General terms and conditions of use OCIGO application (2021-06-01)
The use of the Application published by the company OLYTHE implies the acceptance without reserve of the following provisions by any User wishing to benefit from the Services delivered by the Application, the latest version being taken as proof. The purpose of the present general terms and conditions of use (hereinafter the “GTCU”) is to define the terms and conditions of access to and use of the OCIGO Application, as defined below, published and made available by OLYTHE, a company registered in the Tours Trade and Companies Register under number 791 392 236, and whose contact details are given in the legal notice of the Website (hereinafter referred to as “OLYTHE”), the exclusive owner of all intellectual property rights to the Application, which may also be referred to individually as the “Party” or collectively with the User as the “Parties”.
ARTICLE 1. Definitions
The following terms, whether used in the singular or plural herein, shall always have the following meaning: “Application” : means the mobile application for the evaluation and monitoring of alcohol consumption called “OCIGO”, available via the download platforms of the corresponding operating systems, developed, edited and hosted by OLYTHE, which holds exclusive ownership of it, the use of which is effectively granted by OLYTHE to the User under these TOU, in accordance with the license of use detailed below; “Customer” : means any natural or legal person having purchased the OCIGO Product from OLYTHE (or an authorized partner); “Agreement” means the general terms and conditions of sale of the OCIGO Product and the order and these GTCU, which together form an indivisible whole; “Data” means all User data, including personal data, provided by the User or communicated by the OCIGO Product in the context of the use of the Application. Personal data means all types of information, data and content, which, within the meaning of the French Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, make it possible to designate or identify, directly or indirectly, a natural person; “OCIGO Product“: means the device connected via Bluetooth to the User’s smartphone and communicating information to the Application, such as the status of the OCIGO Product, measurement data, battery level. The OCIGO Product is provided only when ordered by the User from OLYTHE in accordance with the general terms of sale. The user manual is provided with the OCIGO Product. “Profile” means all the information specific to each User. The User has a profile allowing him to access his evaluation history; “Services” : means all the services that OLYTHE provides to the Users through the Application, under the terms and conditions of the present GTCU; “User” : means the Client or the natural person using the Application under the control of the Client who has a user license and is therefore entitled to access the Application and benefit from the Services; ARTICLE 2. User Acceptance – Disclaimer
These GTU are expressly agreed and accepted by the User, who declares and acknowledges having full knowledge thereof. If the User allows a third party to use the Application or the OCIGO Product, he/she does so under his/her control and is responsible for the compliance of this GTCU by this third party. ARTICLE 3. Evolutions
OLYTHE may modify, suspend or terminate access to the Application, including by removing it from the Application’s download platforms. OLYTHE may also modify the GTCU, in particular in case of evolution of the Application or of legal provisions. OLYTHE reserves the right to modify the present GTCU, according to the technical evolution of the Application or of its service offers, or due to the evolution of the legislation, at its sole discretion. In this case, the User will be invited to accept the new applicable GTCU. In the absence of acceptance, either Party may terminate the Agreement. ARTICLE 4. Service access
4.1 User profile
4.1.1 Profile creation
In the absence of acceptance of the GTCU, the Application remains unusable and closes. Once the GTCU are accepted, the User can create a profile by accessing the Profile page of the Application, where the following information can be filled in:
- The User’s name ;
- The language of the User;
- The country in which the User wishes to know the regulatory thresholds of alcohol in driving;
- The User’s driving category according to the date of obtaining his/her driving license (young or confirmed) and according to his/her use (personal or professional);
- The unit of measurement in which the User wants to display his or her blood alcohol content;
- The telephone number of the person, called the Designated Driver, whom the User wishes to warn when the Application allows it, in the event of a “reprehensible” or “criminal” result.
4.1.2 Profile edition
The information entered on the Profile is stored locally in the User’s smartphone and is not transmitted to OLYTHE or to third parties. The information relating to the country and the category of driver is necessary for an optimal use of the Services, in particular the evaluation history or the interpretation of the analysis results. In general, OLYTHE will not be responsible for the provision of false information by the User or the consequences thereof.
