Terms of Use

Terms of Use for the Delta Service.

Preamble

These Terms of Use, hereinafter referred to as the “Terms”, govern access to and use of the Delta software, hereinafter referred to as the “Service”, published by:

Delta Labs SAS, a French simplified joint-stock company with share capital of EUR 1,000, registered with the Niort Trade and Companies Register under number 102 094 448, SIRET number 102 094 448 00010, whose registered office is located at 11 BIS Allée du Muguet, 79200 Parthenay, France.

• Intra-Community VAT number: FR36102094448
• Email address: admin@mydelta.app
• Telephone: +33 7 66 80 89 66
• President: Grégory Ilan Muschel

Delta is intended exclusively for practitioners using the Service in the course of their professional activity. Patients or other individuals supported by those practitioners are not direct users of Delta.

Subscriptions to paid plans are governed by the Terms of Sale. The processing of personal data is described in the Privacy Policy and, where the User entrusts Delta Labs with processing personal data on their behalf, in the Data Processing Agreement.

Supplemental provisions may be presented to the User depending in particular on their country of establishment, territorial subdivision or profession. Where applicable, those provisions supplement these Terms and prevail in relation to their specific subject matter.

Where several legal documents are clearly identified and presented with a single confirmation checkbox, selecting that checkbox and confirming the process constitutes acceptance of each version identified. The User must be able to review each document before confirming their acceptance.

Article 1 — Definitions

The following terms, when capitalised, have the meanings set out below:

• “Account”: the personal workspace created to allow the User to access the Service.
• “User”: the natural person using Delta in the course of their professional activity, on their own behalf or on behalf of an organisation they are authorised to represent.
• “Patient”: any person supported or cared for by the User and about whom information is processed through the Service.
• “Patient Data”: information relating to a Patient processed through Delta, including identification information, notes, session data, audio recordings, transcripts and reports.
• “User Content”: any information, note, instruction, data, file or other content entered, imported, recorded or transmitted by the User.
• “Generated Content”: any draft, transcript, summary, report or other content automatically produced by the Service from User Content.
• “Service”: the Delta software and the features accessible through its web application or desktop application.

Article 2 — Purpose, features and intended use of the Service

2.1 Service features

Delta is a tool that assists the User with organising and documenting their professional activity.

Depending on the subscribed plan, the platform used and the available features, the Service may notably allow the User:

• to create and manage Patient records;
• to create and organise sessions;
• to enter and edit notes;
• to optionally record the audio content of a session;
• to transcribe recordings;
• to generate draft session reports from available notes, transcripts and information;
• to organise the documentary history of Patients and sessions;
• to review, correct, validate or delete content stored in Delta.

The exact availability of features, their limits and their quotas are indicated in the Service and, where applicable, on the pricing page.

2.2 Exclusively documentary intended use

Delta is intended by Delta Labs for organisational, transcription and document-drafting assistance purposes.

Delta is not intended to:

• establish or suggest a diagnosis;
• prevent, detect, monitor, predict, provide a prognosis for or treat a disease;
• prescribe or recommend treatment;
• perform triage or determine a level of risk;
• make a clinical or therapeutic decision;
• monitor a person’s condition in real time;
• detect an emergency;
• replace the judgement, expertise or intervention of a professional.

Delta is not an emergency service and must never be used as the sole means of detecting, reporting or responding to a situation that presents a risk to any person.

The User undertakes to use Delta in accordance with this documentary intended use. Any expansion towards a medical or decision-making purpose must be separately assessed by Delta Labs before it is made available.

2.3 Features relying on artificial intelligence

Some Delta features rely on artificial intelligence systems and automated services.

Due to their nature, Generated Content may notably:

• contain errors;
• omit certain information;
• present information inaccurately or incompletely;
• misinterpret a transcript or note;
• produce content that is inappropriate for the relevant professional context;
• vary when generated from identical or similar information.

All Generated Content constitutes a draft. It does not become validated information in the Patient’s professional record merely because it was generated or displayed in Delta.

Article 3 — Eligibility, registration and professional information

3.1 Professional use

The Service is reserved for persons who use it in the course of their professional activity.

