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Terms and Conditions

These terms of use (hereinafter the “Terms”) govern your use of the websites, subdomains, products, and services Persona Care or it’s affiliates, including, without limitation, the use of www.persona-care.com, any other Persona Care websites, and any mobile applications made available to you by Persona Care. Persona Care owns all right, title and interest in and to our Services, including all intellectual property rights, and any suggestions, ideas or other feedback provided by you to us relating to our Services.

 

Persona Care provides services through a digital platform which are intended solely for wellbeing, lifestyle optimisation, and general health-support purposes.
Our assessments, system scores, focus areas, and recommendations:

  • do not constitute medical advice

  • do not diagnose, treat, or cure any medical condition

  • should not be used as a substitute for medical evaluation

  • are not a medical device or medical service
     

Users (hereinafter the "User") should consult their GP or healthcare provider for concerns regarding illness, diagnoses, medication, or clinical investigation.

 

The purpose of these terms of use (hereinafter the "Terms") is to define the conditions of use of the "Persona Care" digital platform accessible via a digital application and a website, intended to be offered by companies to their employees to provide them with functional health and wellness support and improve their daily lives (hereinafter the "Platform") and to govern the relationship between the Platform publisher and its user.

 

Installation and use of the Platform by any user implies acceptance of the Terms and is therefore governed by them.

1. Identification

Persona, whose registered office is located at 6, Avenue du Général Balfourier, 75016 Paris, and operating under the name “Persona Care” (hereinafter referred to as the “Publisher” or “Persona Care”), is the contracting party of the User under these Terms of Use.

The User may contact the Publisher by email at: care@persona-care.com

The Publisher develops, operates, and markets the Platform, using available technologies, in particular a computer or mobile device. The Persona Care application is available for download on the Play Store and the App Store.

The operation of the Platform and the functionalities offered are described in these Terms of Use as well as in the user guide, accessible via the application.

2. Purpose of the Platform

These Terms of Use are intended to define the conditions of access to and use of the Platform and the Services. The Terms of Use must be complied with by every User.

The Platform is designed to be offered by Persona Care partners (“Companies”) to their employees and members, in order to contribute to their global well-being. The tools offered are as follows:

  • The Platform consists of a set of tools and functions that help to improve the User's well-being by enabling them to self-assess and monitor their state of well-being, lifestyle optimisation and to seek to improve it through personalized care with a health care professional and personal development programs.

  • In addition, the Platform enables the User to book Sessions with trained health care professionals (hereinafter the "Practitioners"), remotely via the tools offered by the Platform (video session, audio session, messaging) on a specific date and at a specific time.

3. Duration of these Terms

These Terms enter in effect as soon as the User has checked the box “I have read and accept the Terms” (or any equivalent wording).

The Terms are then entered into for an indefinite period, i.e., for as long as the User maintains an account. The User may delete their account at any time from their User Area.

4. Access to the Platform

4.1. To be able to use the Platform, the User must be a natural person, eighteen (18) years old or of legal age in his/her country of residence, with full legal capacity.

4.2. Use and, where applicable, installation of the Platform requires the User to :

  • Have a computer with internet access or a mobile device with a recent iOS or Android operating system and internet access,

  • Access the Persona Care website or download the Platform from the download platform or from the link provided by email at the time of the invitation,

  • Accept the Terms: by checking the box “I acknowledge that I have read and hereby accept the Terms” (or any equivalent wording), the User accepts the Terms, warrants that they have the legal capacity to accept them, and undertakes to comply with them,

  • Review the Privacy Policy,

  • Create a personal account, in particular by entering a unique identification code received by email.

5. User Space

5.1. The User must create a personal account in order to make optimum use of the Platform (hereinafter the "User Space").

5.2. Access to the User Space is systematically subject to the User's login and password. These are strictly personal and it is the User's responsibility to take all steps to ensure their confidentiality. Any access to and use of the Platform using the User's identifier and password are deemed to have been made by the User. 

5.4. Failure to complete the collection forms will prevent the User from registering. 

5.5. The User can delete his/her User Space at any time, by simple request to the Publisher. Such deletion is permanent. 

5.6. The Publisher reserves the right to delete the User Space without notice in the event of a breach of the Terms by the User, without the User being entitled to claim payment of any compensation whatsoever. The Publisher may exercise this right without prejudice to its right to claim damages for any loss suffered as a result of the User's breach of the Terms.

