The Tongue Teacher SAS
Version 1.0 dated 13/11/2025
Article 1 – Purpose and Scope
1.1 Definition of the Terms of Use
These General Terms of Use (hereinafter the “Terms”) are intended to define the conditions and rules governing the use of the Services made available to healthcare practitioners by The Tongue Teacher SAS, a simplified joint-stock company (SAS) whose registered office is located at 44 Avenue Maurice Thorez, 13110 Port-de-Bouc, France.
1.2 Distinction between GTC and Terms of Use
The General Terms and Conditions of Sale (GTC) govern the financial, contractual, and commercial aspects of the relationship between The Tongue Teacher SAS and the practitioner (in particular pricing, invoicing, and termination).
These Terms of Use govern the conditions for using the platform and the mobile application.
In the event of any inconsistency between the GTC and these Terms, the GTC shall prevail with respect to commercial provisions.
1.3 Acceptance of the Terms
Use of the Services implies full, unconditional, and unreserved acceptance of these Terms.
Such acceptance is formalized by electronic validation when the practitioner registers on the platform.
1.4 Intended Users
The Services are exclusively intended for healthcare professionals acting within the scope of their professional activity.
The practitioner declares and warrants that they use the Services for professional purposes and in accordance with their educational purpose.
Article 2 – Access to the Services
2.1 Account Creation
To access the Services, the practitioner must create an online account using their professional email address.
Account creation requires the provision of accurate, complete, and up-to-date information, including first name, last name, professional address, RPPS or FINESS number, and billing details.
2.2 Login Credentials
Login credentials (username and password) are under the practitioner’s responsibility, who must ensure their confidentiality.
The practitioner remains fully responsible for any use of their account, including when access is granted to staff in accordance with Article 2.3.
In the event of loss, theft, or suspected fraudulent use, the practitioner undertakes to immediately inform The Tongue Teacher SAS so that appropriate security measures may be taken.
2.3 Sharing with Practice Staff
The practitioner may allow collaborators (assistants, secretaries, practice staff) to access the Services using their account, under their sole responsibility.
In the current version of the Services, The Tongue Teacher SAS does not provide differentiated management of rights and permissions for staff members.
2.4 Technical Access Requirements
Access to the Services requires an Internet connection and compatible IT equipment.
Costs related to access and use (Internet connection, hardware, third-party subscriptions) remain exclusively at the practitioner’s expense.
Article 3 – Practitioner Obligations
3.1 Proper and Fair Use of the Services
The practitioner undertakes to use the Services fairly, reasonably, and in accordance with their professional purpose.
Applicable usage limits (including the concept of “fair use”) are defined in the GTC, with which the practitioner declares compliance.
3.2 Respect for the Educational Purpose
The practitioner acknowledges that the Services have a strictly educational purpose.
They undertake to use them solely to support the myofunctional rehabilitation of their patients and not to divert them for other purposes.
3.3 Prohibition of False Accounts and Data Manipulation
The practitioner is prohibited from creating false accounts, manipulating or falsifying patient data, or using the Services for testing or simulation purposes with false information.
3.4 Confidentiality of Credentials and Account Security
The practitioner is responsible for maintaining the confidentiality of their credentials and the security of their account.
They must take all necessary precautions to prevent unauthorized access.
The Tongue Teacher SAS shall not be held liable in the event of hacking, unauthorized access, or inadvertent sharing of credentials by the practitioner.
Article 4 – Intellectual Property
4.1 License of Use
The Tongue Teacher SAS grants the practitioner a personal, limited, non-exclusive, and non-transferable license to use the Services for the duration of their subscription.
This license is strictly reserved for professional use within the practitioner’s practice.
4.2 Protected Content
All elements accessible via the Services, including videos, exercises, quizzes, rehabilitation programs, avatars, characters, graphic universes, texts, images, logos, trademarks, and graphic charters, are the exclusive property of The Tongue Teacher SAS or its partners.
4.3 Prohibitions
The practitioner is strictly prohibited from:
- copying, reproducing, modifying, translating, or distributing all or part of the Services;
- assigning, renting, lending, or transferring, whether free of charge or for consideration, their access rights to the Services;
- using the content of the Services for commercial, external educational, or promotional purposes without prior written authorization from The Tongue Teacher SAS.
