The purpose of these T & Cs is to define the terms and conditions of use of the services offered on the Application (hereafter: the “Services”) and the maintenance and assistance services (hereafter: the “Other Services”. ”Attached in the disclaimer) as well as to define the rights and obligations of the User and the ICM in this context

In particular, the User has access to the following Services, in a form and according to the functionalities and technical means that the ICM deems most appropriate:

• Login / Logout
• User account management
• Import of MRI data kept for a period of 7 days
• Using an algorithm, and the Atlas Yeb 3D ganglion database, define masks highlighting certain regions of brain nuclei. These results can be downloaded or viewed online over a period of 7 days after their generation.

The Services are subscribed for an indefinite period.
The User can unsubscribe from the Services at any time, by sending a request to this effect to the ICM by email, at the following contact details: yeb-cenir@icm-institute.org The unsubscription is effective within a maximum period of 14 days from this request.

4.1. Right of access
Subject to compliance with these conditions, the ICM grants the User the limited, non-exclusive, non-transferable and non-sublicensable right, (i) to access the Application by means of the identifiers chosen by the User (ii) to use the Application in accordance with the instructions appearing in the documentation that may be provided to the User in electronic or other format (hereinafter: the “Documentation”) and (iii ) to download the reports generated by the Application (hereafter: the “Results”), and this only from the interface of the Application.

4.2. Users
Simultaneous access and use of the Application is permitted for Users. Each User registers and connects to the Application via their own identifiers (the "Identifiers"). Users are responsible for the confidentiality of Identifiers which cannot be distributed or disclosed. The User is required to immediately inform the ICM and to ask it to deactivate the Identifiers of any User whom he knows or suspects that he does not comply with the clauses of these conditions, including in particular, by a breach of confidentiality. . The User must ensure that his use of the Application and the Documentation complies with the clauses of these conditions.

4.3. Restrictions
The User is not authorized (and does not have the right to authorize a third party) to: (i) disseminate, in any way whatsoever, information allowing the direct or indirect identification of the persons of whom he publishes IRMs, the User being solely responsible for the content that he distributes within the framework of the Services (hereinafter referred to as: the “Content”). He guarantees to the ICM that he has all the rights and authorizations necessary for the distribution of this Content and in particular without these being limiting that he has the consent of the person from whom the IRM data originated by virtue of the applicable legislation; (ii) download or copy the Application (including but not limited to the underlying code), the Documentation or any part of any of them; (iii) translate, decompile, disassemble, reverse engineer or otherwise attempt to discover all or part of the source code, ideas or underlying algorithms of the Application; (iv) provide, rent, lend, use as part of a shared service, subcontracting, hostingnt or an IT services company, and allow third parties to access or use the Application; (v) modify, incorporate into or with other software or services, or create a derivative work of content from any part of the Application or the Documentation; (vi) create or disseminate data or performance analyzes (including in particular, indicators) relating to the Application; (vii) transfer or download any software, data or information outside of what is expressly permitted by section 2.1; (viii) use the Application in a manner that is contrary to the law, infringe or infringe the rights of others, including intellectual property rights, confidentiality and publicity rights or interfere with the use by other Users of the Application; (ix) introduce a virus into the Application or carry out a denial of service attack or introduce or adopt any other code or routine that may cause disruption or damage affecting the Application, alter, damage or erase any data or be provide or record information about the Application and its uses; ICM retains all rights and title to the Application, software and any services or materials provided hereunder.

4.4. Default
Failure to comply with all or part of the conditions of the Right of Access constitutes a substantial violation of the T & Cs which may result in the termination of the Right of Access by the ICM with immediate effect, in which case the User must immediately cease to use use the Application. The User shall indemnify the ICM for all claims, responsibilities, procedures, costs, damages, losses or expenses incurred or suffered by the ICM, due to, or in one way or another related, to (i) any action by the User contrary to these T & Cs, or (ii) unauthorized use of the Application by the User and / or by a third party due to a violation of the T & Cs or (iii) any other fault or negligence of the User. In the event of unauthorized use of the Application, the ICM may charge all applicable costs due to this situation, in addition to any compensation it may possibly claim.

The ICM declares that it holds all the necessary rights concerning the use of the Application. The right of use granted by the ICM does not result in the transfer of intellectual property for the benefit of the User. Consequently, the User refrains from any action, any act, which could directly or indirectly infringe the copyrights on the Application, which is protected in particular by the Intellectual Property Code.

6.1. Limited warranty
The ICM is committed to providing the Application in a manner substantially consistent with the Documentation and with the diligence and skill that may be reasonably required. The ICM guarantees that the Services provided under these T & Cs will be provided in a professional manner, by trained persons who demonstrate the diligence and skills that may be reasonably required. The foregoing commitment is not applicable in the event of non-compliance caused by use of the Application and / or Services contrary to the instructions given by the ICM or of modification or alteration of the Application and / or or Services by any party other than ICM. If the Application and / or the Services do not comply with the aforementioned warranty, the ICM will make, at its expense, all reasonable efforts to promptly remedy such non-compliance or to offer the User to other ways to achieve the desired result. Such correction or substitution constitutes the sole and exclusive remedy of the User in the event of violation of the commitment made in this article. Notwithstanding the foregoing, the ICM does not guarantee that the User can use the Application without interruption or without error.

