General terms and conditions of use – OCICorp solution (2021-06-01)
You use the OCICorp solution on behalf of or for the benefit of your employer (or any company that has made the solution available to you), the customer, with whom OLYTHE has a contract.
As a user of the OCICorp solution, you undertake to respect the present general conditions of use which aim to recall the terms and conditions of access and use of the OCICorp solution made available by OLYTHE.
It is however reminded that the contractual relationship is concluded between OLYTHE and its customer exclusively.
ARTICLE 1. DEFINITIONS
The following terms whether used in the singular or plural herein shall always have the following meaning:
- Application: OCICorp mobile application developed by OLYTHE for which a right of installation and use is granted in accordance with the Contract and these GTC;
- General Conditions of Use or GCU: set of rules and conditions for making the Platform and the Application available;
- Collaborators: means any collaborator or collaborator employed by the Customer or a third party and using the Solution on behalf of the Customer. The Customer may define :
- The “administrator” collaborator who has access to the Platform and has full management rights
- The “manager” collaborator with access to the Platform, with limited rights
- The “user” collaborator simply has access to the Application
- Customer: a natural or legal person who has concluded a Contract with OLYTHE to benefit from the right to use the Solution and make it available to Collaborator;
- Contract: contract concluded between OLYTHE and the Customer, by virtue of which the Solution is made available to the Collaborator;
- Documentation: paper and/or electronic documentation relating to the Solution which may be communicated by OLYTHE to the Customer in the context of the execution of the Contract;
- Data: data and information intended to be used, stored and/or processed by the Solution;
- Personal Data: Data which, within the meaning of the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “the Applicable Regulation“), makes it possible to designate or identify, directly or indirectly, a natural person, in particular a Collaborator;
- Connected Breathalyzer: breathalyzer necessary for the use of the Solution as marketed by OLYTHE to the Customer as part of the provision of the Solution;
- OLYTHE: a company registered in the Tours Trade and Companies Register under number 791 392 236, whose contact details appear in the legal notices on the www.olythe.io website.
- Platform : all the web and server software components making up the platform developed and published by OLYTHE, accessible at customername.ocicorp.io, on which the Customer can manage user profiles, obtain reports relating to the use of the Solution, manage alerts and test planning and more generally manage the use of the Solution;
- Results: all information, statistics, data, analyses, reports resulting from the use of the Solution;
- Services: services associated with the provision of the Solution, including training, hosting, support and any service expressly mentioned in the Commercial Proposal;
- Solution: the OCICorp solution which is the subject of the Contract, consisting of the Connected Breathalyzer, the Application and the Platform, as further detailed on the Platform and in the Commercial Proposal.
ARTICLE 2. SUBJECT
The purpose of these GCU is to remind the Customer and Collaborator the terms and conditions of access and use of the Platform and the Application.
It is reminded that the Contract is concluded exclusively between OLYTHE and the Customer and that these GCU are provided for information purposes only. No contractual legal relationship is created between the Collaborator and OLYTHE under the present terms.
ARTICLE 3. DESCRIPTION OF THE SOLUTION
The Solution consists of the Connected Breathalyzer, the Platform and the Application.
The Application, the Platform and the Connected Breathalyzer offer services for calculating alcohol levels and making recommendations. The Collaborator blows into the Connected Breathalyzer which calculates his/her alcohol level. The result is sent directly to the Application which analyses it and gives the Collaborator related information. The data thus generated is sent to the Collaborator “manager” and/or “administrator” who can access it from the dedicated Platform.
The functionalities of the Solution are specified in the Documentation, i.e. the user guides provided by OLYTHE to the Customer, which the Collaborator concerned is invited to consult.
ARTICLE 3. DESCRIPTION OF THE SOLUTION
The Solution consists of the Connected Breathalyzer, the Platform and the Application.
The Application, the Platform and the Connected Breathalyzer offer services for calculating blood alcohol levels and making recommendations. The Employee blows into the Connected Breathalyzer which calculates his/her alcohol level. The result is sent directly to the Application which analyses it and gives the Employee related information. The data thus generated is sent to the Client who can access it from the dedicated Platform.
The functionalities of the Solution are specified in the Documentation, i.e. the user guides provided by OLYTHE to the Client, which the Employee concerned is invited to consult.
- 3.1 Characteristics of the Connected Breathalyzer
The Solution includes the Connected Breathalyzer, designed and marketed by OLYTHE, as well as the accessories, i.e. the replaceable mouthpieces for blowing into the Connected Breathalyzer, the carrying case, the recharging cable and the instructions for use.