The User represents that they:

• are of legal age and have the capacity required to accept these Terms;
• are authorised to carry out the professional activities declared in their profile;
• comply with any authorisation, qualification, registration, insurance or professional conduct requirements applicable to their activity;
• do not use the Service as a consumer for purposes unrelated to their professional activity.

The ability to select a profession in Delta does not constitute verification or certification of the User’s professional qualifications by Delta Labs.

3.2 Account creation and use

The User must provide accurate, complete and up-to-date information, including their identity, professions, country of establishment and, where requested, the territorial subdivision in which they practise.

They must update this information whenever it changes.

The Account is personal. The User must not share their credentials or allow an unauthorised person to use their Account.

3.3 Country of establishment and availability of the Service

The availability of the Service may depend on the country or territorial subdivision in which the User practises.

Where no specific document has yet been established for a jurisdiction, Delta Labs may present a general legal corpus. Use of this general corpus does not constitute certification that the User’s activity complies with the laws of the relevant jurisdiction.

The User remains responsible for ensuring that their use of Delta is compatible with the rules applicable to their activity, including those relating to professional practice, professional confidentiality, data protection, recording conversations and record retention.

Delta Labs may restrict or prohibit use of the Service in a jurisdiction where necessary to comply with a legal, regulatory or security requirement, or with Delta’s operational capabilities.

Article 4 — Account security

The User undertakes to:

• choose and keep their authentication credentials confidential;
• not disclose their credentials to any third party;
• enable additional security mechanisms where they are offered or made mandatory;
• protect the devices used to access the Service;
• keep their systems, browsers and applications up to date;
• sign out from shared or unsecured devices;
• promptly inform Delta Labs of any lost credentials, unauthorised use or suspected compromise.

Delta Labs may temporarily suspend an Account where that measure is reasonably necessary to protect the User, Patients, the Service or other users.

Article 5 — Rules of use

The User undertakes to use the Service in accordance with its intended use, these Terms and the rules applicable to their activity.

In particular, the User must not:

• use Delta for any unlawful or fraudulent activity or in a manner that infringes the rights of a third party;
• access or attempt to access another person’s Account or data;
• circumvent security, authorisation, quota or billing mechanisms;
• introduce malicious code or disrupt the operation of the Service;
• conduct security or load tests without Delta Labs’ prior authorisation;
• copy, assign, lease, resell or make the Service available to a third party without authorisation;
• decompile, disassemble or reverse engineer the Service, except to the extent expressly permitted by law;
• use the Service or Generated Content to automate a clinical or therapeutic decision or a decision that may have a significant effect on a Patient;
• use Delta in a manner that may compromise the confidentiality, security or rights of a Patient.

A plan presented as unlimited remains subject to normal professional use. Delta Labs may intervene in the event of use that is manifestly abusive, automated, fraudulent or likely to impair the Service for other users.

Article 6 — Patient Data and the practitioner’s obligations

6.1 Respective responsibilities

The User determines the reasons for processing Patient Data and the conditions under which such data is collected and used.

Where the User acts as a controller within the meaning of the GDPR, or in an equivalent role under another law, Delta Labs processes Patient Data on the User’s behalf in accordance with the Data Processing Agreement.

This allocation of roles does not release Delta Labs from its own legal and contractual obligations as a service provider or processor.

6.2 Lawfulness and data minimisation

Before introducing Patient Data into Delta, the User must:

• have a valid legal basis or authorisation for processing it;
• provide data subjects with the information required by applicable law;
• comply with their professional and ethical obligations;
• limit the data entered to what is necessary;
• verify that the data is associated with the correct Patient;
• take appropriate precautions where several people are mentioned during a session.

The User must not enter into Delta information whose processing is prohibited or that is unnecessary for use of the Service.

6.3 Recording sessions

Audio recording is optional. The User may create a session and enter notes without enabling recording.

Before any recording, the User must clearly inform all persons concerned and obtain their consent or any other authorisation required by applicable law.

Where the recorded person is a minor or subject to a protective measure, the User must verify the applicable specific rules and obtain the required authorisations.

The User must not use Delta to record a person without their knowledge where the law requires that person to be informed or to provide consent.

Any indications displayed by Delta during recording do not replace the information or consent procedures for which the User is responsible.