4.4 Legal Protection
These contents are protected by intellectual property law and applicable international conventions.
Any unauthorized use exposes the practitioner to civil and criminal proceedings.
4.5 No Transfer of Rights
Subscription to and use of the Services do not entail any transfer of intellectual property rights to the practitioner.
All rights not expressly granted under these Terms remain the exclusive property of The Tongue Teacher SAS.
Article 5 – Personal Data and Security
5.1 Roles of the Parties
Within the framework of the Services, the practitioner acts as data controller of their patients’ health data within the meaning of the General Data Protection Regulation (GDPR).
The Tongue Teacher SAS acts as a data processor in accordance with Article 28 of the GDPR.
5.2 Data Collected
Personal data processed via the Services include in particular:
- information provided by the practitioner (identity, contact details, RPPS or FINESS number, billing data);
- patient data collected via the mobile application (identity, age, progress in programs, responses to self-assessments, transmitted photos and videos);
- connection and security data (IP addresses, logs).
5.3 Data Retention
Retention and archiving of patient data, photos, videos, security logs, and billing data are carried out in accordance with the provisions and durations specified in the GTC. These Terms remind that the practitioner remains responsible for complying with these retention periods and modalities.
5.4 Security Measures and Hosting
All data are hosted on HDS-certified servers (OVH and Amazon).
The Tongue Teacher SAS implements appropriate technical and organizational measures to ensure data security and confidentiality in accordance with GDPR requirements.
5.5 IP Tracking
The Tongue Teacher SAS collects and retains connection IP addresses for a maximum period of twelve (12) months, exclusively for security and fraud prevention purposes. These data are not used for any commercial purpose.
5.6 Data Subject Rights
Patients and practitioners have rights of access, rectification, erasure, restriction, objection, and portability of their data under the conditions provided by the GDPR.
These rights may be exercised by contacting the Data Protection Officer (DPO) of The Tongue Teacher SAS at: dpo@tongueteacher.com.
Article 6 – Third-Party Content and Integrations
6.1 Third-Party Service Integrations
The Services may include technical integrations with third-party solutions (for example: professional software, APIs, modules, or iFrames) to facilitate the practitioner’s use of the tools.
6.2 Responsibility for Third-Party Content
The Tongue Teacher SAS shall not be held responsible for the content, proper functioning, or availability of third-party services integrated into the platform.
The practitioner is invited to refer to the specific terms and conditions of these third-party services to understand their terms of use.
6.3 Limitation of Liability
In the event of interruption, reduced quality, or modification of an integrated third-party service, The Tongue Teacher SAS will use its best efforts to inform the practitioner but assumes no responsibility for any consequences affecting the use of the Services.
6.4 No Guarantee
Integration of a third-party service into the platform does not constitute validation or certification by The Tongue Teacher SAS.
The practitioner remains solely responsible for verifying the suitability of such third-party services for their professional needs and activity.
Article 7 – Sanctions in Case of Breach
7.1 Power of Suspension
In the event of reasonable suspicion or established breach of these Terms or the GTC, The Tongue Teacher SAS reserves the right to temporarily suspend the practitioner’s access to the Services.
7.2 Permanent Suspension and Termination
In the event of serious or repeated breach, The Tongue Teacher SAS may permanently suspend the practitioner’s account and terminate their subscription without prior notice or compensation.
7.3 No Compensation
The practitioner shall not be entitled to any compensation or refund in the event of suspension or termination of their account due to breach of contractual obligations.
7.3 Notification
Where possible, The Tongue Teacher SAS shall inform the practitioner of the reasons for suspension or termination of their account by written or electronic means, except in cases of serious misconduct justifying immediate action.
Article 8 – User Support
8.1 Provision of Support
The Tongue Teacher SAS provides the practitioner with a support service intended to answer questions related to the use of the Services.
8.1 Contact Channels
Support is available through the communication channels specified by The Tongue Teacher SAS, notably by email at: support@tongueteacher.com, and where applicable through other contact methods indicated on the platform.
8.3 No Guaranteed SLA
No Service Level Agreement (SLA) is provided regarding response or processing times for support requests. However, The Tongue Teacher SAS undertakes to respond within a reasonable timeframe considering available resources.
