Preamble

These general terms and conditions of use (hereinafter the “General Terms and Conditions”) are concluded between the User and the simplified joint stock company Ninti, with a capital of 10,000 euros, registered in the Paris Trade and Companies Register under number 904 761 855, having its registered office at 73 Rue Saint-Honoré, 75001, Paris (hereinafter referred to as “the Company”).

Ninti is a web platform, available at ninti.io (the ‘Site’).

This Site is published by ninti.io, SAS with a capital of 10,000 euros, having its registered office at 73 rue Saint-Honoré, 75001, Paris and registered in the Paris Trade and Companies Register under the identification number 904 761 855, (hereinafter the ‘Publisher’). ninti is accessible to users (the ‘User(s)’).

Ninti is hosted by namecheap web hosting DNS‍. 

If you have any questions about these general terms, you can contact us via email at: hello@ninti.io 

Article 1. Definitions

• Specialist/Practitioner: means the gynaecologist, midwife, doula, endocrinologist, psychologist, nutritionist, coach or health professional providing Users on the Site and in their offices or other physical places of consultation, with clinical, psychological, coaching and/or dietetic support services.

• Sessions: means the support service provided to the User by the Practitioner. The Session may be provided by videoconference, by telephone or by any other means of communication mutually agreed upon between the User and the Practitioner.

• Site: means the internet platform ninti.io

• User(s): means the natural person registered on the Site who wishes to access the Sessions. The User is a natural person of legal age or under the control of a legal guardian, capable of contracting.

Article 2. Acceptance of the general conditions

The use of the Site implies the User’s full and unreserved acceptance of these General Conditions. It is therefore up to the User to read these General Conditions before registering on the Site and each time he/she uses the services offered on the Site.

These General Conditions may be modified at any time by the Company. The modified General Conditions are applicable to any booking of a Session made after the modification. The User is therefore invited to consult the General Conditions each time he visits the Site. If the User refuses a modification of the General Conditions, he/she must no longer access the Sessions and close his/her account.

The User accepts these General Conditions by clicking on the box provided for this purpose when registering on the Site and when booking a Session on the Site.

The User is invited to keep a copy of these General Conditions on a durable medium.

In the absence of proof to the contrary, the data recorded on the Site constitutes proof of all contractual relations between the User and the Company.

Failure by the User to comply with the General Conditions may result in the suspension or removal of the User’s right to access the Site.

The Company reserves the right to temporarily or permanently exclude a User from the Site in the event of serious misconduct, disrespectful behaviour, or any behaviour that would be detrimental to the proper functioning of the Site. It is reminded in this respect that the use of the Site implies the observation of certain standards of behaviour such as respect for others, good faith and courtesy.

Article 3. Opening the account

To access the booking of Sessions on the Site, the User must :

• create an account on the Site or log in to their account if they already have an account on the Site,
• confirm acceptance of the General Conditions and validate.
  

The account will be accessible to the User with a login and password. The account will allow the User to book Sessions with a Practitioner directly on the Site, directly with the Practitioner.

It is the User’s responsibility to provide accurate and up-to-date information when registering on the Site and when booking the Session. In particular, the User must ensure the accuracy of all information provided to enable him/her to establish contact with the Practitioner (email, telephone number etc.). The User must make the necessary updates to the information in his account. Failing this, the Company accepts no responsibility for the damaging consequences that may result from this lack of information or updating.

The password will be chosen by the User when creating his/her account. The User may change his/her password by accessing the “Forgotten Password” section on the “Login” page of the Site. The User must immediately inform the Company of any loss or unauthorised use of his/her account, login and password. Passwords and identifiers are personal and the User undertakes not to disclose them. As such, the User is solely responsible for their use.

Any attempt to substitute another user’s password or login is strictly prohibited.

If the User’s telephone number is collected when the account is opened, the User is informed that his or her telephone details will only be used for the proper execution of the Sessions. Without prejudice to the above, in accordance with the legal provisions, the User is informed that he/she may, if he/she so wishes, register on the list of opposition to telephone solicitation. The User may register free of charge on this list, which is binding on all professionals except those with whom the User has already concluded a contract.

Article 4. Description of how the site works

The Site is a service that puts Practitioners in contact with Users wishing to benefit from individualised sessions, either in person or remotely, according to their choice and the possibilities of the chosen Practitioner.

The User may, if he/she wishes, call the Company’s team to benefit from personalised support in choosing his/her Practitioner. This personalised support has no binding value and the User remains entirely in control of his choice of Practitioner. Consultations offered by Providers through the Website only complement and do not in any case replace the services of medical professionals, including but not limited to General Practitioners, Midwives, Gynecologists, and Pediatricians. For medical advice and consultations, Users should always turn to their General Practitioner or other Healthcare Providers.

