The Tongue Teacher SAS
Version 1.0 dated 13\/11\/2025<\/p>\n\n\n\n
1.1 Definition of the Services<\/strong> 1.2 Scope of the Services<\/strong> 1.3 Nature of the Services<\/strong> 1.4 Intended Users of the Services<\/strong> 1.5 Scope of the GTC<\/strong> 2.1 Company Name and Legal Form<\/strong> 2.2 Registered Office<\/strong> 2.3 Registration<\/strong> 2.4 Share Capital<\/strong> 2.5 Contact Details<\/strong> 3.1 Contractual Nature<\/strong> 3.2 Online Acceptance<\/strong> 3.3 Exclusion of Conflicting Terms<\/strong> 3.4 Practitioner Declaration<\/strong> 3.5 Non-Acceptance<\/strong> 4.1 Nature of the Services<\/strong> 4.2 Components of the Services<\/strong> 4.3 Available Programs<\/strong> 4.4 Educational Nature<\/strong> 4.5 Service Evolution<\/strong> 5.1 Account Creation<\/strong> 5.2 Login Credentials<\/strong> 5.3 Use by Staff<\/strong> 5.4 Fair and Reasonable Use 5.5 Security Tracking<\/strong> 5.6 Technical Access Requirements 6.1 License of Use<\/strong> 6.2 Prohibited Uses<\/strong> 6.3 Protected Content<\/strong> 6.4 Legal Protection<\/strong> 6.5 No Transfer of Rights<\/strong> 7.1 Subscription Terms<\/strong> 7.2 Applicable Prices<\/strong> 7.3 Promotional Discounts<\/strong> The conditions, terms, and durations of these offers are defined and communicated by The Tongue Teacher SAS at the time they are implemented.<\/p>\n\n\n\n These offers apply within the limits and under the conditions specified at the time of subscription and do not create any vested right for the future.<\/p>\n\n\n\n 7.4 Included Patients<\/strong> 7.5 Price Changes<\/strong> 7.6 No Right of Withdrawal<\/strong><\/p>\n\n\n\n The practitioner declares that they act for professional purposes. Consequently, no right of withdrawal provided by consumer law applies to these GTC. Any month started is due and cannot be refunded.<\/p>\n\n\n\n 8.1 Payment Service Provider<\/strong> 8.2 Monthly Invoicing<\/strong> 8.3 Payment Methods<\/strong> 8.4 Payment Default<\/strong> 8.5 Fees in Case of Non-Payment<\/strong> 8.6 Billing History<\/strong> 8.7 VAT Rules Based on Location<\/strong> The practitioner is responsible for the accuracy of billing information (in particular their VAT number).<\/p>\n\n\n\n 9.1 Suspension for Non-Payment<\/strong> 9.2 Termination by the Practitioner<\/strong> 9.3 Consequences of Suspension or Termination<\/strong> 9.4 Data Export<\/strong> 9.5 Data Archiving<\/strong> 9.6 Export After the Deadline<\/strong> 10.1 Roles of the Parties<\/strong> 10.2 Data Collected from the Practitioner<\/strong> 10.3 Data Collected from Patients<\/strong> 10.4 Patient Consent<\/strong> 10.5 Data Retention<\/strong><\/p>\n\n\n\n 10.6 Security and Hosting<\/strong> 10.7 Data Subject Rights<\/strong> 11.1 Best Efforts Obligation<\/strong> 11.2 Practitioner Responsibility<\/strong> 11.3 Patient Adherence<\/strong> 11.4 Limitation of Liability<\/strong> 11.5 Exclusions of Liability<\/strong> 11.6 Force Majeure<\/strong> 12.1 Changes to the Services<\/strong> 12.2 Security Updates<\/strong> 12.3 Price Changes<\/strong> 12.4 Refusal of New Terms<\/strong> 12.5 Amendments to the GTC<\/strong> 13.1 Force Majeure<\/strong> 13.2 Planned Unavailability<\/strong> 13.3 Unplanned Unavailability<\/strong> 13.4 No Availability Guarantee<\/strong> 14.1 Governing Law<\/strong> 14.2 Competent Jurisdiction<\/strong> 14.3 Safeguard Clause<\/strong> 15.1 Severability<\/strong> 15.2 No Waiver<\/strong> 15.3 Electronic Evidence and Communication<\/strong> 15.4 Entire Agreement<\/strong> The Tongue Teacher SASVersion 1.0 dated 13\/11\/2025 Article 1 \u2013 Purpose 1.1 Definition of the ServicesThese General Terms and Conditions of Sale (hereinafter the \u201cGTC\u201d) are intended to define the terms and conditions under which The Tongue Teacher SAS, a simplified joint-stock company (soci\u00e9t\u00e9 par actions simplifi\u00e9e) whose registered office is located at 44 Avenue<\/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-495","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n
These General Terms and Conditions of Sale (hereinafter the \u201cGTC\u201d) are intended to define the terms and conditions under which The Tongue Teacher SAS, a simplified joint-stock company (soci\u00e9t\u00e9 par actions simplifi\u00e9e) whose registered office is located at 44 Avenue Maurice Thorez, 13110 Port-de-Bouc, provides healthcare practitioners with a myofunctional rehabilitation software solution (hereinafter the \u201cServices\u201d).<\/p>\n\n\n\n
