Terms of Use

Sémio — LA TOUR DE BABEL CORPORATION (LTB SARL)

The version of these Terms in force is the one displayed within the application.

1. PURPOSE

These Terms of Use (the "Terms") govern access to and use of the Sémio mobile application (the "Application") published by LA TOUR DE BABEL CORPORATION, and set out the rights and obligations of the parties.

2. PUBLISHER IDENTIFICATION

Corporate name: LA TOUR DE BABEL CORPORATION, abbreviated "LTB SARL" (the "Publisher").
Legal form: limited liability company (SARL) governed by Cameroonian law (OHADA).
Registered office: Yaoundé, Cameroon.
Registration: Trade Register (RCCM) No. RC/YAO/2023/B/2161.
Contact: semio.ltdb@gmail.com.
Infrastructure host: cloud hosting provider (identity provided on request).
Other company identification details (share capital, legal representative) are provided on request.

3. DEFINITIONS

"User": any natural person of legal age holding an account and acting within a healthcare training or practice context.
"Content": all information, texts, images, three-dimensional models, pharmacological data, and AI-generated suggestions available through the Application.
"User Content": any item uploaded or entered by the User, in particular documents and training cases.
"AI Features": the features relying on artificial intelligence models.
"Services": all features offered by the Application.

4. ACCEPTANCE OF THE TERMS

4.1. Access to and use of the Application are subject to prior, express, and unreserved acceptance of these Terms through an affirmative action by the User at sign-up.

4.2. The User acknowledges having been able to review the Terms in full and to retain them on a durable medium before acceptance.

4.3. Translated versions may be provided for information; in the event of any discrepancy, the French-language version prevails.

5. ELIGIBILITY

5.1. The Application is reserved for natural persons of legal age practising or training for a healthcare profession.

5.2. The Application is not intended for minors. The User warrants that they meet the eligibility conditions and provide accurate information.

6. DESCRIPTION OF THE SERVICE AND POSITIONING

6.1. The Application provides digital tools for strictly educational and training purposes, including a three-dimensional anatomy atlas, semiology modules, an AI-based conversational assistant, a pharmacological reference database, and a clinical observation entry simulator.

6.2. The observation simulator is a training tool for clinical reasoning. It is NOT an electronic health record ("EHR"/"EMR"), nor a medical records management system, nor a care tool, and is not intended to host or manage records of real patients.

6.3. The Application is not a medical device within the meaning of Regulation (EU) 2017/745 or equivalent regulations in other jurisdictions. It is not intended to establish a diagnosis, prescribe treatment, or guide the care of any specific patient.

6.4. The User undertakes to use the simulator only with training, fictitious, or duly anonymized data, and never with data identifying a real patient.

7. MEDICAL DISCLAIMER

7.1. The Content, including AI-generated suggestions, is provided for information and training purposes only. It does not constitute and cannot replace medical advice, diagnosis, or treatment.

7.2. The Content is not a substitute for the advice, diagnosis, or treatment of a qualified healthcare professional. The User must never disregard, delay, or set aside medical advice because of information from the Application.

7.3. Any clinical decision is the sole responsibility of the healthcare professional, who must rely on direct examination of the patient, their own judgment, and the official recommendations applicable in their jurisdiction.

7.4. Use of the Content is at the User's sole risk. The Publisher does not warrant the accuracy, completeness, or timeliness of the Content. In case of emergency or doubt, the User must contact a healthcare professional or the relevant emergency services.

8. NO CARE RELATIONSHIP

8.1. Use of the Application, including the conversational assistant, creates no care relationship between the User, or any third party, and the Publisher, and does not constitute an act of telemedicine.

8.2. The Application must not be used in an emergency or to make a decision concerning a real patient.

9. USER ACCOUNT

9.1. Registration requires creating an account with personal credentials. The User undertakes to provide accurate information and keep it up to date.

9.2. The User is solely responsible for the confidentiality of their credentials and for any activity carried out from their account, and shall promptly notify the Publisher of any unauthorized use.