8.4 Availability Hours
Support is available during business days and hours communicated by The Tongue Teacher SAS.
Article 9 – Liability
9.1 Best Efforts Obligation
The Tongue Teacher SAS is bound by a best efforts obligation in providing the Services.
It undertakes to use reasonable efforts to ensure availability, security, and quality of the Services, without guaranteeing uninterrupted service or the total absence of errors.
9.2 Practitioner Responsibility
The practitioner remains solely responsible for:
- their use of the Services;
- information entered or transmitted via the platform;
- the clinical and therapeutic follow-up of their patients, the Services having an exclusively educational purpose.
9.3 Exclusions of Liability
The Tongue Teacher SAS shall not be held liable, in particular, in cases of:
- improper or non-compliant use of the Services by the practitioner or their staff;
- loss or alteration of data resulting from the practitioner’s failure to comply with their obligations;
- temporary or permanent interruption of the Services due to breakdown, maintenance, update, technical incident, or third-party provider.
9.4 Limitation of Liability
The total liability of The Tongue Teacher SAS, for all causes combined, is limited to the total amount paid by the practitioner during the last twelve (12) months.
9.5 Force Majeure
The liability of The Tongue Teacher SAS is excluded in cases of force majeure within the meaning of Article 1218 of the French Civil Code, including but not limited to network failures, cyberattacks, natural disasters, fires, strikes, or any other circumstance beyond its reasonable control.
Article 10 – Amendments to the Terms
10.1 Right to Modify
The Tongue Teacher SAS reserves the right to modify these Terms at any time, particularly for technical, legal, security, or service evolution reasons.
10.2 Notification of Changes
Any substantial modification of the Terms shall be notified to the practitioner electronically or by any other appropriate means.
10.3 Entry into Force
The amended Terms shall enter into force on the date indicated in the notification or, failing that, on the date of their publication on the platform.
10.4 Acceptance of New Terms
Continued use of the Services after the effective date of the amended Terms constitutes full acceptance by the practitioner.
10.5 Right to Terminate
In the event of refusal of the amendments, the practitioner retains the right to terminate their subscription under the conditions set out in the GTC.
Article 11 – Duration and Termination
11.1 Applicability of the Terms
These Terms apply for the entire duration of the practitioner’s use of the Services and as long as their user account remains active.
11.2 Subscription Termination
Termination of the subscription by the practitioner automatically results in cessation of the application of these Terms, without prejudice to the provisions relating to data retention provided in the GTC and herein.
11.3 Suspension or Account Deletion
The Tongue Teacher SAS may temporarily or permanently suspend the practitioner’s account in the event of breach of these Terms or the GTC, in accordance with Article 7.
11.4 Effects of Termination
In the event of termination of these Terms:
- the practitioner’s access to the Services is discontinued;
- patient data remain retained and archived in accordance with these Terms and the GTC, which prevail regarding retention, export, and archiving of data.
Article 12 – Governing Law and Jurisdiction
12.1 Governing Law
These Terms are governed and interpreted in accordance with French law, to the exclusion of any other legislation.
12.2 Competent Jurisdiction
Any dispute relating to the formation, interpretation, performance, or termination of these Terms falls under the exclusive jurisdiction of the Commercial Court of Aix-en-Provence, even in cases of multiple defendants or third-party claims.
12.3 Safeguard Clause
In the event that a foreign court is seized by a practitioner established outside France, The Tongue Teacher SAS reserves the right to invoke lack of jurisdiction and request application of this jurisdiction clause.
Article 13 – Miscellaneous Provisions
13.1 Severability
If one or more provisions of these Terms are declared null, illegal, or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.
13.2 No Waiver
The fact that The Tongue Teacher SAS does not enforce, at a given time, any clause of these Terms shall not be interpreted as a waiver of its right to enforce it later.
13.3 Electronic Evidence and Communication
The practitioner acknowledges that electronic records, emails, notifications, and backups carried out by The Tongue Teacher SAS constitute admissible and enforceable evidence, having the same evidentiary value as a written paper document.
13.4 Entire Agreement
These Terms express the entire agreement between the parties regarding use of the Services.
They supplement the GTC, which prevail for all commercial provisions.