Terms of Service of the mobile application ALVEDIA TEST READER
The company ALVEDIA SARL (hereinafter referred to as “ALVEDIA”) is a company incorporated under French law with its headquarters located at 11-13 rue des Aulnes, 69760 LIMONEST, registered at the French Business and Companies Register in Lyon under the number 45167516900028. ALVEDIA manufactures and markets veterinary blood diagnosis devices. It offers its clients an application that assists in reading and editing the results. These terms of service of the mobile application (hereinafter referred to as “TOS of the Application”) have for purpose to determine the rules of use of the mobile application “Test Reader Alvedia” (hereinafter referred to as the “Application”) published by ALVEDIA.
By installing the Application on your terminal and/or by accessing the Application as a visitor and/or user, you accept without condition or reserve all of the TOS of the Application defined hereinafter. If you do not wish to accept these TOS of the Application, we request that you do not access the Application.
Any visit and/or use of the Application must be done with respect of these TOS of the Application. ALVEDIA reserves the right to modify these TOS of the Application at any time, all or a part of the provisions of the TOS for the mobile Application, in order to adapt them to the evolutions of the Services, technical, legal, or case law developments, or the implementation of new services. The applicable TOS are those in effect at the date of connection and use of the Application by the User. ALVEDIA therefore invites the User to regularly consult the latest version of the TOS of the Application, available in the Application and on the ALVEDIA website.
Article 1: DEFINITION
Terms beginning with a capital letter within these TOS of the Application, whether used in singular or plural form, will have the definition that is provided below:
“ALVEDIA Application and/or Mobile Application” refers to the “Test Reader Alvedia” software application published and furnished by ALVEDIA, providing access to the Services, and which is available at “app.alvedia.com” for download free of charge by the User on his/her Apple iOS and Android terminal. The Application also includes the Content, software, programs, tools (programming, navigation…), databases, operating systems, documentation and any other elements and services that are a part thereof, updates and new versions that may be brought to the Application by ALVEDIA. “Content” refers, but is not limited to, the structure of the Application, the editorial content, drawings, illustrations, images, photographs, graphic charts, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio content, as well as any other content present within the Application and/or any other element making up the Application.
“TCS” refers to the Terms and Conditions of Sale of ALVEDIA applicable to products sold by them. “Partner” refers to the partner selected by ALVEDIA and who furnishes the service to the beneficiary. “Services” refers to the different functions and services offered by the Application.
“Website” refers to the official ALVEDIA website whose address is the following: www.alvedia.com “User” or “You” refers to an individual 18 years or older, having downloaded the Application for his or her own needs, within the framework of a professional use.
Article 2: PURPOSE OF THE APPLICATION
The Application has for purpose to allow users of the products manufactured by ALVEDIA to have access to the following services, either directly or through a hypertext link:
- Instructions for use of ALVEDIA products
- Blood compatibility for veterinarian transfusion
- Diagnosis of anomalies
- Contacting the company
- Assisting in the interpretation of canine results
- Assisting in the interpretation of feline results
- Downloading the results to an email address
- Sending questionable results to ALVEDIA
Article 3: AVAILABILITY OF THE APPLICATION
The Application is available 24 hours a day, 7 days a week except in the case of force majeure or an event out of the control of ALVEDIA and subject to eventual breakdowns and maintenance interventions necessary for the correct operation of the Application.
The software version of the Application may be updated from time to time in order to add new functions and services.
Maintenance interventions and/or updates may be carried out without prior notice to the Users.
Article 4: CONDITIONS OF ACCESS AND FINANCIAL CONDITIONS
4.1 : Conditions of access
4.1.1 – Downloading
The equipment and material means permitting access to the Application are at the exclusive expense of the User. In order to access and use the Application, You must have:
- A compatible telephone or compatible mobile terminal; Access to internet or 4G mobile or higher;
- An ALVEDIA blood diagnosis kit ;
- The information requested by the application.
Compatible telephones and mobile terminals are the following :
- IPhone® d’Apple® mobile telephone with an iOS 10 operating system or any later version that may be developed;
- Mobile telephone with an Android® OS 4.4 operating system or any later version that may be developed.
- Subsequently, the ALVEDIA Mobile Application can be downloaded free of charge at “app.alvedia.com”
4.1.2 – Information entered by the user
The User guarantees ALVEDIA that the information furnished during the use of the Application is exact, complete, and up to date.
4.2 : FINANCIAL CONDITIONS
The Application is offered free of charge to Users except:
- Subscription costs with the mobile phone operator ;
- Internet connection and access costs ;
- Eventual surcharges billed for loading
Article 5: END USER LICENCE AGREEMENT (EULA)
ALVEDIA grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free right to use the Application, the Content and the Services solely for the User’s professional needs for veterinarian haematology and within the framework of the use of the Application and Services, excluding any other purpose. ALVEDIA points out that the Application can only function with veterinary blood diagnosis products that are compatible with ALVEDIA, meaning those listed in the Application.
