Terms of Use

1. Purpose of the Terms

The purpose of these Terms is to define the conditions under which [RAISON_SOCIALE] (hereinafter "KINON", "we" or the "Provider") makes its platform available to its users, and to set out the respective rights and obligations of the parties in connection with that availability.

They apply to any use of the platform, whatever the device, network or means of access used, and whether access is free, through a trial period, or under a paid subscription. They supplement, without replacing, the Terms of Sale applicable to subscriptions, the Privacy Policy, and any specific terms accepted when using a particular feature.

In the event of a conflict between these Terms and a specific document duly accepted by the user, the specific document prevails for the relevant feature, strictly within the limits of that conflict.

2. Definitions

For the purposes of these Terms, the capitalised terms below have the following meaning, whether used in the singular or the plural.

• Platform: all services, web and application interfaces, features and content accessible under the KINON brand, including the kinon.app website and the related spaces.
• Provider: [RAISON_SOCIALE], which publishes and operates the Platform.
• User: any person who accesses or uses the Platform, whether a Physiotherapist or an Invited Patient.
• Physiotherapist: a healthcare professional holding a professional account, acting within the scope of their practice, or the care organisation that subscribes on their behalf.
• Invited Patient: a person cared for by a Physiotherapist, who accesses a patient space at the latter's invitation in order to view their assessment and programs and to communicate as part of their care.
• Account: the secure personal space allowing a User to access the features intended for them.
• Content: all data, text, measurements, notes, files, programs, messages and information entered, imported or generated within the Platform.
• AI: the assistance features based on algorithmic or artificial-intelligence processing, which offer suggestions subject to the Physiotherapist's control.

3. Acceptance and enforceability of the Terms

Use of the Platform requires prior, full and unreserved acceptance of these Terms. By creating an Account, ticking the acceptance box provided for that purpose or, failing that, by accessing and using the Platform, the User acknowledges having read the Terms and accepts them without reservation.

The User declares that they have the legal capacity required to agree to these Terms. Where they act on behalf of a care organisation, the person accepting the Terms warrants that they have the authority to bind that organisation.

The Terms are accessible at all times on the Platform and may be consulted, saved and printed by the User. They are enforceable against the User for the entire duration of use of the Platform and until the obligations arising from that use are extinguished.

A User who does not accept these Terms, in whole or in part, must refrain from using the Platform.

4. Description of the service

KINON provides Physiotherapists with a set of digital tools designed to facilitate and structure their practice. The Platform is intended to assist the professional in organising care, without replacing their clinical judgement or the acts that fall within their competence.

The features offered may change over time. They include, without this list being exhaustive or contractually guaranteed for any given plan, the following elements.

• Assisted assessment: support for carrying out and formalising the physiotherapy assessment, using templates, tests and scales that the practitioner selects, completes and validates.
• Exercise programs: building, prescribing and adapting exercise programs from a content library, under the practitioner's control.
• Between-session monitoring: collection of information provided by the Invited Patient between two appointments to inform the practitioner about the progress of care.
• Teleconsultation: remote connection between the Physiotherapist and their patient, in compliance with the practice conditions applicable to the profession.
• AI-assisted suggestions: proposals generated automatically to save time, which the practitioner remains free to accept, modify or discard.

5. Access conditions and registration

Access to the features reserved for the Physiotherapist requires the creation of a professional Account. Registration requires the provision of accurate, truthful and up-to-date information, and may be subject to evidence of the status of a healthcare professional authorised to practise.

Access to the Platform requires compatible equipment, an Internet connection and a recent browser. The costs related to network access and equipment remain the User's responsibility. The Provider cannot be held liable for access difficulties attributable to the User's technical environment.

The Invited Patient accesses their space at the invitation of a Physiotherapist, in accordance with the methods provided by the Platform, without having to take out a subscription.

The Provider reserves the right to refuse a registration or to request additional supporting documents, in particular in the event of serious doubt as to the accuracy of the information provided or the declared status of the User.

6. User accounts

The Platform distinguishes between two main types of Account, whose rights and responsibilities differ.

The Physiotherapist Account is a professional account. It allows the management of a patient base, the carrying out of assessments, the prescription and monitoring of programs, and the invitation of patients. The Physiotherapist is responsible for the use of their Account, for the confidentiality of their credentials and for the actions carried out from it, including by the members of their team to whom they have granted access.

The Invited Patient Account is an account linked to the care provided by a Physiotherapist. It gives the patient limited access to their own monitoring information and to communications with their practitioner. The Invited Patient has no access to other patients' data or to professional features.

Login credentials are strictly personal and confidential. The User undertakes not to disclose them to third parties and to inform the Provider without delay of any unauthorised use of their Account or any breach of the security of their credentials, at the address [EMAIL_CONTACT].