9.3. The User may delete their account at any time from within the Application, under the conditions of Article 19.

10. ARTIFICIAL INTELLIGENCE FEATURES

10.1. Certain features rely on artificial intelligence models. The User is informed that they are interacting with an automated system and not with a natural person or a healthcare professional.

10.2. Outputs produced by the AI Features are provided "as is", for educational purposes. They may be inaccurate, incomplete, or erroneous and constitute neither advice, nor a diagnosis, nor a prescription.

10.3. The User retains full responsibility for critically assessing the AI outputs and must not rely on them as a sole source.

10.4. Content submitted to the AI Features is anonymized on the User's device before any transmission to third-party AI model providers, as described in the Privacy Policy. Content is not used to train AI models absent a separate, revocable consent from the User.

11. USER CONTENT

11.1. Definition. The "My Documents" feature allows the User to upload PDF files (the "Documents") intended as reference sources for the educational assistant.

11.2. User warranties. On each upload, the User warrants that they hold the necessary rights to the Document or are duly authorized, that the Document infringes no third-party rights, and that it contains no information identifying a real patient. The User bears sole civil and criminal liability for any upload made without sufficient rights.

11.3. Prohibition of patient-identifying data. It is strictly prohibited to upload or enter any information directly or indirectly identifying a real patient, in particular names, dates of birth, addresses, record numbers, named reports, named prescriptions, or photographs enabling a person's identification. Breach may result in suspension or termination of the account and engages the User's liability.

11.4. Technical limits. Uploads are subject to number, size, and format limits to ensure availability of the Service, viewable within the Application.

11.5. Licence granted to the Publisher. The User grants the Publisher a non-exclusive, non-transferable, non-sublicensable, royalty-free licence, limited to the duration of hosting the User Content, for the sole purposes of storage, automatic processing for indexing, and returning the Content to the submitting User. This licence excludes any commercial use, any disclosure to third parties, and any use for training artificial intelligence models.

11.6. Isolation. User Content and its derivatives are stored in a logically isolated space per account. No User Content is accessible to another user, isolation being ensured by application-level filtering on the authenticated User's identifier.

11.7. No general monitoring obligation. The Publisher is under no general obligation to monitor User Content. It reserves the right to remove any manifestly unlawful Content of which it becomes aware.

11.8. Hosting status. For the sole "My Documents" feature, the Publisher acts as a hosting provider. Its liability for stored Content can be engaged only where, having actual knowledge of its manifestly unlawful nature, it fails to act promptly to remove it or disable access.

11.9. Notice-and-takedown procedure. Any rights holder considering that Content infringes their rights may send a reasoned notice to semio.ltdb@gmail.com, stating the work and rights concerned, evidence of the notifier's standing, and a good-faith statement. The Publisher reviews any notice and, in the event of manifest infringement, removes the Content or disables access promptly. For claims under United States law, a notice-and-counter-notice procedure consistent with the Digital Millennium Copyright Act is available at the same address.

12. PERSONAL DATA

The processing of the User's personal data is described in the Privacy Policy, accessible within the Application, which forms an integral part of these Terms.

13. INTELLECTUAL PROPERTY

13.1. All elements of the Application, in particular the interface, code, three-dimensional models, texts, illustrations, databases, and trademarks, are protected by intellectual property rights and remain the exclusive property of the Publisher or its licensors.

13.2. The Publisher grants the User a personal, non-exclusive, non-transferable, revocable right of use for strictly educational and internal professional purposes. Any unauthorized reproduction, representation, adaptation, extraction, reuse, or commercial exploitation is prohibited.

13.3. The User retains rights to their User Content. Outputs generated by the AI Features from the User's inputs may be used by the User for internal educational purposes, without assigning any rights to the Application or its Content.

14. SUBSCRIPTIONS, CREDITS, AND PAYMENTS

14.1. Certain features are accessible by auto-renewing subscription or through usage credits. Price, frequency, and essential characteristics are displayed before any purchase.

14.2. Payments, renewal, and cancellation of subscriptions are handled by the distribution platform through which the Application was obtained, under its rules. The subscription renews automatically until cancelled by the User, effective at the end of the current period. Refund requests are handled under the rules of the relevant platform.

