Legal notice | Futto, Podiatry Software

Terms of Use

The purpose of these Terms of Use is to define the conditions under which the Customer may use the Platform published by Futto (“Futto”) and accessible on the website / (the “Site”).

Access to and use of the Platform are subject to the full and unreserved acceptance of these Terms of Use by the Customer.

By ticking the box “I accept the Terms of Use”, the Customer acknowledges that it has read the Terms of Use, understands them and accepts them in full. This acceptance constitutes an electronic signature within the meaning of Article 1367 of the French Civil Code (Code civil).

By accepting these Terms of Use, the Customer also confirms that it has read and accepted the Terms of Sale, which govern the commercial relationship between Futto and the Customer in connection with the use of the Futto Platform.

The Customer certifies that it acts exclusively in the course of its professional activity and expressly acknowledges that the protective provisions of consumer law do not apply to it.

The application of any other general terms of purchase or sale, or of any contrary special conditions or provisions, is excluded.

Article 1. Publisher of the Site

Futto

Simplified joint-stock company (société par actions simplifiée) with share capital of €1,000

78 avenue des Champs-Élysées, Bureau 326, 75008 PARIS

Telephone: 02.99.29.74.74

953 111 663, R.C.S. PARIS (Paris Trade and Companies Register)

Intra-Community VAT number: FR 41953111663

Publication director: Mr Josué Ngom

Email: [email protected]

Article 2. Site host

Amazon Web Services (AWS)

38 Avenue John F. Kennedy L 1855, LUXEMBOURG (LUXEMBOURG)

Article 3. Definitions

The definitions of the capitalised terms used in these Terms of Use are those set out in Article 2 of the Terms of Sale, which form an integral part of the contractual framework binding the Parties.

Article 4. Registration and access to the Platform

4.1. Registration conditions

To register on the Futto Platform, the Customer must:

Be a healthcare professional qualified as a podiatrist and registered with the RPPS or the local equivalent;
Practise lawfully in one of the Member States of the European Union and/or in Monaco and/or in Andorra and/or in Switzerland;
Have legal capacity to enter into contracts;
Provide accurate, complete and up-to-date information.

4.2. Account creation

When registering, the Customer must provide the following information:

Full identity (surname and first name for natural persons, and company name for legal entities);
RPPS number;
Business address;
Business telephone number;
Business email address;
SIRET number for organisations.

The Customer undertakes to keep this information up to date and to notify Futto immediately of any change.

Futto reserves the right to refuse or suspend any registration that does not meet the required conditions or whose information proves to be inaccurate.

Access to the Platform is protected by personal and confidential login credentials (username and password). The Customer is solely responsible for the confidentiality of its credentials and undertakes to:

Not disclose its credentials to third parties;
Use a strong password (at least 12 characters, combining upper-case and lower-case letters, digits and special characters);
Change its password regularly;
Inform Futto immediately in the event of loss, theft or fraudulent use of its credentials.

Any login or data transmission made from the Customer’s account will be deemed to have been made by the Customer itself, which accepts full responsibility for it.

4.4. Multi-practitioner practices

If the Customer is a practice offering access to the Platform to several podiatrists, one of them is appointed as Administrator and will be the main point of contact with Futto.

The Administrator is responsible for:

Managing the access of the various Users;
Defining the rights and permissions of each User;
Ensuring that the practices of all Users comply with these Terms of Use.

Article 5. Customer obligations

5.1. General obligations of use

By accessing the Platform and the Site, the Customer undertakes to:

Use the services in accordance with their intended purpose and with these Terms of Use;
Not attempt to compromise the security, integrity or availability of the Platform;
Not introduce viruses, malicious code or any other harmful program;
Not access the data of other Users without authorisation;
Not undermine the security or integrity of the Platform;
Not carry out reverse engineering, decompilation or disassembly of the Platform;
Not use the Platform for unlawful or fraudulent purposes;
Not collect or use the data of other Users for unauthorised purposes;
Not overload the infrastructure through abnormal or excessive use;
Not resell, sub-license or transfer access to the Platform to third parties, even free of charge;
Respect the intellectual property rights of Futto and of third parties.