Users recognize that Ninti is a marketplace referencing specialized Providers but that this referencing does not have any legal/lawful value. Ninti is never a party to the final agreement between Users and Providers of the platform. While we strive to deliver an optimal user experience, we deliver our Services as is without any guarantees regarding the quality of the Consultations offered by the Specialists/Practitioners. 

This personal support call is not counted as a Session.

The Site then allows you to book Sessions with Practitioners. However, the Sessions are not provided by the Site and are carried out under the full responsibility of the Practitioners available for consultation on the Site.

The user may contact the Publisher to report any illegal or obviously inappropriate behaviour or content. Such a report may be made by e-mail to the address hello@ninti.io

Article 5. Access to the sessions

It is the User’s responsibility to ensure that he/she has the hardware, software and means to access the Sessions in the case of a remote Session.

Once registered, the User may book Sessions on the Site within the limit of the credit that has been subscribed and paid for on his behalf by his employer. The User’s right of access to the Site is personal and non-transferable, in any form whatsoever.

The User may have access to a credit of Sessions determined in the contract concluded between his employer and ninti.io. These Sessions will be accessible for the duration of this contract.

Article 6. The content

• The content published on the Website by us should never be considered as personalized advice or medical advice. For medical advice or in case of medical issues and conditions, Users should always turn to their General Practitioner, Gynaecologists, Midwives, and other, Healthcare Professionals. 
• The content published by Practitioners on the Website is their sole responsibility. Providers recognize that the accuracy of the content (texts, media, documents) they publish on the Website cannot and will not be guaranteed by us. Providers are not authorized to include links to third-party websites on their listings and content without prior approval from us. 
• Practitioners can create as many listings as they wish and include as many services as they want
• Listings are subject to review and approval by our team prior to going live on the Website.
• Practitioners must clarify in its service description how the service is to be delivered (in person at home, in person at the provider’s office, and/ or via consultation.)

Article 7. Obligations of the user

7.1 Conduct of the Sessions

The Sessions will take place on the dates and times that were agreed at the time of booking the Session. The User is obliged to attend on time at the dates and times agreed with the Practitioner.

If the User is absent, the Session will be deducted from the credit as a completed Session.

If the Practitioner is absent or late by more than twenty (20) minutes, the User may cancel the Session and it will not be deducted from their credit.

7.2 Cancellation of Sessions

The User may cancel a Session free of charge up to twenty-four (24) hours before the Session by sending a message to the following address: hello@ninti.io or online by accessing their profile. 

In the event of cancellation less than twenty-four (24) hours before the date of the Session, the Session will be deducted from the credit.

The User agrees that the Practitioner may cancel a Session up to twenty-four (24) hours before the Session. The User will be informed of the cancellation of the Session by the Practitioner by email or text message. The User will agree a new time for the Session with the Practitioner.

7.3 User behaviour

During the Session, the User undertakes to adopt appropriate behaviour. They shall refrain from any inappropriate communication (e.g. insults, obscenity, etc.) or racist, sexist or homophobic comments.

Any inappropriate behaviour by the User may result in the suspension of the Session by the Practitioner and will not result in a refund.

7.4 Confidentiality

The Practitioner is bound by his ethical rules to professional secrecy.

The User is solely responsible for the confidentiality of the content of the Sessions. The User is solely responsible for the information that he or she communicates to the Experts. The Site has no access to the information transmitted during the Sessions and therefore excludes any liability in this respect.

7.5 Other obligations of the User

In addition, Users shall refrain from:

• transmit, publish, distribute, store or destroy any material, in particular the contents of Ninti, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
• to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature and, in general, any content that is contrary to the laws and regulations in force or to good morals;
• to reference or create links to any content or information available from the ninti.io website, except with the express prior written consent of ninti.io;
• to use information, content or any data present on the Site in order to offer a service considered to be competitive to ninti.io
• to sell, exchange or monetise information, content or data present on the Platform or the Services offered by the Platform, without the express written consent of ninti.io;
• reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;
• use any manual or automated software or devices, robots or other means to access, search, retrieve or index any page of the Site;
• endanger or attempt to endanger the digital security of Ninti. This includes attempts to monitor, scan or test the vulnerability of the system or network or to breach security or authentication measures without express prior authorization;
• infringe or use the products, logos, trademarks or any other elements protected by the intellectual property rights of ninti.io;
• to simulate the appearance or functioning of the Site, for example by using a mirror effect;
• disrupt or interfere, directly or indirectly ninti.io, or impose a disproportionate load on the Site’s infrastructure, or attempt to transmit or activate computer viruses via or on the Site.

It is reminded that violations of system or network security may lead to civil and criminal proceedings. Ninti verifies the absence of such violations and may call upon the legal authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Site in a loyal manner, in accordance with its purpose and the legal and regulatory provisions, these Conditions and current practices.

