General Terms and Conditions of Sale and Use

Service: refers to the dematerialization services of personal data on a platform proposed by FREQUENCE ECHO which is defined in article 3 of the present terms of use.

The FREQUENCE ECHO brand is the property of ELIDAN company.

User: means the natural person of age who has created a client account via the website https://www.frequence-echo.com and/or its associated mobile application. It also defines the legal person having expressly received the power of use of the service by the concerned adult physical person, having the effect of creating a customer account via the website https://www.frequence-echo.com and/or its associated mobile application.

The purpose of these General Conditions is to define the General Conditions of Use (GCU) of the https://www.frequence-echo.com website and/or its associated mobile application as well as the General Conditions of Subscription, both hereinafter referred to as the General Conditions.

These General Conditions apply to all users of the Services.

The User of the Services acknowledges that he/she has read the General Terms and Conditions and accepts them without reservation. The User undertakes unreservedly to comply with these General Conditions of Use.

Thus, the use of the https://www.frequence-echo.com website and/or its associated mobile application implies full and complete acceptance of these General Conditions. The present General Conditions may be modified at any time by FREQUENCE ECHO.

Through the website https://www.frequence-echo.com and/or its associated mobile application, FREQUENCE ECHO provides a tool for managing the storage of personal data that the User considers important to ease his/her health condition.

The services https://www.frequence-echo.com and its associated mobile application do not in any way provide a medical diagnosis, are not a substitute for a doctor's diagnosis and do not replace a medical consultation. The services offered do not correspond to an emergency service or a medical service. In order to contact an emergency service, the user must contact the competent service and, in general in France, the 15.

In order to access the services, the user must complete the registration form.

The User undertakes to provide real and accurate information.

To ensure greater security for the information transmitted, it is recommended that Users lock their mobile phones and protect their computers and tablets with a password. The User must ensure that he/she disconnects from FREQUENCE ECHO at the end of his/her use.

In case of forgetfulness, loss, misappropriation or unauthorized use of the User's confidential code by another user, only the User's responsibility can be engaged, with the exception of ELIDAN's responsibility.

ELIDAN reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

ELIDAN undertakes to do its utmost to ensure the availability of the service. It cannot guarantee the continuity of access to the service. The User acknowledges that the services offered by FREQUENCE ECHO may be interrupted, altered or removed due to force majeure or by third parties. The occurrence of any event beyond the control of the parties will be considered as constituting a case of force majeure. In particular, events such as the blocking of telecommunications and computer networks are considered to be cases of force majeure.

The act of a third party may result in the termination of the contract for the rental of space on the website, at the initiative of the owner of the space.

The user acknowledges that ELIDAN is subject to an obligation of means.

Furthermore, access to the service is subject to the conditions of the user's telephone and internet network.

The User is invited to regularly check online that he has the latest version of the Application and that he has downloaded the correct version of the Application on his mobile phone. ELIDAN shall not be liable in the event of a malfunction if the User has downloaded the wrong version of the Application or if he does not have the latest version of the Application.

The User is advised to ensure that all services are uninstalled before disposing of the equipment.

FREQUENCE ECHO allows users to access their personal data that the user considers important to alleviate their health condition and that they commit to update.

The User is the only one responsible for the access to his file. In this respect, the User expressly acknowledges that he/she is solely responsible for the persons to whom he/she decides to give access to his/her file.

The User is informed that any storage and archiving of data is done in accordance with the requirements set out for the processing of personal health data.

Visibility of data

The data is entered directly by the User within the Service.

The services offered by FREQUENCE ECHO are used under the sole responsibility and control of the User. The User commits to validate the adequacy of the Services to his needs and to use the Services in normal conditions and in accordance with its purpose.

ELIDAN is in no way responsible for the veracity of the data entered by the User, who remains entirely responsible for the data he wishes to store via the platform made available by ELIDAN. The User thus recognises that he/she is the only person responsible for the personal data that he/she enters and that he/she considers to be essential for his/her health within the proposed Services. The User also acknowledges that the choice of personal data that he/she provides and that he/she considers important to alleviate his/her state of health is made under his/her sole control, direction and responsibility.

ELIDAN shall in no case be held responsible for any direct or indirect prejudice whatsoever resulting from the use of the Services offered in any capacity and under any circumstances whatsoever.

The User is solely responsible for the use he makes of the Services and shall not hold ELIDAN responsible for any claim related to its use.

