GENERAL TERMS AND CONDITIONS FOR USE OF SCORAD and PO-SCORAD APPLICATIONS


The SCORAD and PO-SCORAD applications are published by the Foundation for Atopic Dermatitis – Research and Education (" Foundation for Atopic Dermatitis "), Hôtel Dieu Saint Jacques, whose head office is located at 2, rue Viguerie, Toulouse (31000), France. Its e-mail address and telephone number are fondationdermatiteatopique@pierre-fabre.com and +33 (0)5.62.87.77.57. respectively.

Mr. Georges Farah, President of the Foundation for Atopic Dermatitis, is the Application's publication director.

ARTICLE 1. DEFINITIONS

The terms beginning with a capital letter, whether singular or plural, have the meanings given to them below.

1.1 PO-SCORAD Application: the PO-SCORAD Application is the digital version of the SCORAD Tool published by the Foundation for Atopic Dermatitis to help Patient Users evaluate and monitor the evolution of their disease.

1.2 SCORAD Application: the SCORAD Application is the digital version of the SCORAD Tool published by the Foundation for Atopic Dermatitis to help Health Professional Users during consultation.

1.3 Application : the SCORAD Application or the PO-SCORAD Application

1.4 Scores : the scoring of eczema symptoms that Users enter into the Application to calculate the SCORAD/PO-SCORAD Index based on the following criteria: extent of the eczema, intensity of the eczema, severity of itching or sleep disturbance. Each criterion has a weight coefficient.

1.5 SCORAD Index: the score given by the SCORAD Application based on Scores provided by Health Professional Users

1.6 PO-SCORAD Index : the score given by the PO-SCORAD Application based on the Scores provided directly by the Patient User

1.7 Information: the Scores and data constituting the user Profile

1.8 Profile: a profile created by the User consisting of a last name, first name, date of birth and skin type.

1.9 SCORAD Tool: an eczema symptom scoring tool that calculates SCORAD and PO-SCORAD Indexes, developed and validated in 1990 by a group of experts: the European Task Force of Atopic Dermatitis

1.10 Terminal: a smartphone, tablet or computer

1.11 Patient User: an individual, or their legal representative if the Patient User is a minor and does not use the SCORAD Tool themselves, using the PO-SCORAD Application personally or on a minor's behalf, for strictly personal, non-commercial purposes.

1.12 Health Professional User: a healthcare professional

1.13 User: a Patient User or a Health Professional User

ARTICLE 2. OBJECT AND SCOPE OF APPLICATION

2.1 These general terms and conditions of use (« GTCU ») define the conditions under which the Foundation for Atopic Dermatitis permits Users to use the Application for free on their Terminal.

2.2 Users must first read and accept all the GTCU before using the Application. Clicking "I agree" means the User unreservedly accepts the GTCU. Users cannot use the Application if they refuse to accept the GTCU, which are available at all times on http://scorad.org/ and http://poscorad.com/.

ARTICLE 3. TERMS OF USE

To obtain a SCORAD/PO-SCORAD Index, the User must first create a profile:

1) By filling out the requested identification data on the form provided;
2) By evaluating all the signs and symptoms requested, failing which the SCORAD/PO-SCORAD Index cannot be calculated.

The SCORAD/PO-SCORAD Index can then be saved for each Profile in the Application. The Scores and corresponding illustrations can be sent by e-mail or exported.

Users are solely responsible for ensuring that Information and photos entered into the Application are accurate, coherent and exhaustive.

For optimal use, Users shall ensure proper functioning and maintenance of their Terminal.

ARTICLE 4. WARNING

When Profiles are created using personal data, the Scores provided by Users to calculate the SCORAD/PO-SCORAD Index as well as the SCORAD/PO-SCORAD Index obtained constitute a personal health data within the meaning of the applicable regulation. Users are therefore advised to protect and limit the dissemination of personal data. The decision to disclose data rests entirely with Users. Hence, they are responsible for ensuring that third parties take all the necessary security measures.

Users shall take the appropriate security measures to limit third-party access to the Application via their Terminal and protect their information (for example by password-protecting their Terminal).

The PO-SCORAD Index is calculated based on self-assessed Scores. The PO-SCORAD Index therefore corresponds to a self-evaluated score which provides a global assessment of eczema severity.

Under no circumstances shall the SCORAD/PO-SCORAD Index replace diagnosis by a healthcare professional. The Application does not give medical advice and its functions do not constitute a diagnosis or an eczema diagnosis guide.

ARTICLE 5. TERMS OF USE FOR HEALTH PROFESSIONAL USERS ONLY

The use of SCORAD Application by Health Professional Users complies with the professional and ethical rules applicable to healthcare professionals.

