MindPulse Terms Of Use

Updated on March 22, 2022

1. DEFINITIONS
   1. The present Terms of Use (hereinafter referred to as the "TOU") are offered by IT'S BRAIN (hereinafter referred to as the "Company"), a company with a capital of 60,317 euros, registered in the Evry Trade and Companies Register under number 851 199 919, whose registered office is located at Bâtiment Pythagore Les Algorithmes Chemin de l'Orme CD 128 91190 SAINT-AUBIN, France, and whose email address is contact(at)mindpulse.net.
   2. The Company is the owner and publisher of the MindPulse Test, which characterizes attentional and executive functions and reaction to difficulty. The test is based on the following elements: a client space on the website, software for administering the test that is made available to clients free of charge, software for administering the test that is made available to their patients free of charge in the context of remote administration, and a service for analyzing the results of the test that allows the client to receive the MindPulse report. The Company markets the reporting service. The MindPulse Expert version allows a clinician with a Certified state licensed (psychologist, doctor, speech therapist, psychomotor therapist or occupational therapist, hereafter the "Clinician") to assess the executive functions of a patient (hereafter the "Patient"). Any use outside this framework is strictly prohibited. Any misuse for training purposes, for example for "cognitive stimulation", is strictly forbidden and contravenes the conditions of use. Other versions are being prepared that will allow other professions interested in attention and decision making to use the test.
   3. The MindPulse test software, made available free of charge to clients for the purpose of administering the MindPulse test, as well as the client area (hereinafter the "Software"), allows, under certain conditions verified by the Clinician and under their responsibility, the measurement of the Patient's reaction time and the conformity of responses to instructions, and the exchange of data with the Company. The Software may be used in the form of a version to be installed on the computer (hereinafter "local") or an online version. The Software has a functionality allowing the remote taking of the test, under the responsibility of the Clinician.
   4. Before using the Software, the Clinician must ensure that they have the technical and computer resources to use the Software. The Clinician must also ensure that the computer configuration of their hardware/equipment is in good condition, equipped with antivirus software and a firewall in working order, and does not contain any virus. The system requirements and hardware needed are outlined in the online manual available to clinicians.
2. SUPPORT - WARRANTIES

   The Company provides its purchasers with a support service, whose intervention must be requested by email at: support(arobase)mindpulse.net.
   The Company makes the Software available as is and undertakes only within the framework of an obligation of means to provide functional software, subject to the technical capabilities of the Clinician's equipment.

