Terms of Sale | Futto, the software for podiatrists

General Terms of Sale

These Terms of Sale govern the commercial relationship between Futto, a simplified joint-stock company (société par actions simplifiée) with share capital of €1,000, located at 78 avenue des Champs-Élysées, Bureau 326, 75008 PARIS, registered with the Paris Trade and Companies Register (R.C.S.) under number 953 111 663 (“Futto”) and the Customer, in connection with the use of the Futto Platform dedicated to the management of a podiatry practice.

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

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

By accepting these Terms of Sale, the Customer also confirms that it has read and accepted the Terms of Use, which set out the general terms of use of the Platform, and undertakes to ensure that the Users comply with them (porte-fort).

The Customer certifies that it acts exclusively within the scope 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. Purpose

The purpose of these Terms of Sale is to define the conditions under which Futto grants the Customer, who accepts:

A right of access to the Platform;
A non-exclusive and non-transferable right to use the Platform;
Associated services including hosting, maintenance, updates and support.

Article 2. Definitions

The terms defined below have the following meanings in these Terms of Sale and in the Terms of Use. Any capitalised term not defined herein is defined in the Terms of Use.

“Customer”: means any podiatrist healthcare professional, whether a natural or legal person (sole practice, group practice, professional practice company), who has taken out a Subscription to the Futto Platform.
“Platform”: means the Software as a Service (SaaS) application Futto, accessible online, which enables podiatrists to manage their professional activity, their patient records and their prescriptions.
“Subscription”: means the subscription taken out by the Customer giving access to the features of the Platform according to the chosen pricing plan.
“User”: means any natural person authorised by the Customer to access and use the Platform (podiatrist, medical secretary, assistant).
“Administrator”: means the principal User designated by the Customer to manage access to and settings of the Platform.
“RPPS”: means the Répertoire Partagé des Professionnels intervenant dans le système de Santé (the French shared directory of health system professionals).
“Site”: means the Futto website, accessible at
/
“Terms of Sale”: means these general terms of sale.
“Terms of Use”: means the general terms of use of the Platform, accessible at: /legal/legal-terms
“Party” or “Parties”: means, individually or collectively, Futto and the Customer.

Article 3. Platform services

3.1. Description of the services

The Futto Platform makes it possible, in particular, to:

3.1.1. Patient record management and medical follow-up

Create and update patient records;
Record medical history;
Enter consultations and procedures carried out;
Securely store documents (X-rays, photos, reports);
Keep a complete history of treatments.

3.1.2. Prescriptions

Create and issue digital prescriptions via the Ordoclic integration;
Access the Vidal drug database;
Check drug interactions;
Generate prescriptions that comply with healthcare standards.

3.1.3. Invoicing and electronic claims transmission

Create and issue invoices;
Track payments;
Generate activity statistics.

3.2. Availability of the Platform

Futto undertakes to provide a service accessible 24 hours a day, 7 days a week, subject to maintenance operations.

Futto guarantees a Platform availability rate of 99.5%, calculated monthly, excluding scheduled maintenance and cases of force majeure, and subject to any failure of the servers of Amazon Web Services (AWS), whose service level agreement is available at: https://aws.amazon.com/fr/legal/service-level-agreements/

3.3. Maintenance

Maintenance operations may be carried out to improve or correct the Platform. Futto will endeavour to:

Schedule maintenance outside working hours;
Inform the Customer at least 48 hours in advance in the event of scheduled maintenance;
Limit the duration of the interruption to what is strictly necessary.

In the event of emergency maintenance, Futto will inform the Customer as soon as possible.

3.4. Changes to the Platform

Futto reserves the right to change the Platform by adding, modifying or removing features, with the aim of improving the services.

Minor changes are deployed automatically without prior notice. Major changes are notified to the Customer in advance.

Article 4. Financial terms

4.1. Prices

The prices of the Futto Platform are stated in euros, inclusive of all taxes (TTC), including VAT at the rate in force. Any tax, duty or fee imposed by the applicable regulations will be passed on in the price invoiced.

