ETERNITY HEALTHCARE ASSISTANT - TERMS OF USE

Version effective February 26, 2026

The company DEEP-IO-TECH, registered with the Grasse Trade and Companies Register under number 983 689 274, with its registered office at ALPHA SOPHIA ANTIPOLIS, Rue Pierre Laffitte, 06410 Biot, France (« Deep IOTech »), has developed and publishes a software solution called « Eternity Healthcare Assistant » (the « Solution »), which allows the digitization and aggregation of measurements recorded by non-connected medical devices.

The Solution is not a medical device within the meaning of Regulation (EU) 2017/745 and is not intended to provide any medical advice and/or perform any medical act (diagnosis, treatment, prevention, monitoring, etc.). The Solution is a digitization tool; it does not provide any interpretation of the recorded measurements and merely transcribes and/or aggregates them. The Solution in no way replaces, nor should it be used as a substitute for, the opinion of a healthcare professional. The Solution must not be used in emergency situations.

These general terms of use (hereinafter the « Terms ») are intended to define the terms and conditions of access to and use of the Solution by its users (hereinafter the « Users »).

ARTICLE 1. Definitions

All terms in the Terms that begin with a capital letter, if not defined herein, shall have the meaning assigned to them in the Agreement.

  • Client: means any professional, natural or legal person, registered with the trade and companies register or any equivalent commercial register, who is a client of Deep IOTech (and of which the User is a member (partner, employee, contractor, member, etc.)), in accordance with the contract that binds them (the « Agreement »).

  • Datameans all information, data, or content, which may include personal data, uploaded, integrated, collected, generated, and/or otherwise processed by the User through the Solution.

  • Personal Data: means, within the meaning of the applicable personal data protection regulations, any information that allows the direct or indirect identification of a natural person.

  • Solution: means the software application Eternity Healthcare Assistant, available for download on the App Store and Google Play, which allows the digitization of data displayed on non-connected medical devices or their manual entry, as well as their aggregation.

  • Applicable personal data protection regulations: means any international or national regulations applicable to the protection of personal data, in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, also known as the 'General Data Protection Regulation' (GDPR)."

  • User: means the natural person who has access to the Solution and creates an account, regardless of their location or the manner of access.

ARTICLE 2. DESCRIPTION OF THE SOLUTION

The Solution provided by Deep IOTech is a mobile application that allows (i) the digitization of measurements from non-connected medical devices measuring vital parameters, (ii) the manual entry of such measurements, and (iii) the aggregation of these measurements into reports without any analysis.

The Solution is not a medical device within the meaning of Regulation (EU) 2017/745 and is not intended to provide any medical advice and/or perform any medical act (diagnosis, prevention, monitoring, treatment, etc.). The Solution is a digitization tool: it does not provide any interpretation of the recorded measurements and merely compiles and/or transcribes them. The Solution in no way replaces, nor should it be used as a substitute for, the opinion of a healthcare professional. The Solution must not be used in emergency situations.

ARTICLE 3. ACCEPTANCE OF THE TERMS OF USE

The Terms of Use constitute an agreement between the User and Deep IOTech. Access to and use of the Solution are subject to the User’s express and unconditional acceptance of the Terms of Use. Failure to accept the Terms of Use will result in the User being unable to access or use the Solution.

Such acceptance occurs when creating an account on the Solution. The User is invited to click on the hyperlink referring to the Terms of Use, read them, and, if they accept them, tick the box provided for this purpose. By doing so, the User acknowledges having read the Terms of Use, having understood them, and fully accepting all of their provisions without restriction or reservation. If the User does not accept the Terms of Use, they will not be able to access the Solution.

Deep IOTech reserves the right to modify and/or update the Terms of Use at any time without prior notice. The User will be informed of such modifications upon their next connection to the Solution. Access to and use of the Solution shall be subject to the Terms of Use in force at the time of such access and use.

In the event that any provision of the Terms of Use is found to be null and void due to a change in legislation or regulation, or is declared as such by a final court decision, this shall in no way affect the validity or enforceability of the remaining provisions of the Terms of Use.

ARTICLE 4. TERMS OF ACCESS TO THE SOLUTION

4.1.Technical Requirements

The User acknowledges having the equipment, software, and internet connection necessary to use the Solution and undertakes to maintain them throughout the period of use. Any costs related to access to or use of the Solution, whether for hardware, software, or internet access, shall not be borne by Deep IOTech.

4.2.Obtaining a Right of Access and Use

Access to the Solution is exclusively reserved for natural persons, whether they are professionals or consumers, who have obtained a right of access and use from (i) a Client of Deep IOTech, or (ii) directly from Deep IOTech.

