For the purposes hereof, the following terms shall have the meanings defined below:
The User refers to any legal or natural person who may proceed to purchase products or services on the website.
GTC means these General Terms and Conditions of Sale.
The Company refers to the seller, AEGLE Company, owner of the website https://amicare-france.com.
The Site means the entire AmiCare web and mobile solution and its services, accessible from the website https://amicare-france.comand mobile applications available on App Store and Google Play.

The Company offers for sale an online appointment scheduling and appointment reminder service for business customers. The list of products and services offered for sale are presented on the Site https://amicare-france.com, in the Shop section of each dedicated area:

• AmiCare S: health professional space, hereafter called pro space,
• AmiCare: patient area.

These general terms and conditions of sale apply to all sales of products and services made on the Company's Site. The Company reserves the right to modify the GTC at any time, by updating the version accessible from the Site. The new published GTCs then become the GTCs in effect for any sale of products or services on the Company's Site.

2.1 - Creating a patient account
Any individual can create a free patient account on the Site. To create an account, the User must provide certain personal information: last name, first name, date of birth, telephone number and e-mail address.
The creation of an account gives access to the AmiCare patient space and associated services dedicated to the User and accessible by a login/password identification.

2.2 - Creating a healthcare professional account
The User must have previously asked the Company to create a pro account on the pro area of the Site. To create the User's account, the User's personal data: surname, first name, office address and email address, must be provided to the Company.
The creation of a pro account gives access to the AmiCare S pro space and associated services dedicated to the User and accessible by a login/password identification. The User has the possibility to set up a double authentication if he wishes.
The User must be legally authorized to make purchases on behalf of his or her business or company. Any act to the contrary shall be the direct and sole responsibility of the User.
The creation of the User's account and its activation on the pro space systematically entails a monthly subscription at the current rate, i.e. 15€/month, with 1 month free of charge from the account creation date.
At the end of the free period, the Company will invoice the User monthly for the subscription, via an email containing a link to the invoice. The invoice will also be available in the store section of the pro area. The User has the possibility to choose a quarterly invoicing if he wishes, the choice of the invoicing periodicity is made in the Shop section.
After the creation of the account, and at the time of the first connection, the User has the possibility of accepting the GTC which will validate his agreement on the conditions of the subscription.
In case of non validation of the GTC, the access to the Site and to the associated online services will be automatically deactivated at the end of the free month.
The User must enter the information necessary for the Company to issue an invoice in his or her professional space on the Site. The consequences caused by an error in entering or not updating the User's billing information are entirely at the User's expense.

2.3 - Service subscription contract
The contract is materialized by the acceptance of the GTC. The User is deemed to have read the GTC and to have duly accepted them without reservation.
The acceptance of the Contract by digital means has the same evidential value between the Parties as the agreement on paper.
The subscription includes: the right to use the software, the secure and HDS-approved storage space, the software evolutions and updates, the assistance or hotline.

For each product or service that the User wishes to acquire, the following steps are systematic:

• Choice of the product or service concerned
• Choice of options, quantities
• Visualization of the summary of the User's choices as well as the total amount calculated including VAT
• Acceptance of the GTC
• Payment of the total order by credit card
• Order confirmation and return to the store
• Sending of the certificate of payment by email

In the case of purchase of service:

• Sending of an email confirming the activation of the service.

The acceptance of the GTC is done through a checkbox during the presentation of the GTC during the ordering process. As long as he has not passed the payment stage of the order, the User has the possibility to cancel or modify his order.
The Company reserves the right to refuse the order for any legitimate reason.

The prices in force for the products and services offered by the Company are indicated in Euros including VAT and appear in the Shop section of the user area on the site https://amicare-france.com.
The Company reserves the right at any time to modify its prices for the future. The costs of accessing the Company's Site are the sole responsibility of the User.
Any disagreement concerning the invoicing and the nature of the Services must be expressed to The Company by email at secretariat@aegle.fr within one month after the date of issue of the invoice.

