Terms and Conditions

1. WEBSITE OWNERSHIP

The website http://Pandasmile.app and the Pandasmile mobile application are owned by Pandasmile, a company based in Paris (France). These Terms of Use and Privacy Policy govern the use of services offered through the Pandasmile application, the website ("Pandasmile", "we", "our") (the "Service" or "Services"), the use of the Pandasmile mobile application ("Application") via mobile devices with internet access and a browser, the processing of personal data you provide through our website and application, and the relationship between you (Users), Practitioners, and Pandasmile. Subject to your acceptance of these terms of use and privacy policy, Pandasmile grants you a limited, non-exclusive license to use the Pandasmile services as described herein. The terms "you" and "user" refer to all individuals and entities that access or use Pandasmile services. Services are accessible only to registered users and practitioners. Practitioners may also access Pandasmile Services through the Application. By actively using the website or application, users and practitioners expressly consent to and accept the terms of use and privacy policy contained herein.

2. PLATFORM DISCLAIMER

Pandasmile is a platform connecting Users and Practitioners registered on the Pandasmile application, acting solely as an intermediary. Information shared by users and practitioners may include health-related information and personal data. However, Pandasmile Company does not own any of this data or information shared between users and practitioners. Any data provided by Users or Practitioners belongs exclusively to them. Therefore, Pandasmile Company cannot be held liable for any event relating to such data. Although Pandasmile Company does not own data shared by Users and Practitioners, the company has implemented all measures required for "high-security files" under the French Data Protection Act of 1978, as amended by the law of 20 June 2018 on personal data protection, establishing rules for data collection and use within the European territory.

3. REGISTRATION PROCESS

In accordance with applicable law governing these Terms of Use and Privacy Policy, access to Pandasmile Services is limited to persons over 18 years of age. By registering for Pandasmile services, you expressly declare and warrant that you meet this condition and accept any consequences that may arise. If you cannot meet the conditions stated in this paragraph, please do not register on Pandasmile. If you are a Practitioner, we confirm that access to Pandasmile is limited to qualified healthcare professionals who meet all requirements of their profession in the country where they practice. By registering as a Practitioner, you expressly declare and warrant that you meet this condition. To access Pandasmile Services, we offer Users and Practitioners a registration system that manages your personal information and creates personalized access with a username and password. Users can access registration through the application once installed on their mobile device. Practitioners can register via the Pandasmile website and Pandasmile Pro application.

4. HOW WE WORK

Once registration is completed by the User or Practitioners, Pandasmile operates via the Website and via mobile devices on which the Application has been downloaded and installed for Practitioners, and via the Pandasmile Application for Users. Users and practitioners can customize their profile using the configuration panel. By registering as a user, you authorize Pandasmile to use your data once it has been dissociated from you, and it cannot be associated with you as you will remain anonymous with aggregated anonymous data from other registered users. Practitioners and users can enter, access, modify, correct, update, or cancel their profile information and refuse processing of their data. Pandasmile also provides an intermediary service between Users and Practitioners through which, via the Website or Pandasmile application, Practitioners can monitor and access data from Users who invited them to become their Practitioner.

5. CHANGES TO TERMS OF USE

We may modify the terms of use from time to time. A link to the most recent Terms of Use will be available on the Pandasmile Site homepage and we will indicate the "Last Updated" date at the bottom of the Terms of Use. You are responsible for visiting this page periodically to review the most recent terms of use. Your continued use of Pandasmile services after publication of these modifications constitutes your acceptance of the modified terms of use.

6. PRECAUTIONS

Pandasmile provides mobile platforms allowing individuals to track their own progress. However, it does not provide legal, medical, or psychological advice, diagnosis, or treatment. You therefore assume all risks and responsibility related to your use of information obtained through Pandasmile services. All information and content on Pandasmile services is for informational purposes only and is not intended to replace the relationship between you and practitioners. We are not a licensed healthcare provider and have no expertise in diagnosing, examining, or treating medical problems. Never disregard professional medical advice or delay seeking it because of something you read on or through Pandasmile services. If you believe you have a medical emergency, call your doctor or emergency number immediately.

7. USE OF PERSONAL INFORMATION

Pandasmile is committed to protecting the privacy of Users and Practitioners. Personal information collected through Pandasmile Services is used solely to provide said Services, in accordance with our Privacy Policy. Users and Practitioners consent to the use of their personal information in accordance with this policy. They have the right to request access, rectification, or deletion of their personal information by contacting Pandasmile.

8. CONTENT OWNERSHIP

Pandasmile owns or has usage rights to all content on Pandasmile Services, except personal information provided by Users and Practitioners. This includes texts, graphics, images, logos, and other visual and audio elements available through the Services.

9. Subscriptions, payments and free version

The Application may offer a free version with limited features ("Free Version"). Some features are only accessible through a paid subscription. Access to premium features requires a paid subscription ("Subscription"). Applicable prices, included features, and billing periods are clearly displayed in the Application before purchase. Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually). Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your Subscription at any time via your account settings on the relevant platform (Apple App Store or Google Play). If you are a consumer located in the European Union, you have the right to withdraw from your purchase within 14 days without giving a reason, unless you request immediate access to digital content and thereby waive your right of withdrawal once the service has begun.

10. PERMITTED USE

Users and Practitioners may only use Pandasmile Services in accordance with these Terms of Use. It is prohibited to copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from Pandasmile Services without prior authorization from Pandasmile.

11. PROHIBITED CONDUCT

It is strictly prohibited to use Pandasmile Services for: (a) any illegal activity; (b) harassing, abusing, or threatening others; (c) publishing defamatory, obscene, or offensive content; (d) violating intellectual property rights of Pandasmile or third parties; (e) distributing viruses or other harmful code; (f) collecting personal data from other users without their consent.

12. USER RESPONSIBILITY

Users are responsible for all activity carried out through their account. They agree to immediately inform Pandasmile of any unauthorized use of their account or any other security breach. Pandasmile cannot be held liable for losses or damages resulting from unauthorized use of User accounts.

13. DISCLAIMER OF WARRANTIES

Pandasmile provides the Services "as is" and "as available". Pandasmile disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Pandasmile shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues suffered by Users or Practitioners, even if Pandasmile has been informed of the possibility of such damages. Pandasmile's total liability to Users or Practitioners for any claim arising from use of Pandasmile Services shall be limited to the amount paid by the User or Practitioner to Pandasmile for use of the Services during the six months preceding the event giving rise to liability.

15. INDEMNIFICATION

Users and Practitioners agree to indemnify and hold harmless Pandasmile, its officers, directors, employees, and agents from any claim, loss, damage, obligation, cost, and expense (including reasonable attorneys' fees) arising from: (a) use of Pandasmile Services; (b) violation of these Terms of Use; (c) violation of any law or third-party rights.

16. APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of France. Any dispute arising from these Terms of Use or use of Pandasmile Services shall be subject to the exclusive jurisdiction of the courts of Paris, France.