2. Purpose of the Service

DEEPIC offers a platform enabling: (i) the creation of a secure personal space for the storage of medical documents and health data; (ii) the controlled sharing of these documents between a Patient and the healthcare Professionals or Establishments he or she expressly authorises; (iii) management tools (sharing history, alerts, file structuring); and (iv), where applicable, features assisted by algorithmic or artificial intelligence tools intended exclusively for the organisation and presentation of documents, with no purpose of automated diagnosis replacing a healthcare professional.

DEEPIC is not a healthcare establishment, does not provide medical advice and does not intervene in any capacity in the care relationship between the Patient and the healthcare Professional. The Platform is exclusively a technical tool for the secure hosting, transmission and management of medical documents and health data.

3. Access to the Service and account creation

3.1. Conditions of access

Access to the Service is reserved for natural persons legally capable of entering into contracts, or for duly represented legal entities. For healthcare Professionals and Establishments, access to certain features is conditional upon verification of registration with the competent professional order or of the legal existence of the structure.

3.2. Registration and accuracy of information

The User undertakes to provide accurate, complete and up-to-date information at the time of registration, and to keep it up to date throughout the use of the Service. DEEPIC reserves the right to suspend or terminate any account containing manifestly erroneous, incomplete or fraudulent information.

3.3. Account security

The User is solely responsible for the confidentiality of his or her login credentials and, where applicable, his or her two-factor authentication device. Any action carried out from his or her Account is presumed to have been carried out by him or her, unless proven otherwise. The User undertakes to immediately inform DEEPIC of any unauthorised use of his or her Account or any breach of its security, at contact@DEEPIC.net.

4. Description of offers and subscriptions

4.1. Free offer

DEEPIC offers a free access plan allowing, within the limits of the features and storage volumes described on the Service, the creation of a personal space and the secure sharing of documents with a limited number of authorised healthcare Professionals.

4.2. Paid offers

DEEPIC offers, where applicable, paid Offers giving access to extended features and storage volumes, described with their essential characteristics, price and periodicity (monthly or annual) on the Service at the time of subscription. The characteristics and prices of each Offer displayed on the Service on the day of the order prevail and are those applicable to the contract concluded with the User.

DEEPIC reserves the right to modify at any time the composition and price of its Offers for the future; these modifications do not apply to ongoing subscriptions before their next renewal, subject to prior notice.

5. Financial conditions and sale terms

5.1. Prices

The prices of paid Offers are indicated in Tunisian dinars (TND), all taxes included, unless otherwise stated for professional Users. They are firm and final for the duration of the current subscription at the date of subscription or renewal.

5.2. Order and formation of the contract

The order of a paid Offer is made online, according to the following process: selection of the Offer, verification of the order summary, acceptance of these GTU/GTS, then validation of the payment. In accordance with Law No. 2000-83 of 9 August 2000, the contract is deemed formed when the User confirms his or her order after having had the opportunity to verify the details and total price thereof, and to correct any errors before this confirmation.

An order confirmation, summarising the subscribed Offer, its price and its periodicity, is sent to the User by email at the address provided at registration.

5.3. Payment

Payment of paid Offers is made by the means offered on the Service, via a partner and licensed payment provider. DEEPIC does not collect, process or store Users' bank details or card numbers on its own servers; only the transaction metadata necessary for invoicing and legal obligations is retained.

In the event of payment failure or rejection, in particular upon renewal of a subscription, DEEPIC reserves the right to suspend access to paid features until regularisation, after prior notice to the User.

5.4. Renewal and termination of paid Offers

Unless otherwise indicated at the time of subscription, paid Offers are renewed by tacit reconduction for a period identical to the initially subscribed period, unless terminated by the User before the expiry date, from the settings of his or her Account or by request addressed to contact@DEEPIC.net. Termination takes effect at the end of the current period, without pro-rata refund of the period already started, unless otherwise provided by law.

5.5. Right of withdrawal

In accordance with the applicable provisions on distance selling, a User acting as a consumer has a withdrawal period from the subscription of a paid Offer, except when the performance of the Service has begun, with the User's express agreement, before the expiry of this period, in which case the right of withdrawal may no longer be exercised once the Service has been fully performed. Any withdrawal request must be addressed to contact@DEEPIC.net.