6. Subscription

6.1. Certain tools and functionalities of the Platform are not accessible to all Users and are reserved for Beneficiaries of the Companies that have taken out a subscription with the Publisher (hereinafter the "Subscription"). They are offered under the conditions governing this Subscription.

 

6.2. Access to the Tools offered on the Platform is within the limits of the Subscription taken out by the Company. Access to the Tools is only possible for the duration of the Subscription:

  • The User may access the Tools offered on the Platform throughout the duration of the Subscription.

  • If the Subscription is terminated, the User may continue to use the Platform, including the User Space, but may no longer access the Tools offered on the Platform. Where applicable, only the content offered free of charge remains accessible to the User.

7. Acceptance of the Terms

7.1. Any User wishing to use the Platform must read and accept the Terms.

7.2. By ticking the "I acknowledge having read and hereby accept the General Terms of Use" box, the User acknowledges that they adhere to, comply with and accept the content of these Terms. 

7.3. The Publisher reserves the right to modify and update the Terms at any time and without prior notice, it being understood that the applicable Terms are those in force at the time of acceptance. Where applicable, the User will be informed of any changes to the Terms. They are invited to read and accept the new version of the Terms.

7.4 Data Processing, Wellness Insights & Optional Pilot Study Participation

7.4.1 The User is requested consent to the processing of the questionnaire responses for the purpose of:

  • generating system-level wellbeing scores

  • identifying functional lifestyle patterns

  • delivering non-medical recommendations

  • supporting behaviour-change and wellbeing insights

The User’s responses will only be used for wellness analysis and service improvements, never for medical diagnosis.

7.4.2 Some questionnaire responses may indirectly reveal elements related to health (e.g., sleep habits, energy, digestive comfort). Such data is processed only when the user gives explicit consent before viewing their wellness results. Without explicit consent, no personalised insights are shown.

7.4.3 Users may optionally consent to allow their data to be used in an internal pilot study aimed at evaluating the effectiveness of the platform.

  • Participation is completely optional

  • The data analysed will be anonymised or aggregated

  • Declining will not impact access to any services

  • Consent can be withdrawn at any time

  • Pilot study data is used for wellness product improvement only

Consent to participate in the pilot study is captured separately from acceptance of these Terms.

8. Services offered on the Platform

The Publisher provides Users with a number of services (“Services”), free of charge or subject to payment, depending on the Subscription subscribed to by the Company.

 

8.1. Persona Care Assessment 

8.1.1. The Platform includes a full body well-being self-assessment tool (hereinafter the “Whole-body Assessment”), consisting of a structured questionnaire enabling the User to evaluate their well-being at a given point in time, across several dimensions. This Assessment is based on frameworks established by research in multiple scientifically validated sciences. Its use is mandatory as part of the onboarding journey on the platform. 

 

8.1.2. Based on the User’s responses, the Whole-Body Assessment delivers a subjective, holistic evaluation of overall well-being and of the body’s different systems. It helps guide both the Practitioner and the User in developing a practical and actionable Wellness Care Plan. This plan then serves as the foundation for delivering tailored content aimed at improving well-being, such as personalized exercises, programs, and guidance. It does not constitute a medical device and cannot replace a consultation with a healthcare professional. The results of this self-assessment are not intended for medical use and shall not give rise to any liability of the Publisher in relation to their interpretation or any decisions made on their basis.

8.1.3. The Whole-body Assessment is available to all Users with a Subscription, and remains accessible for as long as the User Account is active, subject to compliance with these Terms of Use.

 

8.2. Digital Content

8.2.1. Our Services can also provide the user with education and self-care resources. The Platform offers a library of diverse digital content, including but not limited to videos, articles, thematic programs, and testimonials, designed to educate, raise awareness, provide information, and support the User in improving their physiological well-being (hereinafter the “Content”).

8.2.2. All the Content is reserved for Users whose Company has subscribed to an active Subscription that includes access to such Content. 

8.2.3. Access to the Content is strictly personal and limited to use in compliance with these Terms of Use. Any reproduction, distribution, or exploitation of the Content for non-personal purposes is prohibited without the Publisher’s prior authorization.

 

8.3. Connection with Practitioners

8.3.1. The Platform allows the User to book sessions with Practitioners (hereinafter the “Sessions”), remotely, as part of a matchmaking service. The Publisher’s liability is strictly limited to providing the technical and logistical connection; the Sessions are the sole responsibility of the Practitioners. 

