GENERAL TERMS OF USE FOR THE KOLIBREE APPLICATION

Last update: March 27, 2017

Welcome to www.Kolibree.com. The site offered by KOLIBREE SAS, a company whose registered office is located at 36 rue de Turin 75008 Paris, FRANCE.

PLEASE CAREFULLY READ THE FOLLOWING GENERAL TERMS OF USE THAT GOVERN YOUR USE OF THE KOLIBREE APPLICATION.

1. Who are We?

The Kolibree application is published by the French company KOLIBREE, SAS, with a capital of 65.294 euros, whose registered office is located 1, rue Garnier - 92200 Neuilly sur Seine, France, registered under the company number 800 170 701 RCS.
Telephone: +33 1 47 38 73 90 / Email: contact@kolibree.com.
The director of the publication is Thomas Serval, President.

2. Definitions

Account refers to the account created by an Account Manager, which allows him or her, as well as any other Users using the Application under his or her supervision, to use the services provided by the Application and to connect to the Kolibree Platform.

Account Manager refers to the User which has created an Account.

Application refers to the Kolibree application which gathers and analyses Data in connection with the Kolibree Platform.

Data refers to the User data gathered by Kolibree via the Kolibree Toothbrush, and the Kolibree Platform and which are re-transcribed in the form of a table and/or a chart available on the Application. Data includes Personal Data.

General Terms of Use or GTU refers to the present terms and conditions of use, to which the User must fully agree in order to use the Application.

Kolibree, We and Our refers to the company Kolibree SAS, designer and publisher of the Application, identified in the above paragraph “Who are We?”.

Kolibree Platform refers to the platform developed by Kolibree that is connected to the Kolibree Toothbrush, allowing Users to track their Data.

Kolibree Toothbrush refers to the toothbrush connected, via the Kolibree Platform, to the Application. The Kolibree Toothbrush is protected by a patent.

Personal Data refers to User Data of a personal nature allowing them, directly or indirectly, to be identified in accordance with the French legal act 78-17, of January 6, 1978, modified on August 6, 2004. It includes information that You voluntarily give us or that we collect from You when You use the Application or that You provide us via email or other communications with us.

Profile refers to the Users that have been filling out Personal Data in order to use the Kolibree Toothbrush.

User, Your and You refers to any user of the Application under an Account, including the Account Manager.

3. Acceptance, modification and non-compliance with the GTU

3.1 Acceptance of the GTU

The Account Manager’s express acceptance of the GTU is an obligatory condition in order for him or her, and any other Users to use all or part of the Application. The Account Manager must carefully read the GTU and confirm his or her, and any User’s acting under his/her supervision, acceptance to all the clauses by ticking the provided box before the installation of the Application on his or her mobile equipment. The acceptance of the GTU by an Account Manager indicates the acceptance by all Users of the Account. If the Account Manager or any User of the Account does not accept any of the clauses, the Account Manager, and any Users under his or her supervision must not install or use the Application.

3.2 Modification of the GTU

We reserve the right, at any time and at Our own discretion, to change, modify, complete or delete certain provisions in the GTU. You will be informed of these modifications by any means which we deem appropriate (for example by email or pop-up window). Any use of the Application further to any change of the GTU constitutes an acceptance of these changes. If You do not accept any modification, You must immediately cease all usage of the Application. The GTU can be consulted at any time on the Application. We recommend You to keep a copy of the GTU by downloading and/or printing them.

3.2 Modification of the GTU

We reserve the right, at any time and at Our own discretion, to change, modify, complete or delete certain provisions in the GTU. You will be informed of these modifications by any means which we deem appropriate (for example by email or pop-up window). Any use of the Application further to any change of the GTU constitutes an acceptance of these changes. If You do not accept any modification, You must immediately cease all usage of the Application. The GTU can be consulted at any time on the Application. We recommend You to keep a copy of the GTU by downloading and/or printing them.

3.3 Compliance with the GTU – Account Closure

- Closure of an Account by You
Your Account can be closed by the Account Manager’s own initiative, directly on the Application (“Settings”, “Account”, “Delete my Account”).
You may withdraw Your permission for the Application to access the Data.
- Closure of an Account by Us
If You do not comply with the GTU, We will reserve the right, at any time, to immediately deactivate, as per our rights, Your password, Your Account and all access to the Application.
Any Account that is inactive for a continual 12-month period may be definitively closed by our rights after two warning emails remained silent.
- Consequences of the closure of Your Account
In the event that Your Account is closed, for any reason whatsoever, all Data that appears on Your Account, including Personal Data, will be deleted from Your Account. We are not liable to You or any third party for any eventual damage that may result from the closure of Your Account in the event of non-compliance with the GTU and/or the closure requested by You.

