CONDITIONS GÉNÉRALES D’UTILISATION

SITE WEB WWW.OLYTHE.IO

Dated 06/01/2020

Use of the Application published by OLYTHE implies unconditional acceptance of the following provisions by any User wishing to benefit from the Services delivered by the Application. The most recent version is authoritative.

ARTICLE 1.   Legal Identity

The Application is published by OLYTHE, a simplified joint stock company with a share capital of €1,300,000.00, registered with the Aix-en-Provence Trade and Companies Register under number 791 392 236, having its registered office at 240 rue Louis de Broglie, les Méridiens, Bâtiment B, 13100 Aix-en-Provence, France, represented by Mr Guillaume NESA, its current President, sole owner of all intellectual property rights to the Application, which may also be referred to individually the “Party” or collectively with the User as the “Parties”;

Hereinafter referred to as “OLYTHE”,

ARTICLE 2.   Definitions

The following terms, whether used in the singular or plural herein, shall always have the following definition:

“Application”

Refers to the mobile iOS or Android application for testing and monitoring alcohol consumption called “OCIGO”, available via the “AppStore” and “PlayStore”, developed, published and hosted by OLYTHE, which holds exclusive ownership thereof. Use of the Application is effectively granted by OLYTHE to the User under these GTCU, in accordance with the User Licence described in Article 10 below;

“OCIGO Device”

Refers to the device connected by Bluetooth to the User’s Smartphone which communicates information to the Application, such as Device Status, measurement data and battery level. The User must specifically order the Device from OLYTHE. The operating instructions are provided with the Device;

“User Account”

Refers to the account created by the User at the time of their use of the Application, in accordance with the procedure described in Article 5.1 hereof, and from which the User may access the Services based on their Profile, in accordance with the provisions of Article 5.1.3 and the User Licence described in Article 10 hereof;

 

“Data”

  • User Data: Refers to all the User’s Personal Data, as well as all data over which the User holds an intellectual property right, provided by the User in the context of the use of the Services provided;
  • Personal Data: Refers to all types of information, data and content collected in the context of the use of the Services provided by the Application, which, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, make it possible to directly or indirectly nominate or identify a natural person;

 

“Profile”

Refers to all information specific to each User. The User has a profile which allows them to access their test history;

“Services”

Refers to all the services which OLYTHE provides to Users through the Application, under these GTCU;

 “User”

Refers to the natural person covered by a User Licence and authorized as such to access the Application and thus benefit from the Services;

ARTICLE 3.   User Acceptance – Disclaimer

These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) are expressly agreed and accepted by the User, who declares and acknowledges that they are fully aware of them.

In any event, should the User start to use any of the Services offered by the Application, they shall be subject to these GTCU. The User is therefore deemed to have accepted all of the rules stipulated herein, as well as those that may be listed in any document available on the Application, incorporated into these GTCU by reference and which govern their relationship with third parties and with OLYTHE.

These GTCU are enforceable throughout the duration of use of the Application, and until new GTCUs supersede the present document.

As the Application can be made available to any other user via the “guest” mode, the User ensures that any guest users comply with these GTCU, and shall act as a guarantor for them in respect of OLYTHE.

ARTICLE 4.  Changes

OLYTHE reserves the right to change these GTCU at its sole discretion, based on technical developments in the Application or any legislative changes.

As a general rule, the use of the Application by the User is always subject to the most recent version of the GTCU available to Users at the time of such use. It is the User’s responsibility to consult the GTCU within their account as often as necessary.

ARTICLE 5. ACCESS TO THE SERVICE

5.1 User Profile

5.1.1 Profile Creation

After installing the Application via an official distribution store such as AppStore for iOS or PlayStore for Android, the User must accept these General Terms and Conditions of Use.

If the GTCU are not accepted, the application cannot be used and will close automatically.