The methods for activating the rights of access and use (QR code, license key, secure link, etc.) are defined by Deep IOTech and communicated to the User at the time of purchase of their access and usage rights or upon their provision by the Client.

A free version is available to anyone downloading the application. This version allows the User, for a fixed period communicated at the time of obtaining this version, to benefit from limited features. At the end of the trial period, the User may subscribe to new rights of access and use or delete their account.

4.3.Creation of a User Account

4.3.1.General Provisions

Access to the Solution requires the creation of an account. To do so, the User must have a valid email address.

The User is invited to follow the account creation procedure available on the Solution and to provide the requested information in the designated form, including creating their personal password.

Upon submission of the form, the User will receive at the provided email address a one-time code to verify the validity of the email address and activate their User account.

The User will then receive, at the same address, confirmation of the creation of their account.

The User agrees to provide and maintain accurate, up-to-date, and complete information about themselves. Under no circumstances shall Deep IOTech be held liable for any delay or inability to provide the Solution due to incorrect or incomplete information provided by the User during the account creation process.

Deep IOTech recommends that the User keep the account creation notification email and remember their password.

4.3.2.Profile Creation

From their account, the User may create profiles, within the limits of the plan they have, in order to distinguish the origin and/or purpose of the Data they process through the Solution. The creation of profiles does not grant any additional rights of access or use. The User remains the sole holder of the account and is solely responsible for its proper management.

The User is informed that any identification of profiles through the use of Personal Data is prohibited.

4.4.Confidentiality of Authentication Credentials

The methods for activating access and usage rights, as well as the User’s login password, are strictly personal and confidential. The User must keep these authentication credentials secure and undertakes not to disclose them to any third party for any reason, in any manner, or in any form.

Under no circumstances shall Deep IOTech be held liable for the loss, theft, or forgetting of the User’s authentication credentials, or for their fraudulent use. The User is solely responsible for access to and use of the Solution with their authentication credentials.

The User may change their email address or password at any time from their account by following the associated path. In the event of loss, forgetting, or theft of their password, the User must change it by following the dedicated path within the Solution.

ARTICLE 5. SOLUTION USAGE

5.1.Proper Use of the Solution

The User undertakes to use the Solution in accordance with the Terms of Use, respecting the instructions provided by Deep IOTech, as well as applicable international, European, and national laws and regulations in France.

The User is prohibited from providing and/or transmitting Personal Data, in particular in profile identification or in fields allowing free entry of information within the Solution.

The User acknowledges that the reliability of the Solution depends on the quality of the Data they upload to the Solution. Accordingly, they guarantee the quality, accuracy, and security of such Data.

The User also undertakes to verify the compliance of the Data generated by the Solution, including each digitized measurement.

5.2.Data storage

By default, the Data (including measurements, reports, and questionnaire responses) is stored locally on the User’s device.

By way of exception, several types of Data must or may be processed or hosted on servers provided to Deep IOTech by its hosting service provider (which holds a 'Health Data Hosting' certification and undertakes to store a copy of the Data on French territory):

  • For the purposes of using the Solution: a copy of the photo taken during a digitization request is temporarily processed in pseudonymized form on Deep IOTech servers and is only retained for the time necessary to generate the result. Once the result is generated, the photo is either deleted or anonymized;
  • To (i) allow the recovery of unexpired access and usage rights and (ii) track the consumption of free trial periods: the email address used for authentication is stored;
  • Optionally, the User, or the Client where applicable, may request cloud storage of a copy of the Data.

Only the User who has opted for cloud storage may request an export of the stored copy, under normal market conditions. Deep IOTech reserves the right to provide an additional quotation for the export of a copy of Data that is excessively large or manifestly unfounded or excessive.

5.3.Prohibited Conduct

It is strictly prohibited to use the Solution for the following purposes:

  • Engaging in illegal, fraudulent activities or actions that infringe on the rights or safety of third parties;
  • Undermining public order or violating applicable laws and regulations;
  • Assisting or inciting, in any form or manner, one or more of the acts and activities described above;
  • And, more generally, any practice that misuses the Solution for purposes other than those for which it was designed.

Deep IOTech may suspend any access and, where applicable, terminate the User’s access to the Solution in the event of non-compliance with this article, without prejudice to any damages it may claim.

5.4.Technical Support

During the period of use of the Solution, Deep IOTech will provide assistance to the User regarding the use, configuration, and operation of the Solution. This technical support is available through the means indicated within the Solution. Deep IOTech will make its best efforts to respond to the User’s request as quickly as possible, without guaranteeing a definitive resolution.

