Terms and conditions
Acceptance of the terms
The present terms and conditions of use (the "TCU") govern your access to and use of the Services, and constitute a legally binding agreement between you and Lime Santé. By clicking a box indicating your acceptance, by creating an Account, or by accessing or using our Services, you confirm that you have read, understood, and agree to be bound by all of these TCU and by any additional terms, rules, and conditions issued by Lime Health from time to time. These TCU come into effect from the date you open an Account. If you do not agree or cannot fulfill the obligations described in these TCU, please do not use our Services.
Lime Santé may make changes to the TCU from time to time. Changes will be communicated by publishing the revised TCU on this page, along with the date of the last revision. These updates are effective upon publication and become enforceable thirty (30) days after publication. You will be notified of these changes, and by continuing to access or use the Services after receiving this notification, you acknowledge and accept the modified terms.
You represent to Lime Santé that you are legally able to enter into these TCU. Access to the Services in violation of local laws is at your own risk. You will comply with these TCU and applicable laws.
Definitions
"Improvement" refers to modifications, enhancements, developments, customizations, updates, improvements, aggregations, compilations, derivative works, translations, and adaptations;
"Client" refers to an individual or a healthcare institution for which access to the Services has been enabled;
"Account" refers to an account within the Application dedicated to you for accessing and using the Services;
"Content" refers to, without limitation, any information, code, data, functionality, website design, text, software, music, audio content, photography, graphic elements, video, message, tag, and/or any other material;
"Documentation" refers to all manuals, instructions, or other documents or materials that Lime Santé may provide or make available to you, in any form or media, which describe the functionality, components, characteristics, requirements, or costs associated with the Services. The Documentation does not include content published in user or community forums;
"Personal Data" refers to any Client Data containing information about an identifiable person;
"Client Data" refers to all data, in any form, including but not limited to textual data, audio files or otherwise, that are entered, transmitted, provided, or stored by the Client or on their behalf in the Services. To the extent that this Content is stored in, or transferred to, the Platform, this Content will be considered Client Data;
"Intellectual Property Rights" refers to all patents, rights to inventions, utility models, copyrights and related rights, trademarks, service marks, trade names, business names and domain names, rights to goodwill or actions for unfair competition, rights related to unfair competition, rights to designs and models, rights to software, rights to databases, rights to topographies, rights to confidential information (including know-how and trade secrets), as well as any other intellectual property rights, whether registered or not, including all applications, renewals or extensions of these rights, and all rights or forms of similar or equivalent protection in any part of the world, as well as all claims for damages arising from past, present, or future violations of the foregoing, with the right, but not the obligation, to initiate lawsuits and recover such damages for the said use or violation of these rights;
"Confidential Information" refers to all confidential and proprietary information of one party (the "Disclosing Party") disclosed to the other party (the "Receiving Party") orally or in writing, that is designated as confidential or that should reasonably be considered confidential given the nature of the information and the circumstances of the disclosure, including, but not limited to, the terms and conditions of these general terms and services. Confidential information does not include information that (i) is or becomes generally known to the public without breach of any obligation with respect to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation with respect to the Disclosing Party; (iii) has been independently developed by the Receiving Party without breach of any obligation with respect to the Disclosing Party; or (iv) is received from a third party without breach of any obligation with respect to the Disclosing Party;
"Aggregated Statistical Information" has the meaning assigned to it in paragraph 8.1;
"Lime Health" or "Lime Santé" refers to Lime Santé Inc.;
"Large Language Models" refers to any large language model developed by a third party and used by Lime Santé in connection with the provision of the Services;
"Parties" collectively refers to Lime Santé and the Client, and "Party" individually refers to either one of them;
"Platform" refers to the PREMs and PROMs platform developed and published by Lime Santé, which is available through its website as well as all its graphical, audio, visual, software, and textual components;
"Privacy Policy" refers to the privacy policy of the Application at the following address https://www.lime.health/fr/politique-confidentialite ;
"Feedback" has the meaning assigned to it in paragraph 8.3;
"Services" refers to all functionalities made available by Lime Santé through the Platform; and
"You, your" refers to the Client.
Services
Usage and access to the Services
Subject to compliance with the TCU, Lime Santé grants the Client a worldwide, non-exclusive, non-transferable, and non-sublicensable license to use the Services and to use the Platform on any compatible device owned or controlled by the Client and in accordance with the applicable Documentation.
Application of the TCU
The applicable period of these TCU begins on the date you accept these TCU and continues until you terminate your use of the Services in accordance with the provisions of these TCU.
