AITIO Services General Terms and Conditions of Use

  1. Preamble and Purpose

The SAS Hometrix (the « Company ») publishes a mobile application (the « Application ») aimed at supporting individuals diagnosed with lupus.


T&Cs ») aim to define the conditions of access and use of the services provided on the Application, as well as the rights and obligations of the users.


Registration and access to the services require :

  • The prior and express consultation and acceptance, without restriction or reservation, by the user of these Terms, the consultation of the data protection policy, and the consent to the processing of health data by Hometrix Health.


  1. Definitions

In addition to the terms defined above, the following terms, whether in singular or plural, and with or without capitalization, shall have the following meanings :

  • « User Account » : the content within the Application specific to the User, enabling access and use of the Services ;
  • « Services » : the services provided by the Company to Users on the Application, as defined in the « Description of Services » article ;
  • « Application » : AITIO mobile application / AITIO Lupus ;
  • « User » : any person who, in the context of their medical follow-up for lupus, has created a User Account and accesses the Services of the Application.


  1. Scope of Use

The Application aims to provide Users diagnosed with lupus with a space for exchanging information with other Users suffering from the same condition, thematic advice, the ability to set personal goals in daily life, and monitoring of their overall health.


The Application does not constitute a medical device within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of April 5, 2017, on medical devices, and its Services are not intended to replace either a medical act or a healthcare service.

  1. Conditions of Access to the Services
    1. Legal Capacity and Contractual Requirements

By accepting these terms, the User certifies to be over eighteen (18) years old and to have the legal capacity to commit to these Terms.


    1. Technical Requirements


  • Use of a Recent Web Browser
  • For the possibility of registering the application in PWA mode, minimum version :
    • On Android : Chrome 111 for Android
    • On iPhone, iPad : iOS 11.3


    1. Registration

The services are accessible subject to the creation of a User Account.

The user undertakes not to share with third parties the code they have set.


    1. Acceptance, enforceability, and modification of the Terms and Conditions.

The services are accessible subject to the creation of a User Account, which is itself subject to the prior acceptance of these T&Cs.

The acceptance of these T&Cs is formalized by checking the box associated with the text /« I have read the general terms of use and accept them ».

The T&Cs may be modified at any time by the Company.

The user acknowledges that the applicable T&Cs are those accepted during the account creation and any subsequently modified terms accessed during later connections to the services.

The current T&Cs are permanently accessible on the application.


    1. User Account and Access to Services

The creation of a User Account is a necessary prerequisite for accessing the services, as well as the consent to the processing of personal health data by Hometrix Health.

The User Account is created using the registration form accessible at the opening of the application.

During the creation of their User Account, the User follows the procedure described below:

Step 1: The User completes the registration form by providing the following information: email, password, phone number. They also choose a username and an avatar.

Step 2: The User reviews the Terms and Conditions (T&Cs) and accepts them by checking the designated checkbox and clicking the acceptance button. If the User does not accept the T&Cs, the User Account creation process cannot be completed.

Step 3: The User reviews the privacy policy and consents to the processing of personal health data by Hometrix Health as part of providing the Services.



The information must be accurate and regularly updated. The User can update their information directly in their User Account on the application.


For each access to the User Account, the User provides their username and password, as well as a one-time password (« OTP ») received by SMS.


In the absence of activity from the User after a period of 20 minutes, the User is automatically logged out. The User must then reauthenticate to access the Services.


  1. Password Management

The Services are accessible on the application with a strong authentication method.

Step 1 : The User provides their username and password. The password chosen by the User must comply with the PGSSI-S framework and include :

    • at least one uppercase letter, one lowercase letter, one digit, and be at least 7 characters long.

Step 2 : After providing their username and password, the user must enter the One-Time Password (OTP) sent via SMS.


The Company implements an access timeout to the account after multiple failures: after 5 failed login attempts, the User will be unable to attempt to log in for five (5) minutes, without exceeding a total of twenty-five (25) failed attempts within a 24-hour period.