The technical specifications of the Connected Breathalyzer are specified on the OLYTHE website at www.olythe.io as well as on the instructions for use, with mention of the essential characteristics. The instructions for use are provided with the Connected Breathalyzer at the time of delivery or available on request at email@example.com.
- 3.2 Characteristics of the Platform
The Platform allows the Collaborator “Administrator” and “Managers”, depending on their level of authorization established by the Customer, to access:
- The creation and management of profiles for Collaborator “Managers” and “Users”, the device management and groups;
- To the dashboard and reports with geo-location and time-stamp;
- The facial recognition option by comparing pictures;
- Alert management by sending a notification on the Application;
- Management of the user’s Collaborator
Access to the Platform is reserved exclusively for the Collaborator “Administrator” and “Managers” designated by the Customer and authorized for this purpose by means of identifiers communicated by OLYTHE or chosen by the Customer or Collaborator concerned (hereafter the “Platform Access Codes”).
- 3.3 Characteristics of the Application
The Application developed by OLYTHE is designed to collect and process the Data generated via the Connected Breathalyzer and the smartphone of the Collaborator (user) and transmit them to the Collaborator (Administrator and Manager) on the Platform.
Access to the Application is reserved exclusively for Collaborator registered on the list configured by the Customer on the Platform.
For each Collaborator User, the customer and/or the Collaborator “Administrator” or “Manager” creates an account by entering a username and an email address. The Collaborator User then receives an email inviting him/her to create his/her personal password, the link provided being valid for 5 minutes.
The access codes allowing access to the Application are made up of the user’s personal identifier or email address and password (hereinafter referred to as the “Application Access Codes“).
Each authorized User Collaborator can access the Application, after downloading it, by logging into the Application by entering their company name and their Application Access Codes.
The Collaborator user can have a dedicated access for his own personal use only, or have an access allowing him to use the Application for different Collaborators of his team.
In order to carry out the test, the Collaborator-user must connect the Connected Breathalyzer to his/her smartphone via Bluetooth.
The test can be carried out either:
- Without photo-identification (no photograph taken of the Collaborator-user)
- With photo-identification (photograph of the user collaborator during the breath)
- With optional facial recognition (comparison of a reference photograph and the photograph taken during the blow)
The Results of the Connected Breathalyzer are analyzed by the Application which generates the Data. This Data is accessible on the Application by the Collaborator-user and transmitted to the Collaborator “Administrator” or “Manager” via the Platform. The Collaborator user can delete the Data directly from his account on the Application. The deletion of a positive alcohol result will be notified to the Collaborator “Administrator” or “Manager” via the Platform.
ARTICLE 4. ACCESS AND USE OF THE PLATFORM AND THE APPLICATION
- 4.1. Responsibility for connection settings
Access Codes to the Platform and the Application are personal and confidential.
The Collaborator undertakes to keep them securely and undertakes not to disclose them to third parties for any reason, in any way or in any form whatsoever.
If any of the collaborator’s identification elements are lost or stolen, the collaborator must inform the Customer without delay, who will inform OLYTHE. OLYTHE will not be responsible for the loss, theft or forgetting of the Access Codes of the Collaborator and/or their fraudulent use. The Customer is solely responsible for the access and use of the Platform or the Application by the Collaborator with his Access Codes. The Collaborator undertakes to inform the Customer immediately and the Customer undertakes to inform OLYTHE of any unauthorized use of his Access Codes, and/or any breach of security of the Application or the Platform of which he is aware.
- 4.2 Minimum system requirements
All technical means, as well as telecommunication costs and associated costs enabling access to and use of the Solution are the sole responsibility of the Customer.
Access to the Application requires that the Collaborator has a smartphone with a broadband internet connection and on which the Application is installed, which is accessible from the download platform corresponding to the smartphone’s operating system (subject to availability, as indicated in the Documentation).
The Collaborator’s smartphone must have an operating system up to date with the version specified on the Application download page and meet the requirements communicated by OLYTHE. The Application may be updated to add new features and services. The later version of the operating system that may be required for the upgrade will be specified on the upgrade page of the Application.
4.3. Rules of good use of the Application and the Platform
The Customer and the Collaborator undertake to use the Application and the Platform, where applicable, solely for the Customer’s professional needs.
The Customer and the Collaborator undertake to use the Application and/or the Platform in accordance with the GCU, in compliance with the applicable laws and regulations.
It is strictly forbidden to use the Application or the Platform for the following purposes:
- interfere with or access the Application or Platform by any method other than as set out in the TOS and the instructions made available to them;
- carrying out illegal, discriminatory, fraudulent activities or activities that infringe the rights or safety of third parties;
- the violation of public order or the violation of laws and regulations in force;
- aiding or abetting, in any form or manner, one or more of the acts described above;
- and more generally any practice that misuses the Application or the Platform for purposes other than those for which it was designed.