Furthermore, the user undertakes, in accordance with his obligations, to take all useful precautions, particularly in terms of security of access to his equipment, so that the said data is not made accessible to unauthorised third parties.

The User's attention is drawn to the need to strictly monitor the security of his equipment and third party access to his equipment-devices due to the potential sensitivity of the data he enters within the Services.

The User is responsible for implementing all useful and relevant security measures for the purposes of protecting access to his equipment and to the data in the Services.

ELIDAN shall in no case be liable for access by third parties to the personal data accessible. Indeed, the User is solely responsible, on the one hand, for the data that he has chosen to store via the platform made available to him and, on the other hand, for the persons who have access to it.

The User acknowledges that the use of the Service is not a substitute for personal or medical monitoring by health professionals.

The User is invited to systematically seek the advice of a qualified health professional if he/she has any questions concerning his/her state of health. Under no circumstances do the Services offered allow for remote monitoring or teleconsultation by health professionals. It is in no way intended to provide medical advice. It is not a substitute for a consultation with a medical professional.

The content of the Service and the information provided by FREQUENCE ECHO are not intended to serve as a basis or substitute for professional medical advice, diagnosis of any pathology or treatment. The User is invited to always seek the advice of a health professional if he/she has any questions regarding his/her health condition.

The User is informed that FREQUENCE ECHO is in no way able to assess the state of health of the User and, if applicable, the possible emergency situation in which the User finds himself, who is solely responsible for the use of the information offered via the Service, for any decision taken, and any action implemented, based on the information contained and entered within the Service.

The user undertakes to provide sincere, reliable and accurate information. In this respect, it is expressly agreed that ELIDAN is in no way responsible for data that is false, erroneous, inaccurate or imprecise. It is the User's responsibility to verify the truthfulness of the data that he/she considers important to relieve his/her state of health and to update them.

To this end, the User acknowledges, on the one hand, that he/she is solely responsible for the use that may be made of the content, of whatever nature, and on the other hand, that ELIDAN does not control or guarantee the accuracy, legality, quality or reliability of the content of whatever nature that the User has decided to store and that he/she deems to be important to alleviate his/her aches and/or pains.

Access to the Service is provided at the price in force on the day of subscription to the Service, expressed in euros including VAT (all taxes included) at the rates applicable on the day of subscription; any change in rates may be reflected in the price of the Service.

The packages are individual.

ELIDAN will inform you of any price change on its website.

The price list is available on the website https://www.frequence-echo.com.

It is specified that the non-use of the service does not exempt the user from paying the price of the service to which he/she has subscribed.

All prices are payable in cash at the time of subscription.

Prices are payable exclusively online and by credit card on a secure payment platform, or by any other secure payment system indicated on the site at the time of the transaction.

All payments are final and irrevocable for the subscription in question, and can only be reimbursed in the event of default or contractual breach by ELIDAN within the framework and conditions of the contract.

Any breach of any of the provisions of these General Conditions by the User or of a legal provision in force in the context of the use of the Service, will automatically lead to the automatic termination, without prior notice or compensation, of these General Conditions, the User undertaking in this case, without delay, to remove the Service from his equipment and apparatus.

In addition, ELIDAN reserves the right to suspend or terminate the User's subscription at its sole initiative, without prior notice, in the event of abusive or fraudulent use, or behaviour prejudicial to the interests of ELIDAN by the User or by any third party acting on behalf of the User.

In the event of non-payment of the price displayed on the agreed due date, ELIDAN may send a letter of formal notice by any means at its disposal (letter, e-mail, etc.) to rectify the situation within 8 days.

If at the end of this period, the User has not paid the sums due, ELIDAN may terminate the subscription within 10 days of a formal notice that has remained without effect, without any compensation of any kind whatsoever being requested from the User. ELIDAN reserves the right to take legal action against the User in order to obtain, in addition to the payment of the sums owed plus legal interest, the reimbursement of the costs incurred by ELIDAN in recovering its debt.

Personal information concerning users is confidential.

The communication of personal documents is done via a secure platform directly accessible through the interface of https://www.frequence-echo.com and/or its associated mobile application.

ELIDAN makes every effort to ensure the confidentiality of Users. However, as ELIDAN does not control the content of the documents stored on the platform made available to it, the User acknowledges that it is his or her sole responsibility to make the documents he or she chooses to store via the platform made available to him or her anonymous.