The Services include in particular:<\/p>\n\n\n\n\n
The Services have a strictly educational purpose. They do not constitute a medical device, do not provide any medical diagnosis, and do not in any way replace the practitioner\u2019s clinical judgment.<\/p>\n\n\n\n
The Services are exclusively intended for healthcare professionals acting within the scope of their professional activity. Any subscription implies that the practitioner declares that they act as a healthcare professional.<\/p>\n\n\n\n
These GTC govern the entire contractual relationship between The Tongue Teacher SAS and the practitioner, to the exclusion of any other terms.<\/p>\n\n\n\nArticle 2 \u2013 Company Identification<\/strong><\/h2>\n\n\n\n
This contract is entered into with The Tongue Teacher SAS, a simplified joint-stock company under French law.<\/p>\n\n\n\n
The company\u2019s registered office is located at 44 Avenue Maurice Thorez, 13110 Port-de-Bouc, France.<\/p>\n\n\n\n
The company will be registered with the Trade and Companies Register (Registre du Commerce et des Soci\u00e9t\u00e9s \u2013 RCS) of Aix-en-Provence under a number that will be communicated once assigned.<\/p>\n\n\n\n
The amount of the company\u2019s share capital will be specified upon final registration.<\/p>\n\n\n\n
For any request for information or complaint, the practitioner may contact The Tongue Teacher SAS:<\/p>\n\n\n\n\n
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<\/li>\n\n\n\nArticle 3 \u2013 Acceptance of the GTC<\/strong><\/h2>\n\n\n\n
These General Terms and Conditions of Sale (GTC) govern the contractual relationship between The Tongue Teacher SAS and the practitioner. They prevail over any general or specific terms not expressly accepted by The Tongue Teacher SAS.<\/p>\n\n\n\n
Subscription to the Services implies full, unconditional, and unreserved acceptance of these GTC.
Acceptance is formalized by electronic validation when the practitioner registers on the platform.<\/p>\n\n\n\n
Any conflicting term set by the practitioner, including their own general or specific purchasing terms, shall not be enforceable against The Tongue Teacher SAS unless expressly accepted in writing by the latter.<\/p>\n\n\n\n
By accepting these GTC, the practitioner declares and warrants that they act as a healthcare professional within the scope of their professional activity.<\/p>\n\n\n\n
If these GTC are refused, the practitioner may not access or use the Services offered by The Tongue Teacher SAS.<\/p>\n\n\n\nArticle 4 \u2013 Description of the Services<\/strong><\/h2>\n\n\n\n
The Tongue Teacher SAS provides SaaS (Software as a Service) software intended to assist practitioners in monitoring educational myofunctional rehabilitation programs.<\/p>\n\n\n\n
The Services include:<\/p>\n\n\n\n\n
The programs offered by the platform cover various aspects of myofunctional therapy, including: breathing pattern, lingual frenulum, parafunctional habits, tongue posture and swallowing, chewing, overall posture, and speech.<\/p>\n\n\n\n
The Services provided by The Tongue Teacher SAS have an exclusively educational purpose. They do not constitute a medical device, do not allow any medical diagnosis to be made, and do not replace the practitioner\u2019s clinical assessment.<\/p>\n\n\n\n
The Tongue Teacher SAS reserves the right to change the content or presentation of the Services at any time, without such changes giving rise to any compensation for the practitioner.<\/p>\n\n\n\nArticle 5 \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 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 they authorize access to their staff in accordance with Article 5.3. 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 use their account under their sole responsibility. In the current state of the Services, The Tongue Teacher SAS does not provide differentiated management of rights and permissions for staff members.<\/p>\n\n\n\n
<\/strong>The practitioner undertakes to use the Services fairly and reasonably, in accordance with their professional purpose. Normal use is understood to include up to 500 active patients per practice.
