or policies.

iCloud

If you choose to use iCloud backup, your use of iCloud is governed by Apple's iCloud Terms and Conditions. We are not responsible for iCloud's functionality, availability, or security.

14. Export Control

The App may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations in your use of the App.

15. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Jurisdiction

Any disputes arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of Paris, France.

Amicable Resolution

Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations. If you have a dispute, please contact us first at maison@cliniciens.com.

16. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orvian regarding the App and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

Language

These Terms are provided in English. Any translations are for convenience only. In case of conflicts, the English version prevails.

17. Contact Information