4. Creating and using Your Account

In order to use the Application, (i) the Account Manager will be asked to create an Account by completing the relevant online form and agree to the GTU; (ii) You shall comply to the GTU throughout the period during which You use the Application. The Account Manager shall cause all Users under his or her supervision to comply with all obligations of the GTU.
You certify on Your honour that the information You give is accurate, up-to-date, complete and truthful.
You are the custodian of Your Account, and you are solely responsible for all actions taken on and/or emanating from Your Account.
In this respect, You agree to immediately inform Us at Support if You find or believe that Your Account has been used for dishonest reasons or if You find or believe that there has been a security breach, notably a theft or an unauthorized sharing of Your password or that of another User. If not, any actions undertaken on the Application by Your Account will be deemed to have been undertaken by You.
Finally, the Data that You agree to share is sensitive material, and it is Your responsibility to ensure its integrity, its confidentiality and its security.

5. Use of the Application

The Application is available for individuals aged 5 years or older. However if You are 5 or older but under the age of 18, You shall review this GTU with Your parent or legal guardian to make sure that You and Your parent or guardian understand, and fully agree to it. Minors are not authorized to use the Application without an adult supervision, and parents and guardians are solely responsible for the use of the Application by their child(ren). If You have reason to believe that a child under the age of 18 has provided Personal Data to Kolibree without an adult agreement, please contact Us at Support, and We will make every effort to delete that information from our databases.
Full use of the Application requires compatible Kolibree Toothbrush, a compatible mobile device and Internet access.
Kolibree may need to perform maintenance operations to administer, rectify or modify the Application or to prevent any malfunctions. The Application may not be available during maintenance operations.
You are responsible for information, messages and, in general, any content distributed via the Application, or the information You share, including Data, with the Kolibree registered users’ community via the Kolibree Platform. You accept that Kolibree may eliminate, in whole or in part, any content distributed through the Application if this content is likely to infringe laws, regulations, public decency or rights of third parties.
You agree that You will not, nor cause any other third-party to (a) modify, alter, copy, decompile, disassemble or reverse engineer, Kolibree’s intellectual property such as software, technology, including the Kolibree Platform and the Application; (b) sublicense, sell, resell, rent or lease any of Kolibree’s intellectual property, including the Kolibree Platform and the Application, to third parties; (c) otherwise violate the right to use the Application hereby granted; (d) use the Application to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Application or third-party content or Data contained therein; (f) attempt to gain unauthorized access to the Application; (g) use the Application or permit, enable or assist a third party to create competing products or services; (h) delete or alter any brand, slogan, copyright, property or confidentiality notice, symbol, etc. on the Kolibree Platform.

6. Protection of Personal Data

Kolibree will collect and process Your Personal Data including Your location Data in order to manage Your Account, offer the services available on the Application, for research and development purposes, and to improve the Kolibree Toothbrush and the Application, for the duration of our business relations.
In this respect, We may transmit, for the aforementioned purposes, Your Personal Data to our partners (universities, research organisations), subcontractors and service providers who intervene as part of their customary duties. Kolibree reserves the right to use or disclose Personal Data and any other information we collect in connection with the Application (a) to any successor to Kolibree’s business, including as a result of any merger, acquisition, asset sale or similar transaction, (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or legal process, and (c) if in Kolibree’s reasonable discretion, such use or disclosure is necessary to enforce or protect Kolibree’s legal rights or to protect third parties.
We may transmit Your Personal Data beyond the confines of the European Union and, if so, will take all necessary measures to secure said transfer in accordance with applicable law.
You retain the right to access, rectify or delete all of Your Personal Data. You can also, for legitimate reason, oppose the transfer of Your Personal Data. These rights can be applied, at any time, by sending a request (accompanied with proof of Your identity) to the following department: Kolibree SAS, 1, rue Garnier - 92200 Neuilly Sur Seine, France; or by email to: privacy@kolibree.com. We will then promptly modify or delete Your Personal Data.
Kolibree does not sell or rent Personal Data, and We will not disclose any of Your Personal Data to any third party for marketing purposes.
We may send You administrative and/or promotional emails. If You wish to opt in for promotional emails, You may tick the “subscribe” box. If You then wish to opt out of promotional emails, You may do so, at any time, by following the “unsubscribe” instructions in any promotional email.
We will also use Personal Data to create aggregated data for analytical purposes. This aggregated data does not contain personally identifiable information and is only used to understand our customer base and to better serve our market. This data may also be used by our service providers, partners, or affiliates for the same purposes. We may disclose non-directly identifiable and aggregated information to third parties such as potential business partners, merchants, advertisers, and funding sources, in order to describe our business and operations.