Beyond this threshold, The Tongue Teacher SAS reserves the right to offer specific adapted terms.<\/p>\n\n\n\n
As part of fraud prevention, The Tongue Teacher SAS collects and retains connection IP addresses for a maximum period of 12 months. These data are used solely for security purposes and are not used for any commercial purpose. <\/p>\n\n\n\n
<\/strong>Access to the Services requires an Internet connection and compatible IT equipment. Costs related to access and use (Internet connection, equipment) remain at the practitioner\u2019s expense.<\/p>\n\n\n\nArticle 6 \u2013 License of Use and 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
The practitioner is strictly prohibited from:<\/p>\n\n\n\n\n
All content accessible via the Services, including videos, exercises, quizzes, rehabilitation programs, avatars, characters, graphic universes, texts, images, logos, trademarks, and graphic charters, is the exclusive property of The Tongue Teacher SAS.<\/p>\n\n\n\n
Such content is 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 the Services does not entail any transfer of intellectual property rights to the practitioner.
All rights not expressly granted under these GTC remain the exclusive property of The Tongue Teacher SAS.<\/p>\n\n\n\nArticle 7 \u2013 Subscription and Financial Terms<\/strong><\/h2>\n\n\n\n
Subscription to the Services is entered into on a monthly basis, renewable by tacit renewal.
It is non-binding in duration: the practitioner may terminate at any time, subject to the notice period provided in Article 9 of these GTC.<\/p>\n\n\n\n
Prices for the Services are expressed in euros and are exclusive of taxes (excluding VAT).
Value Added Tax (VAT) at the applicable rate is added to the price excluding VAT, unless an exemption provided by law applies.<\/p>\n\n\n\n
The Tongue Teacher SAS reserves the right, at its sole discretion, to offer promotional deals or temporary discounts on the price of the Services.<\/p>\n\n\n\n
The subscription includes an unlimited number of patients, subject to fair and reasonable use as defined in Article 5.4 of these GTC.<\/p>\n\n\n\n
The Tongue Teacher SAS reserves the right to change its prices at any time, subject to one (1) month\u2019s prior notice.
If the practitioner refuses the new prices, they retain the right to terminate their subscription free of charge.<\/p>\n\n\n\nArticle 8 \u2013 Invoicing and Payment<\/strong><\/h2>\n\n\n\n
Payments relating to the Services are processed by Stripe Payments Europe Ltd.
The Tongue Teacher SAS does not store any of the practitioner\u2019s bank card data.<\/p>\n\n\n\n
The subscription is billed monthly, issued on the anniversary date of subscription.
Invoices are issued in euros and take into account the applicable VAT.<\/p>\n\n\n\n
Payment is made exclusively by bank card via the Stripe platform.
The practitioner warrants that they have the necessary authorizations to use this method of payment.<\/p>\n\n\n\n
In the event of payment default or rejection, access to the Services is immediately suspended.
Suspension does not release the practitioner from their payment obligation.<\/p>\n\n\n\n
In addition to the payment of the amounts due, a flat-rate fee of \u20ac100 (excl. VAT) is applied for administrative costs.
This fee is added to the minimum statutory compensation of \u20ac40 provided for by Article L. 441-10 of the French Commercial Code.<\/p>\n\n\n\n
Invoice and payment history is retained for a period of ten (10) years, in accordance with legal obligations.<\/p>\n\n\n\n
Prices are indicated excluding VAT. VAT is invoiced in accordance with regulations:<\/p>\n\n\n\n\n
Article 9 \u2013 Suspension \u2013 Termination \u2013 Data Export<\/strong><\/h2>\n\n\n\n
In the event of payment default or rejection, The Tongue Teacher SAS will immediately suspend access to the Services.
Suspension does not affect the practitioner\u2019s obligation to pay the amounts due.<\/p>\n\n\n\n
The practitioner may terminate their subscription at any time, subject to one (1) month\u2019s notice.
Termination takes effect on the subscription anniversary date following notification.
Any month started remains due and gives rise to no refund.<\/p>\n\n\n\n
In the event of suspension or termination, the practitioner\u2019s access to the Services is interrupted.
Patient data nevertheless remain stored on The Tongue Teacher SAS\u2019s HDS-certified servers, under the conditions defined in Article 10.<\/p>\n\n\n\n
From the date of suspension or termination, the practitioner has twelve (12) months to export all of their patient data.
