MyHealthFriend (MHF) – Terms of Use

IMPORTANT – PLEASE READ CAREFULLY: These Terms and Conditions (the “Terms of Use”) govern your use of the MyHealthFriend application (the “Product”), including all updates, patches, and related services provided to you, as well as any available content. These Terms define the basis upon which CHU Nice makes the Product available to you (the “User”) and under which you may use it.

The MyHealthFriend Privacy Policy (the “Privacy Policy”), available at the following link https://myhealthfriend.eu/privacy-policy/, is an integral part of these Terms of Use.

The Product was developed in collaboration with Kyomed Innov and MedClinik SAS, acting as subcontractors under the supervision of CHU Nice, to provide you with a personalized health and wellness monitoring solution. These entities are responsible for maintaining and managing the technical infrastructure and associated services.

CHU Nice reserves the right to change, modify, add, or remove provisions from these Terms of Use at any time, in accordance with Article 10 below.

The use of the Product involves the collection and processing of certain personal data, such as information required to create your account (e.g., name, email address), as well as data related to your wellness progress and goals. Such information is processed in accordance with our Privacy Policy and applicable regulations.

In the context of personal data processing through the application, CHU Nice acts as the Data Controller, and a Data Processing Agreement has been signed with Kyomed Innov and MedClinik SAS as Data Processors, in accordance with European data protection laws.

The Data Processing Agreement defines the obligations of the processors regarding the protection of personal data collected and processed via the MyHealthFriend application.

Article 1 – Important Notices

1.1 The Product is not a medical device and does not provide medical advice, diagnoses, or treatments. Any recommendations generated are for general wellness purposes only. You should always consult a qualified healthcare professional regarding medical concerns or decisions. CHU Nice accepts no liability for decisions made based on the use of the Product.

1.2 The Product is intended for individuals aged 18 years or older. Users aged 14–17 may use the Product exclusively as part of an approved research study and only with the consent and supervision of a parent or legal guardian, in accordance with applicable data protection and research ethics regulations in their country of residence. By accepting these Terms of Use, you confirm that you meet these age and participation requirement.

1.3 MyHealthFriend helps you monitor your well-being. It is free to use. You must follow the rules, protect your account, and understand that this is not medical advice. Data is processed in accordance with GDPR rules.

Article 2 – License Grant

2.1 CHU Nice grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free right to install and/or use the MyHealthFriend application in France and Italy solely for the purpose of assisting users in managing their well-being, following personalized recommendations provided by the platform, and documenting the progress of their wellness objectives (the “License”). This license remains valid until you or CHU Nice terminate these Terms of Use. You must not use, or allow third parties to use, the platform beyond the functionalities and purposes intended by MyHealthFriend.

2.2 All titles, property rights, and intellectual property rights in and to the platform (including, without limitation, all texts, graphics, essays, articles, music or sounds, messages or informational elements, names, themes, objects, illustrations, diagrams, videos, domain names, and any other elements forming part of the Product, individually or collectively) and all copies thereof remain the property of CHU Nice, MedClinik SAS (a subsidiary of 360Medlink Inc.), or their respective licensors. The MyHealthFriend platform is protected by national and international laws, treaties, and conventions governing copyright and other proprietary rights. Certain materials included in the platform may be licensed, in which case the licensors may enforce their rights in case of breach. Any reproduction or representation of such licensed material, in any form, is prohibited without prior written consent from CHU Nice, MedClinik SAS, or their partners. Except as expressly stated herein, all rights not granted to you are expressly reserved.

2.3 This license does not confer any title or ownership interest in the MyHealthFriend platform and shall not be interpreted as a sale or transfer of rights over the platform.

Article 3 – User Obligations

3.1 You must use the Product in strict compliance with these Terms of Use and all applicable laws and regulations. You agree not to use the Product in any manner that could damage, disable, overburden, or impair the proper functioning of the Product or interfere with any other party’s use of it.

