TERMS OF USE
These General Terms and Conditions of Use are intended to define the terms of access to and use of the Site - as defined below, made available by the company UNIVERSKIN, Simplified Joint-Stock Company, located at 400 Avenue Roumanille - 06410 BIOT, registered with the Trade and Companies Register of Antibes under number 492 961 347 (hereinafter " UNIVERSKIN "), as well as the rights and obligations of Users in this context.
ARTICLE 1. DEFINITIONS
In the Terms and Conditions, the terms identified below by an initial capital letter have the following meaning, whether used in the singular or plural:
(I) Account : refers to the user account created by the User on the Site which allows access to the Service, as well as to image analysis and Order histories;
(II) CGU: refers to these general terms and conditions of use.
(III) Personal Data: means data which, within the meaning of the Regulations applicable to the protection of personal data, makes it possible to designate or identify, directly or indirectly, a natural person.
(IV) Regulations applicable to the protection of personal data: means any regulations applicable to the protection of personal data and in particular Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the "General Data Protection Regulation" or "GDPR" and the amended texts of Law No. 78-17 of 6 January 1978 known as the "Data Protection Act".
(V) Service : refers to the service for analyzing images of the User's face via the use of UNIVERSKIN's tool integrating an artificial intelligence system developed by it.
(VI) Site: refers to the website www.universkin.com published by UNIVERSKIN, the purpose of which is to present and market the products and services offered by UNIVERSKIN.
(VII) User: means any natural and capable person, having the status of consumer within the meaning given by law and jurisprudence, who visits and uses the Site, regardless of where he or she is located and the means of access.
ARTICLE 2. ACCEPTANCE OF THE TERMS OF USE
These Terms of Use constitute a contract between the User and UNIVERSKIN. Access to the Site is subject to the User's express and unreserved acceptance of these Terms of Use. Failure to accept these Terms of Use means that the User will not be able to access and use the Site.
By using the Site, the User expressly acknowledges and declares that they have read the Terms and Conditions, understood them, and fully accept all their stipulations, without restriction or reservation.
UNIVERSKIN reserves the right to modify and/or update these Terms of Use at any time and without prior notice. Users will be informed of the new Terms of Use upon their next login to the Site. Access to and use of the Site will be subject to the Terms of Use in effect at the time of such access and use.
ARTICLE 3. TERMS OF ACCESS TO THE SITE
3.1 Equipment
Access to the Site requires that the User has computer equipment (PC, MAC, tablet or smartphone), a high-speed internet connection and an internet browser.
All costs related to accessing the Site, whether hardware, software, or internet access fees, are the sole responsibility of the User. The User is solely responsible for the proper functioning and security of their computer equipment and internet access.
3.2 Creating an Account
Use of the Service requires the creation of an Account. On the Website, the User is prompted to enter their email address and create a password. These credentials will serve as their login details, allowing them to access their Account and view the Service and their order history.
Before validating their login details and creating their Account, the User is asked to read the information notice that appears on their screen, containing these Terms of Use and UNIVERSKIN's Privacy Policy, which informs them about the processing of personal data carried out in connection with the use of the Site. The User is also asked to consent to receive newsletters from UNIVERSKIN and its partners, if they wish, by clicking on the corresponding box. Similarly, the User is free to object to the processing of their data for secondary clinical research purposes by clicking on the corresponding box.
By clicking on “Continue”, the User expressly acknowledges having been informed of all the terms of use of the Site and the processing of personal data carried out in this context, and accepts them fully and freely.
The User can then access the Service.
UNIVERSKIN shall in no event be held liable for any delay or inability to access the Site and/or the Service due to erroneous or incomplete information entered on the Site.
The User's login credentials (username and password) are personal and confidential. The User must keep these login credentials secure and agrees not to disclose them to any third party for any reason, in any manner, or in any form whatsoever. The User also agrees to ensure that they properly log out after each session using the Site.
If the user loses, forgets, or has their login credentials stolen, they must change their password as soon as possible by clicking on " Forgot your password? " located below the login form. The user will then be prompted to create a new password.
Under no circumstances will UNIVERSKIN be held liable for the loss, theft, or forgetting of the User's authentication credentials or their fraudulent use. The User is solely responsible for accessing the Account and using the Service with their authentication credentials.
The Account can be deleted by the User by following the procedure detailed on the Site in their customer area.
3.2 Site Availability
The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of UNIVERSKIN and except for interruption, suspension or limitation in the context of maintenance operations and/or updates necessary for its proper functioning.