The User is solely responsible for preserving the confidentiality of their username and password, as well as for activities arising from the use of this username and password. They commit to taking all necessary measures to ensure this perfect confidentiality.


Any use of the User's username and/or password is presumed to be done on behalf of the User.


The User agrees to promptly change their password in case of theft, loss, forgetfulness, or voluntary or involuntary disclosure of their password to third parties. This change is made directly in the settings of their User Account on the application.


In the event of the User forgetting their password, they can request the sending of an email by clicking on the « Forgot Password ? » tab, containing a single-use link valid for 24 hours, allowing them to reset their password.


The Company cannot be held responsible by the User for fraudulent or abusive use, whether due to voluntary or involuntary disclosure to anyone of their username and/or password.


  1. The user undertakes not to share with third parties the code they have set.
    1. Effective Date - Duration

The User will have access to the Services from the acceptance of these Terms and Conditions until the occurrence of the elements specified below.


    1. Account Suspension/Closure
      1. Closure at the User's Initiative

The User will have access to the Services until the deactivation of the User Account, which can occur at any time via the user settings page or upon a request for deletion of the User Account sent by email to the address :


      1. Suspension or Closure at the Initiative of the Company

In case of suspected fraudulent use of the Services and/or failure to comply with the obligations of the T&Cs, the Company reserves the right, after informing the User without notice and without any compensation, to suspend or close the User Account.

After three (3) years of inactivity, the User Account will be deleted by Hometrix Health after prior notification via email.


      1. Consequences of User Account Suspension or Closure

In the event of User Account suspension, access to the Application, Services, and User Account data will be made impossible for the User until the User Account is reinstated.


In the event of User Account closure, access to the Application and Services will be permanently made impossible for the User, and the data will be permanently deleted by the Company thirty days after the closure of the User Account.


In any case, the User remains responsible for any use of their User Account prior to its closure or suspension.


The closure of the User Account automatically results in the termination of these T&Cs.


  1. Obligations of the Company
    1. Description and Obligation of Service Provision

The Company has developed an application to enable users diagnosed with lupus to :

  • connect with individuals suffering from lupus through moderated forums 
  • set personal goals (e.g. : physical activity) 
  • access thematic advice and non-personalized information related to lupus ; and
  • monitor the evolution of their overall health.


    1. Availability of the Application and Services

The Application and Services are accessible 24/7, subject to, among other things, the uncertainties of the internet network and periods of suspension, especially for maintenance purposes.

Indeed, the Company reserves the right to interrupt, for maintenance reasons, operations such as updates, maintenance, modifications, or changes to operational methods, servers, and accessibility hours, without this list being exhaustive. The Company will make its best efforts to carry out these operations during periods least detrimental to the User's access to the Application and Services.


No performance, availability, or accessibility guarantees are provided under the Terms and Conditions for the Application or the Services.


The Company reserves the right to supplement or modify, at any time, the Application and the available Services based on, among other things, technological developments


In case of interruption or inability to use the Application or Services, the User can contact the Company's service for information.


All costs associated with access, including hardware, software, or internet access fees, are solely the responsibility of the User. The User is solely responsible for the proper functioning of their equipment and internet access.


    1. Content Moderation

The Company has implemented a control system to ensure, to the extent possible, that the information exchanged on the Application – especially within the User connection service – complies with the T&Cs.


The Company will remove blatantly illicit content that is reported to it.


Furthermore, the Company is free to remove any content that could harm its image or reputation or that of a User.


In accordance with section 7.1.3, the Company reserves the right to suspend or close the User Account responsible for disseminating such content within the Application.


The Company is not responsible for any potential harm caused by the removal of content for any of the reasons mentioned in the preceding paragraph.