Once the GTCU have been accepted, the User can create a profile by accessing the Application Profile page, where they may enter the following information:

  • Name of User;
  • User language;
  • The country for which the User wishes to know the regulatory BAC limits for driving;
  • The User’s driver category according to when they obtained their driving licence (novice or experienced) and according to their use (personal or professional);
  • The unit of measurement in which the User wishes to display their alcohol level;
  • The telephone number of the person named as the designated Driver, that the User wishes to inform where permitted by the Application, in the event of a “reprehensible” or “criminal” result.

5.1.2 Profile Publication

The information provided on the Profile is stored locally on the User’s smartphone, and is not sent to OLYTHE or to third parties.

The User is under no obligation to provide accurate Personal Data at any time. Nevertheless, information on the country and driver category is necessary for optimal use of the Services, including test history and interpretation of analysis results.

5.2 Responsibility for Access to the Application

The Application does not have any locking function. Therefore, any third party with access to the User’s smartphone will be able to access the Application and the Data it contains, including Personal Data and test history.

ARTICLE 6. General Description of Services

OLYTHE has designed a breathalyzer to measure the alcohol content in exhaled air.

The OCIGO Device is a new generation of electronic breathalyzer. By combining the accuracy of infrared spectroscopy measurement with powerful algorithms, OLYTHE offers highly reliable and accurate technology.

The detection of alcohol by infrared spectroscopy was originally developed for alcometers used by professionals and law enforcement agencies. Based on its know-how, OLYTHE has succeeded in miniaturizing this cumbersome technology in order to make it portable and accessible to all.

The results obtained are expressed by default in mg/L of exhaled air, or in another unit of measurement of alcohol content, in exhaled air or in blood, as selected 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 the risk incurred in the event of driving.

The User is also informed of the time required for their alcohol level to fall to zero.

For more information about the Application and the Device, the User can consult the website at https://www.olythe.io, or read the information available on the Application’s download store.

The Services are subject to change without the prior consent of the User.

The User acknowledges and accepts that their use of the Application is governed by the status of the Services and the features available at the time of use.

ARTICLE 7. Liability – Limitation – Warranties

The OCIGO Device analysis results sent to the Application have a level of reliability equivalent to that of professional devices. Calculations for the time required to return to an alcohol level of zero are based on current scientific data.

OLYTHE cannot however guarantee these results and calculations, which are for information purposes only, to inform the User and assist them with their choices, particularly as regards regulations.

Consequently, OLYTHE cannot be held liable for:

  • A poor understanding or application of the applicable law in the country in which the Device and Application are actually used;
  • Any misinterpretation of the results displayed by the Application;
  • Any errors included in the information content provided by the Application, particularly in the “Alcohol and Health”, “OCIGO Technology” and “Alcohol and Driving” menus;
  • An analysis error that may mislead the User about their blood alcohol content;
  • Any damage suffered by the User related to his or her blood alcohol content, regardless of the “reprehensible”, “criminal” or “not reprehensible” result displayed and regardless of the measurement shown;
  • Any offence committed by the User following the use of the Application;

It is also specified that the reliability of the results and calculations depend on the User’s strict compliance with the Device instructions for use, detailed in the operating instructions provided, and on the recommendations made by OLYTHE in the Application.

ARTICLE 8. Obligations of the User

Without prejudice to the other obligations defined elsewhere in these GTCU, the User must:

  • Ensure that they are of the age required to use the Application and comply with local alcohol consumption regulations;
  • Use the Application only for personal use and refrain from testing a third party without their consent;
  • Refrain from sharing a negative result by reporting the committing of an offence;
  • Refrain from sharing results to encourage alcohol consumption;
  • Refrain from sharing results in order to brag about excessive alcohol consumption;
  • As a general rule, refrain from sharing any information that could damage OLYTHE’s image or reputation;
  • Ensure that they are up to date with laws and regulations related to alcohol consumption and road safety;

ARTICLE 9. Violation

Any violation of these GTCU authorizes OLYTHE to initiate any legal or criminal proceedings to stop such violation and to claim compensation for harm caused to it.