UNIVERSKIN is only bound by an obligation of means regarding the accessibility, operation, and availability of the Site or its content. UNIVERSKIN reserves the right to interrupt, suspend, or limit access to all or part of the Site, particularly due to legal or technical constraints.
The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without notice and that they will not give rise to any obligation or compensation in its favor.
ARTICLE 4. USE OF THE SITE
In general, the User agrees to use the Site in accordance with the Terms and Conditions, in compliance with the laws and regulations applicable in France.
It is strictly forbidden to use the Site for the following purposes:
— the commission of illegal, discriminatory, fraudulent acts or acts that infringe upon the rights or safety of third parties,
— breach of public order or violation of applicable laws and regulations,
— assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts described above,
— and more generally any practice that diverts the Site for purposes other than those for which it was designed.
UNIVERSKIN may terminate the User's access to the Site or delete their Account in the event of non-compliance with this article, without prejudice to any damages that UNIVERSKIN may claim.
ARTICLE 5. GUARANTEES AND LIABILITIES
UNIVERSKIN makes every effort to keep the Site up-to-date and to provide accurate and reliable information. However, despite all the care and attention given to the preparation and dissemination of content and information, UNIVERSKIN does not guarantee the integrity, accuracy, completeness, timeliness, or any other quality of the information published on the Site. The information published on the Site is provided by UNIVERSKIN for strictly and exclusively informational and indicative purposes.
The Site is not intended to provide health advice or medical diagnoses in any way and cannot replace the advice of healthcare professionals. Only qualified healthcare professionals are authorized to prescribe and/or dispense appropriate treatment and to determine its frequency and duration. The content of the Site, including the results of the Service, should not be interpreted as advice, a recommendation, or a basis for making a decision, diagnosis, or action.
The User is solely responsible for the proper, discerning, and thoughtful use of the Site. No advice or information, whether oral or written, obtained by the User during the use of the Site shall create any guarantees not expressly provided for in the Terms of Use or shall render UNIVERSKIN liable for any damages, of any kind whatsoever, caused to the User or to third parties as a result of the User's misuse of the Site, in violation of the provisions of this article and more generally of any failure to comply with the Terms of Use.
The User is informed that access to the Site implies knowledge and acceptance of the characteristics and limitations of the internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, etc., in general, the risks inherent in any connection and transmission over the internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.
Access to and/or use of the Site and/or the Service is the sole responsibility of the User. The User is responsible for any damage to their computer system, as well as any data loss that may result from their use of the Site. It is therefore the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment, as well as the information they provide to UNIVERSKIN on the Site, from any damage.
The Site is provided "as is" and subject to availability, without any warranty of any kind, express or implied, from UNIVERSKIN. Without limiting the foregoing, UNIVERSKIN specifically makes no warranty of non-infringement of third-party rights, of the Site's or its content's suitability for a particular purpose, or of the Site's suitability for the User's needs, nor does it guarantee that they are free from anomalies, errors, or bugs, or that they will operate without failure or interruption.
To the fullest extent permitted by applicable law, UNIVERSKIN expressly excludes its liability for any damage, direct or indirect, arising out of or in connection with access to the Site or any of its content, its use, malfunction or unavailability whatsoever. UNIVERSKIN is liable only for direct damages that may be caused to the User as a result of the improper performance and/or non-performance of its obligations under these Terms of Use.
The User acknowledges that UNIVERSKIN remains free to correct and/or modify the Site at any time and without notice, without such correction and/or modification giving rise to any recourse on its part.
UNIVERSKIN cannot be held liable, in general, in any case where the non-performance or improper performance of the Terms and Conditions results from a case of force majeure or fortuitous event independent of its will.
ARTICLE 6. INTELLECTUAL PROPERTY
The Site, the analysis tool enabling the Service (including their architecture, software and databases), the distinctive signs, name and logos used to designate the Site, the Service or UNIVERSKIN (the " Protected Elements ") are protected by intellectual property rights (such as in particular all copyrights, patents, trademarks, database producer rights, and any other existing or future intellectual property rights, French and international) and belong to UNIVERSKIN or to third parties who have authorized UNIVERSKIN to use them.
The use of the Site and/or the Service does not in any way confer upon the User any ownership rights and/or intellectual property rights over the Protected Elements, with the exception of a personal, non-exclusive right of access limited exclusively to the use of the Site and/or the Service in accordance with its purpose and in compliance with the Terms of Use.