4.2 Responsibility for accessing the Application
The Application is not locked so that any third party with access to the User’s smartphone can access the Application and the Data contained therein, including personal data and evaluation history. The User is therefore advised to lock his or her smartphone and to ensure that no third party has access to it in order to avoid unwanted access to the Data.
ARTICLE 5. General Description of the Services
OLYTHE has designed a breathalyzer that measures the alcohol content in the breath. The OCIGO product is a new generation of electronic breathalyzer. By combining the precision of infrared spectroscopy with powerful algorithms, OLYTHE offers a highly reliable and accurate technology. Infrared spectroscopy alcohol detection was originally developed for breathalyzers used by professionals and law enforcement agencies. Thanks to its know-how, OLYTHE has succeeded in miniaturizing this cumbersome technology to make it portable and accessible to all. The results obtained are expressed by default in mg/L of exhaled air, or (and only valid on the application) in another unit of measurement of the alcohol level, in exhaled air or in blood, chosen by the User. The results are communicated to the Application installed on the User’s smartphone and interpreted according to the country and driver category selected by the User. When interpreting the results, the Application informs the User of the applicable regulations and of the risk involved in driving (provided that the User has provided accurate information). The User is also informed of the time required to bring his or her alcohol level down to zero. For more information on the Application and the OCIGO Product, the User is invited to visit https://www.olythe.io or to consult the information available on the Application’s download store.
ARTICLE 6. Responsibility – Limitation – Warranties
The calculations relating to the recovery time of a zero alcohol level are based on the current scientific data on the subject. However, OLYTHE does not guarantee these results and calculations which are only indicative in order to inform the User and to assist him in his choices, in particular with regard to the regulations. Consequently, OLYTHE cannot be held responsible for :
- A bad understanding or application of the applicable law by the User in the country of actual use of the OCIGO Product and the Application ;
- Misinterpretation by the User of the results displayed by the Application;
- Any damage suffered by the User related to his blood alcohol level, whatever the “objectionable”, “criminal” or “non-objectionable” result displayed, or whatever the measure indicated;
- Any violation committed by the User as a result of using the Application;
It is further specified that the reliability of the results and calculations are dependent on the User’s strict compliance with the OCIGO Product’s instructions for use detailed in the user manual provided, and the recommendations indicated by OLYTHE in the Application. OLYTHE will make its best efforts to allow a continuous access to the Application, with diligence and in compliance with the rules of the art, except for interruptions required for maintenance, possible breakdowns, technical or legal constraints. As the Application is a particularly complex field of computer technology and given the current state of knowledge, it cannot be materially tested for all possible uses. In particular, no guarantee can be given that the Application is suitable for all the needs and requirements of the User, which are the sole responsibility of the User, or that the Application will function without errors or damage. With respect to Users who are professionals, the Application is provided “AS IS”, under an obligation of means. The limitations of warranty and liability set forth in the general terms and conditions of sale are applicable to the use of the Application. Assistance, maintenance or updating of the Application for the benefit of the User are not included in the license provided for in this Agreement. The User therefore acknowledges that OLYTHE (nor the operators of the download platforms) has no obligation to provide maintenance and support services for the Application.
ARTICLE 7. User’s obligations
Without prejudice to the other obligations defined elsewhere in these GTCU, the User shall:
- Ensure that he/she is of the required age to use the Application and that he/she complies with local regulations regarding alcohol consumption;
- Use the Application only for his/her own personal use and refrain from giving a test to a third party without his/her consent;
- Not share a negative test result with anyone who has committed a crime;
- Not share results with the purpose of encouraging the consumption of alcohol;
- Not sharing results to brag about excessive alcohol consumption;
- In general, refrain from any sharing that may damage OLYTHE’s image or reputation or that is contrary to law;
- Ensure that they are up to date on laws and regulations regarding alcohol consumption and road safety.