5.2. Account security

The Customer also undertakes to:

Keep its login credentials confidential;
Use secure and up-to-date computer equipment;
Not share its access with unauthorised persons;
Inform Futto immediately of any unauthorised use of its account;
Log out of the Platform at the end of each session.

5.3. Data backup

Although Futto performs regular backups, the Customer is strongly encouraged to make its own backups using the data export feature available on the Platform.

5.4. Sanctions

If any breach of one or more of the obligations referred to in this Article is suspected, Futto may suspend the account of the Customer concerned without notice.

Where the breach is established, Futto may delete the account of the Customer concerned without notice and without prejudice to any action for compensation for the harm suffered.

In that case, and unless Futto indicates otherwise, the Customer will be prohibited from opening a new account.

These sanctions apply without prejudice to the provisions of Article 5.3 of the Terms of Sale concerning termination of the Subscription by Futto.

Article 6. Futto’s obligations

6.1. Obligation of best efforts

Futto is bound by an obligation of best efforts (obligation de moyens) with regard to:

The availability and performance of the Platform;
Data security;
The correction of technical faults;
Technical support.

Futto undertakes to maintain the strictest confidentiality regarding all of the Customer’s data and the patient data hosted on the Platform.

Without prejudice to the provisions of Article 13.3 of the Terms of Sale, Futto will not disclose any data to third parties, except:

On the express instruction of the Customer;
Where required by law or by a court;
With the explicit consent of the Customer.

6.2. No use of data

Futto expressly undertakes not to:

Use the Customer’s data and patient data for commercial purposes;
Exploit such data for any purpose other than providing the Platform;
Train artificial intelligence models on patient data.

6.3. Incident notification

In the event of a personal data breach, Futto undertakes to:

Notify the CNIL (the French data protection authority) within 72 hours of discovering the breach, if it presents a risk to the rights and freedoms of the individuals concerned;
Inform the Customer as soon as possible;
Document the breach and the measures taken to remedy it;
Implement all necessary measures to limit the consequences of the breach.

Article 7. Content published by the Customer

Where the Platform allows the Customer to upload or share content, the Customer warrants that it holds all the necessary rights in that content and that it does not infringe the rights of third parties (copyright, personal data, confidential information).

Futto reserves the right to remove any content that is manifestly unlawful or contrary to these Terms of Use, without notice or compensation.

Article 8. Technical support and maintenance

8.1. Technical support

Futto provides the Customer with a technical support service accessible by email: [email protected]

8.2. Support hours

Technical support is available:

Monday to Friday, from 7am to 9pm;
Excluding French public holidays.

Requests received outside these hours will be handled on the next working day.

8.3. Response times

Futto undertakes to respond to technical support requests within the following timeframes:

Blocking incident: handled within 4 working hours;
Non-blocking incident: handled within 24 working hours;
Question or request for assistance: reply within 48 working hours.

8.4. Documentation

Futto provides the Customer with comprehensive documentation on the use of the Platform, accessible from the Platform (“Help” section) and on the Site (“Features” section).

8.5. Training

Futto offers training sessions on the use of the Platform:

Initial training upon subscription;
Regular webinars on new features;
Free personalised training.

Article 9. Intellectual property

The intellectual property rights relating to the Platform and the Site are governed exclusively by the provisions of Article 6 of the Terms of Sale, to which express reference is made here.

Article 10. Hosting and data security

10.1. Data hosting

The data is hosted on the servers of Amazon Web Services (AWS) located in the Europe (Paris) region, ensuring that the data never leaves French territory.

The hosting infrastructure meets the security and availability requirements for hosting personal health data and is certified as a Health Data Host (Hébergeur de Données de Santé, HDS) in accordance with Article L.1111-8 of the French Public Health Code (Code de la santé publique).

10.2. Data security

Futto implements appropriate technical and organisational measures to ensure the security, confidentiality and integrity of the data, including:

10.2.1. Encryption

Encryption in transit: all communications between the User and the Platform are encrypted using the TLS 1.3 protocol;
Encryption at rest: all stored data is encrypted using the AES-256 algorithm;
Key management: encryption keys are managed through AWS Key Management Service (KMS).