ARTICLE 10. User Licence for the Application

10.1 Scope of the rights granted

OLYTHE grants to the User (who accepts), for the duration of use of the Application, the non-exclusive, non-transferable and non-assignable right to use the Application, within the strict limit of the Area of Use hereinafter defined, in the Territory, in strict compliance with the provisions set out herein (hereinafter the “Licence”).

The User expressly acknowledges that all rights relating to the Application remain the exclusive property of OLYTHE.

The User may not sell, assign, publish, present or disclose these rights, or otherwise make them available to third parties by any means whatsoever.

10.2- Area of Use

This Licence is expressly limited to actions which are necessary to the use of the Application by its Users.

10.3 Restrictions on Use

Use of the Application published by OLYTHE and made available to Users is subject to the limitations described below.

This Licence is strictly personal and the User may not assign, transfer or delegate any rights or obligations that they hold under this Licence without OLYTHE’s prior written consent.

As an indication, OLYTHE prohibits any User from doing any of the following without its written authorization:

  • Making any copy of all or part of the software solutions comprising the Application;
  • Permanently or temporarily reproducing the Application made available, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the software;
  • Practising reverse engineering, decompiling or disassembling the Application, computer program(s) or software solution(s);
  • Modifying, altering, adapting or making any change of any kind whatsoever to the presentation and content of the Application, computer program(s) and software solution(s), trademark, trade name, logos etc. affixed to the Application, its presentation, and from removing the identification and ownership notices from the Application, including the names of contributors;
  • Translating, adapting, arranging or modifying all or part of the Application, exporting it or merging it with other computer applications;
  • Deleting or alter as they may appear on the presentations or in the content of the Application, computer program(s) and software solution(s);
  • Renting the Application;
  • Publishing, without OLYTHE’s prior written consent, any performance or evaluation test or analysis relating to the Application.

 

10.4 Duration

Once conceded, this Licence is granted for the duration of use of the User Account.

10.5 Territories

This Licence is expressly limited to the territories of the entire World.

ARTICLE 11. Equipment

The use and maintenance of any equipment required in order to access the Application is the responsibility of the User, who will bear the costs thereof alone. OLYTHE shall not be liable for any damage to any equipment in connection with the use of the Application.

ARTICLE 12. Personal Data

The User is informed that OLYTHE does not collect or store any of the User’s Personal Data.

Thus all Data entered by the User when creating their profile remains under the exclusive control of the User, who can amend it.

In addition, the results, statistics and history generated by the Application during its use are not sent to OLYTHE or to third parties, and the User is able to reset them at any time.

ARTICLE 13. Intellectual Property

OLYTHE retains ownership of all intellectual property rights to the Application, and more generally all components reproduced or used on the Application are protected as intellectual property, including graphics, trademarks, logos, designs, text, slogans and multimedia content (the “Components”).

In particular, OLYTHE has registered designs with the European Union Intellectual Property Office (EUIPO) under the following numbers:

  • 005332004-0001
  • 005332004-0002
  • 005332004-0003

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Components, without the prior written consent of OLYTHE, is strictly prohibited.

The User acknowledges and accepts that access to the Application and the computer program(s) and software solution(s) made available to it by OLYTHE shall not entail any transfer or concession of intellectual property rights (in particular trademark rights or copyright) or other rights for the benefit of the User.

Any breach of this clause may result in an infringement of copyright, trademark or other intellectual property rights that may expose the User to civil and/or criminal penalties.

The fact that OLYTHE does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of the said uses or waiver of prosecution.

The User undertakes to inform OLYTHE without delay of any infringement of the latter’s intellectual property rights that they may become aware of.

ARTICLE 14. Applicable Law and Jurisdiction

These 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.

© Olythe 2019 - Tous droits réservés