5.5.Solution Maintenance

Deep IOTech provides corrective maintenance of the Solution, where applicable, under the conditions defined in the Contract concluded with the Client.

In the event of an anomaly discovered by a User while using the Solution, they must promptly notify Deep IOTech through the means indicated within the Solution. For the anomaly to be addressed, it must be described by the User in a precise and documented manner.

Deep IOTech will then make its best efforts to address and/or correct the anomaly, where applicable within the timeframes agreed with the Client in the contract, with minimal disruption to the User’s use of the Solution.

Without prejudice to any other provision of the Contract, Deep IOTech shall be fully released from any obligation and liability regarding maintenance in the event that the anomaly results from misuse of the Solution or use that is not in accordance with the provisions of the Terms of Use, from an intervention by the User or a third party on the Solution not previously authorized in writing by Deep IOTech, or from software not provided by Deep IOTech.

ARTICLE 6. ACCOUNT AND DATA DELETION

The User may, at any time and by following the dedicated path within the Solution, request the deletion of (i) their account, (ii) Data saved locally on their device, and/or (iii) the cloud copy if they have opted for it. Upon receiving the deletion request, Deep IOTech has a period of thirty (30) days to carry it out, without prejudice to the provisions of these Terms.

If the User deletes the mobile application from their device, this will automatically result in the deletion of their account and Data saved locally. However, the cloud copy of the Data, if applicable, and the email address used during account creation will be retained until the expiration of access and usage rights.

ARTICLE 7. LIABILITIES AND WARRANTIES

Deep IOTech makes its best efforts to ensure access to and use of the Solution, as well as to secure the servers and databases stored in the cloud. However, it is not responsible for the protection of Data saved locally on Users’ devices.

Access to and use of the Solution, the entry of Data, and its local storage are the sole responsibility of the User, including when using Data reports generated within the Solution.

The User must ensure that their Data is free of viruses and acknowledges that a security breach may harm the interests of Deep IOTech, which may be entitled to compensation in the event of damage.

Deep IOTech offers no express or implied warranties regarding the continuity, performance, or suitability of the Solution, which is provided 'as is,' including with respect to the accuracy of the Data generated. Use of the Solution implies understanding and acceptance of the risks inherent to artificial intelligence and the internet, including hallucinations, approximations, interruptions, data loss, and contamination by viruses.

The User acknowledges having received the necessary information to assess the suitability of the Solution for their needs. Deep IOTech cannot be held liable for any damages resulting from misuse or failure to comply with the Terms of Use, nor in the event of force majeure.

Deep IOTech remains free to modify the Solution, including adding and/or removing features, where applicable according to the terms agreed with the Client.

ARTICLE 8. INTELLECTUAL PROPERTY

The Solution, including its AI model, architecture, databases, features, and content, as well as all related distinctive signs (names, trademarks, and/or logos), are protected by intellectual property rights (including, without limitation, all copyrights, patent rights, trademarks, database producer rights, and all other existing or future intellectual property rights, both French and international) and belong to Deep IOTech or to third parties who have authorized Deep IOTech to use them.

Use of the Solution does not in any way grant the User ownership rights or intellectual property rights over the aforementioned elements, except for a personal, non-exclusive right of access, limited solely to the use of the Solution in accordance with its purpose and objectives and in compliance with the Terms of Use.

Except for normal use as intended by the Solution, it is strictly prohibited to reproduce, copy, and/or exploit the Solution or its content, in whole or in part, by any means or in any form, without the prior written consent of Deep IOTech. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute, or transfer all or part of the Solution, create derivative works from it, authorize a third party to perform such acts, or enable them to do so, without the prior written consent of Deep IOTech.

Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of Deep IOTech and/or the granting third parties and may result in civil and criminal proceedings.

In compliance with the applicable regulations on the protection of Personal Data and the respect of Data confidentiality, Deep IOTech has the right to use the Data, excluding any directly identifiable Personal Data, for the purposes of (i) providing support and maintenance for the Solution; (ii) improving the performance and features of the Solution; (iii) feeding and training its AI model; and/or (iv) statistical purposes.

ARTICLE 9. PERSONAL DATA PROTECTION

9.1.User’s Personal Data

The User acknowledges and agrees that the Personal Data concerning them, collected by Deep IOTech in the context of performing the Contract, are necessary for creating their Account, accessing and using the Solution, as well as for responding to their requests related to the Solution and providing support and maintenance. This information is strictly confidential and intended exclusively for Deep IOTech.

The User is also informed that, for technical, maintenance, and diagnostic purposes, their login data for the Solution may be logged, recorded, and timestamped.