3. RESPONSIBILITIES OF THE CLINICIAN
   1. The Clinician undertakes to comply with the terms of these TOU.
   2. The Clinician agrees to use of the Software in accordance with the Company's instructions.
   3. The Clinician agrees that they will use the Software only for their own use in accordance with these TOU. In this regard, the Clinician agrees to refrain from:
      • Use of the Software in an illegal manner, for any illegal purpose or in any manner inconsistent with these TOU.
      • Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense any of the contents of the Software or attempt to discover any source code.
      • Attempt to provide or obtain unauthorized access to the Software or engage in any activity that disrupts or degrades the functionality and performance of the Software or the test run conditions.
      • Misuse of the Software by intentionally introducing viruses or other malicious programs and attempting to gain unauthorized access to the Software.
      • Infringement on the intellectual property rights of the Company on the Software or services.
      • Defame the Software, the Company and the services of the Company.
   4. If, for any reason, the Company considers that the Clinician does not comply with these TOU, the Company may at any time, and at its sole discretion, take any action including any civil and criminal legal action against them.
4. RESPONSIBILITY
   1. The Company takes all appropriate measures to ensure that the Clinician is provided with the services under optimal conditions. However, the Company shall in no case be held liable for any difficulty in performance or inadequate use of the Software, which is attributable either to the Clinician, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure as defined by case law and Article 1218 of the French Civil Code. More generally, if the Company's liability were to be incurred, it could not under any circumstances agree to compensate the Clinician for indirect damages or damages whose existence and/or quantum would not be established by evidence.
   2. The Company implements all appropriate measures to ensure the security of data on the Software and in the context of the services offered and sold. This is an obligation of means. Thus, in case of loss of data, it cannot be responsible for any damage thus caused by the loss of data which it is the Clinician's responsibility to ensure the backup before the installation of the Software and each use.
   3. It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, in the event that the Clinician's computer equipment or electronic mailbox rejects, for example due to an anti-spam system, e-mails sent to the Clinician.
   4. The Clinician is fully aware of the provisions of this article and in particular of the aforementioned warranties and limitations of liability, without which the Company cannot make its MindPulse test available.
5. PERSONAL DATA - SECURITY
   1. The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of Clinicians and users of the Services.
   2. In the context of providing test results to the Clinician, the Company collects only the following data: Clinician code; Patient ID (non-nominal computer code) and gender, laterality, month and year of birth, education level, 1st language and possible 2nd language of the Patient, notes entered by the Clinician for reproduction in the test report, Clinician's evaluation note for the test, Clinician's comments, Patient's evaluation note for the test, Patient's comments, and :
      • in the local version: The name and surname of the Patient and his email address are known to the Clinician but not transmitted to the Company, which simply updates on the clinician's computer a file of correspondence between Patient ID and identity data.
      • in the online version: the patient's name and surname, which can be consulted on the Clinician's computer in their password-protected clinician space, via a "decrypt" button that is only effective after the password has been entered.
   3. The Company collects and processes Patient data for the following purposes:
      • Provider of test results to the Clinician;
      • Research by the Clinician of previous results of a Patient, for clinical follow-up purposes;
      • Compilation of anonymized statistics;
      • Management of requests for access, rectification and opposition rights;
      • Clinical research, research and development.
      The Company collects and processes Clinician data for the following purposes:
      • Provider of test results to the Clinician;
      • Access to the MindPulse website;
      • Order management;
      • Responding to Clinicians' questions/complaints;
      • Elaboration of statistics;
      • Management of unpaid invoices and litigation.
      • Management of requests for access, rectification and opposition rights.
   4. Data relating to the management of Clinicians' and Patients' personal data is kept for the strictly necessary period as defined by the French Data Protection Act as amended, i.e. three years after collection or the last contact with the Clinician.
   5. The Clinician retains ownership of the data transmitted to the Company. Apart from the cases mentioned in the present Conditions, the Company undertakes not to transmit them to third parties.
   6. The Clinician's data is processed by the Company and by the Company's partner companies and subcontractors, in compliance with the GDPR.
   7. The Company may also communicate the data in order to cooperate with administrative and judicial authorities.
   8. The Company shall ensure that the personal data of Clinicians and Patients is adequately and appropriately secured and has taken all necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons. The Clinician acknowledges and accepts that this is only an obligation of means.
   9. Obligations of Clinicians
      • The Clinicians are responsible for obtaining the consent of their patient, and of their parents in the case of a minor, by ensuring their understanding. The test cannot proceed if consent is not clearly obtained; checking the patient consent box indicates that the clinician has validated that consent has been obtained;
      • Clinicians acknowledge that the personal data disclosed by them is valid, current and adequate;
      • -Clinicians agree not to infringe on the privacy, image and personal data of any third party, in particular patients, and thus not to disclose to the Company the data of third parties without their consent.
        In the local version, this Software creates a local file on the Clinician’s computer, which is updated by the Software at each test run with the correspondence between the patient ID and his coordinates. It’s Brain has no access to this file. By accepting the TOU, the clinician acknowledges that the storage of patient data is under his sole responsibility. It’s Brain recommends that this file is saved daily, in the security conditions adapted to the saving of personal data. In case of deletion or corruption of this file, It’s Brain will not be able to restore this correspondence ID patient – coordinates, and in no case can be held responsible for the lack of archiving.
   10. Finally, in accordance with the French Data-processing Law and Freedoms of January 6, 1978, the Clinicians have a right of access, of correction, of suppression as well as a right of opposition for legitimate reasons to the treatment of their data collected and treated by the Company, through the Clinician. In accordance with Article 40-1 of the French Data Protection Act as amended, the Company shall respect the instructions given by any Clinician concerning the retention, deletion and communication of their personal data after their death. In the absence of such instructions, the Company will comply with requests from their heirs as set forth in Article 40-1, III of the French Data Protection Act. Clinicians are advised that in the event of a request for deletion of their data, including their Clinician Code, the Company will no longer be able to publish reports of their patients' previous tests.
   11. Privacy Policy for Cookies
       Our website may use cookies. Cookies are small text files that store specific information about the user on the user's device while using the website. Cookies make it possible to determine, among other things, the frequency of page use and the number of users, the usage patterns of the pages, but also to make our offer more convenient for customers. Cookies remain stored in the browser after the end of the session and can be called up again on the next visit to the site. If you do not want this, you should set your browser to refuse to accept cookies.
6. INTELLECTUAL PROPERTY
   1. All elements of the MindPulse Test and the Software itself are protected by patent law, copyright, trademark law, design law and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the entire world.
   2. The MindPulse name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Software are and will remain the exclusive property of the Company.
   3. No title or right whatsoever in any item or software shall be obtained by downloading or copying items from this Software. The Clinician is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or doing any work based on this Software and the elements and software it contains, nor selling or participating in any sale in connection with this Software, the elements of this Software or any related software.
   4. The Company grants the Clinician a non-exclusive license to use the Software. This license is strictly personal. In the context of remote testing, the Company grants its patient a non-exclusive license to use the MindPulse remote testing Software. The license is granted for the duration of the use of the Software in the country in which the Clinician is established.
   5. Any use by the Clinician of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the Company has given its express prior consent.
7. APPLICABLE LAW AND JURISDICTION
   1. These TOU shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws; the application of United Nations trade law (CISG) is expressly excluded. In case of translation, the French version shall prevail.
   2. In the event of a dispute arising out of or in connection with the interpretation and/or performance of these TOU, the Parties agree to use their best efforts to attempt to resolve the dispute amicably. In case of failure of such an amicable settlement, the Parties intend to submit any dispute to the exclusive jurisdiction of the Commercial Court of Evry.