FramIQ Pro terms of use

1. Publisher

FramIQ Pro is published by Gaspard Blanc, a sole trader (entrepreneur individuel) trading as FramIQ and OBF Studio, osteopath D.O. and bike fitter.

SIREN	930 445 325
SIRET	930 445 325 00028
APE code	86.90E
Address	3C chemin du Néplé, 73420 Viviers-du-Lac, France
Contact	hello@framiq.fr
Personal data	contact@gaspardblanc.fr
VAT	VAT not applicable, Article 293 B of the French general tax code

2. Who the service is for

FramIQ Pro is a strictly professional tool. It is reserved for practitioners and organisations that carry out postural assessments: osteopaths, physiotherapists, bike fitters, shops, sports teams. It is neither designed nor sold for personal use.

By using the service, you declare that you act in the course of your professional activity and hold the qualifications required to receive and examine the people whose data you enter.

3. Access to the service and contractual documents

Access to FramIQ Pro is obtained after getting in touch, through an account provided by the publisher, activated by a code received by email, then by signing in with email and password. There are no in-app purchases and no subscription managed by the App Store.

The contract is formed by the signed order form, to which are annexed the Terms of Sale, these terms, the FramIQ Pro privacy policy and the data processing agreement (DPA, Article 28 GDPR). In case of conflict, the order of priority is: the order form, then the DPA for anything relating to personal data, then the Terms of Sale, then these terms.

In accordance with Article L441-1 of the French commercial code, the Terms of Sale are sent to any professional buyer who requests them at hello@framiq.fr.

4. Nature of the tool

FramIQ Pro is a measurement and decision-support tool. It computes values from measurements you take and proposes settings, but it makes no diagnosis, is not a medical device and never replaces your clinical judgement.

The recommendations produced are indicative. It is up to you to assess them, adapt them to the person you see, and take responsibility for applying them. The accuracy of measurements from video analysis depends on filming conditions and is not guaranteed.

5. Your obligations

• Controller. You are the controller, within the meaning of the GDPR, of your patients' data. The publisher acts as your processor, under the DPA.
• Information and consent. You collect each person's consent before entering their data, using the screen provided in the app, by signature or by a code sent by email. You do not enter health data of a person who has not consented.
• Minors. For a minor patient, consent is given by a holder of parental authority, present when it is collected.
• Hosting. You have been informed that the infrastructure hosting the service is not, at the date of these terms, certified as a health data host under Article L1111-8 of the French Public Health Code, and you take this into account in your own compliance assessment (see the privacy policy).
• Retention periods. The period stated to patients on the consent screen applies: their data is kept as long as you follow them with FramIQ Pro, and deleted at the end of your subscription or earlier at their request. If your professional obligations require longer retention, you export the records concerned before the contract ends.
• Patient requests. You answer your patients' requests for access, rectification and erasure. The publisher assists you under the DPA.
• Account. Your credentials are personal. You are responsible for their confidentiality and for any use made from your account. You report without delay any suspicious use, and the loss or theft of a device on which the app is open.
• Devices. You protect the devices holding the app with a passcode, and preferably enable the app's biometric lock. Photographs and signatures stay on the device and in its backups: you are responsible for them.
• Accuracy. You are responsible for the accuracy of the measurements you enter and of the information on the documents you issue, invoices included.
• Invoicing. Invoices produced by the app are issued under your responsibility and your own identification number. You keep them for the legal period. FramIQ does not invoice your patients on your behalf.
• Fair use. You do not access the service by indirect means, do not decompile it, do not extract its databases and do not make it available to third parties outside the agreed scope.

6. Intellectual property and use of your data

The app, its calculation engines, its frame geometry database, its interface and its content remain the exclusive property of the publisher. The contract grants you a personal, non-exclusive right of use for the agreed term. It involves no assignment.

The data you enter, and your patients' records, belong to you. The publisher only uses them to run the service, on your instructions.

When a record is deleted (end of the contract, request of the patient or yours), the publisher may keep an irreversibly anonymised version of it to improve the service, under Article 9.6 of the DPA. Anonymised data no longer identifies either the patient or your practice.

Optional: if you subscribe in writing to the "research" option in Annex 3 of the DPA, the data of only those patients who have expressly agreed may be reused by the publisher, in pseudonymised form, for research and to improve its methods, in particular by means of artificial intelligence tools; only anonymised data and the results of this work, in particular trained models, may be made available to partners. Without this option, none of this happens. Data entered before you subscribe to the option is only concerned for patients who give their consent after that date.

7. Availability

The publisher makes reasonable efforts to keep the service available, without guaranteeing uninterrupted availability. The service may be suspended for maintenance, with notice where possible.

Your consultation data remains readable on your device even when the server is unavailable: the app works offline and synchronises afterwards.

8. Liability

The publisher cannot be held liable for the fitting decisions you take, for the consequences of an incorrect measurement you entered, or for failure to meet your own professional and ethical obligations.

Nor can it be held liable for data loss resulting from the loss, theft or failure of your device, where synchronisation had not taken place.

None of these limitations applies in case of gross negligence or wilful misconduct, or where French law prohibits it. The liability limitations of the Terms of Sale apply for the remainder.

9. Personal data

The processing of personal data is described in the FramIQ Pro privacy policy and, for your patients' data, in the DPA. Both documents form an integral part of the contract.

10. Term and end of the contract

The term, renewal and termination terms are set out in your contract.

At the end of the contract, you have thirty days to export your records and invoices from the app, through access limited to export and deletion. You are notified by email before the deadline. After this period, the publisher permanently deletes your patients' and practice's data, invoices included, whose retention is your responsibility, and sends you a deletion certificate, subject to the anonymisation provided for in Article 9.6 of the DPA. The details are set out in Article 9 of the DPA.

The publisher may suspend access in case of serious breach of these terms, after formal notice has gone unheeded, except in an emergency relating to the security of the service. A suspension for non-payment is not an end of contract and does not lead to the deletion of data.

11. Changes

These terms may change. The last updated date appears at the top. Any substantial change is notified to you by email and in the app at least thirty days before it takes effect; you may refuse it by ending the contract before that date. A change concerning the use of your patients' data requires your express agreement.

12. Governing law

These terms are governed by French law. Failing an amicable settlement, any dispute will be brought before the competent courts of the publisher's registered office, subject to mandatory rules of jurisdiction.

13. Contact

Service: hello@framiq.fr · Personal data: contact@gaspardblanc.fr

See also: FramIQ Pro · Privacy policy · Legal notice (FR)