It is strictly forbidden to represent, reproduce and/or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of UNIVERSKIN. The User is prohibited from copying, modifying, assembling, decompiling, altering, selling, renting, lending, distributing, or transferring all or part of the Site, creating derivative works from the Site, or authorizing any third party to commit such acts, without the prior written consent of UNIVERSKIN.
Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of UNIVERSKIN and/or third-party licensors and may result in civil and criminal proceedings.
ARTICLE 7. PROTECTION OF PERSONAL DATA
UNIVERSKIN is committed to protecting the personal data of its Site Users and ensures that it is protected in accordance with applicable regulations, including Regulation (EU) 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" or "GDPR," and amended French Law No. 78-17 of 6 January 1978, known as the "Data Protection Act." For more information on personal data protection rules, Users are invited to consult UNIVERSKIN's Privacy Policy, available at the following address : universkin.com/pages/privacy-policy .
ARTICLE 8. HYPERLINKS
The Site may contain hyperlinks to third-party websites. UNIVERSKIN has no control over the content of third-party websites referenced by hyperlinks. These websites are published by third-party companies independent of UNIVERSKIN. UNIVERSKIN therefore cannot assume any responsibility for the content, advertisements, products, services, or any other information or data available on or from these websites. Consequently, the User acknowledges being solely responsible for accessing and using these websites. UNIVERSKIN shall not be liable for any actual or alleged damages or losses arising from or related to the use of or reliance on the content, goods, or services available on these websites.
Users are not authorized to create hyperlinks to the Site. Creating links to the Site is only possible with the prior and express consent of UNIVERSKIN.
ARTICLE 9. DURATION - TERMINATION
The Terms and Conditions of Use come into effect upon acceptance by the User and for the entire duration of access to and use of the Site by the User.
In the event of the User's use of the Site and/or the Service in a manner inconsistent with these Terms of Service, in the event of the User's breach of these Terms of Service, or more generally in the event of a violation of applicable laws and regulations, UNIVERSKIN may automatically suspend or terminate, without prior notice, warning, or compensation, all or part of the User's access to the Site and/or the Service. UNIVERSKIN may issue such suspension or termination without prejudice to any other rights, actions, and remedies available to it to seek compensation for any damages it may have suffered as a result of these breaches.
ARTICLE 10. MISCELLANEOUS PROVISIONS
Intuitu personae. These Terms and Conditions are entered into intuitu personae. The rights and obligations arising therefrom may not under any circumstances be assigned or transferred by the User, for any reason whatsoever, without the prior written consent of UNIVERSKIN.
Invalidity. In the event that one of the clauses of the Terms and Conditions is void due to a change in legislation or regulations or declared as such by a final court decision, this shall in no way affect the validity and compliance with the other clauses of the Terms and Conditions.
No waiver. The failure of either party to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of its rights under these Terms and Conditions.
Agreement on Evidence. The User acknowledges that the recordings and backups (including any connection data) made on the Site shall have full probative value between the User and UNIVERSKIN. Thus, these documents (including their date and time) shall be considered valid evidence between the parties in any dispute. The User therefore acknowledges, in its contractual relationship with UNIVERSKIN, the validity and probative value of emails. Similarly, notifications made via the Site may be used against the User as evidence.
ARTICLE 11. APPLICABLE LAW AND JURISDICTION
The Terms and Conditions will be executed and interpreted in accordance with French law.
The Parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or performance of these Terms and Conditions. In the event of a persistent disagreement, the dispute will be brought before the competent courts.
Notwithstanding the foregoing, the User has the right, in any event, pursuant to Articles L. 612-1 et seq. of the French Consumer Code, to use a consumer mediator free of charge for the amicable resolution of any dispute with UNIVERSKIN. To do so, they may contact: MEDICYS Mediation and Cyber-Services Center. The mediator must be contacted within a maximum period of one (1) year from the date of the written complaint sent by registered mail with return receipt requested to UNIVERSKIN. Registration is done by mail to the following address: MEDICYS - 73, Boulevard de Clichy 75009 Paris, or directly on the mediator's website at the following address: https://www.cnpm-mediation-consommation.eu/ .
ARTICLE 12. CONTACT
For any information regarding the Terms and Conditions, the User can contact UNIVERSKIN by email sent to the following address: info@universkin.com or by clicking on the "Contact Us" button available on the Site.