6.2. Exclusion of other guarantees
EXCEPT FOR THE SPECIFIC WARRANTIES SET FORTH IN ARTICLE 6.1, THE APPLICATION IS PROVIDED "AS IS" AND THE ICM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY. SUITABILITY FOR A SPECIFIC USE AND NO INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE ICM (1) DOES NOT WARRANT THAT THE APPLICATION IS FREE OF ERROR, OR THAT ITS DEFECTS, IF ANY, WILL BE CORRECTED AND (2) MAKES NO REPRESENTATION AS TO ACCURACY , RELIABILITY, TIMELINESS, QUALITY, COMPLETENESS, UTILITY, PERFORMANCE, SAFETY, LEGALITY OR SUITABILITY OF THE APPLICATION. THE USER EXPRESSLY ACKNOWLEDGES THAT ICM IS NOT RESPONSIBLE FOR ENSURING THAT USER'S IMPLEMENTATION OF THE APPLICATION OR THE RESULTS OBTAINED ARE CORRECT, ERROR-FREE OR PFURTHER SUCCESSFULLY CARRIED OUT AND USER'S USE SHOULD BE AT THE USER'S SOLE RISK. ICM CANNOT ASSUME OR ASSUME ANY RESPONSIBILITY FOR ANY MISUSE BY USER OF CONFIDENTIAL RESEARCH INFORMATION, IDEAS, INFORMATION, INSTRUCTIONS OR INDICATIONS TO WHICH IT HAS ACCESS THROUGH OF THE APPLICATION OR THE RESULTS. ACCESS TO THE APPLICATION AND THE RESULTS AND THE INFORMATION CONTAINED THEREIN CANNOT SUBSTITUTE THE OPINION OF QUALIFIED HEALTHCARE PROFESSIONALS FOR THE DIAGNOSIS AND TREATMENT OF PERSONS FROM MRI DATA. ICM ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE OR INJURY TO THE HEALTH (INCLUDING DEATH) OF ANY PERSON CAUSED BY THE USE OF OR RELIANCE ON ANY INFORMATION, IDEA OR INSTRUCTION OBTAINED BY THE USER OR ANY OTHER PERSON OR ENTITY THROUGH THE APPLICATION OR THE RESULTS.

6.3. The User acknowledges (i) having been fully informed by the ICM of the functionalities and limits of the Application and (ii) having been able to test the Application before accepting the T & Cs.

6.4 Use of the Application and Results: the User acknowledges and accepts that: (i) the Application and the Results must be used only by the User of the Application; (ii) the Application and Results should not be used to replace or override the assessment, clinical diagnosis or follow-up by a qualified healthcare professional; (iii) the Application and the Results can in no way be used as a means of tracking a person; (iv) the Results, as well as the personal data of the person from which the MRI scans are taken, are not stored on the Application and neither the Users nor the ICM keep any copy of the data of the person from which the MRI scans originate. . The User is solely responsible for storing and backing up data and Results, which will be automatically deleted from the solution within 7 days. The User takes responsibility for choosing the Application to obtain the desired Results.

6.5 Limits. For the purposes of this article, the ICM is not responsible for any claim or suit, if said claim or suit results from (i) the combination, use or use of the Application with materials or software other than that recommended in the Documentation; (ii) modification of the Application, unless such modification has been authorized by the ICM; (iii) compliance with models, specifications or instructions given by the ICM; or (iv) the use by the User of the Application in a manner incompatible with the clauses of the T & Cs or any other document provided by the ICM. Notwithstanding anything to the contrary, the ICM is not responsible for any claim related to the use of the Application by the ICM, after the ICM has informed the User of the modifications to the Application necessary in order to '' avoid this type of complaint and proposed to implement said modifications, if said complaint could have been avoided by implementing the modifications suggested by the ICM.

6.6 Rights of the ICM. If the Application becomes or is likely to be the subject of a claim or procedure for infringement of intellectual property, the ICM may, at its sole discretion: (i) obtain, at no cost to the User , the right to continue to use the Application; (ii) replace or modify the Application to end the intellectual property infringement; or (iii) if, in the reasonable opinion of the ICM, neither (i) nor (ii) is commercially feasible, immediately terminate the obligations of the ICM (and the rights of the User) under of the T & Cs for the Application.

The ICM is only aware of IRMs posted online by Users as part of the Services. The User makes sure that he has obtained the consent of the person from whom the IRM is derived in order to publish it on the Application and as such assumes responsibility for the protection of the personal data of said person.

Content prejudicial to a third party may be the subject of a report to the ICM in accordance with the terms provided for by article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy. , the ICM reserving the right to take the necessary measures with regard to the User. The ICM declines all responsibility in the event of any loss of information accessible in the User's personal space, the latter having to save a copy and not being able to claim any compensation.

The use of the Application is granted free of charge by the ICM to the User.

Use of the Application requires the express consent of the Userr the processing of their personal data, which are processed in accordance with the provisions of the law of 6 January 1978 relating to computers, files and freedoms, and in strict compliance with the general data protection regulations (RGPD ), applicable since May 25, 2018.

Acceptance of these T & Cs constitutes the User's consent to the processing of his personal data for the purposes of accessing the application.

Our privacy policy and protection of personal and sensitive data is provided to users from the dedicated tab on the application and from the website: https://yeb-cenir.icm-institute.org accessible from the "Privacy policy" section and protection of personal data ”

The ICM reserves the right to modify these T & Cs at any time.

The User will be informed of these changes by any useful means. The User who does not accept the modified T & Cs must unsubscribe from the Services in accordance with the terms set out in Article 3.

Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

In the event of a translation of these T & Cs into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

These T & Cs are governed by French law.
In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except for mandatory procedural rules to the contrary.

These general conditions come into force on 01/02/2021.