3.2 You are strictly prohibited from engaging in the following actions:

  • Decompiling, reverse engineering, disassembling, attempting to derive the source code, or decrypting the Product;
  • Modifying, adapting, enhancing, translating, or creating derivative works based on the Product;
  • Violating any applicable law, rule, or regulation related to your access or use of the Product;
  • Removing, altering, or concealing any proprietary notices (including copyright or trademark notices) of CHU Nice, Kyomed Innov, MedClinik SAS, or their licensors;
  • Using the Product for any revenue-generating, commercial, or other purpose for which it was not designed or intended;
  • Creating or using the Product to develop a product or service that competes with or substitutes for CHU Nice’s services, products, or software in any way;
  • Creating, using, sharing, or publishing any material (text, images, sounds, videos, etc.) related to the Product that violates confidentiality obligations, infringes intellectual property or privacy rights, or incites illegal acts (e.g., hacking, software piracy);
  • Altering, blocking, overloading, disrupting, or hindering the normal operation or accessibility of the Product, or performing penetration tests without authorization;
  • Transmitting or uploading offensive or unlawful content (threatening, abusive, defamatory, obscene, racially or sexually explicit, etc.);
  • Connecting devices that do not comply with security requirements (e.g., password protection, antivirus, software updates);
  • Spreading malware, viruses, worms, or engaging in attacks against CHU Nice, MedClinik SAS, or their partners’ systems;
  • Allowing others to use the Product with your account credentials.

3.3 You are responsible for protecting the devices used to access the Product against loss, theft, and security breaches by maintaining updated antivirus software and applying relevant security measures. You must provide accurate information when creating your account and keep it up to date. You are also responsible for maintaining the confidentiality of your login credentials and for any activities carried out under your account. In the event of unauthorized use of your account, you will be held liable for any misuse and agree to indemnify CHU Nice, MedClinik SAS, and their partners for any resulting damage. Any unauthorized use must be reported without undue delay. Access to your account may be automatically blocked after three (3) failed login attempts. If you use the export function to extract data from MyHealthFriend, you are solely responsible for the management and protection of the exported data in compliance with applicable laws after extraction.

3.4 CHU Nice reserves the right to suspend or block access to the Product and/or your account immediately and without prior notice if it reasonably suspects fraudulent activity, security breaches, or violations of these Terms of Use. This measure is intended to protect both users and the integrity of the system. CHU Nice will notify you as soon as reasonably possible of any such suspension.

Article 4 – Usage Data

4.1 For the sole purposes of (i) developing and improving the MyHealthFriend platform based on usage indicators (KPIs) and (ii) troubleshooting through error reports, you hereby grant CHU Nice, Kyomed Innov, and MedClinik SAS a non-exclusive, worldwide, royalty-free, sublicensable, and transferable right to use anonymized and aggregated usage data (as defined in the Privacy Policy), expressly excluding any patient-related or identifiable user data.

4.2 If you submit ideas, suggestions, proposals, or bug reports (“feedback”) to CHU Nice or MedClinik SAS, you grant these entities a perpetual, worldwide, royalty-free, sublicensable, and transferable right to use such feedback to adapt, improve, or modify the MyHealthFriend platform or related products and services.

4.3 For more information on how CHU Nice, Kyomed Innov, and MedClinik SAS collect, use, share, or otherwise process information about you and your use of the MyHealthFriend platform, please refer to the Privacy Policy.

Article 5 – Scheduled Downtime

5.1 Your access to MyHealthFriend may be temporarily interrupted or restricted for various reasons, including bug fixes, technical updates, improvements, or maintenance work. CHU Nice and its subcontractors Kyomed Innov and MedClinik SAS will endeavor to minimize such interruptions and, where possible, schedule them outside peak hours.

5.2 Unforeseen interruptions may occur due to urgent technical issues or circumstances beyond CHU Nice’s control, such as network failures or emergency system security interventions. In such cases, CHU Nice will restore access to the Product as soon as reasonably possible. Users will be notified in advance, whenever feasible, of planned maintenance that may affect access or use of the Product.

Article 6 – Fees

The MyHealthFriend Product is provided to the User free of charge. No fees, subscriptions, or other costs are charged to the User for installation, use, or access to the basic features of the Product.

Article 7 – Disclaimer; Limitation of Liability

7.1 The Product is provided “AS IS.” CHU Nice, MedClinik SAS, Kyomed Innov make no express, implied, or statutory warranties of any kind, including but not limited to: compliance, accuracy, timeliness, completeness, reliability, or security of the Product; fitness for a particular purpose; implied warranties of title and non-infringement; or merchantability.

7.2 The Product is not a medical device and is not intended to provide medical advice, diagnosis, or treatment. Any recommendations generated are for general wellness purposes only. Users remain fully responsible for their health decisions and should consult qualified healthcare professionals for any medical concerns. CHU Nice, MedClinik SAS, and Kyomed Innov shall not be held liable for any decisions made by users based on information or recommendations provided through the Product.

7.3 To the fullest extent permitted by applicable law, CHU Nice, MedClinik SAS, and Kyomed Innov shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to the use of, or inability to use, the Product.