Export is carried out via the tools provided by The Tongue Teacher SAS.<\/p>\n\n\n\n
Beyond the twelve (12) month period provided in Article 9.4, patient data are archived in a frozen format for a maximum period of ten (10) years from the end of the last active program or the last update of the file, under HDS security conditions. This archive is not accessible to the practitioner and is intended to comply with legal obligations and manage potential disputes.<\/p>\n\n\n\n
Any export request made after the twelve (12) month period is subject to specific pricing, in accordance with the applicable fee schedule communicated by The Tongue Teacher SAS at the time of the request.<\/p>\n\n\n\nArticle 10 \u2013 Personal Data and Health Data<\/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
The Tongue Teacher SAS collects and processes the following personal data:<\/p>\n\n\n\n\n
Within the framework of the mobile application, the following data are collected:<\/p>\n\n\n\n\n
Patient consent is collected directly via the mobile application through pop-ups, checkboxes, and explicit messages.
The Tongue Teacher SAS retains proof of these consents in its databases.<\/p>\n\n\n\n\n
All patient data are hosted on HDS-certified servers (OVH and Amazon).
The Tongue Teacher SAS implements the technical and organizational measures necessary to ensure the security and confidentiality of the data.<\/p>\n\n\n\n
In accordance with the GDPR, patients and practitioners have rights of access, rectification, erasure, restriction, and portability of their data.
They may also object to certain processing operations. These rights may be exercised by contacting the Data Protection Officer (DPO) at: dpo@tongueteacher.com.<\/strong><\/p>\n\n\n\nArticle 11 \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 implement reasonable efforts to ensure the availability, security, and quality of the Services, without guaranteeing uninterrupted continuity or the total absence of errors.<\/p>\n\n\n\n
The practitioner remains solely responsible for:<\/p>\n\n\n\n\n
The success of a rehabilitation program depends on the patient\u2019s diligence and adherence.
The Tongue Teacher SAS shall not be held liable for a patient\u2019s lack of participation or progress.<\/p>\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 Tongue Teacher SAS shall not be held liable, in particular, in the event of:<\/p>\n\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 12 \u2013 Changes to the Services and the GTC<\/strong><\/h2>\n\n\n\n
The Tongue Teacher SAS reserves the right to modify the Services at any time, including by adding, removing, or changing certain functionalities.
Such changes may be motivated by technical, legal, security, or user experience improvement reasons.<\/p>\n\n\n\n
The practitioner acknowledges and accepts that The Tongue Teacher SAS may require the installation of security updates necessary for proper functioning and protection of data processed by the Services.<\/p>\n\n\n\n
The Tongue Teacher SAS may change its prices at any time, subject to one (1) month\u2019s prior notice communicated to the practitioner by any written or electronic means.<\/p>\n\n\n\n
In the event of refusal of new pricing or contractual conditions, the practitioner may terminate their subscription under the conditions set out in Article 9.
Failing termination before the end of the notice period, the practitioner shall be deemed to have accepted the new conditions.<\/p>\n\n\n\n
The Tongue Teacher SAS may modify these GTC at any time.
Any modification will be notified to the practitioner electronically.
The amended GTC apply to any subscription or renewal after their effective date.<\/p>\n\n\n\nArticle 13 \u2013 Force Majeure and Unavailability<\/strong><\/h2>\n\n\n\n
The Tongue Teacher SAS shall not be held liable for failure to perform its obligations in the event of a force majeure event as defined by Article 1218 of the French Civil Code and French case law.
Events considered as force majeure include, in particular: natural disasters, fires, floods, strikes, power or network outages, cyberattacks, hosting failures, or any circumstance reasonably beyond The Tongue Teacher SAS\u2019s control.<\/p>\n\n\n\n
The practitioner acknowledges that access to the Services may be temporarily interrupted for maintenance, updates, or technical developments.
The Tongue Teacher SAS will endeavor to limit the duration and frequency of such interruptions and to inform the practitioner where possible.<\/p>\n\n\n\n
In the event of unplanned unavailability due to a technical incident, The Tongue Teacher SAS will implement all reasonable means to restore access to the Services as soon as possible.<\/p>\n\n\n\n
No service level commitment (SLA) is provided by The Tongue Teacher SAS in the current version of the Services. The practitioner may not claim any compensation in the event of temporary or permanent unavailability of the Services.<\/p>\n\n\n\nArticle 14 \u2013 Governing Law and Jurisdiction<\/strong><\/h2>\n\n\n\n
These General Terms and Conditions of Sale 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 GTC 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 15 \u2013 Miscellaneous<\/strong><\/h2>\n\n\n\n
If one or more provisions of these GTC 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 invoke, at a given time, any clause of these GTC shall not be interpreted as a waiver of its right to invoke 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 GTC express the entire agreement between the parties and prevail over any other document or term, unless a written and signed agreement between the practitioner and The Tongue Teacher SAS provides otherwise.<\/p>\n","protected":false},"excerpt":{"rendered":"