Deep IOTech undertakes to take all necessary precautions, considering the nature of the User’s Personal Data and the risks involved in its processing, to preserve its security and confidentiality, and in particular to prevent the destruction, loss, alteration, disclosure, or unauthorized access to such data.

The User’s Personal Data will be retained for the duration of the Contract or the validity of the access and usage rights. They will then be archived in a secure environment, in compliance with the requirements of the applicable Personal Data protection regulations, for the legally required period for evidentiary purposes to establish, exercise, or defend a legal right.

9.2.User Rights over Their Personal Data

The User has the following rights regarding their Personal Data:

  • Right of access: to obtain confirmation of the processing of their Personal Data as well as certain information regarding such processing;
  • Right to rectification: to obtain the correction of their Personal Data when it is inaccurate or incomplete;
  • Right to erasure: under the conditions set out in Article 17 of the GDPR, to obtain the erasure of their Personal Data when it is no longer necessary for the purposes for which it was collected, or when the User objects to the processing of their Personal Data;
  • Right to restriction of processing: to obtain the restriction of processing of their Personal Data when the Client or the User contests the accuracy of the data, when the retention period for the Personal Data has expired but the User still needs to retain such Personal Data for the establishment, exercise, or defense of a legal right, or if the User has objected to the processing;
  • Right to data portability: to obtain the communication of the Personal Data that the User has provided to Deep IOTech in a structured, commonly used, and machine-readable format, or to request that Deep IOTech transmit the Personal Data provided by the User to another data controller;
  • Right to object: under the conditions of Article 21 of the GDPR, to object at any time, for reasons relating to their personal situation, to the processing of their Personal Data, in particular when such objection concerns marketing, including profiling;
  • Withdrawal of consent: to withdraw their consent for the future processing of their Personal Data by Deep IOTech, when the processing is based on consent;
  • Right to lodge a complaint: to lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés, “CNIL”) if they consider that the processing carried out by Deep IOTech constitutes a violation of their Personal Data. The CNIL can be contacted via an online form available here: https://www.cnil.fr/webform/nous-contacter

The User acknowledges that by exercising their right to object to the processing of their Personal Data, or their right to have it erased, they risk automatic and immediate closure of their account, in the event that Deep IOTech can no longer continue to interact with them. Likewise, they acknowledge that Deep IOTech can only implement these rights to the extent of the Personal Data it hosts as part of the ‘cloud’ copy.

The User may exercise their rights at any time with Deep IOTech by email sent to the following address:rgpd@deepiotech.io. They will be asked to provide an identity document to verify their identity.

9.3.Personal Data processed by the User in the context of using the Solution

In the context of using the Solution, the User may process Data, which may include Personal Data.

As such, they undertake to always comply with the applicable Personal Data protection regulations, and in particular to limit the processing of Personal Data to what is strictly necessary for the use of the Solution.

When using the Solution for the benefit of third parties, the User undertakes to inform them about the processing of their Personal Data within the Solution and warrants that they have obtained their consent in this regard.

ARTICLE 10. DURATION, SUSPENSION, AND TERMINATION

The Terms of Use come into effect upon their acceptance by the User and remain in force for the entire duration of the User’s access to and use of the Solution.

In the event that the User uses the Solution in a manner not compliant with the Terms of Use, in case of a breach by the User of the Terms of Use and/or a breach by the Client of the applicable general terms of sale for the Solution, and more generally in the event of a violation of applicable laws and regulations, Deep IOTech may suspend or terminate, as of right, without prior notice, formal notice, or compensation, all or part of the User’s access to the Solution. Deep IOTech may enforce such suspension or termination without prejudice to any other rights, actions, or remedies it may have to seek redress for any harm suffered as a result of these breaches.

At the end of the Terms of Use, for any reason whatsoever, the User account will be deactivated immediately and automatically.

Reversibility services may be provided by Deep IOTech at the end of the Contract. The User is invited to contact the Client to learn about the applicable procedures.

The User’s Personal Data stored by Deep IOTech (cloud backup, if applicable, and the User’s email address) may be archived in a secure environment compliant with the requirements of the applicable Personal Data protection regulations, for the statutory retention period, for the purposes of evidence in establishing, exercising, or defending a legal right, and for the duration required for these purposes.

ARTICLE 11. APPLICABLE LAW AND COMPETENT JURISDICTION

The Terms of Use shall be executed and interpreted in accordance with French law.

Reference is made to the Contract regarding the dispute resolution rules agreed between the Client and Deep IOTech. In the absence of a Contract, the competent courts shall be those of the location of Deep IOTech’s registered office.