 

8.3.2. Sessions are delivered by trained and qualified healthcare professionals, including nurses, pharmacists, nutritionists, and physiotherapists, or others. When a User books a Session with a Practitioner who is located in a country other than the User’s country of residence, the Practitioner may be covered by professional liability insurance but may not be registered with, recognized by, or authorized by the relevant professional regulatory body or professional order in the User’s country of residence. In such cases, the Session does not constitute the provision of regulated healthcare services in the User’s country of residence and is strictly limited to persona-centered guidance, personal development, and general well-being support. The Session does not replace, and should not be considered as, medical diagnosis, treatment, or regulated healthcare services.

 

8.3.3. Persona Care does not guarantee that Practitioners are authorized to practice in all of the Users’ countries of residence. Users are informed that it is the Practitioner’s sole responsibility to ensure that their practice and insurance coverage comply with the applicable requirements.

 

8.3.4. Access to the Practitioner connection service is part of the Subscription with the Publisher for a defined number of sessions, additional sessions are subject to additional payment. The User is informed, via the Platform and upon registration, of the number of sessions available and may use them to book Sessions without incurring extra charges. Additional Sessions are fee-based. 

 

8.3.5. The number of Sessions part of the Subscription are valid for the Subscription period. After this period, any unused sessions automatically expire and cannot be carried forward or refunded.

 

8.3.6. Where the Subscription does not include free Sessions, or where the number of free Sessions permitted under the Subscription has been exhausted, the User may purchase paid Sessions. The price of the Sessions is displayed on the Platform. Payment for and access to paid Sessions require acceptance of the General Terms of Sale (GTS), in addition to the Platform’s Terms of Use.

 

8.3.7. Sessions may be cancelled by Users. Any Session cancelled less than 24 hours before the scheduled time shall be deemed completed. In such cases, one session will be deducted, or a payment will remain due.

 

8.3.8. Similar to other networks of professionals, there is some turnover in our Practitioners network throughout the year. Practitioners may leave the network at any time for a variety of reasons, including voluntary withdrawal or refusal to comply with policies and procedures, and therefore may no longer be available to be available through our Services. If your Practitioner will no longer be in our network, our team can support you in exploring alternative options, including connecting you to an alternative Practitioner. 

 

8.3.9. To the extent permitted by applicable law, we make no representation, warranty, guarantee or condition as to whether you will find the Practitioner’s services relevant, useful, correct, satisfactory, or suitable to your needs, or that Practitioners’ skills, degrees, qualifications, licenses, certifications, credentials, competence or background will meet your needs.

 

8.4 Third-party links 

8.4.1 The Services may contain links to third-party websites and affiliated services (collectively, “Third-Party Links”). Where you encounter links to Third-Party Links, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Persona Care does not review, approve, endorse or make any promises with respect to Third-Party Links.

 

8.4.2 You use all Third-Party Links at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms.

 

8.4.3 Each user of the Services is solely responsible for any and all of its own User Content.

9. Financial conditions for services

9.1. Chargeable services

As provided in these Terms of Use, access to certain Services offered on the Platform requires that the Company has subscribed to a Subscription with the Publisher. This Subscription enables the activation, for designated Users, of specific features such as access to Learning programs, booking Sessions, or accessing reserved Content. Alternatively, certain paid Services may also be purchased directly by the User, in particular through the purchase of additional Sessions. In such cases, the User is required to pay the price displayed on the Platform (hereinafter the "Price").

Payment of the Price is made via a payment tool offered on the Platform.

Once the Price has been paid, the use of one or more chargeable service(s) does not give rise to any additional charges other than subscription charges with a telephone operator and Internet connection charges. 

10. Maintenance

10.1. The Publisher will use its best efforts to monitor and correct any bugs that may affect the Platform. 

10.2. The Publisher will use its best endeavors to maintain the Platform so that it is compatible with new versions of operating software.

10.3. This maintenance will be carried out by making available new versions of the Platform, which the User will be invited to download.

11. Liability of the Publisher

11.1. The Publisher accepts no liability for the suitability of the Platform for the needs of Users.

11.2. The Publisher shall not be liable for any consequences that may result from the interpretation of the results generated by the Platform and the use thereof by the User or any third party. 

11.3. The Publisher shall not be held liable for any direct or indirect damage that may result from accessing or using the Platform or the information and results contained therein, whatever their nature. The Publisher accepts no responsibility for the appropriateness of decisions or the way they are implemented taken by the User solely on the basis of information generated by the Platform and the services it offers. 