The prices in force are available on the Site at: /pricing

Prices may vary depending on:

The subscription plan chosen (monthly or annual);
The number of Users;
The features activated;
The storage volume used.

4.2. Trial period

Futto may offer a free trial period of 30 (thirty) days enabling the Customer to test the features of the Platform.

At the end of the trial period, if the Customer has not cancelled its Subscription, it will be invoiced for the Subscription it has chosen. The end of the trial period means the anniversary date of the subscription.

4.3. Special promotional plans

Futto may, at its sole discretion, offer promotional offers, in particular in partnership with third parties as part of the marketing of their own products or services.

The special conditions applicable to each promotional offer (duration, scope, any restrictions) are brought to the attention of the Customer at the time of subscription or by any other means of communication. In the event of a conflict between these special conditions and these Terms of Sale, the special conditions of the promotional offer prevail.

Unless otherwise stated, promotional offers and codes cannot be combined with one another.

4.4. Invoicing

Invoices are issued:

For monthly subscriptions: each month on the anniversary date of the subscription;
For annual subscriptions: annually on the anniversary date of the subscription.

Invoices are available in electronic format in the Customer area of the Platform and are sent by email to the billing address provided.

4.5. Payment terms

Payment is made by bank card via the Platform (secure payment by Stripe). Payment is debited automatically on the invoicing date.

4.6. Late payment

In the event of late payment, that is, on the day following the above-mentioned due date:

Penalties are due automatically, without prior formal notice, at a rate of 3 (three) times the legal interest rate in force. A fixed recovery fee of €40 (forty euros) is also payable in accordance with Article L.441-10 of the French Commercial Code;
Any subsequent payment, for whatever reason, will be applied immediately and as a priority to settling the oldest invoice;
A reminder will be sent to the Customer by email;
Failure to pay by the due date entitles Futto to suspend its obligations, in particular access to the Platform, until the account is settled, without the Customer being entitled to any credit note or refund;
In the event of payment being more than 30 (thirty) days late following failure to pay by the due date, Futto reserves the right to terminate the Subscription automatically and without prior notice.

4.7. Price revision

Futto reserves the right to change its prices. Any price change:

Will be notified to the Customer by email 30 (thirty) days before it takes effect;
Will apply from the next renewal of the Subscription.

If the new prices are refused, the Customer may terminate its Subscription, which will end at the close of the current billing period.

Article 5. Term and termination

5.1. Term of the Subscription

The Subscription is taken out for an initial term of 1 (one) month for a monthly Subscription or 1 (one) year for an annual Subscription, starting from the date of subscription.

At the end of this period, the Subscription is automatically renewed for an identical term, unless terminated by the Customer in accordance with the procedures defined below.

At any time during the Subscription, the Customer may request an increase in the number of Users. In the event of an increase in the scope of the Subscription, any period already begun is due and the new order will be invoiced separately.

5.2. Termination by the Customer

The termination request must be sent no later than:

15 (fifteen) days before the end of the current commitment period, if the Subscription is monthly;
30 (thirty) days before the end of the current commitment period, if the Subscription is annual;

The request may be sent by any of the following means:

Directly from the Platform interface;
By email to: [email protected];
By registered letter with acknowledgement of receipt sent to the registered office address of Futto.

If the Subscription is not terminated within this period, it will be renewed on the same terms as the previous period, except for the price, which will be updated to the rates applied by Futto on the date of renewal.

The Customer is informed that any payment made in respect of the current Subscription will remain the property of Futto and that any commitment period already begun remains due. No pro rata temporis refund may be requested on account of the termination of this agreement, for whatever reason.

5.3. Termination by Futto

Futto reserves the right to suspend or terminate the contract without notice and to remove access to the Platform in the event of a breach of the provisions of these Terms of Sale or of the Terms of Use, in particular in the event of failure to pay by the due date or use of the Platform by any person other than an authorised User.

In such a case, Futto will inform the Customer and will retain all sums already paid by the Customer, without the latter being entitled to any refund, and without prejudice to any further claim for damages.

Except in the event of a serious breach requiring immediate termination, termination will be notified to the Customer by email with 15 (fifteen) days’ notice.

