General Conditions of Use
These general conditions of use (so-called “Terms”) are intended to provide a legal framework for the provision of the application App.PodoSmart.tech (“App”), services offered (the Services) to health professionals using PodoSmart in the context of their professional activities. (hereinafter referred to as “the Users” and individually “the User”) and the use of DIGITSOLE PodoSmart insoles.
These Terms are available on the app under « Terms”.
Any registration or use of the App and the soles implies the acceptance without any reservation or restriction of these Terms by the user. When registering on the site via the Registration Form, each user expressly accepts these Terms by ticking the box preceding the following text: “I acknowledge having read and understood the Terms and I accept them ».
In case of non-acceptance of the Terms and Conditions stipulated in this contract, the User must renounce access to the services offered by the App.
DIGITSOLE PodoSmart products comply with the safety requirements as well as the following European standards: Directive 2014/53/EU of February 26th 2014 (RED), Directive 2011/65 /EU of June 8th 2011 (ROHS Directive) and Directive 2012/19/EU of July 4th 2012 (DEEE Directive).
App.PodoSmart.tech reserves the right to modify unilaterally and at any time the content of these Terms.
Legal Notice
The edition and the direction of the publication of the App app.PodoSmart.tech is ensured by SAS DIGITSOLE, domiciled 13 Rue Héré, 54000, Nancy, France.
Phone number: 03 83 36 72 72
Email address: contact@digitsole.com
DIGITSOLE is a simplified joint stock company registered in the Trade and Companies Register (RCS) of Nancy under the number 512 341 801.
The host of the website www.podosmart.tech site is the company OVH SAS, whose head office is located at 2 Rue Kellermann, 59100 Roubaix, with the telephone number: 0972101007.
CHAPTER 1: General conditions of use of PodoSmart insoles
General warning:
As with all equipment, DIGITSOLE PodoSmart soles are subject to wear and constraints.
No single product is adapted to all types of use.
The various materials and components are subject to wear or fatigue under certain constraints during use at different speeds and may have differing life cycles.
Although the insoles and their components can be covered by a guarantee for a specific period, there can be no certitude that DIGITSOLE PodoSmart insoles will last throughout the entire guarantee period.
The lifetime of DIGITSOLE PodoSmart insoles particularly depends on how they are used by the user.
The guarantee does not mean that the product will never wear out or is unbreakable; it simply means that DIGITSOLE PodoSmart insoles are covered according to the terms of the applicable guarantee.
The DIGITSOLE PodoSmart insoles are sold in sets of 6 pairs of soles.
They are mainly intended for the use of health professionals (podiatrist, physiotherapist …).
Their function is to detect and analyze the biomechanical parameters of walking at the user.
The operation of this device is described on the link: https://www.PodoSmart.tech/en/
Technical description
The kit includes:
Available sizes: EUR 36/37 – 38/38 – 40/41 – 42/43 – 44/45 – 46/47
Packaging: Case composed of 6 pairs of soles +2 Micro-USB cables + Bluetooth connection box + User manual.
Precautions and tips for use:
About your DIGITSOLE PodoSmart insoles :
Do not bend or twist your soles;
Do not use during water activities (do not submerge in liquid);
Make sure your soles are easily accessible during use;
Do not use your soles if they are damaged (worn, perforated, etc.);
Do not puncture, pierce, strike or damage your soles;
Do not try to repair your soles if they are damaged;
Do not wear on top of another insole.
About your shoes:
It is recommended to wear clean and cotton socks;
Do not wear your PodoSmart insoles in shoes with a metal plate on their lower insoles.
Proximity to a heat source:
Do not leave near a heat source.
Our technology:
Our system uses high-frequency Bluetooth communication, so it is strongly recommended to comply with the limitations of this communication technology;
Never attempt any kind of modification to the PODOSMART insole software and/or the application. Any breach is liable to penal and civil sanctions for patent infringement.
Specific recommendations related to pressure / shock:
Do not use if shocks and / or perceived impacts are greater than 600 kg (or 6000 N);
Do not support a weight greater than 200 kg;
Do not exert pressure greater than 50 kg / cm2 (or 500 N / cm2).
Care of your soles DIGITSOLE PodoSmart:
Do not wash your insoles by machine or by hand;
Do not dry in a dry cleaner, with a hair dryer or hand dryer;
Do not clean with any type of product. Lightly moistened multi-purpose microfibre wipes can be used to clean your insoles, without using any chemical product (bleach etc).
Battery – charger:
Like many portable electronic devices, DIGITSOLE PodoSmart soles contain lithium batteries, which must be handled with extreme care;
Do not charge near flammable, liquid or solid materials, etc.
Do not place DIGITSOLE PodoSmart insoles on current conductive surfaces: metal box, metal table etc.
Only use the cable provided with the DIGITSOLE PodoSmart insoles.
The battery must be fully discharged before disposal. A non-discharged battery may still catch fire after disposal
Storage of your soles DIGITSOLE PodoSmart:
When storing, your battery needs to be 75% charged
Your insoles must be stored in a dry and temperate place whose temperature is between 15 ° and 35 °.