7. Warranty

The Application and its content are provided ‘as is’.Therefore, You agree to use the Application and its content at Your own risk.
We will make commercially reasonable efforts to:

  • provide You with an Application that is secure and of a quality standard
  • provide You with reliable information and Data
  • resolve in the briefest possible delay, any technical problems that may arise

We however do NOT guarantee:

  • the reliability and suitability of the Application
  • the effectiveness, suitability or reliability of communicated information (including Data)
  • that the Application will work without interruption or that it will be free of errors, viruses or other harmful components
  • outcomes resulting from Your use of the Application
  • that the information available on the Application is comprehensive or exhaustive, and that it does address different symptoms, medicines, and treatments for various oral diseases
  • any outcome as a result of the application of this information, particularly regarding cavities and gum diseases, also in health and wellbeing

8. Liability

In no event will Kolibree, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive or consequential damages (including without limitation, loss of use, loss of Data, loss of business or loss of profits), arising out of or in relation with this GTU or the Application, whether or not Kolibree has been advised of a possibility of such damages. Kolibree shall not be liable for any acts or omissions of any third parties, of any User or of any other users under its surveillance and responsibility. In the event that applicable law does not allow exclusions of liability as set forth above, this provision will be deemed modified solely to the extent necessary to comply with applicable law.

The parties shall not be liable for any delay or failure in the performance of the Application or for loss or damage of any nature whatsoever, due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire, strike, unavailability of energy sources or any other causes beyond the party’s reasonable control. The Application may also provide information on oral hygiene, oral care, well-being, etc. Such information cannot constitute a professional medical diagnosis of Your oral hygiene, and overall health. The information provided in Kolibree literature (in coaching programs, the Application content, and other online information) does not replace a consultation with a dentist, a general physician, specialist, etc. (a “health professional”). You cannot use the information available on the Application to diagnose or to determine the initiation or termination of medication, without first consulting a health professional.

9. Intellectual Property

Kolibree exclusively owns and shall retain all rights in and to its software including the Application and the Kolibree Platform. The User acknowledges and agrees that its rights in and to the Application and/or its contents and/or the Kolibree Platform are solely as described in these GTU, and do not include any rights of ownership in any of Kolibree’s Application and/or its contents and/or the Kolibree Platform.

9.1 Copyright/Droit d’auteur

The Application is considered, in its entirety, to be an original work protected by copyright law/droit d’auteur. This includes original works such as the software, source code, texts, tables, graphic images, photographs, etc. as well as any charter.
You are granted by Us a limited, non-exclusive and non-transferable right to use the Application. This right is granted on the condition that You abide by all the conditions in the GTU. All other use of the Application and/or its contents for other means, including commercial purposes, is strictly forbidden.
Furthermore, it is forbidden to copy, reproduce, diffuse, modify, create derivative works from or exploit, in any way whatsoever, all or part of these protected works without Our express, prior, written authorization. Any reproduction, in whole or part, of these protected works, without the express, prior written authorization of Kolibree constitutes an act of counterfeit sanctioned by articles L.335-2 and subsequent articles of French intellectual property laws.

9.2 Database

The database created and developed by Kolibree is protected by copyright/droit d’auteur as well as the sui generis right as set out in articles L.341-1 and subsequent articles of French intellectual property laws.
Any use or extraction of the whole or qualitatively or quantitatively substantial part of the contents of the database is forbidden and sanctioned by articles L.343-4 and subsequent articles of French intellectual property laws.

9.3 Brand names

Brand names that appear on the Application are protected brands that belong to Us or for which we have licences for exploitation. Any reproduction, in whole or in part, of brand names and/or logos appearing on the Application without the express, prior, written authorization of Kolibree constitutes an act of counterfeit sanctioned by articles L.713-2 and subsequent articles of French intellectual property laws.

10. Miscellaneous

10.1 Applicable law and jurisdiction

The GTU are governed and construed in accordance with French law. Any action arising or resulting from the GTU and/or Your use of the Application will be carried out before a competent French court.

10.2 Partial non-validity

If any provision of the GTU is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.

10.3 Non-waiver

The GTU shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. A party’s failure to insist upon strict performance of any of the provisions contained in these GTU shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by the party of any other provisions of prior, concurrent or subsequent default by the party in the performance of or compliance with any of the GTU.

10.4 Assignment

Kolibree may assign its rights and obligations arising out of the GTU to any third-party. The GTU will protect Our successors, assignees and licensees.