The Tongue Teacher SAS
Version 1.0 dated 13\/11\/2025<\/p>\n\n\n\n
1.1 Definition of the Terms of Use<\/strong> 1.2 Distinction between GTC and Terms of Use<\/strong> 1.3 Acceptance of the Terms<\/strong> 1.4 Intended Users<\/strong> 2.1 Account Creation<\/strong> 2.2 Login Credentials<\/strong> 2.3 Sharing with Practice Staff<\/strong> 2.4 Technical Access Requirements<\/strong> 3.1 Proper and Fair Use of the Services 3.2 Respect for the Educational Purpose<\/strong> 3.3 Prohibition of False Accounts and Data Manipulation<\/strong> 3.4 Confidentiality of Credentials and Account Security<\/strong> 4.1 License of Use<\/strong> 4.2 Protected Content<\/strong> 4.3 Prohibitions 4.4 Legal Protection 4.5 No Transfer of Rights 5.1 Roles of the Parties<\/strong> 5.2 Data Collected<\/strong> 5.3 Data Retention<\/strong> 5.4 Security Measures and Hosting<\/strong> 5.5 IP Tracking<\/strong> 5.6 Data Subject Rights<\/strong> 6.1 Third-Party Service Integrations<\/strong> 6.2 Responsibility for Third-Party Content<\/strong> 6.3 Limitation of Liability<\/strong> 6.4 No Guarantee<\/strong> 7.1 Power of Suspension<\/strong> 7.2 Permanent Suspension and Termination<\/strong> 7.3 No Compensation<\/strong> 7.3 Notification<\/strong> 8.1 Provision of Support<\/strong> 8.1 Contact Channels<\/strong> 8.3 No Guaranteed SLA<\/strong> 8.4 Availability Hours<\/strong> 9.1 Best Efforts Obligation<\/strong> 9.2 Practitioner Responsibility 9.3 Exclusions of Liability 9.4 Limitation of Liability<\/strong> 9.5 Force Majeure<\/strong> 10.1 Right to Modify<\/strong> 10.2 Notification of Changes<\/strong> 10.3 Entry into Force<\/strong> 10.4 Acceptance of New Terms<\/strong> 10.5 Right to Terminate<\/strong> 11.1 Applicability of the Terms<\/strong> 11.2 Subscription Termination<\/strong> 11.3 Suspension or Account Deletion<\/strong> 11.4 Effects of Termination<\/strong><\/p>\n\n\n\n In the event of termination of these Terms:<\/p>\n\n\n\n 12.1 Governing Law<\/strong> 12.2 Competent Jurisdiction<\/strong> 12.3 Safeguard Clause<\/strong> 13.1 Severability<\/strong> 13.2 No Waiver<\/strong> 13.3 Electronic Evidence and Communication<\/strong> 13.4 Entire Agreement<\/strong> The Tongue Teacher SASVersion 1.0 dated 13\/11\/2025 Article 1 \u2013 Purpose and Scope 1.1 Definition of the Terms of UseThese General Terms of Use (hereinafter the \u201cTerms\u201d) 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<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":461,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-493","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n
These General Terms of Use (hereinafter the \u201cTerms\u201d) 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 2 \u2013 Access to the Services<\/strong><\/h2>\n\n\n\n
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.<\/p>\n\n\n\n
Login credentials (username and password) are under the practitioner\u2019s 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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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\u2019s expense.<\/p>\n\n\n\nArticle 3 \u2013 Practitioner Obligations<\/strong><\/h2>\n\n\n\n
<\/strong>The practitioner undertakes to use the Services fairly, reasonably, and in accordance with their professional purpose.
Applicable usage limits (including the concept of \u201cfair use\u201d) are defined in the GTC, with which the practitioner declares compliance.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 4 \u2013 Intellectual Property<\/strong><\/h2>\n\n\n\n
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\u2019s practice.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
<\/strong>The practitioner is strictly prohibited from:<\/p>\n\n\n\n\n
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<\/strong>These contents are protected by intellectual property law and applicable international conventions.
Any unauthorized use exposes the practitioner to civil and criminal proceedings.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 5 \u2013 Personal Data and Security<\/strong><\/h2>\n\n\n\n
Within the framework of the Services, the practitioner acts as data controller of their patients\u2019 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.<\/p>\n\n\n\n
Personal data processed via the Services include in particular:<\/p>\n\n\n\n\n
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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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/strong><\/p>\n\n\n\nArticle 6 \u2013 Third-Party Content and Integrations<\/strong><\/h2>\n\n\n\n
The Services may include technical integrations with third-party solutions (for example: professional software, APIs, modules, or iFrames) to facilitate the practitioner\u2019s use of the tools.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 7 \u2013 Sanctions in Case of Breach<\/strong><\/h2>\n\n\n\n
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\u2019s access to the Services.<\/p>\n\n\n\n
In the event of serious or repeated breach, The Tongue Teacher SAS may permanently suspend the practitioner\u2019s account and terminate their subscription without prior notice or compensation.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 8 \u2013 User Support<\/strong><\/h2>\n\n\n\n
The Tongue Teacher SAS provides the practitioner with a support service intended to answer questions related to the use of the Services.<\/p>\n\n\n\n
Support is available through the communication channels specified by The Tongue Teacher SAS, notably by email at: support@tongueteacher.com<\/strong>, and where applicable through other contact methods indicated on the platform.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Support is available during business days and hours communicated by The Tongue Teacher SAS.<\/p>\n\n\n\nArticle 9 \u2013 Liability<\/strong><\/h2>\n\n\n\n
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.<\/p>\n\n\n\n
<\/strong>The practitioner remains solely responsible for:<\/p>\n\n\n\n\n
<\/strong>The Tongue Teacher SAS shall not be held liable, in particular, in cases of:<\/p>\n\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 10 \u2013 Amendments to the Terms<\/strong><\/h2>\n\n\n\n
The Tongue Teacher SAS reserves the right to modify these Terms at any time, particularly for technical, legal, security, or service evolution reasons.<\/p>\n\n\n\n
Any substantial modification of the Terms shall be notified to the practitioner electronically or by any other appropriate means.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Continued use of the Services after the effective date of the amended Terms constitutes full acceptance by the practitioner.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 11 \u2013 Duration and Termination<\/strong><\/h2>\n\n\n\n
These Terms apply for the entire duration of the practitioner\u2019s use of the Services and as long as their user account remains active.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
The Tongue Teacher SAS may temporarily or permanently suspend the practitioner\u2019s account in the event of breach of these Terms or the GTC, in accordance with Article 7.<\/p>\n\n\n\n\n
Article 12 \u2013 Governing Law and Jurisdiction<\/strong><\/h2>\n\n\n\n
These Terms are governed and interpreted in accordance with French law, to the exclusion of any other legislation.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\nArticle 13 \u2013 Miscellaneous Provisions<\/strong><\/h2>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
These Terms express the entire agreement between the parties regarding use of the Services.
They supplement the GTC, which prevail for all commercial provisions.<\/p>\n","protected":false},"excerpt":{"rendered":"