ARTICLE 8. Intellectual property and license to use the Application
8.1 OLYTHE’s rights
OLYTHE retains the ownership of all intellectual property rights on the Application, and more generally all elements reproduced or used on the Application are protected under intellectual property law, in particular graphic elements, brands, logos, drawings, texts, slogans, multimedia content. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, without the prior written consent of OLYTHE, is strictly prohibited. The User acknowledges and accepts that access to the Application and to the computer program(s) and software solution(s) made available by OLYTHE does not imply any transfer or concession of intellectual property rights (in particular, trademark rights or copyrights) and other rights to the benefit of the User.
8.2 Scope of rights granted OLYTHE grants to the User, who accepts it, for the duration of the use of the Application, the non-exclusive, non-transferable and non-assignable right to install and use the Application, strictly limited to the acts exclusively necessary for the use of the Application by the Users, worldwide, for the duration of the Agreement, in strict compliance with the provisions set forth herein (hereinafter the “License”). The User expressly acknowledges that all rights to the Application remain the exclusive property of OLYTHE. User may not sell, assign, publish, display, disclose or otherwise make available to third parties.
8.3 Restrictions on use
The use of the Application published by OLYTHE and made available to the Users is subject to the limitations described below. This License is strictly personal and the User may not assign, transfer or delegate the rights or obligations under this License without the prior written consent of OLYTHE. By way of example, OLYTHE prohibits any User, without its written permission, from :
- Make any copy of all or part of the software solutions composing the Application (excluding the legally authorized backup copy of the Application);
- Reproduce permanently or temporarily the Application made available, in whole or in part, by any means and in any form, including loading, displaying, running or storing the software;
- Reverse engineer, decompile or disassemble the Application, computer program(s) and software solution(s);
- Modify, alter, adapt or make any changes whatsoever to the presentation and content of the Application, computer program(s) and software solution(s), brand, trade name, logos etc. affixed to the Application, its presentation, or
- not to remove the identification and ownership of the Application, including the names of contributors;
- Translate, adapt, arrange or modify the Application in whole or in part, export it, merge it with other computer applications;
- Delete or alter, as they may appear on the presentations or in the content of the Application, computer program(s) and software solution(s);
- Rent the Application;
- Publish, except with the prior written consent of OLYTHE, any performance or evaluation test or analysis relating to the Application;
- Including to correct any errors in the Application, which right is reserved by OLYTHE.
ARTICLE 9. Equipments
The use and maintenance of any equipment necessary to access and use the Application is the sole responsibility of the User and the User shall bear the cost thereof. OLYTHE shall not be liable for any damage to any equipment in connection with the use of the Application. The User must have a system (hardware and software) compatible with the Application (compatibility indicated on the presentation of the Application on the download platform of the Application) at the charge and under the responsibility of the User. The use of the Application may require periodic updates.
ARTICLE 10. Personal Data
The User is informed that OLYTHE does not collect or keep any Personal Data of the User in the context of the use of the Application. Thus, all the Data provided by the User during the creation of his profile remains under the exclusive control of the User who can modify them. Furthermore, the results and history generated by the Application during its use are not transmitted to OLYTHE or to third parties, and the User is able to reset them at any time.
ARTICLE 11. Duration and termination of the Contract
This Agreement is entered into for an indefinite term.
11.1. Termination by the User
The User may stop using the Application at any time, in particular by uninstalling it from his smartphone, without notice. This deletion is immediate and irrevocable, and will result in the loss of the Data.
11.2. Termination by OLYTHE
OLYTHE may terminate the Agreement, either by giving the User reasonable notice, or in the event of the User’s failure to comply with its obligations, in particular those set forth in the corresponding article (obligations of use) or with the restrictions concerning the rights of use.
11.3. Consequences of termination
Any termination results in the irrevocable deletion of the Data. In the event of termination, the User must cease using the Application and uninstall it from his/her smartphone. The provisions that shall survive the termination or cancellation of the Agreement, by their nature or expressly, shall continue to apply for the duration applicable to them.
ARTICLE 12. Applicable law and jurisdiction The present GTCU are subject to French law. All disputes relating to these GTCU shall be brought to the attention of the materially and territorially competent court. With respect to Professional Customers, the provisions set forth in the general terms and conditions of sale of the OCIGO Product concerning the set