In particular: 

  • Under no circumstances shall the Publisher be liable for the consequences of the User's use of the Platform or of any content transmitted via the Platform (such as, for example, information, data and services provided by the Practitioners). Accordingly, the Publisher accepts no responsibility for the impact that such use will or may have on the physical and mental health and well-being of the User. Nor does the Publisher guarantee that use of the Platform will provide the User with a result that he or she would have hoped to obtain by using the Platform; 

  • The Platform is not a medical device. The data communicated via the Platform is not intended to be used for medical purposes. The analysis and self-assessment tools made available to Users are not a substitute for a medical consultation with a healthcare professional. For all practical purposes, the Publisher provides Users on the Platform with information enabling them to contact emergency medical services. Under no circumstances shall the Publisher be liable for any consequences that may arise from the use of content communicated via the Platform for medical purposes; 

  • The Publisher will use its best endeavors to offer content of the highest quality on the Platform, but does not guarantee and shall not under any circumstances be liable for the accuracy or conformity of the content with research data, i.e. information collected, produced and used by scientific research; 

  • It is expressly agreed between the Parties that the Publisher is in no way responsible for the Sessions offered by the Practitioners and the information they may have transmitted directly or indirectly (remotely or via the content offered on the Platform) and excludes all liability in this respect. In particular, the Publisher may not be held liable for the measures and recommendations relating to the organization and follow-up of Sessions, as these are not included in the services offered by the Publisher, as specified in article 7 hereof; 

  • In the event of any difficulty arising during a Session, the User may pursue any claims directly against the Practitioner concerned, to the exclusion of any recourse against the Publisher.

  • The Publisher shall not be held liable for any direct or indirect damage caused by the fault, failure or negligence of the Platform User; 

  • The Publisher shall not be held liable for temporary interruptions or limitations of access to certain Services of the Platform resulting from maintenance operations, updates, or technical malfunctions beyond its control.

  • It is expressly agreed between the Parties that Practitioners carry out their activity in complete autonomy and independence from the Publisher. Consequently, the Publisher cannot be held responsible for any event likely to occur between the User and the Practitioner during Sessions booked using the Platform.

11.4. The Publisher declines all liability in the event of damage suffered by the User, in particular because of the loss, deterioration or alteration of files, or the transmission of viruses that may infect his/her computer equipment or any other property in connection with the connection and/or the Session and/or the use of the Platform. It is the User's responsibility to take all appropriate measures to protect their data and equipment from contamination by viruses and attempts by third parties to gain access to their computer system via the Platform. 

11.5. The User acknowledges that data transmission on the Internet network is relatively reliable from a technical point of view and that the data itself is not protected against possible misappropriation. Under these conditions, the communication of passwords, login details or any other confidential data, and more generally, of any information of a sensitive nature, is carried out by the User under his/her sole responsibility.

11.6. The User acknowledges that the Publisher may not be held liable for the operating conditions of the Internet network that may affect access to or use of the Platform, and in particular problems of access, availability and throughput of the Internet network that may prevent access to the Platform or significantly slow down access to the Platform and affect response times for displaying, consulting, querying, or transferring data. 

11.7. The User acknowledges that he/she is solely responsible for his/her equipment being connected to the Internet and that, consequently, the Publisher is not liable for any damage that may occur during his/her connection. 

11.8. Consequently, in full knowledge of the foregoing, the User waives the Publisher's liability for one or more of the aforementioned facts or events.

11.9. In all cases, the User shall endeavor to minimize any damage, in its own interest as well as in that of the Publisher.

11.10. Notwithstanding the foregoing, the Publisher's commitments regarding the protection of personal data, as described in the Privacy Policy, remain in force.

12. Obligations and warranties of the User

12.1. The User undertakes: 

  • To use the Platform and the Services exclusively for the purposes for which they were designed, in a lawful manner, in accordance with the rules in force and these Terms, and in compliance with public policy and accepted standards of behavior;

  • To respect the image and reputation of the Publisher and not to harm its business in any way whatsoever;

  • Not to harm the interests of the Publisher, directly or indirectly, in any way whatsoever.

12.2. The Publisher reserves the right to withdraw the User's access to the Platform in the event of a breach of these Terms, without prejudice to any damages that may be claimed from the User.

12.3. The User indemnifies the Publisher, as well as all persons involved in the creation and development of the Platform, against all claims, liability, costs, and expenses arising from the breach of these Terms or in connection with the use of the Platform.

13. Restrictions

13.1. The Services offered on the Platform are and shall remain the exclusive property of the Publisher. The User is granted only a right of access to and use of the Services within the limits defined by these Terms of Use.