The Collaborator and, if applicable, the Customer, shall:
- Be of the required age to use the Application and the Platform and comply with local regulations on alcohol consumption;
- Use the Platform and the Application only in a professional context and refrain from giving a test to a third party without their consent;
- Refrain from sharing, especially on social networks, a negative result by mentioning the commission of an offence;
- Not to share, especially on social networks, results with the aim of encouraging alcohol consumption;
- Do not share results, especially on social networks, with the aim of boasting about excessive alcohol consumption;
- In general, to refrain from any sharing likely to damage the image or reputation of OLYTHE, particularly on social networks;
- Ensure that you are up to date with laws and regulations relating to alcohol consumption and road safety.
OLYTHE may suspend or terminate a Collaborator’s access to the Platform and the Application in case of non-compliance with this article.
The Customer is solely responsible for the use that it makes, and that the Collaborator makes, of the Solution and the Results, which are a decision-making tool and in no way replace the responsibility of the Customer or Collaborator regarding their choices.
ARTICLE 5. INTELLECTUAL PROPERTY
- 5.1. Ownership and licensing
The Solution, including its source codes and architecture, the Services, all the content present on the Application and the Platform and published by OLYTHE, the design of the Connected Breathalyzer as well as the names, signs and logos used to designate the Solution and its elements, the Services and/or OLYTHE are protected by intellectual property rights (such as in particular all copyrights, patents, trademarks, design rights, database producers’ rights, and any other existing or future French and international intellectual property right) and belong to OLYTHE or to third parties having authorized OLYTHE to exploit them.
This Contract does not in any way transfer intellectual property rights to the Customer or the Collaborator.
Under the terms of the Agreement, the Collaborator shall benefit, for the duration of the Agreement, from the personal, non-exclusive, non-transferable and non-assignable right on one hand, to install the Application on the Collaborator’s smartphone and, on an other hand, to use the Platform and the Application, in their executable form, strictly within the limits of the acts that are exclusively necessary for the use of the Solution by the Customer and its Collaborators, in accordance with its purpose, and in strict compliance with the provisions set out herein (hereinafter the “Licence“).
- 5.2. Restrictions on use
OLYTHE prohibits any Collaborator or Customer, without its written authorization, from:
- Make any copy of all or part of the software solutions that make up the Solution (with the exception of the legally permitted backup copy of the Application);
- Reproduce permanently or temporarily the Solution, in the whole or in part, by any means and in any form, including when loading, displaying, running or storing the software, with the exception of acts necessary for downloading and using the Application;
- Reverse engineer, decompile or disassemble the Platform or Application, computer program(s) and software solution(s);
- Modify, alter, adapt or make any change whatsoever to the presentation and content of the Solution, computer program(s) and software solution(s), brand name, trade name, logos, etc. affixed to the Solution, its presentation, or not to remove the identification and ownership mentions of the Application, in particular the names of the collaborators;
- Translate, adapt, arrange or modify the Solution in the 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 Solution, computer program(s) and software solution(s);
- Rent the Solution;
- Publish, except with the prior written consent of OLYTHE, any performance or evaluation test or analysis relating to the Solution.
OLYTHE reserves the right to support, maintain and update the Solution, as provided for in article L122-6-1 of the Intellectual Property Code.
ARTICLE 6. WARNING
The results of the Connected Breathalyzer analysis sent back to the Application and then to the Platform have a level of reliability equivalent to professional devices. The calculations of the recovery time from zero alcohol are based on current scientific data.
However, OLYTHE does not guarantee these results and calculations, which are only indicative in order to inform the Customer and its Collaborators and to assist them in their choices, in particular with regard to the regulations.
Consequently, OLYTHE cannot be held responsible:
- Misunderstanding or misapplication of the law applicable in the country of actual use of the Solution;
- Misinterpretation of the results displayed by the Application or the Platform;
- Any errors in the information content available in the Application, in particular in the menus “Alcohol and Health”, “OCIGO Technology”, “Alcohol and Driving”;
- An error in analysis that may mislead the collaborator about the BAC measured;
- For any damage suffered by the Collaborator as a result of his/her alcohol level, regardless of the result displayed or the measurement indicated;
- Any infringement committed by the Collaborator as a result of using the Application;
- Any infringement committed by the Customer as a result of using the Platform or the Application.
It is furthermore specified that the reliability of the results and calculations are dependent on the Collaborator’s strict compliance with the instructions for use of the Connected Breathalyzer and the recommendations indicated by OLYTHE in the Application.
ARTICLE 7. PERSONAL DATA
The obligations of OLYTHE as a subcontractor are set out in the Contract with the Customer.