5.4. Consequences of termination

On the effective date of termination:

The Customer’s access to the Platform is immediately deactivated;
The Customer has 30 (thirty) days to retrieve its data using the export feature;
After this period, Futto will permanently delete all of the Customer’s data, in accordance with the GDPR, without prejudice, however, to the provisions of Article 8.5 hereof.

These provisions apply without prejudice to the sanctions provided for in Article 5.4 of the Terms of Use relating to the suspension and deletion of the account.

Article 6. Ownership

6.1. Ownership of Futto

Futto holds the intellectual property rights in all the elements making up the Platform and the Site, including in particular its graphic charter, its structure, its navigation interfaces and its content: texts, trademarks, logos, graphics, drawings, models, photographs, videos, images, sounds, etc.

Except with the prior written authorisation of Futto, the Customer may not carry out any representation, reproduction, adaptation, translation or transformation, in whole or in part, and/or transfer on any medium whatsoever, of any element of the Platform or the Site.

Distinctive signs, and in particular trademarks, company names, trade names, signs, titles and domain names, are the property of Futto or its partners and may not be used without the prior written authorisation of their owner.

Any breach of these provisions constitutes, in addition to a breach of contract, an act of infringement (contrefaçon) liable to give rise to the civil and/or criminal liability of its perpetrator.

The Customer benefits from a strictly personal, non-exclusive and non-assignable right of access and use, limited to the normal use of the Platform within the intended professional context.

6.2. Ownership by the Customer

The Customer retains full ownership of its data and of the patient data that it enters or uploads to the Platform.

Article 7. Customer obligations and liability

As a preliminary point, it is understood that the Customer is responsible, both on its own behalf and on behalf of the User, for full compliance with these Terms of Sale.

7.1. Proper use of the Platform

The Customer undertakes to use the Platform in accordance with:

These Terms of Sale and the Terms of Use;
The legislation in force, in particular the French Public Health Code (Code de la santé publique) for France or any applicable local legislation;
The professional code of ethics of the podiatry profession;
Good professional practice.

7.2. Customer liability

The Customer is solely responsible for:

Its use of the Platform;
The data it enters or uploads to the Platform;
The quality of the care provided to its patients;
Compliance with the legal and ethical obligations of its profession;
The security of its IT equipment and its login credentials;
The documents generated by the Platform, and in particular quotes, invoices, prescriptions and the calculation of fees and/or fee shares (rétrocessions), which are tools offered by the Platform but whose accuracy must always be checked by the Customer before they are sent;
Taking out appropriate professional liability insurance.

7.3. Medical liability

The Customer remains solely responsible for:

The quality of the care provided to its patients;
The accuracy of the information entered in patient records;
The prescriptions issued;
The diagnosis and medical follow-up of its patients;
Compliance with medical confidentiality and the confidentiality of patient data.

The Futto Platform is a tool to assist with the management and organisation of the practice. It in no way replaces the professional judgement of the podiatrist.

7.4. Accuracy of information

The Customer warrants the accuracy, completeness and currency of the information it provides to Futto and enters in the Platform.

7.5. Reference to the Terms of Use

For all technical obligations relating to the use of the Platform (prohibited uses, account security measures, registration procedures and data backup), express reference is made to Articles 4 and 5 of the Terms of Use, which form an integral part of the contractual framework binding the Parties.

Article 8. Personal data protection

In connection with the use of the Platform:

The Customer is the data controller for its patients’ health data;
Futto acts as a processor within the meaning of Article 28 of the GDPR.

8.2. Futto’s commitments as a processor

As a processor, Futto undertakes to:

Process the data only on the documented instructions of the Customer;
Ensure the confidentiality of the data;
Implement appropriate technical and organisational measures to ensure the security of the data;
Assist the Customer in complying with its GDPR obligations (exercise of data subjects’ rights, breach notifications, DPIAs);
Not engage another processor without the prior written authorisation of the Customer;
Delete or return all data at the end of the contract;
Make available to the Customer all the information necessary to demonstrate compliance and allow for audits.