14.3. Right of withdrawal. Where acting as a consumer, the User has a right of withdrawal under applicable law. For digital content supplied immediately, a User who has expressly consented to immediate performance acknowledges that this right lapses once performance begins.

14.4. Credits. Usage credits are not convertible into cash; their validity and consumption terms are specified within the Application.

15. WARRANTIES

To the extent permitted by law, the Application and Content are provided "as is" and "as available", without express or implied warranty, in particular without warranty of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, or uninterrupted availability. This clause does not affect the mandatory statutory warranties benefiting the User acting as a consumer.

16. LIMITATION OF LIABILITY

16.1. To the extent permitted by law, the Publisher's liability for indirect, incidental, or consequential damages is excluded, and its total liability, for all events combined, is capped at the amount paid by the User during the twelve months preceding the triggering event.

16.2. Nothing in these Terms limits or excludes the Publisher's liability where the applicable law prohibits it, in particular for wilful misconduct, gross negligence, or personal injury, nor deprives the consumer User of their mandatory rights.

17. INDEMNIFICATION

To the extent permitted by law, the User shall indemnify the Publisher against any third-party claim, action, or judgment arising from their User Content, non-compliant use of the Application, or breach of these Terms or of a third party's rights.

18. AVAILABILITY AND CHANGES TO THE SERVICE

The Publisher endeavours to ensure the availability of the Application but does not warrant uninterrupted operation. Maintenance, updates, or incidents may cause temporary unavailability. The Publisher may evolve the Services and modify their features.

19. SUSPENSION AND TERMINATION

19.1. The User may terminate and delete their account at any time from within the Application. Account deletion results in the erasure of associated data under the conditions of the Privacy Policy.

19.2. The Publisher may suspend or terminate a User's access in the event of a breach of these Terms, in particular the entry of data identifying real patients or misuse of the Services. Termination is notified electronically.

19.3. Provisions which by their nature are intended to survive termination remain applicable, in particular those relating to intellectual property, warranties, liability, indemnification, and governing law.

20. DISTRIBUTION-PLATFORM-SPECIFIC TERMS

20.1. These Terms are concluded between the User and the Publisher alone, and not with the operators of the distribution platforms, in particular Apple and Google. The Publisher is solely responsible for the Application and its Content.

20.2. Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against the User. Those operators are under no obligation to provide maintenance or support for the Application.

20.3. The User undertakes to comply with the terms of use of the distribution platform through which the Application was obtained.

21. AMENDMENT OF THE TERMS

The Publisher may amend these Terms. Users are informed in advance of any material change and invited to accept the amended Terms at the next login. Continued use after entry into force constitutes acceptance. A consumer User who refuses the changes may terminate.

22. GOVERNING LAW AND DISPUTE RESOLUTION

22.1. These Terms are governed by Cameroonian law, the Publisher's registered seat, without prejudice to applicable international conventions.

22.2. Where the User acts as a consumer, this choice does not deprive them of the protection afforded by the mandatory provisions of the law of their country of habitual residence, and disputes fall under the courts designated by the mandatory consumer-protection rules.

22.3. Users residing in the United States agree that any dispute shall be resolved by binding individual arbitration and waive participation in any class action, to the extent permitted by applicable law and subject to an opt-out exercised as provided.

22.4. Consumers in the European Union may use the European Commission's online dispute resolution platform. The parties favour amicable resolution before any litigation.

23. MISCELLANEOUS

23.1. Force majeure: the Publisher is not liable for a failure due to an event beyond its reasonable control.
23.2. Severability: the invalidity of a provision does not affect the validity of the others.
23.3. Entire agreement: these Terms, the Privacy Policy, and the associated consents constitute the entire agreement.
23.4. Assignment: the Publisher may assign these Terms; the User may not assign their rights without prior agreement.
23.5. No waiver: failure to exercise a right does not constitute a waiver of that right.
23.6. Compliance: the User represents that they are not located in an embargoed country, are not on an applicable sanctions list, and will not use the Application for prohibited purposes.

24. CONTACT

Any question or claim regarding these Terms may be sent to the Publisher at semio.ltdb@gmail.com or via the details in Article 2.