1. Introduction
Qairnel ("Qairnel") develops a website, accessible at "docmemo.com" ("Site"), consisting of two environments: one for the general public and another for healthcare partners.
2. Purpose
These terms of service ("TOS") cover the conditions of access and use of the Site for individuals concerned about their memory or that of a loved one. They apply to:
- Users who do not have an account and only access Features ("Visitors");
- Users who have created an account to access the Services ("Users").
The TOS concern only the conditions of access and use of the Site by Visitors and Users (collectively, "Users") and exclude healthcare professionals and psychologists, referred to as "Healthcare Partners," who are governed by a separate agreement with Qairnel.
3. Definitions
In addition to the terms defined above, the following terms, whether singular or plural, capitalized or not, will have the meanings specified below:
- "User Account": refers to the personal account associated with a User, allowing access to the Services after registration.
- "Features": refers to the freely accessible part of the Site (without a User Account) available to Visitors, as outlined in the "Description of Features and Services" section.
- "Healthcare Partner": refers to any healthcare professional or psychologist partnering with Qairnel who has accepted Qairnel's values charter.
- "Orientation Module": refers to the anonymous and free orientation questionnaire ("Orientation Questionnaire") composed of thirty (30) questions about lifestyle and medical history, aimed at gathering information necessary to provide a general recommendation to the Visitor.
- "Clinical Trials Registry": refers to a curated and regularly updated list of clinical trials related to neurodegenerative diseases, made available on the Site to allow Visitors and Users to explore ongoing research opportunities that may correspond to their profile or interests. Trials may be associated with questionnaires designed to help Users assess whether they might be a good match for a specific study.
- "User": refers to anyone concerned about their memory and/or that of a loved one who has created a User Account on the Site to access the Services offered by Qairnel.
- "Visitor": refers to anyone concerned about their memory and/or that of a loved one who accesses the Features by completing the Orientation Module offered by Qairnel on the Site without registering.
- "Services": refers to all services provided by Qairnel to a User on the Site, as outlined in the "Description of Features and Services" section.
4. Disclaimer
The Orientation Module and the questionnaires associated with the clinical trial registry are not a medical device as defined by FDA and IMDRF (WG/N10FINAL:2013) Regulations on medical devices and are not intended for medical use.
The Orientation Module solely aims to provide, based on reported cognitive complaints, a general recommendation to follow up with a healthcare professional. It is not personalized and does not constitute new medical information.
The questionnaires associated with the clinical trial registry are intended solely to provide general guidance and help Users assess whether certain studies may be relevant to their situation; they are not intended to confirm eligibility for any specific clinical trial.
5. Requirements
5.1. Legal Capacity
By accepting these terms, the User certifies they are at least twenty one (21) years old and possess the legal capacity to engage under these TOS.
5.2. Technical Compatibility
To access the Site via an internet browser, the User must use an up-to-date browser version.
6. Acceptance and Enforceability of the TOS
6.1. Acceptance of the TOS by the Visitor
Visitors are informed that any use of the Site, particularly filling out the Orientation Questionnaire, constitutes prior acceptance of the TOS, which Visitors may save and/or print.
6.2. Acceptance of the TOS by the User
Services are accessible after creating a User Account, which is subject to acceptance of the TOS. The User acknowledges that by checking the box "To benefit from the services offered by the DocMemo clinic, you must accept the general terms of use" and clicking "Register," they have read and accepted the TOS.
By accepting these TOS, Users expressly consent to receive communications related to their use of the Site and Services, including reminders, scheduling information, and relevant research opportunities, via email, SMS, or phone calls. These communications may be managed through third-party service providers acting on behalf of Qairnel.
6.3. Enforceability
The TOS are enforceable against the User once they are accepted, prior to using the Features and/or Services.
6.4. Modification
Qairnel may modify the TOS at any time, particularly in case of Site or Service updates.
For Visitors, any use of the Site implies acceptance of the current TOS, which will be the enforceable version when accessing the Site.
For Users, the applicable version of the TOS is the one accepted upon subscribing to the Services or, in the event of modification, upon accessing the Services.
The current TOS are permanently accessible on the Site.
7. Technical Conditions of Access to Services
7.1. Account and Access to Services
If a User remains inactive for twenty (20) minutes, access to the User Account will be disconnected. The User will need to log in again to access the Services.