Article 7 — Validation and use of Generated Content

The User must review, verify and, where necessary, correct each item of Generated Content before:

• considering it final;
• incorporating it into a professional record;
• using it in the course of their activity;
• communicating it to a Patient, colleague or third party;
• making a decision based on its content.

The User remains responsible for documents they validate, use or transmit in the course of their professional activity.

A transcript is not necessarily an accurate or exhaustive reproduction of a conversation. Its quality may notably depend on the equipment, sound environment, connection, language, accent and quality of the recording.

Generated Content must never be used as the sole source of information where an error or omission could present a risk to any person.

Article 8 — Data protection and confidentiality

Personal data processing carried out by Delta Labs for its own purposes is described in the Privacy Policy.

Processing carried out by Delta Labs on behalf of the User is governed by the Data Processing Agreement where it applies.

Those documents notably specify:

• the categories of data processed;
• the purposes of the processing;
• the roles and obligations of the parties;
• the relevant technical service providers;
• the applicable security measures;
• any international transfers;
• retention periods;
• the conditions governing assistance, return and deletion.

Delta Labs implements technical and organisational measures designed to protect the data processed. As no computer system can guarantee absolute security, the User must also apply the security measures relating to their own environment.

The end of a paid subscription does not automatically delete the Account or all associated data. Retention and deletion arrangements are specified in the Privacy Policy, Data Processing Agreement and Terms of Sale.

Article 9 — Intellectual property

9.1 Ownership of the Service

Delta Labs or its licensors own the rights relating to the Service, including the software, interfaces, graphic elements, trademarks, databases, documentation and technical components.

Subject to compliance with the applicable legal documents, Delta Labs grants the User a personal, limited, non-exclusive, non-assignable and non-transferable right to use the Service for their professional needs.

No ownership rights in the Service are transferred to the User.

9.2 User Content

The User retains the rights they hold in User Content.

The User authorises Delta Labs to host, reproduce, transmit, transform and process that content only to the extent necessary to provide, secure, maintain and technically improve the Service, in accordance with the applicable documents and the User’s lawful instructions.

The User warrants that they have the rights and authorisations required to entrust that content to Delta Labs.

9.3 Generated Content

Delta Labs does not claim exclusive ownership rights in Generated Content provided to the User.

Whether Generated Content can be protected, used or exploited depends on its content and applicable law. Identical or similar content may be generated for several users.

Generated Content may contain elements derived from User Content or information that cannot be exclusively appropriated.

Article 10 — Availability, maintenance and changes

Delta Labs provides the Service on a reasonable endeavours basis.

The Service may be temporarily interrupted, slowed down or made unavailable, notably due to:

• maintenance;
• an update;
• a security incident;
• a failure affecting a service provider or network;
• an operation intended to protect data or infrastructure;
• an event reasonably beyond Delta Labs’ control.

Delta Labs endeavours to inform Users of planned operations likely to cause a significant interruption where circumstances allow.

Unless otherwise agreed in writing, Delta Labs does not guarantee uninterrupted availability or any specified service level.

Delta Labs may change the Service to improve its operation, security or compliance. A change materially affecting a paid feature during a period that has already been paid for will be handled in accordance with the Terms of Sale and applicable law.

The Service must not constitute the User’s sole business-continuity, mandatory archiving or emergency-management system.

Article 11 — Support

The User may contact Delta Labs at admin@mydelta.app to report an issue relating to the Service.

Delta support is not an emergency service and does not provide medical, clinical, legal or professional-conduct advice.

To protect Patient confidentiality, the User must avoid sending support any Patient Data that is not strictly necessary to handle their request.

Article 12 — Suspension, restriction and termination of use

Delta Labs may suspend or restrict all or part of the Service, notably in the event of:

• a breach of these Terms;
• fraudulent, unlawful or dangerous use;
• an actual or potential threat to the security of the Service;
• an attempted unauthorised access;
• non-payment under the conditions provided for in the Terms of Sale;
• a legal or regulatory obligation;
• unavailability of the Service in the User’s jurisdiction.

Where circumstances allow, Delta Labs informs the User of the reason for the measure and gives them a reasonable period in which to remedy the situation. Immediate action may be taken where necessary to prevent a risk, comply with the law or protect data and the Service.