8.3. Purposes of the processing

Futto processes health data for the following purposes only:

Secure hosting and storage of data;
Provision of the Platform’s features;
Maintenance and technical support;
Data backup and restoration;
Improvement of security and fraud prevention.

8.4. Categories of data processed

The data that may be processed includes:

Identification data of the Customer: surname, first name, email, telephone, RPPS number, SIRET number;
Patient data: identity, contact details, medical history, consultations, prescriptions, medical images, procedures carried out;
Billing data: payment information (processed by Stripe), invoices;
Technical data: connection logs, IP addresses, browsing data.

8.5. Retention period

Data is retained for the following periods:

Patient data and medical records: for the entire term of the Subscription, then for 30 (thirty) days after its termination to enable the Customer to export its data;
Technical backups: 90 (ninety) days on a rolling basis;
Security and connection logs: 1 (one) year;
Billing data: 10 (ten) years, in accordance with legal accounting obligations.

At the end of each of these periods, the data concerned is securely and permanently deleted.

8.6. Rights of data subjects

The Customer’s patients have the following rights over their data: right of access, right to rectification, right to erasure (“right to be forgotten”), right to restriction of processing, right to data portability, right to object.

These requests must be addressed to the Customer, as data controller. Futto will assist the Customer in handling these requests.

8.7. Data transfers outside the EU

Data is hosted exclusively in the European Union (France) and is not transferred to any third country. Should a transfer prove necessary, it would be governed by appropriate mechanisms (standard contractual clauses of the European Commission) and the Customer would be informed beforehand.

8.8. Sub-processors

Futto may use the following sub-processors:

Amazon Web Services: data hosting (Paris, France);
Stripe: payment processing;
Ordoclic: generation of digital prescriptions;
Vidal: drug database;
Auth0: management of User authentication and access;
Brevo: sending of electronic communications;
CertEurope: qualified electronic signature in accordance with the eIDAS Regulation;
PostHog: audience and product usage analysis (product analytics);
New Relic: monitoring of application performance;
Sentry: tracking and logging of technical application errors.

The Customer hereby authorises the use of these sub-processors. Any change of sub-processor will be notified to the Customer by any means.

8.9. Regulatory compliance

Futto processes users’ personal data in compliance with Regulation (EU) 2016/679 (“GDPR”) and the French Data Protection Act (Loi Informatique et Libertés).

The Customer has rights of access, rectification, erasure, portability and objection, which may be exercised at: [email protected]

In accordance with Article 77 of the GDPR, the Customer also has the right to lodge a complaint with the competent supervisory authority, namely the French data protection authority, the Commission Nationale de l’Informatique et des Libertés (“CNIL”), in particular if it considers that the processing of personal data relating to it infringes the GDPR. This right is exercised without prejudice to any other administrative or judicial remedy.

Article 9. Liability and warranties

9.1. Liability of Futto

Futto is responsible for providing the Platform under the conditions set out in these Terms of Sale. Futto undertakes to perform this assignment with all the care and professional skill expected of a service provider in its field. It is subject to an obligation of best efforts (obligation de moyens) and not an obligation to achieve a particular result.

In any event, the liability of Futto may be incurred only for direct, foreseeable and proven damage resulting from a breach of its contractual obligations.

9.2. Limitations of liability

9.2.1. Exclusions

Futto cannot be held liable for:

Indirect damage such as loss of turnover, loss of clientele, loss of opportunity, loss of data (except in the case of gross negligence), damage to reputation;
The medical consequences resulting from the use of the Platform by the Customer;
Any error in any of the documents generated by the Platform, and in particular quotes, invoices, prescriptions, and the calculation of fees and/or fee shares (rétrocessions);
Input or interpretation errors made by the Customer;
Non-compliant use of the Platform by the Customer;
A case of force majeure as defined in Article 10;
The act of a third party (e.g. cyberattack, hacking, virus);
A failure of telecommunications networks;
A malfunction of the Customer’s IT equipment;
Third-party integrations over which Futto has no direct control.

9.2.2. Liability cap

In any event, if the liability of Futto were established, damages and any resulting compensation, for all causes combined, would be limited to the refund of the cost of the Subscription paid by the Customer for the current year.