This license does not grant any right of use of the Content to the User. It is strictly forbidden for the User to :
- Adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, take apart, transcode, or to apply “Reverse Engineering” to all or a part of the Application, Services and/or Content ;
- Create works derived from the Application under license ;
- Use software or procedures intended to copy the Content without ALVEDIA’s prior authorisation; Export the Application, merge any or a part of the Application with other computer programmes; Reproduce the Application in a permanent or temporary manner, all or a part thereof, by any means and in any form;
- Extract or reuse, including for private use, without ALVEDIA’s prior written authorisation, a substantial part, or not, of the content of the database, established by the Application ;
- Implement systems likely to pirate all or a part of the Application and/or the Content, or of a nature to violate these TOS of the Mobile Application.
If You violate these restrictions, You may be subject to prosecution and damages. The terms of the present License will govern all updates furnished by ALVEDIA that replace and/or complete the original Application, except if this update is accompanied by a distinct license, in which case the terms of this License will prevail.
Article 6: USER RIGHTS, OBLIGATIONS AND LIABILITIES
The User expressly undertakes to :
- Download the Application on his or her equipment exclusively for a professional use within the framework of veterinary blood diagnosis activities;
- To expressly renounce to the use of software or devices that may disrupt the proper functioning of the Application, nor to engage in an action of a nature to impose a disproportionate charge on the ALVEDIA infrastructures;
- To inform ALVEDIA upon knowledge of an act of piracy, and in particular of any illicit or non-contractual use of the Application and/or the Content, whatever the means of diffusion;
- To neither sell, rent, sub license or distribute in any manner whatsoever the Application and/or Content to a third party;
- To only use the Application with original ALVEDIA blood diagnosis products supported by the Application.
The application will be incapable of providing reliable results if the ORIGINAL product has been deliberately damaged by the user. Examples of damaged products :
- The reading strip has been cut
- The reading strip has been marked
- The reading strip has been folded
- The reading strip for the Quick Test version has been removed from the original…
The application will be incapable of providing reliable results if the user has not correctly followed the instructions for use provided by Alvedia.
Article 7: PUBLISHER RIGHTS, OBLIGATIONS AND LIABILITIES
ALVEDIA will put forth its best effort to ensure the correct working order of the Application, and will undertake to secure access, consultation and use of the Application.
ALVEDIA will undertake to carry out or have carried out the maintenance operations necessary to restore the proper functioning of the Application as soon as possible.
Article 8: LIMITATION AND EXCLUSION OF LIABILITY
ALVEDIA’s responsibility cannot be engaged for risks accepted by the User (see Article 11.1). ALVEDIA cannot be held responsible :
- In the event of data transmission default, loss, delay or error beyond its control ;
- For damages of any kind, direct or indirect, resulting from the use of or the incapacity to use the Application, and particularly any financial or commercial loss ;
- For damages of any kind, direct or indirect, resulting from the content and/or the use of or the incapacity to use the Application ;
- For damages of any kind whatsoever caused to Users, their terminals, their computer and telephone equipment and to data stocked therein, nor the consequences that could result to their personal, professional or commercial activities ;
- For sending messages and/or data and to a false, incorrect or incomplete address ;
- If the data does not arrive, for whatever reason, or if the data that the person receives is illegible or impossible to process ;
- In the event that a User is unable to access or use the Application and/or Services for whatever reason, in particular in the event of maintenance operations, updates, or technical improvements ;
- If, for whatever reason, the connection is interrupted.
In addition, ALVEDIA declines all responsibility in the event of the incorrect use of the terminal and/or an incident linked to the use of the terminal during the use of the Application. ALVEDIA shall in no event be held responsible for damages of any kind whatsoever caused to Users, their terminals, their computer and telephone equipment and to data stocked therein, nor the consequences that could result to their personal, professional or commercial.
To the extent permitted by applicable law and to the extent that ALVEDIA would be judged responsible for damages unforeseen above, the responsibility of ALVEDIA will be limited only to certain real and established damages.
Article 9: GEOGRAPHICAL AND GEOLOCATIONAL LIMITS
The use of the ALVEDIA application is strictly limited to the countries in which ALVEDIA sells its products. If applicable, a geolocation service will be proposed to the client by ALVEDIA.
The use of the geolocation function of the Application requires the express prior consent of the User to be geolocated. For this, the User must activate, if he or she wishes to do so, the geolocation function directly in the parameters of his or her mobile terminal and accept that the Application may have access thereto. This functionality can be activated or deactivated at any time, at no cost.
By accepting the GPS geolocation function on the mobile phone or the Application, the User may choose nearby distributors.