8. Termination

In the event of non-performance by the User of any of his obligations and/or non-compliance with the General Conditions, the Company reserves the right to suspend, without prior notice, access to the Site, temporarily or permanently, without this suspension giving rise to any right to compensatioń.

In the event that the Company definitively suspends the User’s access to the Site, the Company will immediately inform the User’s employer.

9. Exclusion of liability

The Site is a matchmaking platform and the Company excludes all liability for the quality of the Sessions provided or potential physical or moral damage that the User or the Practitioner may suffer during or following a Session provided by a Practitioner.

The Company is totally independent of pharmaceutical companies and industries. In this sense, the Company has no pecuniary or capital ties with them and does not receive any financial aid or subsidy from them.

Similarly, the Practitioners listed on the Site are independent professionals who freely provide advice, opinions and responses based on their qualifications and expertise, without third party influence

The Company is only bound by an obligation of means and must therefore deploy its best efforts to ensure the permanence, continuitý and qualitý of access to the Site, in accordance with the rules of use of the Internet.

Access to the Site will be possible for the User except in the event of force majeure or an event beyond the control of the Company and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Site, which may be carried out without prior notice to the User.

Consequently, the Company cannot be held liable in the following cases:

• Temporary interruptions for updating certain files.    
• Difficulties in operating or momentary interruption of the Site beyond the Company’s control, in particular in the event of interruption of electricity or telecommunication services, saturation of networks of any kind, at certain periods.  
• Temporary interruptions necessary for the evolution or maintenance of the Site.
• Failure or malfunction of the Internet network in the transmission of messages or documents.
• Computer virus contamination of the Site
• Malicious intrusions by third parties on the Site, despité the security measureś put in place.

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The User also undertakes to accept the characteristics and limits of the Internet, and in particular to acknowledge:

• That he/she is aware of the nature of the Internet, in particular its technical performance and response times.
• That the communication of its identifier and, in general, of any information deemed confidential, is made under its sole responsibilitý.

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The Site allows the User to book sessions which in no way substitute for medical consultations. In no case, the Site allows access to a medical service as such. In this sense, no medical act, nor medical prescription can be carried out through the Site. If necessary, the Practitioners may invite Users to consult a doctor or the services they deem appropriate for the User (emergency, specialist, hospital, medical or paramedical staff).

The User in an emergency situation or at significant health risk, whether fatal or not, undertakes not to use the Site and to consult a health professional.

10. Intellectual Property

The entire content of the Site, including the designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to Ninti, which is the sole owner of all related intellectual property rights. Any reproduction of the Site, in whole or in part, without the authorisation of the Company is strictly forbidden and would constitute an infringement punishable under civil and criminal law.

The User undertakes not to depreciate or undermine, in any way whatsoever, the trademarks, logos and other distinctive signs appearing on the Site.

Users shall not transmit, publish, distribute, store or destroy any material, in particular the contents of Ninti, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;

Any representation and/or reproduction and/or exploitation of the content and services offered by Ninti, in whole or in part, by any means whatsoever, without the prior written authorisation of Ninti, is strictly prohibited and may result in legal proceedings.

11. Processing of user’s computer data

The User consents, in the context of his registration on the Site and access to the Sessions, to personal data concerning him being collected and processed by the Company.

Personal data relating to the User collected during registration on the Site are processed in compliance with the provisions of Law No. 78-17 of 6 January 1978, known as the Data Protection Act, as amended, and European Regulation 2016/679 of 27 April 2016.

No health data is collected on the Site.

The User’s personal data is processed for the management of access to the Site and the running of the Sessions. The User consents to this data being passed on to the Practitioners responsible for carrying out the Sessions. This data is also kept for security purposes, in order to comply with legal and regulatory obligations.

The User is invited to take note of the Company’s commitments as well as its rights with regard to personal data concerning him/her in the “Privacy Policy” section of the Site.

Once the User’s personal data has been transmitted to the Practitioner, the Practitioner will process it as a controller. The Company excludes all liability for the processing of personal data by the Practitioner in the context of the Sessions.

The User is invited to contact the Practitioner concerned for any request relating to personal data processed in the context of the Sessions.

12. Applicable law and jurisdiction

The General Conditions and more generally the relationship between the User and the Site are subject to French law.

Any dispute that may arise from the interpretation of these General Conditions or the contractual relations between the User and the Site shall fall under the exclusive jurisdiction of the French courts.

13. Miscellaneous

It is formally recognised that any tolerance or waiver by the Company in the application of the present General Conditions, whatever the frequency or duration, shall not constitute a modification of the present General Conditions, nor generate any right whatsoever.

The nullity of one of the clauses of the General Terms and Conditions, in particular in the application of a law, a regulation or following a decision of a competent court which has become final, shall not entail the nullity of the other clauses of the General Terms and Conditions which shall retain their full effect and scope.

Last version dated: 03/01/2022