5.1 - General information The User has the possibility to pay his order or subscription by VISA or MASTERCARD. The payment of the product or service is managed by SystemPay. The payment is secured by encryption of the information circulating on the Internet network.
When the User's bank allows it, the 3D Secure anti-fraud technology will be used.
The User may, if he/she wishes, register one or more means of payment in his/her pro area, in order to facilitate future payments. The Company does not record the User's payment card numbers. In this case, a unique identifier is provided by the provider SystemPay, which can only be used on the provider's website, and can only be used with the identification key provided by the Company.

5.2 - Direct debit payment
The User may, if he/she wishes, authorize direct debit by default, using the payment method defined by default by the User. At the monthly or quarterly billing date, the direct debit is carried out by the Company and a payment confirmation e-mail is sent instantly to the User's e-mail address or to the authorized Establishment, with a link to the payment certificate.
The Company will not use direct debit for any purpose other than those authorized by the User

5.3 - Delegation of payment
The User may, if he wishes, delegate payment management to a Billing Institution. In this case, the invoices will be sent to the Establishment's email address, previously entered in the Administrator space.
Payment by the Institution is made from the Administrator area, and under the same conditions as in the pro area, in accordance with the above articles.

5.4 - Payment history
The User has access to the history of his payments as well as to the history of his invoices from the Store section of his pro space.

The order is confirmed as soon as the Company has validated the payment of the User or the Authorized Institution. The order confirmation will appear immediately on the User's or Authorized Institution's screen and the screen will return to the Site's Shop page.
As soon as the Company has confirmed the payment of the User or the Authorized Institution, the order is executed and the invoice for the sale is posted a few minutes later on the Company's website in the space dedicated to the User or the Authorized Institution, with a link to the proof of payment.

The duration of the service is equal to the duration of commitment desired by the User. It is by default unlimited, and the User alone determines the duration.

7a.1 - Subscription to the Pro space
The subscription includes the first month free of charge from the date of creation of the User's pro account by the Company. The continuity of the subscription depends on the acceptance of these GTC. The subscription is without commitment of duration.
In case of non validation of the T&C by the User, the Company reserves the right to deactivate the access to the Site and to the associated online services at the expiration date of this free month.
After the free period, pricing is based on a right of use of the Site granted for a monthly or quarterly period, at the User's choice, renewable.
The User will receive by e-mail, each month (on the 5th) or each quarter, depending on the option chosen, a summary invoice to be paid from the Shop section of his pro space. The payment of this invoice will allow the continuity of the access to the services of the Site for the following month or quarter.
In case of non-use of the Site's services for a full month, the User will not be charged.
The User is solely responsible for renewing its services with the Company.
The Company shall not be liable in the event that the User, for any reason whatsoever, fails to renew its services in a timely manner and thereby loses some or all of the information obtained through the use of said services.

7a.2 - Termination
The User is entitled to terminate at any time his subscription to the services of the Company's Site, by notifying his request by e-mail to the following address: amicare@aegle.fr.
The User of a pro account will be charged for the current month or quarter, depending on the billing option chosen.
The cancellation will be effective at the end of the current subscription period, provided that the notification is sent at least 48 hours before the renewal of a new billing period (monthly or quarterly depending on the option chosen), i.e. the 5th of the month.
In case of non-compliance with these notification deadlines, the subscription will be renewed for a billing cycle according to the periodicity that had been defined by the User (monthly or quarterly).
Termination does not entail any refund of the subscription price, not even on a prorata temporis basis. All the sums paid for the subscription will remain definitively acquired by the Company. If the User wishes to recover his data in .csv format, this must be requested at the time of the termination request, before the effective date of termination.
Upon termination of the Service, any information stored in the User's account related to the expired Service may be permanently deleted by the Company.
The User will not be able to claim back the lost information from the Company.