Article 10: PROTECTION OF PERSONAL DATA
To learn more about the characteristics of the personal data protection policy implemented by ALVEDIA, the User is expressly invited to read the Charter on the protection of personal data available on its Website.
Article 11: APPLICATION SECURITY
The Application and the software are provided “as is” and “as available” without any guarantee whatsoever. Access and use of the Application are at the User’s risk and peril.
11.1 : Risk for the user
It is the User’s responsibility to take all appropriate measures to protect his or her own data and/or software stored on his or her own material (telephone, computer) against any violation (dysfunction, virus, hacking, non-exhaustive list).
By using the Application, the User assumes all of the negative consequences that may be caused by the Application.
11.2 : Risks ont the « Internet Network »
The technical performances of mobile internet require a necessary processing time to respond, consult, question or transfer the services.
The User declares knowledge of and accepts the limits and the problematic of the internet network and for which ALVEDIA cannot be held responsible : (non-exhaustive list)
- The characteristics and limits of the internet network, and particularly the functional characteristics and technical performances of the internet network;
- Problems linked to connection and/or access to the internet network and/or websites; Problems linked to network availability and congestion;
- Problems linked to network failure or saturation;
- Problems linked to transit times, access to on line information, response time for display, consultation, inquiry or otherwise transferring data;
- Risk of interruption;
- Absence of the protection of certain data against eventual misappropriation or hacking; Risks of contamination by eventual viruses circulating on said networks.
Article 12: TECHNICAL LIMITATIONS
The User must ensure that he or she has a sufficient internet connection for the Application’s operation. ALVEDIA is not responsible for the Application’s malfunction in the event of a weak internet connection or absence thereof. Certain services may not function in the event of a bad internet connection.
For the proper functioning of the services of the Application, it is necessary that certain functionalities of the mobile phone be activated (camera, geolocation…). If these functionalities are not activated or present on the User’s mobile phone, certain services will not be functional on the Application. ALVEDIA cannot be held responsible for non-functional services.
ALVEDIA ensures the compatibility of the Application with most mobile phone-type devices on the market. Due to the large number of models, various operating systems (updated or not), eventual operator surcharges and the different software installed by the User, ALVEDIA cannot guarantee the perfect compatibility of the Application with all mobile telephones and will therefore not be responsible for malfunction.
Article 13: APPLICATION OF THE TOS
All of the terms of ALVEDIA, available on the www.alvedia.com website, are applicable to all Application and Service Users. By using the Application, you accept these TOS to which you also have access on the Website.
The User is invited to carefully read the TOC upon each visit, accessible via a hyperlink in the Application settings. They terms can be modified at any time without prior notice by ALVEDIA.
Article 14: INTELLECTUAL PROPERTY
ALVEDIA is the exclusive owner of all intellectual property rights pertaining to the Application and its Content. Downloading the Application does not confer any rights to the User regarding ALVEDIA’s intellectual property rights.
All rights of reproduction and representation are reserved, including for downloadable documents. All texts, graphics, icons, photographs, logos, videos, sounds, brands and more generally all of the elements making up the Application may not be the object of any form of representation, reproduction, use or extraction, partially or in full, on any medium whatsoever, without ALVEDIA’s prior and express written authorisation.
The User expressly undertakes that the use of the Application does not in any way infringe on the rights of ALVEDIA, and particularly that this use does not constitute an act of counterfeiting, unfair competition or parasitism of the Content.
Article 15: TERMINATION
ALVEDIA can decide to terminate the provision of the Application at any time, subject to respecting an 8-day notice; the notification of the end of provision will be done by email or by displaying a message on the screen of the Application.
ALVEDIA does not have to justify its decision to terminate the provision of the Application. This decision cannot give rise to compensation or reimbursement (given that the Application is free).
ALVEDIA can terminate your EULA (Article 5) if you do not respect the terms.
At the time of any termination, the rights and licenses that You have been granted will be terminated and You must stop all use of the Application.
Article 16: INDIVISION OF THE TOS OF THE MOBILE APPLICATION
If a court of competent jurisdiction finds any provision of these TOS of the Application to be invalid, then that provision shall be deleted without affecting the remaining TOS of the Application. The other provisions of these TOS of the Application will remain valid and applicable.
Article 17: REMEDY, COMPETENT JURISDICTION AND APPLICABLE LAW IN THE EVENT OF LITIGATION
The form, effect and validity of these terms and conditions shall be governed by the laws of the ALVEDIA’s headquarters.
Prior to any legal action, the Parties shall undertake to seek out, together and in good faith, an amicable solution within thirty (30) days. Any claim shall therefore be brought to the attention of ALVEDIA’s Customer Service in writing, by telephone or by contacting us, with the supporting documents, at:
Service Client :
11-13 rue des Aulnes 69760 LIMONEST