9.3. Warranties

Futto warrants that:

The Platform conforms to its description and to the announced features;
The Platform is free of viruses and other malicious code known to date;
Futto has taken out professional liability insurance covering damage that may be caused in the course of its activities.

9.4. No medical warranty

The Platform is a tool to assist with administrative management and the organisation of the practice. It does not in any way constitute:

A medical device;
A diagnostic tool or diagnostic aid;
A therapeutic recommendation;
A substitute for the clinical judgement of the healthcare professional.

The Customer remains the sole judge of its medical decisions and may in no case attribute any liability in this respect to Futto.

Article 10. Force majeure

10.1. Definition

In accordance with Article 1218 of the French Civil Code, force majeure means any external, unforeseeable and irresistible event that prevents one of the Parties from performing all or part of its obligations.

10.2. Consequences

In the event of force majeure:

The performance of the affected Party’s obligations will be suspended;
The performance of the obligations will be postponed for a period at least equal to the duration of the suspension;
The affected Party will inform the other Party as soon as possible;
The Parties will consult each other to examine the consequences and agree on the solutions to be implemented.

10.3. Termination

If the case of force majeure continues beyond 30 (thirty) days, either Party may terminate the contract automatically, without compensation, by registered letter with acknowledgement of receipt.

Article 11. Confidentiality

Each Party undertakes to keep strictly confidential all information received from the other Party under this agreement, not to disclose it to third parties and to use it solely for the purposes of performing the contract.

By way of exception, each Party may disclose confidential information to its employees or service providers who strictly need it, provided that they are themselves bound by a confidentiality obligation at least equivalent.

This obligation does not apply to information that:

is or becomes public through no fault of the receiving Party;
was known to that Party before its disclosure;
is independently developed by that Party without recourse to the confidential information;
is lawfully received from a third party not subject to a confidentiality obligation;
must be disclosed pursuant to a legal obligation or a court decision, in which case the Party concerned will inform the other Party in writing beforehand and will disclose only the information that is strictly necessary.

This confidentiality obligation applies throughout the term of the contract and for 3 (three) years after its termination or expiry.

Article 12. Governing law and jurisdiction

These Terms of Sale, together with the Terms of Use which are inseparable from them, are governed by French law. Any dispute relating to their interpretation or performance will, failing an amicable resolution, be submitted to the exclusive jurisdiction of the Paris Commercial Court (Tribunal des Affaires Économiques de Paris).

In the event of any difficulty of interpretation or performance, the Parties undertake to seek an amicable solution before any legal action. Any claim must first be addressed to Futto by email with acknowledgement of receipt to [email protected] or by registered letter with acknowledgement of receipt. Futto undertakes to reply within 30 (thirty) days of the request.

Article 13. General provisions

13.1. Partial invalidity

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

13.2. Waiver

The failure of one of the Parties to rely on a breach by the other Party of any of the obligations referred to in these Terms of Sale shall not be construed as a waiver of the obligation in question.

13.3. Assignment

The Customer may not assign, transfer or subcontract all or part of its rights and obligations under these Terms of Sale 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. Notifications

All notifications provided for in these Terms of Sale will be made:

By email to the addresses provided by the Parties;
By notification within the Platform;
By registered letter with acknowledgement of receipt for important acts (termination, formal notice).

13.5. Retention of the Terms of Sale

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

13.6. Amendment of the Terms of Sale

13.6.1. Futto reserves the right to amend these Terms of Sale at any time, in particular to: adapt to legal and regulatory developments, improve the Platform, correct inaccuracies or errors, or add new features.

13.6.2. Any amendment to the Terms of Sale will be notified to the Customer by email to the address provided and by notification within the Platform, at least 30 (thirty) days before the new Terms of Sale come into force.

13.6.3. If the Customer does not accept the amendments, it may terminate its Subscription before the new Terms of Sale come into force, without charge or penalty. Continued use of the Platform after the amended Terms of Sale come into force constitutes acceptance of them.

13.7. Language

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

For any question regarding these Terms of Sale, please contact:

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

Email: [email protected]

Version 1.2 · published on July 10, 2026

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