13.2. The User undertakes not to, and not to allow any third party to:

  • Use the Services or the data generated in violation of applicable laws and regulations, including those relating to data protection, health, safety, international trade, sanctions, or export controls;

  • Use the Services or the data generated in a manner that infringes upon the rights of third parties, including intellectual property rights, or with the intent to generate counterfeit, unlawful, or harmful content;

  • Transmit, through the Services, personal data relating to minors under fifteen (15) years of age or to any legally incapacitated person, without the express consent of their legal representative;

  • Carry out or attempt to carry out any form of reverse engineering, decompilation, extraction, translation, or reconstruction of the technical functioning of the Services, the algorithmic models, or the underlying systems;

  • Use the data generated by the Services, including in modified form, for the purpose of reverse engineering the systems of the Publisher or its partners;

  • Undermine the security, stability, or proper functioning of the Services, including by circumventing or disabling protection mechanisms, conducting penetration tests, or making any other unauthorized attempt at technical analysis;

  • Extract, copy, scrape, or systematically or automatically reuse all or part of the content accessible via the Services;

  • Buy, sell, rent, or transfer to third parties, whether for consideration or free of charge, access to the Services or identification elements (codes, accounts, APIs, etc.) provided by the Publisher.

14. Intellectual property

14.1. With the exception of the data entered by the User, the Platform and all the elements making it up, in particular all Content, computer programs, databases, visual elements, texts, graphics, photographs, images, trademarks, logos, creations and various copyrightable works, etc., whether registered or not, and more generally any information appearing on the Platform, is the exclusive property of the Publisher or of third parties with whom the Publisher has entered into agreements allowing it to be used. 

Users are not permitted to use trademarks, logos and service marks without the Platform prior written consent or the consent of such third party which may own the trademarks, logos and service marks.

14.2. The Publisher grants the User a non-exclusive, strictly personal and non-transferable licence to use the Platform solely for the purposes for which it is intended. This licence takes effect upon acceptance of the Terms by the User. Regarding the Tools, it is granted solely for the duration of the Subscription. 

14.3. The User has no rights to the Platform other than the right of use. In particular, the User does not have the right to reproduce it, distribute it or, more generally, exploit it by any means whatsoever without the express prior consent of the Publisher. In particular, the User undertakes:

  • not to make any modifications to the Platform, and not to decompile it except in the cases and within the limits provided for in the Intellectual Property Code;

  • not to delete or move any property reference;

  • not to print, list, display, reconstitute or decompile the machine-readable version of the object code of the Platform and to ensure that all persons who may have access to the Platform comply with this obligation;

  • not to transfer or grant all or part of its rights to a third party.

14.4. The Publisher reserves the right to modify, correct, maintain and provide technical support for the Platform.

15. Personal data

15.1. The Publisher collects the User's personal data.

15.2. The purposes, recipients and conditions under which the Publisher collects and processes personal data are set out in the Platform's Privacy Policy.

16. Platform availability

16.1. The Publisher uses all reasonable endeavors to ensure that the Platform is accessible 24 hours a day, 7 days a week, but is under no obligation to do so. 

16.2. The Platform may not be accessible in particular in the event of force majeure, breakdown or maintenance operations which the Publisher may carry out at any time, without prior notice. In the event of prolonged inaccessibility of the Platform, the User will be duly informed.

17. Technical assistance

Where provided for in the Subscription, technical support for the Platform is made available to the User. This support can be contacted by email at care@persona-care.com.

18. Mediation

In accordance with the provisions of articles L. 611-1 to L. 616-3 of the French Consumer Code, the User is hereby informed that he/she may submit any dispute to the Consumer Mediator, whose contact details are :

Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD)
The FEVAD E-Commerce Ombudsman Service
60 rue la Boétie
75008 PARIS FRANCE
mediateurduecommerce@fevad.com

19. Applicable law - Jurisdiction

19.1. All the clauses contained in these Terms, as well as all purchase transactions carried out on the Platform, are governed by, subject to and interpreted in accordance with French law, regardless of the User's country of residence and the place of use of the Platform or of the purchase transaction. The original version of the present document is in French. If it is translated into one or more languages, solely the French version shall govern and control in the event of a dispute.

19.2. Any dispute relating to the validity, interpretation, performance or termination of these Terms shall be subject to the jurisdiction of the court in whose jurisdiction the registered office of the company referred to in Article 1 is located, even in the event of multiple defendants or the introduction of third parties.

19.3. In the event of difficulties in the application of the Terms, the parties will favor an amicable solution before any recourse to the courts.

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