The duration of the service is equal to the duration of commitment desired by the User. It is by default unlimited, and the User alone determines the duration.

7b.1 - Subscription to the AmiCare Premium patient area
The AmiCare Premium Service is a service allowing, by subscribing, to access the optional features described on the registration page of the website (https://www.amicare.fr/inscription_patient/).
Access to the AmiCare Premium space is possible via the Website, from a web browser and from the mobile application (that the User can install for free on his cell phone).
The features of the Premium service are accessible by the User until the termination of his subscription according to its duration (month, year, etc.). Once the Premium subscription expired or terminated, access to optional features will no longer be allowed.
The annual fee is established on the basis of an extended right of use of the software granted for a period of 12 (twelve) months, tacitly renewable.
The User benefiting from the AmiCare Premium subscription is solely responsible for the renewal of his services with the Company.
Before the anniversary date, which is also the expiration date, the User will receive several reminder emails from the Company, informing him of the expiration date of his subscription to the AmiCare Premium service and its tacit renewal, which will allow him to continue to access the AmiCare Premium offer.

7b.2 - Activation of the AmiCare Premium subscription
The User acknowledges and expressly agrees that the activation of the AmiCare Premium service starts as soon as he/she validates his/her registration to the AmiCare Premium service, i.e. before the end of the seven clear days period provided for by the French Consumer Code and consequently acknowledges and agrees that he/she does not benefit from the right of withdrawal related to online or distance selling. Consequently, no request for retraction, cancellation or refund will be accepted for the period subscribed.

7b.3 - Renewal of the AmiCare Premium subscription
Unless cancelled by the User under the conditions of article 7b.4, the subscription to the AmiCare Premium service is tacitly renewed on the anniversary date for a duration identical to the one initially subscribed, i.e. 1 year (12 months).
In case of tacit renewal, the rate then in force for the subscription concerned will be fully applicable to the User.
The payment of this renewal will be made by direct debit, according to article 5. To do so, the User agrees to provide valid banking information at the time of subscription to the AmiCare Premium service and to accept the general conditions of use of the service.

7b.4 - Termination
The User is entitled to terminate at any time his subscription to the services of the Company's Site, by notifying his request by e-mail to the following address: amicare@aegle.fr.
The cancellation will be effective at the end of the current subscription period provided that the notification is sent at least 48 (forty-eight) hours before the end of the subscription period. In the event of failure to comply with these notification deadlines, the subscription will be renewed in full for the period subscribed to.

In case of sale of product with a quota or a fixed quantity to the User, the service ends when the stock sold to the User is exhausted.

In the case of sale of services associated with annual maintenance, the User receives an annual maintenance invoice by e-mail on the anniversary date, to be paid from the Shop section of his pro space. The payment of this invoice proceeds to the annual renewal of the maintenance performed by the Company.

After several reminders, the User in default of payment will have his account suspended.
The Company reserves the right to suspend the services until full payment of the amounts due and, if necessary, to terminate the subscription and access to the services in progress with immediate effect.

The User acknowledges that he/she has verified the suitability of the equipment and the Service for his/her needs. The Company reserves the right to monitor compliance with the conditions of use of the Service.

Each party undertakes to respect its obligations resulting from the application of Law 78-19 of 6 January 1978, as amended, relating to data processing, files and freedoms.
The Company guarantees the User that the personal data relating to the User and for which the Company is the controller will not be sold and/or transferred to a third party under any circumstances. See also the page RGPD vailable on the Site.

The Company shall not be held liable in the event of intrusion on the administration interface of the User's site, access to the servers hosting the source files, databases and, more broadly, the User's data, the attack of a computer virus on the User's equipment or the hacking of the User's electronic mailbox.

The Company shall not be liable for more than the amounts paid by the User under the contract, regardless of the cause.

The Company's liability shall not be incurred if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Any dispute relating to the interpretation and execution of these GTC is subject to French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Pontoise.


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