7.2. Password Management
The password chosen by the User must comply with the recommendations of the National Institute of Standards and Technology (NIST) SP 800 63B: it must consist of at least twelve characters, include all four types of characters (uppercase, lowercase, numbers, and special characters), and have no personal connection to the User (e.g., name, date of birth).
The User is solely responsible for maintaining the confidentiality of their password and username, and all activities conducted using them. They agree to change their password promptly in the event of theft, loss, or voluntary or involuntary disclosure to third parties. If they forget their password, they may request a reset link via the "Forgot your password?" tab.
In case of fraudulent or abusive use of their username and/or password, Qairnel will not be liable under any circumstances.
8. Duration of the TOS
The TOS apply for the entire duration of the Site's use.
9. Suspension and Closure of User Account
9.1. Closure of User Account by the User
Users may deactivate their User Account at any time via the "My Account" menu on the Site or by requesting account deletion via email at: contact@docteurmemo.fr.
9.2. Suspension or Closure of User Account by Qairnel
In case of suspicion of fraudulent use of the User Account or breach of the TOS, Qairnel reserves the right to suspend or close the User Account without compensation and without prior notice, depending on the severity of the breach.
10. Description of Features and Services
10.1. Features Provided to the Visitor
When a Visitor accesses the Site, they can access the following Features (freely accessible):
- The Orientation Questionnaire, which, once completed, may be sent to the Visitor and/or their primary care physician;
- A curated registry of clinical trials related to neurodegenerative diseases, allowing Visitors to explore research opportunities that may be relevant to their situation.
- A geolocation service allowing the Visitor to find a healthcare partner nearby;
- Access to information articles, research articles, and media content on cognitive complaints;
- A Frequently Asked Questions (FAQ) section;
- A directory of Healthcare Partners.
Visitors are informed that access to the Services outlined in "Services provided to Users" requires creating a User Account.
11. Financial Conditions for Access to Services
The Features and Services detailed in the "Description of Features and Services" are provided free of charge.
12. User Obligations
Users acknowledge they are solely responsible for the information they provide. Visitors commit to providing accurate information.
Users are responsible for the accuracy and updating of the information they enter during registration or while using the Features and Services.
Users agree to use the Services and all accessible information only for personal purposes and in a manner consistent with public order, morality, and third-party rights, in accordance with these TOS.
Users are prohibited from engaging in any actions, behaviors, or statements that could violate laws and regulations, harm third-party rights, or disrupt the normal functioning of the Site and its Services.
13. Qairnel's Liability
Qairnel endeavors to provide Users with Features and Services according to industry standards. However, Qairnel shall not be held liable for any damage resulting from:
- Site interruptions or malfunctions;
- The spread of viruses or malware, unless due to a failure on Qairnel's part;
- Incompatibility of the User's hardware with Qairnel;
- Unauthorized or fraudulent use of the User's username and password;
- Errors, inaccuracies, or omissions in the User's data;
- Force majeure events.
The recommendations provided by the Orientation Module are purely indicative and do not substitute for medical advice.
14. Intellectual Property
14.1. Qairnel Elements
The "DocMemo" brand is a registered trademark of Qairnel.
The TOS do not involve any transfer of intellectual property rights on Qairnel elements.
The Site, trademarks, designs, images, texts, logos, software, databases, and all other elements of the Site are the exclusive property of Qairnel.
Any reproduction or representation of these elements without Qairnel's express consent constitutes an infringement.
14.2. Third-Party Elements
Elements belonging to third parties, such as excerpts from films, logos, images, and texts, remain the property of their authors.
Users agree to respect the intellectual property rights of third parties whose content appears on the Site.
15. Hypertext Links
The Site may contain hyperlinks to third-party websites. Qairnel disclaims any responsibility for the content of these sites or their privacy policies.
16. General Provisions
16.1. Notifications and Complaints
All notifications and complaints must be made in writing and may be addressed by email to: contact@docteurmemo.fr.
16.2. Tolerance
Users acknowledge that Qairnel's tolerance of a situation does not grant Users any rights.
16.3. Nullity
If any provision of the TOS is declared invalid, the remaining provisions will retain their full force and effect.
16.4. Applicable Law and Dispute Resolution
These TOS are governed by French law. Before any legal action, Qairnel and the User will attempt to resolve disputes amicably. In case of failure, disputes will be submitted to the competent French courts.
16.5. Privacy policy
The Privacy policy of the site can be found at https://docmemo.com/privacy-policy.