5.6. Invoicing

An invoice is issued for each payment and made available to the User in his or her personal space, in accordance with applicable accounting and tax obligations.

6. User obligations and commitments

When using the Service, the User undertakes to:

• Use the Service only for its legitimate purposes of managing and sharing medical documents and health data concerning him or her or concerning the persons he or she legally represents;
• As a healthcare Professional or Establishment, only upload or consult documents relating to patients with whom he or she has a legitimate care relationship and for whom access has been expressly authorised;
• Respect medical confidentiality and the confidentiality of the health data to which he or she has access, under the conditions provided for by the Tunisian Medical Code of Ethics and the applicable legislation;
• Not attempt to circumvent the security, authentication or access control measures of the Platform;
• Not use the Service for fraudulent, unlawful purposes or purposes infringing the rights of third parties;
• Promptly inform DEEPIC of any anomaly, security flaw or unauthorised access noted on his or her Account or on the Platform;

Any breach of the foregoing obligations may result, after formal notice where the nature of the breach allows it, in the suspension or termination of the Account of the User concerned, without prejudice to any action for compensation for the damage suffered by DEEPIC or by third parties.

7. DEEPIC obligations and Service availability

7.1. Obligation of means

DEEPIC undertakes to implement all reasonable means, in accordance with industry standards, to ensure the availability, security and proper functioning of the Service, without however being held to an obligation of result, the Platform being subject to possible interruptions related to maintenance, force majeure or causes beyond its control.

7.2. Maintenance and evolutions

DEEPIC may carry out planned maintenance operations, as far as possible outside peak usage hours and with prior notice to Users when the interruption is likely to significantly affect access to the Service. DEEPIC may also evolve the features of the Service, subject to informing Users when these evolutions substantially affect their rights.

7.3. Data security

DEEPIC implements state-of-the-art technical and organisational measures, including the encryption of traffic and, for medical documents, reinforced encryption at rest, two-factor authentication, role-based access management, and logging of access to medical records, as described in more detail in the DEEPIC Privacy Policy.

8. Intellectual property

8.1. Ownership of the Platform

The Platform, its structure, design, software, databases, interfaces, texts, logos and the DEEPIC brand are the exclusive property of the Company or its licensors and are protected by Tunisian literary and artistic property law and industrial property law, as well as, where applicable, by the international conventions administered by the World Intellectual Property Organization (WIPO), in particular the Paris Convention and the Berne Convention.

No provision of these GTU/GTS may be interpreted as conferring on the User a right or a licence over these elements, other than the right of personal and non-exclusive use of the Service, strictly necessary for the use of its features in accordance with their intended purpose.

8.2. Ownership of the Documents

The User retains all intellectual property rights he or she holds over the Documents uploaded on the Platform. He or she grants DEEPIC, for the sole duration of the use of the Service, a limited, non-exclusive and non-transferable licence, strictly necessary for the hosting, storage, secure transmission and display of these Documents for the purposes of providing the Service, to the exclusion of any other exploitation.

9. Modification of the GTU/GTS

DEEPIC reserves the right to modify these GTU/GTS at any time, in particular to ensure their compliance with the evolution of applicable Tunisian and international legislation, or to reflect new features or Offers. Any substantial modification affecting the rights or obligations of Users will be subject to prior notice, by email or in-app notification, before its entry into force.

Continued use of the Service after the entry into force of the modified GTU/GTS constitutes acceptance thereof.

10. Miscellaneous provisions

10.1. Partial invalidity

If any of the stipulations of these GTU/GTS were declared null or inapplicable under the applicable law, it would be deemed unwritten, without affecting the validity of the other stipulations.

10.2. Non-waiver

The fact that DEEPIC does not rely, at a given moment, on a breach by the User of any of the obligations provided for herein may not be interpreted as a waiver of its right to rely on that same breach at a later date.

10.3. Contact

For any question relating to these GTU/GTS, an Offer or an order, the User may contact the DEEPIC support service at contact@DEEPIC.net, and for any question relating to the protection of his or her personal data, the data protection officer at dpd@DEEPIC.net.