Apps GTCU

Last Updated: July 15, 2024

These general terms and conditions of use (hereinafter, “GTCU”) govern all relations between the company iHealthLabs Europe, a simplified stock company with a capital of €624,000, with its Head Office located at 36 rue de Ponthieu - 75008 Paris, France, registered in the Trade and Company Register of PARIS under the no. 792 514 341 (hereinafter, “iHealthLabs”) and its customers (non-professional users) (hereinafter, “the Users or the User”) of the apps called iHealth MyVitals and iHealth Gluco-Smart (hereinafter, “the App” or “the Applications”).

Prior to any use of the service, the User acknowledges having read all these GTCU. The User's full and complete acceptance of these GTCU occurs when he ticks the box provided for this purpose when creating his account.    

The GTCU may be updated at any time by iHealthLabs, without notice, due to changes in the service, changes in legislation or for any other legitimate reason. The version of the GTCU, enforceable between iHealthLabs and the User, is always available on the Applications.

These GTCU are intended to define the rights and obligations of the Parties under the use of the Apps, iHealth MyVitals and iHealth Gluco-Smart offered by the company, iHealthLabs Europe.

iHealthLabs distributes innovative connected health products: wellness products, medical devices and apps for the monitoring of health data.

The iHealth MyVitals app allows monitoring of measurements made with iHealth connected products.

The iHealth Gluco-Smart app is dedicated to the range of iHealth blood glucose readers for tracking blood glucose at home, particularly for diabetic people.

The User is informed that iHealth Apps are designed to work with activity bracelets, scales, blood pressure monitors, pulse oximeter connected bracelets and blood glucose meters from iHealth brand only.

iHealth blood glucose meters are in vitro diagnostic medical devices for self-monitoring of blood glucose, complying with the NF EN ISO 15197 standard.

However, it is reminded that the information delivered by the iHealth Apps and all iHealth connected products acts as no substitute for medical advice from a health professional.

The use of iHealth Apps and iHealth connected products is the responsibility of each User.

The use of the Service requires an internet connection and a mobile device for good performance. The User’s equipment must be configured to allow the App to operate.

Access to the service is made by identification via a username and a password entered when creating a user account. 

The User must fill in all the fields in a sincere and genuine way when creating their account, in order to ensure that the iHealth products work correctly. A valid email address is essential for the service to work correctly.       

The use of the account is strictly personal.      

The User guarantees iHealthLabs that they are the only person able to access data stored in their account. The User is obligated to keep their username and password confidential. iHealthLabs does not assume any responsibility for damage that may be caused by fraudulent use of the Users’ account.    

The User commits to immediately notifying iHealthLabs of any unauthorised use of their account. Any lost password will be reset by iHealthLabs on the request of the User. IHealthLabs reserves the right not to comply with abusive requests for changes to the password made by the User.      

The User may delete his account via the Application or by sending an e-mail to the following address: support@ihealthlabs.eu. The User is hereby informed that any deletion of his account entails the deletion of all of the User's personal data relating to the use of the Application. As such, the User ensures they have taken all measures possible to keep their data, prior to requesting for their account to be deleted. Otherwise, iHealthLabs cannot be held responsible for any damage incurred by the user under this loss of data.  

In the event of these GTCU not being adhered to, and/or fraud observed by a third party, the judicial authority or the services of iHealthLabs, iHealthLabs reserves the right to suspend or delete the User’s account.  

Any new request for registration following the deletion of a User’s account under the above conditions, will be subject to the express acceptance of iHealthLabs.

The App is available 7 days a week, 24 hours a day. 

iHealthLabs reserves the right to change, modify or suspend, without notice, access to the App for maintenance reasons or for any other legitimate reason.    

The unavailability of the App does not entitle the User to any compensation.

In the event of any planned unavailability of the App, the User is informed by any suitable means, including being notified by being displayed on the App’s homepage.

Personal data is processed by iHealthLabs during the use of products and Applications installed by the User on a smartphone or tablet.

iHealth processes the Personal Data collected in accordance with all the provisions of Law n°78/17 known as "Informatique et Libertés" of January 6, 1978, as amended by the Law of June 20, 2018 and Regulation n°2016/679 known as "GDPR" of April 27, 2016 (hereinafter the "Applicable Regulations").

The different ways in which personal data is processed have a contractual legal basis established by the general conditions that apply to the user's relationship with iHealth. Data processing is necessary in order to deliver the results expected by the User, according to their use of iHealth products or services.

The collection and use of your personal data is governed by our Data Protection Policy. We encourage you to read this policy carefully to understand how we handle your personal information and what your rights are.

It is expressly agreed that the computer logs processed by iHealth information systems, its host and its payment providers as well as the data collected in using the App, are considered to be valid means of proof between the parties.

iHealthLabs liability cannot be engaged, directly or indirectly, due to damage suffered by the User or their equipment, connected to:

• A temporary interruption or unavailability of the Applications service;
• An interruption in the Applications service due to any behavior on the part of the User, whether at fault or not;
• Any incident or interruption of the App caused by malfunction and/or a mismatch of the User’s equipment, hardware and/or software and infrastructure;
• A case of force majeure as defined by the jurisprudence of the French Supreme Court (Cour de Cassation)
• The non-authorised intervention of a third party in iHealthLabs IT system, causing the distribution of harmful software.

The data displayed by the App is for information only, and depends, in part, on the configuration made by the User and the software environment in which it is installed. iHealthLabs cannot be held responsible for any inaccuracies, inconsistencies or errors of the App and the data displayed.    

Likewise, iHealthLabs cannot be held responsible for the use of the data, and in particular Personal Data, by applications developed by third parties that the User uses.

It is reminded here, that the configuration of the User’s mobile devices and apps is done under the exclusive control of the User and under his sole responsibility.

iHealthLabs grants to the User, a personal license, private and non-commercial, which gives them a right of use and access to the App, excluding any authorisation to reproduce what has been created, whatever its legal nature (software, source code, database, images, sounds, texts, graphics, audiovisual and other sequences).

Reusing the logo, graphics and trademarks of iHealthLabs must be the subject of a prior request to iHealth.        

The User is informed that all elements of the App are protected by the Intellectual Property law in France and similar rights in other countries, in particular to protection granted by international conventions to works, trademarks and patents and are the exclusive property of iHealth.

Without prior written consent from iHealth, the User is therefore prohibited, under penalty of civil and criminal infringement sanctions, from reproducing or having reproduced what has been created, in whole or in part, temporarily or permanently, by any means, known or unknown, in any medium, including and not limited to any website, intranet network, email system, removable media, network of decentralised and peer-to-peer exchange, weekly publications, magazines, reviews, catalogues, brochures, flyers, prospectuses, notices, mailings, advertising or promotional files including press and training, posters, placards, posters, maps, board, signs and packaging for all products, publications and works of any kind.     

This prohibition also extends to any reproduction or distribution on electronic media, and in particular, over the internet, mobile telephone networks, ADSL networks, wireless networks, cable or satellite networks, as well as on personal mobile devices, like digital music players, phones and touchscreen tablets.        

For any dispute that may arise on the interpretation or execution of this agreement, the parties agree to apply French law. The parties will refer their dispute to the competent courts in the framework of executing this contract.