7.4 CHU Nice, MedClinik SAS, and Kyomed Innov shall not be responsible for any damage, loss, or liability resulting from delays, service interruptions, system failures, unauthorized access, security breaches, or other events beyond their reasonable control, including events attributable to the user’s device, internet connection, or failure to apply appropriate security measures.

Article 8 – Indemnification

8.1 You are solely responsible for any damage caused to CHU Nice, MedClinik, Kyomed Innov, their licensors, other users of the MyHealthFriend (MHF) application, or any other individual or legal entity as a result of your violation of these Terms of Use.

8.2 You agree to defend, indemnify, and hold harmless CHU Nice, MedClinik, and Kyomed Innov, as well as their licensors, from any claim, liability, loss, damage, fine, or cost (including reasonable legal fees) directly or indirectly resulting from (a) your breach of any provision of these Terms and Conditions, or (b) your use or misuse of the MyHealthFriend application. CHU Nice reserves the right to assume exclusive control of the defense of any claim for which you have agreed to indemnify it. The provisions of this Article shall remain in effect even after termination of these Terms of Use.

Article 9 – Term and Termination

9.1 These Terms of Use take effect on the date you first access or use the MyHealthFriend application on your device and remain valid until terminated in accordance with this Article.

9.2 You may terminate these Terms of Use at any time by uninstalling the MyHealthFriend application from your device and discontinuing all use of the Product. Upon termination, you must delete or destroy any copies of the application and related documentation in your possession.

9.3 CHU Nice may terminate these Terms of Use, or suspend or deactivate your access to the Product, at any time and for any reason, including but not limited to technical, security, or legal considerations, or if you breach any provision of these Terms of Use. Termination or suspension by CHU Nice shall take effect upon notification to you, where feasible.

9.4 In the event of termination, your user account may be deactivated, and your access to the Product may be blocked in accordance with applicable data protection rules. Termination does not affect any rights or obligations accrued prior to termination, including those relating to limitation of liability, indemnification, or applicable law and jurisdiction.

Article 10 – Amendments to the Terms of Use or the Product

10.1 The current version of these Terms of Use can be consulted, downloaded, saved, and printed at any time through the MyHealthFriend application or on CHU Nice’s official website. You are encouraged to review the Terms of Use regularly to remain informed of any updates.

10.2 CHU Nice reserves the right to amend these Terms of Use at any time, for example to reflect changes in applicable laws, technical developments, or modifications to the Product. Any amendment will be published within the MyHealthFriend application and, where appropriate, communicated to users through a notification or by email.

10.3 Except where immediate changes are required by law or for security reasons, you will be notified of amendments at least thirty (30) days before their effective date. The notice will clearly indicate the nature of the changes and the consequences of not objecting to them before they take effect.

10.4 Amendments shall be deemed accepted if you continue to use the Product after the effective date and have not objected within the notification period. If you do not agree with the amended Terms of Use, you may terminate your use of the Product in accordance with Article 9.

10.5 CHU Nice may modify, update, or improve the MyHealthFriend application at any time, including for maintenance, technical optimization, or security purposes. Updates may be installed automatically depending on your device settings, or may require manual installation. CHU Nice may discontinue support for previous versions of the application once an updated version is released.

Article 11 – Miscellaneous Provisions

11.1 If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a competent court, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be deemed deleted without affecting the validity and enforceability of the remaining provisions.

11.2 No amendment or modification of these Terms of Use shall be valid unless made in writing and duly approved by CHU Nice. This shall not affect CHU Nice’s right to amend these Terms in accordance with Article 10.

11.3 CHU Nice may, at any time and upon notice to the user, assign or transfer all or part of its rights or obligations under these Terms of Use to a third party, including subcontractors, provided that all applicable confidentiality and data protection obligations are maintained. The user may not assign or transfer their rights or obligations under these Terms of Use without the prior written consent of CHU Nice, except for monetary claims.

11.4 These Terms of Use may be made available in multiple languages for convenience. In the event of any discrepancy between versions, the French language version shall prevail.

11.5 CHU Nice shall not be liable for any failure or delay in the performance of its obligations under these Terms of Use resulting from events beyond its reasonable control, including but not limited to natural disasters, wars, terrorism, strikes, pandemics, government actions, or internet or telecommunications outages. In such cases, CHU Nice will take reasonable measures to mitigate the effects of such events.

11.6 These Terms of Use are governed by and construed in accordance with French law, excluding its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

11.7 The courts of France shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms of Use, subject to any mandatory provisions of applicable law granting jurisdiction to other courts, in particular those applicable to consumer users.

These Terms of Use were last updated on October 08, 2025.