Updates
You acknowledge and agree that technology is constantly evolving and progressing, and that Lime Health reserves the right to update the Services from time to time, with or without notice. These updates may include patches, bug fixes, version upgrades, or functional or technical changes to the Services. Lime Santé may, at its discretion, suspend your access or use of the Services for scheduled maintenance or to address urgent security issues. Lime Health reserves the right to limit, suspend, or withdraw, at any time and without notice, all or part of the features of the Application and the Services, without any entitlement to compensation or recourse from the Client.
From time to time, the Services may be unavailable for brief periods for maintenance, updates, or force majeure reasons. Although Lime Santé strives to make this unavailability as brief as possible, Lime Santé cannot be held responsible for any loss or damage, whether monetary or not, resulting from the interruption of the Services, and disclaims any liability in this regard.
Fresh
The payment terms and the price of the Software will be specified in the individual contract between Lime and the client. You agree to pay the fees as stated in the contract and according to the agreed payment schedule. All payments are non-refundable, unless otherwise stated in the contract.
Code of conduct
Restrictions on use
You agree to be solely responsible for your conduct in connection with the Services, for the use of the Services and the Documentation resulting from the access that has been provided to you, directly or indirectly, whether such access or use is authorized or in violation of these TCU. Any unauthorized use of the Services may result in the termination of your rights to use the Services in accordance with paragraph 10.2. You agree to comply with the TCU and not to (and not to attempt to) directly, indirectly, alone or with another party :
a) grant a license, sublicense, sell, rent, transfer, grant, distribute, share or allow third parties to use rights or commercially exploit the Services and the Documentation in any form to another party;
b) use the Services or the Documentation in a way that would violate the TCU;
c) circumvent the measures employed to prevent or restrict access to a service, an area or a code of the Services;
d) reverse engineer, decompile, disassemble or attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms related to the Services (except to the extent that this restriction is prohibited by applicable law);
f) use the Services in a manner that violates or attempts to circumvent applicable law or that is detrimental to public order;
g) use the Services in a way that infringes on the intellectual property rights of third parties;
h) access or use the Services after Lime Santé has terminated the TCU with you;
i) download, introduce, or use the Services to distribute any virus or other malicious code, or transmit large amounts of data in a manner likely to have a harmful effect on the Services;
j) use the Services in a way that could interfere with, disrupt, negatively affect or prevent other Lime Santé customers from fully enjoying the Services, or that could damage, disable, overload or compromise the operation of the Services in any way; or
k) copy, reproduce, aggregate, republish, download, post, publicly display, encode, translate, transmit, distribute, sell, grant a license, sublicense or any other exploitation or use for any purpose of the Services and Documentation of Lime Santé, including all intellectual property rights of Lime Santé.
Responsible use and public dissemination
The Client undertakes to use the Services and the Results generated responsibly, and not to use them in a manner that would be illegal, defamatory, or that would infringe on the privacy, reputation, or rights of a third party, including the concerned healthcare professional. In this regard, the Client particularly undertakes not to publicly disseminate the generated Results, in whole or in part, on publicly accessible platforms, such as social networks or forums, for the purpose of harming, ridiculing, or disparaging others.
Privacy
The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purposes outside the scope of these Terms and Conditions, except with the prior written consent of the Disclosing Party. The Receiving Party agrees to protect the confidentiality of the Confidential Information of the Disclosing Party in the same manner as it protects the confidentiality of its own proprietary and confidential information of the same nature (but in no event with less than reasonable care). If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent permitted by law) and reasonable assistance, at the Disclosing Party's expense, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in violation of the confidentiality protections set forth herein, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek an injunction to prevent such acts, the Parties acknowledging specifically that any other available remedy may be inadequate.
Data and intellectual property
Intellectual property and content
The protection of your data is a priority for us. We, along with partner healthcare institutions, protect your personal data with great care. We implement solid measures to ensure that your information remains secure. We have established appropriate safeguards to prevent personal data from being lost, misused, accessed, altered, or disclosed by unauthorized parties.
Your data is stored in protected systems, and only a few authorized individuals can access it. These individuals have special rights to view this information and must maintain confidentiality.
Furthermore, employees and third parties receive personal data only on a need-to-know basis and only the minimum amount necessary to perform their specific job. All employees are also bound by confidentiality agreements and undergo annual training on the proper handling of sensitive data.
Finally, procedures have been developed and tested to manage a potential data breach. These procedures are designed to ensure that affected individuals and regulatory agencies are informed of the breach and that the damages can be minimized.
User data
You retain exclusive ownership of the data you upload or enter into the Software. By using the Software, you grant Lime Santé a limited, non-exclusive, worldwide, and revocable license to use, modify, and process your data solely to the extent necessary to provide and improve the Services, and in compliance with applicable laws and standards regarding the protection of personal information and privacy.