Guarantee:
Our 2 year guarantee applies to the electronics and when the product is used under normal conditions of use according to the terms of these conditions of use.
If the DIGITSOLE PodoSmart sole is worn, the guarantee will not work even on the electronic part.
If the DIGITSOLE PodoSmart insoles are damaged as a result of misuse or lack of maintenance, the guarantee will not apply.
Unless otherwise provided, the sole remedy under the guarantee is limited to the replacement of the soles by DIGITSOLE PodoSmart soles of an equal or higher value at the sole discretion of DIGITSOLE.
This guarantee takes effect from the date of purchase; it concerns only the first owner and is not transferable.
Recycling of your soles DIGITSOLE PodoSmart:
Environmental conservation is also an important component of the marketing of DIGITSOLE PodoSmart insoles. As such, once your DIGITSOLE PodoSmart insoles are used, it is recommended that you dispose of them in appropriate waste disposal facilities or drop them off at electronic collection points.
Chapter 2: Using the PodoSmart App
Access to the site:
App.PodoSmart.tech allows healthcare professionals to analyze the walking profile of their patients through the use of connected insoles. The use of PODOSTATION® according to the user manual is required to recover the data collected by the insoles.
The App is accessible free of charge to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.
The non-member User does not have access to the reserved services. For this, he must register by completing the form after acquiring a PodoSmart kit. By agreeing to subscribe to the reserved services, the Member User agrees to provide sincere and accurate information concerning his marital status and contact details, including his email address.
To access the services, the User must then identify himself using his username and password that he communicated after his registration.
Any regularly registered Member User may also request unsubscription by going to the dedicated page on his personal space. This will be effective within a reasonable time.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of app.PodoSmart.tech. In these cases, the User agrees not to hold the editor to any interruption or suspension of service, even without notice.
The User has the possibility to contact the application by e-mail at the publisher’s email address given in Legal notice part.
Collection of data:
The App provides the User with a collection and processing of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data, files and freedoms. The site is declared to the CNIL under number 1578473v0.
Under the Data Protection Act, dated January 6, 1978, the User has the right to access, rectify, delete and oppose personal data. The User exercises this right: ·via his personal space.
Intellectual property:
The trademarks, logos, signs as well as all the contents of the App (texts, images, sound …) are protected by the Code of the intellectual property and more particularly by the copyright.
The brand PodoSmart® is a registered trademark of Global Brands SA. All representation and/or reproduction and / or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.
The User must request the prior authorization of DIGITSOLE for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the App in a strictly private setting, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this App by any means whatsoever, without the express permission of the operator of the App constitutes an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property.
It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and its source.
Responsibility:
App.PodoSmart is a diagnostic tool for healthcare professionals. It is up to each health professional to make the final diagnosis based on their analysis, skills and knowledge. In no case the result proposed by App.PodoSmart.tech can engage the responsibility of DIGITSOLE. The information provided is indicative and general, without medical value.
App.PodoSmart cannot be held responsible for the modification of administrative and legal provisions occurring after the publication.
Similarly, the site cannot be held responsible for the use and interpretation of the information contained in the App.
The User shall make sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited. He assumes the risks related to the use of his username and password. DIGITSOLE declines all responsibility.
App.PodoSmart cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user following use, access or download from this site.
The responsibility of the App cannot be committed in case of force majeure or the unpredictable and insurmountable fact of a third.
Hypertext links:
Hypertext links may be present on the site. The User is informed that by clicking on these links, he will leave the site App.PodoSmart. The latter has no control over the web pages on which these links end and cannot, under any circumstances, be responsible for their content.
Cookies:
The User is informed that during his visits to the App, a cookie may be automatically installed on his browser.
Cookies are small files stored temporarily on the hard disk of the User’s computer by your browser and which are necessary for the use of App.PodoSmart. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain.
The information contained in the cookies is used to improve the App.PodoSmart site.
By browsing the App, the User accepts them.
The User must however give his consent to the use of certain cookies.
Failing acceptance, the User is informed that certain features or pages may be refused.
The User may disable these cookies via the parameters contained within his browser.
Applicable law and competent jurisdiction:
French law applies to this contract. In case of absence of amicable resolution of a dispute born between the parts, the French courts will be only competent to know.
For any question relating to the application of these Terms, you can contact the publisher to the contact details listed in Legal notice.
DIGITSOLE is free to modify, at any time, these Terms, in particular to take into account any legal, regulatory, jurisprudential and / or technical developments. The version that prevails is the one that is accessible online at the following address: https://www. PodoSmart .tech/en/conditions-generales-utilisation. All users are therefore required to refer to their version accessible online at the date of their use of the soles.
The user is expressly informed that the only version of the CGU of the PODOSMART insoles that is authentic is that which is online on the site, which he recognizes and accepts without restriction, pledging to refer to it systematically during of each use.