7. Role of the physiotherapist and nature of the content

KINON is a practice-support tool intended for healthcare professionals. The Platform and its AI features assist the Physiotherapist: they are not intended to replace their expertise, clinical examination, judgement or decision.

The Platform does not provide a diagnosis, does not issue an autonomous prescription and does not give any medical advice independently. The templates, tests, scales, exercises and suggestions provided constitute documentary and organisational aids; they do not commit the Provider as to the appropriateness of a care act in a given clinical situation.

The suggestions generated by the AI are default proposals, which may contain errors or be unsuitable for the particular case. The Physiotherapist retains full control of care: it is for them to check, adapt, complete or discard any suggestion before validating it, and to assess its relevance in light of the actual situation of their patient.

The Physiotherapist remains solely responsible for the acts, assessments, diagnoses, prescriptions, programs and care provided to their patients, as well as for compliance with the ethical, professional and regulatory rules applicable to their practice. No element of the Platform may be interpreted as medical advice intended for the Invited Patient, who must not substitute the information consulted on the Platform for the advice of their practitioner.

8. User obligations and commitments

The User undertakes to use the Platform in a fair manner, consistent with its purpose, with these Terms, with the laws and regulations in force and with the rights of third parties.

The Physiotherapist undertakes in particular to use the Platform only within the scope of their professional practice, to obtain from their patients the consents and information required, in particular for the processing of their health data, and to retain control of the clinical decisions concerning them.

The User also undertakes to comply with the following obligations.

• Provide accurate information upon registration and keep it up to date throughout the period of use.
• Preserve the confidentiality of their credentials and secure access to their devices.
• Only enter or import Content for which they hold the necessary rights and authorisations.
• Use the Platform in compliance with professional secrecy, medical confidentiality and personal data protection rules.
• Refrain from impairing the proper functioning, security or integrity of the Platform.
• Report to the Provider any malfunction, vulnerability or abnormal use of which they become aware.

9. Prohibited uses

The User refrains from any use of the Platform that would be unlawful, contrary to these Terms, or likely to infringe the rights of the Provider or third parties. The following conduct is prohibited in particular, without this list being exhaustive.

• Accessing or attempting to access, without authorisation, Accounts, data or parts of the Platform that are not intended for the User.
• Disrupting, slowing down, overloading or compromising the operation, security or integrity of the Platform, by any means whatsoever.
• Introducing viruses, malicious code, scripts or any device likely to harm the Platform or its users.
• Extracting, copying, reproducing or reusing the Content or the structure of the Platform on a massive or automated basis, in particular by scraping, unless expressly authorised.
• Circumventing technical protection, security or access-management measures.
• Using the Platform for fraudulent, defamatory, abusive, unlawful purposes or purposes contrary to public order and morality.
• Impersonating a third party or claiming a professional status that one does not hold.
• Reselling, sublicensing, renting or making available to third parties access to the Platform outside the conditions provided by the subscribed plan.

10. Content and entered data

The Content entered, imported or generated by the User within the Platform remains their property or that of the persons concerned. The Provider claims no ownership of this Content.

The User is solely responsible for the Content they introduce into the Platform, for its accuracy, its lawfulness and compliance with the rights of third parties. They warrant that they hold the necessary authorisations, in particular when entering data concerning their patients.

In order to provide the service, the User grants the Provider, for the sole duration necessary to perform the services, the right to host, reproduce, display and technically process this Content, strictly to the extent required to operate the Platform and the requested features, with no other exploitation.

The Provider does not exercise systematic editorial control over the Content. It nevertheless reserves the possibility, within the legal framework, of removing or making inaccessible manifestly unlawful Content reported to it, and of informing the User concerned.

11. Intellectual property and licence of use

The Platform, its structure, its interfaces, its databases, its texts, its graphic elements, its software, its trademarks and more generally all the elements that make it up are protected by intellectual property law and remain the exclusive property of the Provider or its licensing partners.

Subject to compliance with these Terms and, where applicable, payment of the subscription, the Provider grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Platform, for their own needs only and for the duration of their use.

This licence does not entail any transfer of ownership. Any reproduction, representation, adaptation, translation, extraction, modification, decompilation or reuse, in whole or in part, of the elements of the Platform, outside the expressly authorised uses or mandatory legal exceptions, is prohibited without the prior written authorisation of the Provider.

The trademarks, logos and distinctive signs reproduced on the Platform are the property of their respective holders. No provision of these Terms may be interpreted as granting a licence or a right to use these signs without authorisation.

12. Personal and health data

The Platform processes personal data, including health data, as part of the care provided by the Physiotherapist. These processing activities are described in the Privacy Policy, available at /privacy, which forms an integral part of the contractual framework and sets out in particular the purposes, legal bases, retention periods, recipients and rights of the persons concerned.