10.2.2. Access control

Strong User authentication;
Granular management of access rights;
Logging of all data access;
Strict separation of data between customers (secure multi-tenant architecture).

10.2.3. Backup and continuity

Automatic daily backups;
Backups retained for 90 (ninety) days;
Disaster recovery plan (plan de reprise d’activité, PRA) and business continuity plan (plan de continuité d’activité, PCA);
Regular restoration tests.

10.2.4. Monitoring and detection

Continuous monitoring of the infrastructure;

Detection of intrusion attempts;
Automatic alerts in the event of incidents;
Full traceability of operations.

10.3. Regulatory compliance

For all regulatory compliance matters, express reference is made to Article 8.9 of the Terms of Sale.

Article 11. Hyperlinks

The Site may contain links to third-party sites. These links are provided for information purposes only. Futto cannot be held liable for the content of those sites or for any damage that may result from visiting them.

The creation of hyperlinks to the Platform or the Site is subject to the prior written consent of Futto.

Article 12. Liability

Futto uses all necessary means to ensure the security and reliability of the Platform. However, Futto cannot be held liable for direct or indirect damage resulting from:

An interruption or unavailability of the Platform;
The medical consequences resulting from the Customer’s use of the Platform;
Input or interpretation errors made by the Customer;
An error in the documents generated by the Platform, in particular quotes, fee calculations and prescriptions;
Use of the Platform by the Customer that does not comply with these Terms of Use;
An act of a third party (cyber-attack, hacking, virus, intrusion or fraudulent access to the Platform);
A failure of a third party, in particular Amazon Web Services (AWS), Stripe, Ordoclic, Vidal, Auth0, Sentry, Brevo or CertEurope, over which Futto has no direct control;
A failure of the Internet network or of the Customer’s equipment.

For the full liability regime applicable to the contractual relationship between Futto and the Customer, in particular the caps on compensation, the warranties and the absence of any medical warranty, express reference is made to Article 9 of the Terms of Sale.

Article 13. General provisions

13.1. Partial invalidity

If one or more provisions of these Terms of Use are held to be invalid or are declared so by a law, a regulation or a final decision of a competent court, the remaining provisions will retain their full force and effect. The Parties will endeavour to replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of these Terms of Use.

13.2. Waiver

The failure of one of the Parties to rely on a breach by the other Party of any of the obligations set out in these Terms of Use shall not be interpreted as a waiver of the obligation concerned.

13.3. Assignment

The Customer may not assign, transfer or subcontract all or part of its rights and obligations under these Terms of Use without the prior written consent of Futto.

Futto reserves the right to assign or transfer all or part of its rights and obligations, in particular in the event of a merger, acquisition, sale of assets or restructuring. The Customer will be informed by email.

13.4. Retention of the Terms of Use

The Customer is invited to download, print and keep a copy of these Terms of Use. The Terms of Use are archived by Futto for as long as necessary and are available on request.

13.5. Amendment of the Terms of Use

Futto reserves the right to amend these Terms of Use at any time. The Customer will be informed of the amendments by email or by notification on the Platform at least 30 (thirty) days before they take effect. Continued use of the Platform after notification constitutes acceptance of the new Terms of Use.

13.6. Language

These Terms of Use are drafted in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 14. Term and termination

These Terms of Use apply for the entire period of use of the Platform, which is tied to the term of the Subscription taken out in accordance with Article 5 of the Terms of Sale.

The term, renewal and termination arrangements for the Subscription are governed exclusively by Article 5 of the Terms of Sale, to which express reference is made.

Regardless of any commercial termination of the Subscription, it is reiterated that Futto may suspend or delete the Customer’s account in the event of a breach of these Terms of Use, under the conditions set out in Article 5.4 hereof.

Article 15. Governing law and jurisdiction

The law applicable to these Terms of Use and the court with jurisdiction in the event of a dispute are those defined in Article 12 of the Terms of Sale, to which express reference is made.

For any question concerning these Terms of Use, please contact:

Futto – 78 avenue des Champs-Élysées, Bureau 326, 75008 PARIS