ELIDAN is the owner of the intellectual property rights of the general structure of the Website as well as its content (texts, slogans, images, videos, photos and other content). It is specified that the data stored by the user, expressly, are not part of the content as referred to in this article. The latter benefit from the confidentiality referred to in Article 9 of these general conditions.

Consequently, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Website and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of ELIDAN, is prohibited and constitutes an act of infringement of copyright.

Likewise, any unauthorised use of the Website and/or its content and/or the Services shall render the User criminally and civilly liable on the basis of copyright infringement.

Any other use of the Website and/or the Services constitutes an infringement of copyright, punishable under Articles L 335- 2 et seq. of the Intellectual Property Code.

The brands, logos, corporate names, acronyms, commercial names, signs and/or domain name of the company ELIDAN mentioned on the Internet Site constitute distinctive signs that cannot be used without the express and prior authorisation of their owner.

ELIDAN is also the owner of the data security algorithm.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of Book 7 of the Intellectual Property Code.

When the user registers on https://www.frequence-echo.com and in order to create his or her customer account, the user enters his or her surname, first name and e-mail address.

Similarly, when using the service, the User may provide data relating to his/her health (medical documents, etc.).

The User remains free to choose the documents they wish to store via the platform made available to them. The User is solely responsible for the data they wish to store. Likewise, the User remains free to authorise the free communication of this data to any person of their choice.

ELIDAN is in no way responsible for the health data stored via the platform made available to it. Users are solely responsible for the data they wish to store.

In order to respect the privacy of its users, ELIDAN undertakes to ensure that the collection and processing of personal information is carried out in accordance with the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the "information technology and freedom" law.

The purpose of this data is to manage the User's Client Account and to provide FREQUENCE ECHO services. This data may also be used to send the User newsletters.

The User has the right to access, rectify and delete his personal data. To exercise this right, he can send his request by e-mail to the following address: contact@frequence-echo.com

If there are advertisements, any promotional information (article), advertising or logo will be clearly indicated and easily identifiable by the word "advertisement" next to the banner or logo.

If there are hypertext links accessible on FREQUENCE-ECHO.COM towards other websites and in a general way towards all existing resources on the Internet, ELIDAN cannot be held responsible.

Cookies are small text files that are stored on the hard disk of the visitor to a website and are used (among other things) to record information about the visitor or the visitor's journey through the website.

ELIDAN occasionally uses cookies to improve the information and services provided and to make the site easier to navigate. No personally identifiable information is stored in a cookie or transferred to a third party. If the User does not wish to receive cookies, please refer to the Internet browser's help file for instructions on how to block all cookies or how to be notified before they are stored.

However, if the User deactivates cookies, his or her Internet browsing and access to certain features of the site or the application may be altered or even inaccessible.

For any information, request for information or complaint, the User may contact the company ELIDAN by sending a message to the following e-mail address: contact@frequence-echo.com

The user must not, under any circumstances, use the complaint service to :

send and/or store counterfeit, obscene, unhealthy, threatening, defamatory or illegal material/content, including material/content that is harmful to children or offensive to a third party;
send and/or store material containing computer viruses, Trojan horses or other codes, files, scripts, agents, computer programs harmful to ELIDAN;
interfere with and/or disrupt the integrity or performance of the services or the data contained therein, attempt to gain unauthorised access to the Application and/or associated systems and/or networks.

ELIDAN reserves the right to modify the terms, conditions and mentions of the present General Conditions at any time and in particular according to legislative or regulatory changes.

The User is therefore advised to regularly consult the latest version of the Terms of Use available on the https://www.frequence-echo.com website or on the FREQUENCE ECHO application.

ELIDAN cannot be held responsible if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts, and in particular natural disasters, fires, dysfunction or interruption of the network. ELIDAN implements all the necessary means at its disposal to guarantee the security of the data, contents and information in its possession.

If one or more of the stipulations of the present contract were to be null and void under the terms of a legal regulatory provision or a judicial decision that has become definitive, it would be deemed to be unwritten and would not lead to the nullity of the other stipulations.

The present provisions and more generally the relationship between the User and ELIDAN are subject to French law.

Any dispute that may arise from the interpretation of these provisions or from the contractual relations between the User and ELIDAN will be subject to the jurisdiction of the French courts.

In the event of a dispute, the courts of Paris shall have exclusive jurisdiction.