The Foundation for Atopic Dermatitis recommends that Health Professional Users mention their use of the SCORAD Application in the patient's medical file.

Health Professional Users shall be responsible for all Scores entered into the SCORAD Application as well as the Profiles they create. Health Professional Users shall acknowledge that they are solely responsible for taking decisions concerning their patients' health. Hence, the Foundation for Atopic Dermatitis shall not be liable for medical advice given by Health Professional Users on eczema or any other disease.

To enter a patient's personal data into the SCORAD Application, Health Professional Users shall personally demand formal authorization from competent authorities and take the necessary security measures. Generally, Professional Users comply with the laws and regulations in force concerning treatment and, particularly, handling health data. Where applicable, Professional Users shall take all useful precautions to maintain the security and confidentiality of Patients' information if they wish to transmit them as part of their professional obligations, including clinical studies.

To conduct clinical studies the Health Professional Users must (i) fill out and send the corresponding declaration form to poscorad@gmail.com and (ii) adhere to and (iii) comply with the “Charter for using the SCORAD tool during clinical studies” which defines the rules to be followed. Regardless of the clinical study conducted, Health Professional Users shall comply with the applicable legal obligations concerning personal data protection.

ARTICLE 6. INTELLECTUAL PROPERTY

The SCORAD tool was developed and validated in 1990 by a group of experts: Task Force of Atopic Dermatitis.

The SCORAD/PO-SCORAD Application was designed and developed by the Foundation patterned after the SCORAD tool, with the help of Professor Jean-François Stalder.

SCORAD© and PO-SCORAD© are registered trademarks. The Foundation for Atopic Dermatitis retains all intellectual property rights concerning the SCORAD/PO-SCORAD Application, and their related user rights.

These rights concern all the Application's components, illustrations, texts, brands and logos.

The Foundation for Atopic Dermatitis freely grants Users a personal, non-exclusive, revocable, non-transferable, worldwide right to use the Application for the legal duration of the intellectual property rights. The Application shall be used solely for personal needs, and not for any other purpose.

It is strictly forbidden for Users to access and/or use the Application's source codes.

Users are only entitled to the intellectual property rights given to them by these GTCU. Users are therefore prohibited, particularly, from reproducing, representing, adapting and / or exploiting one or more elements of the Application.

Users expressly undertake that the use of the Application shall not in any circumstances infringe upon the rights of the Foundation for Atopic Dermatitis, and in particular, that such use shall not constitute an act of counterfeiting, or unfair or parasitic competition.

ARTICLE 7. RESPONSIBILITY

7.1 The Application functions without internet connection. Information provided by Users are exclusively stored in the Terminal used. The Foundation for Atopic Dermatitis shall not have access to such Information or the SCORAD/PO-SCORAD Index, and shall not process any data entered. Furthermore, the Foundation shall never verify Users' identity, monitor, filter, modify or revise any information entered.

7.2 The Foundation for Atopic Dermatitis shall ensure the Application's proper functioning. However, in case of malfunction, Users shall inform the Foundation immediately at the address of their choice listed in article 10 of these TGCU.

7.3 Users are solely responsible for the use of the Application and shall therefore ensure the confidentiality of their information with respect to third parties.

7.4 Considering that the Application is free for Health Professional Users, the Foundation for Atopic Dermatitis shall not be liable for any prejudice that Health Professional Users may suffer for using the SCORAD Application, excluding bodily injury, within the limits indicated in the "Charter for using the SCORAD Tool during clinical studies».

7.5 Health Professional Users agree not to use the Information and Application to gain clients, promote a product, service, healthcare organization, company, or for any advertizing or promotional purpose.

ARTICLE 8. LATEST VERSIONS OF THE APPLICATION

The latest versions of the Application, accompanied by applicable GTCU shall be made available to Users via online application download platforms and on the websites http://scorad.org/ and http://poscorad.com/.

ARTICLE 9. PERSONAL DATA

No personal User data shall be collected by the Foundation for Atopic Dermatitis during the Application's download.

ARTICLE 10. COMPLAINTS

All complaints relating to the Application's use shall be addressed to the Foundation for Atopic Dermatitis at the following address:

Fondation pour la Dermatite Atopique
Hôtel Dieu Saint Jacques
2, rue Viguerie - 31025 Toulouse (France)

or send it to the Foundation's e-mail address: fondationdermatiteatopique@pierre-fabre.com.

ARTICLE 11 – APPLICABLE LAW

Unless otherwise required by law, the Application's use is subject to French law. Within the framework of relations with Health Professional Users, the French courts shall be competent to rule over any dispute concerning the running of the Application.

All other brand names, product names, or trademarks belong to their respective holders. Terms and conditions - Copyright © 2017 Foundation for Atopic Dermatitis. All rights reserved.