In the context of caring for their patients, the Physiotherapist acts as data controller and the Provider acts as data processor, acting on the professional's instructions and in compliance with the regulations applicable to data protection and the hosting of health data.

The User undertakes to comply with their own data protection obligations, in particular informing the persons concerned and obtaining the required consents. For any question relating to personal data or to exercise their rights, the User may refer to the Privacy Policy or contact the Provider at the address [EMAIL_CONTACT].

13. Availability, maintenance and changes

The Provider endeavours to ensure the availability of the Platform on a continuous basis, as part of an obligation of means. Access may, however, be suspended or restricted, in particular for reasons of maintenance, updating, security, or in the event of an event beyond the Provider's reasonable control.

Maintenance operations, whether scheduled or not, may result in temporary interruptions. The Provider endeavours, as far as possible, to carry out scheduled work at times that limit disruption and to inform Users of significant interruptions.

The Platform evolves regularly. The Provider may, at any time, modify, develop, add or remove features, in order to improve the service, take account of technical or regulatory developments, or for security reasons. Where a change substantially affects an essential feature, the Provider endeavours to inform the Users concerned by an appropriate means.

14. Liability and warranties

The Platform is a practice-support tool. Responsibility for clinical decisions, assessments, prescriptions and care lies exclusively with the Physiotherapist. The Provider cannot be held liable for the consequences of any use of the Platform that is contrary to these Terms, to professional standards, or to the regulations applicable to professional practice.

The Provider is bound by an obligation of means in respect of the provision of the service. It does not warrant that the Platform will be free from any interruption, error or imperfection, nor that the suggestions generated by the AI will be suited to each particular situation. The Platform is provided as is and as available.

The Provider cannot be held liable in the event of force majeure, the act of a third party, fault or negligence of the User, misuse of the Platform, unavailability of the network or of the User's equipment, nor for indirect damage such as loss of revenue, customers, data or reputation.

In any event, and except in the case of personal injury, gross or wilful misconduct, or a mandatory legal provision to the contrary, the Provider's liability, for all causes combined, is limited to the amounts actually paid by the User over the twelve (12) months preceding the event giving rise to the damage. Where access is provided free of charge, the Provider's liability is limited under the conditions provided by law.

15. Suspension and termination of the account

The User may stop using the Platform at any time. The terms of termination of a paid subscription, as well as its financial effects, are governed by the Terms of Sale.

The Provider may suspend or restrict, without notice where the situation requires, access to an Account in the event of a serious breach of these Terms, fraudulent or unlawful use, breach of security or the rights of third parties, or risk to the Platform or its users. As far as possible, the Provider informs the User and invites them to remedy the situation.

In the event of an unremedied serious breach, or of repeated breaches, the Provider may terminate the Account automatically, without prejudice to any damages to which it may be entitled. Termination results in the loss of access to the features of the Platform.

At the end of the relationship, the fate of the Content and data is governed by the Privacy Policy and, where applicable, by the Terms of Sale, in compliance with the legal retention obligations applicable to health data.

16. Third-party links and services

The Platform may rely on services provided by third parties, for example for hosting, payment, message sending or teleconsultation, and may contain links to sites or resources published by third parties.

These third-party services and sites are subject to their own terms and policies, over which the Provider has no control. The Provider cannot be held liable for the content, operation or practices of these third parties. It is for the User to become acquainted with the terms applicable to the third-party services they use through the Platform.

17. Amendment of the Terms

The Provider reserves the right to amend these Terms at any time, in particular in order to take account of changes to the Platform, the features offered, or the legal and regulatory framework.

The applicable Terms are those in force on the date of use of the Platform. In the event of a substantial change, the Provider endeavours to inform Users by an appropriate means, for example a message upon login or a notification.

Continued use of the Platform after the entry into force of the amended Terms constitutes acceptance of them. A User who does not accept the new Terms must stop using the Platform.

18. Governing law and dispute resolution

These Terms are governed by French law.

In the event of a dispute relating to their validity, interpretation or performance, the parties endeavour to seek an amicable solution before any litigation. To this end, the User is invited to send their complaint to the Provider at the address [EMAIL_CONTACT].

Failing amicable resolution, the dispute will be brought before the competent courts under the conditions provided by law. The arrangements specific to commercial relationships, in particular consumer mediation and the applicable jurisdiction rules, are set out in the Terms of Sale.

19. Contact

For any question relating to these Terms or to the use of the Platform, the User may contact the Provider, [RAISON_SOCIALE], whose registered office is located at [ADRESSE_SIEGE], by email at the address [EMAIL_CONTACT].

The Provider endeavours to acknowledge receipt of requests and to respond to them within a reasonable time.