Feedback
If you choose to share suggestions, ideas, or recommendations aimed at improving the Services (the "Feedback"), you acknowledge and agree that Lime Santé will be the sole owner of all rights, titles, and interests relating to such Feedback, without restriction on use. By this, you irrevocably assign to Lime Santé all rights, titles, and interests relating to the Feedback and waive in favor of Lime Santé, its successors and assigns, all your moral rights associated therewith. You also agree to provide Lime Santé with any reasonable assistance to document, perfect, and maintain these rights. Finally, you acknowledge that the submission of any Feedback to Lime Santé is made free of charge and does not entitle you to any compensation, indemnity, or reimbursement, regardless of the circumstances.
Third-party content and external links
The Software may display or provide access to content belonging to third parties. The entity that makes such content available remains solely responsible for it. Lime Santé does not declare or guarantee that it has reviewed this third-party content or the accuracy of the information contained therein. You are solely responsible for the content that you enter, share, or distribute through the Software, and you must ensure that you hold all the necessary rights and permissions to use it. Lime Santé assumes no responsibility for the actions of its customers or users regarding their content, including its public dissemination. Subject to applicable laws, Lime Santé is not responsible for the content of its customers, their users, or any other third-party content or media, nor for any loss or damage that may result from their use. However, Lime Health reserves the right, in accordance with applicable law, to modify, limit access to, delete, or refuse to display any content that we believe violates the law or these Terms of Use, without being under any obligation to monitor or proactively review the content entered or distributed via the Software.
In addition, the Services may contain links to other websites or services operated by third parties. When you access these external resources, you do so at your own risk. Lime Santé assumes no responsibility for your use of these websites or services, including with respect to the protection of your privacy. Lime Santé makes no representations and provides no guarantees concerning the content, products, or services accessible through these links, nor regarding the practices of the third parties that operate them.
Disclaimer
RISKS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LIME SANTÉ EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING OUT OF YOUR USE OF THE SERVICES. LIME SANTÉ DOES NOT WARRANT, REPRESENT, OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT DOWNLOADED FROM THE SERVICES OR ACCESSIBLE THROUGH THEM IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS RESULTING FROM ACCESS TO SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. LIME SANTÉ MAKES NO WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, EFFICIENCY, REPUTATION, AND OTHER FEATURES OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIME SANTÉ OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS DOCUMENT.
Limitation of liability
Disclaimer
TO THE EXTENT PERMITTED BY LAW, LIME HEALTH SHALL NOT BE LIABLE FOR ANY FAILURE TO ITS STATEMENTS, WARRANTIES, OR OBLIGATIONS UNDER THIS AGREEMENT IF SUCH FAILURE IS ATTRIBUTABLE, IN WHOLE OR IN PART, TO: (i) THE CLIENT'S INABILITY TO USE ANY BUG FIXES, CORRECTIONS, PATCHES, UPDATES, ENHANCEMENTS OR NEW OR CORRECTED VERSIONS OF THE SERVICES OR THE DOCUMENTATION MADE AVAILABLE BY LIME HEALTH; (ii) THE CLIENT'S USE OF THE SERVICES FOR ANY REASON OTHER THAN WHAT IS AUTHORIZED IN THESE TCU; (iii) THE CLIENT'S USE OF THE SERVICES IN COMBINATION WITH OTHER SOFTWARE, DATA OR DEFECTIVE, INCOMPATIBLE, OR UNAUTHORIZED PRODUCTS IN WRITING BY LIME HEALTH FOR USE WITH THE SERVICES; (iv) THE CLIENT'S MISUSE OF THE SERVICES; (v) ANY MALFUNCTION OF YOUR OWN SOFTWARE, COMPUTER HARDWARE, COMPUTER EQUIPMENT, OR NETWORK CONNECTION; OR (vi) AN EVENT OF FORCE MAJEURE.
Damage
TO THE EXTENT PERMITTED BY LAW, LIME HEALTH, ITS SHAREHOLDERS, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS LICENSE GRANTORS, ITS SUPPLIERS, ITS SUBCONTRACTORS, OR ITS AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR PROFITS, LOSS OR DAMAGE TO DATA, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY OTHER FINANCIAL LOSS) ARISING FROM OR RELATED TO THE SERVICES OR YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF LIME HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
Claim ceiling
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIME SANTÉ'S OVERALL LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SERVICES, WHATEVER THE CAUSE AND WHATEVER THE NATURE OF THE ACTION TAKEN, IF ANY, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID, IF ANY, TO LIME SANTÉ FOR OR IN CONNECTION WITH THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM IN QUESTION. MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT IF NO FEES HAVE BEEN PAID TO LIME SANTÉ FOR THE SERVICES, YOU WILL ONLY BE ABLE TO SEEK INJUNCTIVE RELIEF, UNLESS OTHERWISE PROVIDED BY LAW, AND YOU WILL NOT BE ABLE TO CLAIM ANY DAMAGES OF ANY KIND FROM LIME SANTÉ, REGARDLESS OF THE CAUSE OF THE CLAIM.