  1. Company's Liability

The Company makes every effort to provide Users with quality services but cannot be held responsible for any direct or indirect damage or harm resulting from :

  • interruption or malfunction of the Application or Services, in the absence of a breach by the Company of any of its obligations 
  • the spread of computer viruses or malicious programs in any form, in the absence of a breach by the Company of any of its obligations 
  • incompatibility of the User's computer equipment configuration with the Application 
  • fraudulent or abusive use or due to the voluntary or involuntary disclosure by the User to anyone of their username and/or password 
  • errors, inaccuracies, or omissions affecting the data entered by the User 
  • non-performance or improper performance of the Terms and Conditions attributable to the User of the Application 
  • force majeure or fortuitous events.


  1. User's Obligations

Without prejudice to other provisions herein, the User undertakes to comply with the obligations defined in this article.


The User undertakes to respect the confidentiality of personal data to which they have access in the use of the Application and Services.


The User refrains from any act, behavior, or statement likely to violate, in particular, the laws and regulations in force, good morals, the rights of third parties, the normal operation of the Application and Services, and to use the Application and Services in accordance with these T&Cs.


  1. Personal Data

In the provision of the Application and Services, the Company acts as the data controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data (the « GDPR »).


For more information on the processing of personal data implemented by the Company, the User is invited to refer to the privacy policy accessible through the AITIO application.


  1. Intellectual Property Rights
    1. Company's Elements

The T&Cs do not involve any transfer of any kind of intellectual property rights over the elements belonging to the Company.


The Application, trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, databases, sounds, videos, domain names, designs, or any other element composing the Application, excluding third-party elements defined below, are the exclusive property of the Company and are protected by any intellectual or industrial property right recognized by the laws in force.


Any reproduction and/or representation, in whole or in part, of any of these elements, without the express permission of the Company, is prohibited and would constitute infringement liable to the civil and criminal liability of the infringer.


Therefore, the User refrains from any act or action that may directly or indirectly infringe upon the intellectual property rights of the Company.


    1. Third-Party Elements

Elements belonging to third parties, such as excerpts from films, trademarks, logos, images, texts, sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law, or any other right recognized by the laws in force.


The User undertakes not to infringe, directly or indirectly, the property rights of third parties whose content is present on the Application and refrains from exploiting these elements in any way.


The User agrees to respect the full rights of third parties whose content is present on the Application.


    1. Hyperlinks

The Application may contain hyperlinks providing access to third-party websites. The User is expressly informed that the websites they can access through hyperlinks are not operated by the Company.


The Company disclaims all responsibility for the content of the information provided on these sites through hyperlink activation and for the privacy policy of these sites. The User cannot hold the Company liable for any damage of any kind resulting from the activation of these hyperlinks.


  1. Insurance

The Company has taken out an insurance policy with a financially sound insurance company to cover all pecuniary consequences of its professional, tort, and/or contractual liability for bodily, material, and immaterial damages caused to the User and any third parties in the execution of these terms.


  1. General Provisions
    1. Notification and Complaints

All notifications and complaints must be made in writing and can be sent by email to the following address : Hometrix Health SAS, 11 rue de Lourmel, 75015 Paris


Only complaints directly related to the use of the Services will be taken into account.


    1. Tolerance

The User acknowledges that the Company's tolerance of a situation does not confer acquired rights to the User.


Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.


    1. Nullity

If one or more provisions of the T&Cs are deemed invalid or declared as such in application of a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect.


    1. Applicable Law and Dispute Resolution

These T&Cs are governed by French law.


This applies to substantive and procedural rules, regardless of the places where the substantial or ancillary obligations are performed.


Before any legal action, the Company and the User will, in good faith, attempt to settle amicably their disputes related to the validity, interpretation, execution or non-execution, interruption, termination, or denunciation of these Terms and Conditions, for any reasons and on any grounds whatsoever.


The Company and the User will endeavor to reach an amicable agreement within a period of thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt.


In the absence of an amicable agreement, any dispute will be brought before the competent courts. This clause is legally independent. It continues to apply despite any nullity, termination, resolution, or annulment of these contractual relations.