The commercial consequences of a suspension or the end of a subscription are governed by the Terms of Sale.

The User may stop using Delta at any time. They may delete certain data using the functions available in the Service or request deletion of their Account by contacting admin@mydelta.app.

Deletion remains subject to legal retention obligations, evidential requirements, ongoing disputes, security requirements and the technical backup cycles described in the applicable documents.

Article 13 — Liability

13.1 Liability of Delta Labs

Delta Labs is liable for direct and foreseeable damage that the User demonstrates resulted from a breach by Delta Labs of its obligations.

To the extent permitted by law, Delta Labs is not liable for:

• professional, clinical or therapeutic decisions made by the User;
• use of Generated Content that has not been reviewed or validated;
• use of the Service contrary to its intended purpose;
• incorrect or incomplete information provided by the User;
• a failure originating from the User’s equipment, connection or IT environment;
• indirect damage, loss of revenue, loss of opportunity or indirect commercial harm.

To the extent permitted by law, Delta Labs’ total aggregate liability is limited to the higher of:

• the amounts excluding tax paid by the User for the Service during the twelve months preceding the event giving rise to liability;
• one hundred euros.

This limitation does not apply where limitation of liability is prohibited by law, including in cases of wilful misconduct or gross negligence, personal injury or liability that cannot legally be excluded or limited.

13.2 Liability of the User

The User is responsible for:

• the lawfulness of their use of the Service;
• their professional decisions and actions;
• compliance with their information, confidentiality and consent obligations;
• the accuracy of the data they enter;
• validation of Generated Content they use or transmit;
• the security of systems and devices under their control.

This responsibility does not deprive the User of any remedy available in the event of a breach attributable to Delta Labs.

Article 14 — Force majeure

Neither party may be held liable for a failure resulting from an event reasonably beyond its control that meets the requirements of force majeure under applicable law.

The affected party informs the other party within a reasonable period and takes proportionate measures to mitigate the consequences of the event.

Article 15 — Changes to these Terms

Delta Labs may amend these Terms to take account notably of:

• a legal or regulatory development;
• a change to the Service;
• a security requirement;
• a change to the intended purpose or features;
• a change affecting service providers or processing activities;
• the correction or clarification of a provision.

Each version is separately identified and retained.

Depending on the nature of the change, Delta Labs may:

• publish the new version without individual notice where the change is purely formal and has no adverse effect;
• inform the User by email before it takes effect;
• require new express acceptance where the change is substantial and necessary for continued provision of the Service.

Email notice does not, by itself, constitute express acceptance.

Where express acceptance is required, the User has, during the announced notice period, the opportunity to review the new terms, accept them or manage their subscription. After the effective date, access to the Service may be restricted until acceptance is provided.

Delta Labs shall then ensure that a new paid period does not begin during a period in which access would be deliberately blocked solely for that reason. Late acceptance may require a new Delta Pro subscription.

Article 16 — Evidence

Electronic records retained by Delta Labs may serve as evidence of operations carried out through the Service, including:

• the version and language of the documents presented;
• the fingerprint of the accepted documents;
• the identity of the Account;
• the date and time of acceptance;
• the technical information required to trace that acceptance;
• creation, modification, validation or deletion actions performed through the Service;
• requests submitted to support.

These records are retained under conditions designed to preserve their integrity, in accordance with the applicable rules of evidence.

Article 17 — Governing law, language and contact

These Terms are governed by French law, subject to any mandatory provisions that may apply to the User in their country of establishment.

In the event of a dispute, the parties shall endeavour to find an amicable solution. The User may contact Delta Labs at admin@mydelta.app, describing the issue and the requested resolution.

If no amicable resolution is reached, the dispute shall fall within the jurisdiction of the competent courts determined in accordance with the applicable legal rules.

These Terms are provided in French and may be translated into other languages.

The French version is the reference version. In the event of any discrepancy in interpretation between a translation and the French version, the French version shall prevail, subject to applicable mandatory rules.

If any provision is declared invalid or unenforceable, the remaining provisions shall remain in force.

For any question concerning these Terms:

• Email address: admin@mydelta.app
• Telephone: +33 7 66 80 89 66
• Postal address: Delta Labs SAS, 11 BIS Allée du Muguet, 79200 Parthenay, France