Claim ceiling
SOME STATES, PROVINCES, COUNTRIES, OR OTHER GOVERNMENTAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMER, EXCLUSION, OR LIMITATION CLAUSES MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION ON USE OF SERVICES
Artificial intelligence
You acknowledge that some Results generated as part of the Services are produced automatically by artificial intelligence models, including large language models (LLMs), and that they may contain errors, incomplete information, or misleading information.
You authorize Lime Santé to process Customer Data to the extent necessary for the provision and improvement of the Services, including sending Customer Data to large language models. Whenever possible, Lime Health will take measures so that the Customer Data transmitted is not used to train the artificial intelligence models operated by third parties.
You also acknowledge the inherent limitations of artificial intelligence models, including:
a) the generated Results may contain errors, misleading or incomplete information;
b) the models rely on predefined rules and algorithms that do not allow them to reason creatively, which can produce repetitive or stereotypical content;
c) the models may have difficulty understanding the nuances of language, including everyday language, idiomatic expressions, and cultural references;
d) the models may struggle with complex tasks that require reasoning, judgment, or decision-making; and
e) the data used to train the models may be biased or of insufficient quality.
Customer Data Responsibility and Generated Results
You remain solely responsible for the accuracy, quality, integrity, and legality of all Customer Data, as well as any other information you communicate to Lime Health in the course of using the Services. You also agree to independently assess the Results generated and assume all risks associated with their use, including any reliance on their accuracy, completeness, or usefulness.
Without prejudice to these Terms of Use, it is agreed that Lime Santé shall not be liable in any case for claims, losses, or damages arising from Customer Data or the use of the Results generated in the context of the Services.
Termination of services and TCU
The terms and conditions for termination will be described in the individual contract between Lime Santé and the client.
Applicable laws and jurisdiction
THE USE OF THE SERVICES IS GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF QUEBEC AND THE FEDERAL LAWS OF CANADA APPLICABLE IN THE PROVINCE OF QUEBEC, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION OR LEGAL PROCEEDING BETWEEN YOU AND LIME SANTÉ SHALL BE BROUGHT EXCLUSIVELY BEFORE THE COURTS LOCATED IN THE JUDICIAL DISTRICT OF QUEBEC (QUEBEC), CANADA. THE ABOVE CHOICE OF JURISDICTION SHALL NOT PREVENT LIME SANTÉ FROM SEEKING AN INJUNCTION REGARDING A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, THE ENFORCEMENT OR RECOGNITION OF ANY JUDGMENT OR ORDER IN ANY APPROPRIATE JURISDICTION.
Notice
In case of a complaint or a request for information regarding the Services, please contact Lime Health's customer service at the following email address [email protected]. Lime Santé is committed to reviewing and responding to all complaints and requests as quickly as possible.
Invalid article
If a provision of the TCU is deemed invalid by a court of competent jurisdiction, the Parties agree nevertheless that the court shall endeavor to give effect to the intentions of the Parties as reflected in the provision, and the other provisions of the TCU or the Privacy Policy, as applicable, shall remain in full force and effect.
Titles
The titles of the articles in the TCU are provided for convenience only and have no legal or contractual effect.
Survival
All provisions of these TCU which by their nature should reasonably survive termination of the TCU, including, but not limited to, sections 6, 8, 9, 11, 12, and 13 of these TCU, shall survive termination of the TCU.
Transfer
The present TCU, as well as the Client's rights and obligations under these, may not be assigned, subcontracted, delegated, or otherwise transferred by the Client without the prior written consent of Lime Santé, and any attempt to assign, subcontract, delegate, or transfer in violation of the above will be null and void. Lime Santé may assign the present TCU, as well as its rights and obligations under these, in the context of a merger, acquisition, corporate reorganization, or the sale of all or virtually all of its assets related to the Services, without the prior written consent of the Client.
No waiver
The fact that a Party does not act or delays in acting regarding the non-performance or non-exercise of a right under the TCU does not constitute a waiver of that performance or right. A Party's waiver of a right under the TCU will only be effective if made in writing and signed, in which case it will be effective in the specific case and for the specific purpose indicated.