Terms of use and sale

This is an English translation provided for convenience. The French version of these terms is the authoritative one (see article 30).

These general terms of use and sale (the “Terms”) govern access to and use of the Depression mobile app, as well as subscription to its paid offer. They form a contract between you and the publisher. If you do not accept them, do not install or use the App.

1. Definitions

• App: the Depression mobile app, for iPhone and Android, including its content, its updates and the online services associated with it.
• Publisher, “we”: BAUGEY MATHEO, trading as DEVOLIM, identified in article 2.
• User, “you”: any natural person who installs and uses the App for their personal needs.
• Kolo: the App's character and the conversational assistant that bears its name, whose answers are generated by an artificial intelligence system supplied by a third-party provider.
• Premium Offer: the optional paid offer giving access to additional features, described in article 17.
• Platform: Apple's App Store or Google's Google Play, which distribute the App and sell the Premium Offer.
• Your content: everything you enter in the App (first name, moods, questionnaire answers, journal, thoughts, safety plan, contacts, treatments, messages to Kolo, suggestions and reports).

2. Publisher

The App is published by BAUGEY MATHEO, sole trader (entrepreneur individuel) trading as DEVOLIM, 248 rue de Bègles, 33800 Bordeaux, France, SIREN 948 000 757. Contact: contact.depression@devolim.fr. The legal notice supplements these Terms.

3. Purpose

The Terms set out the rules for using the App, the mutual commitments of the Publisher and the User, and the terms of sale of the Premium Offer. The health disclaimer and the privacy policy form an integral part of the Terms.

4. Acceptance

Before you first use it, the App shows you the health disclaimer and asks you to accept the Terms. The version and date of your acceptance are recorded on your phone. In the event of a significant change, the App asks you to accept again. By accepting, you declare that you have read and understood the health disclaimer and these Terms, and that you have reached the required minimum age.

5. Access conditions and minimum age

• Minimum age: 16. The App is not intended for people under 16, who must not use it. If you are under 16 and going through a difficult time, talk to a trusted adult or to your doctor, or call 3114 (suicide prevention) or 119 (children at risk), free of charge and reachable at any time in France. A parent or guardian who thinks that a child under 16 is using the App may write to us.
• The App is free to download. It works without an account: you are not asked for any name, email address or password.
• The App is designed primarily for France. The help numbers displayed depend on the country inferred from your phone's settings; outside France, they are limited to the European emergency number and an international directory of support lines.
• You need a compatible, up-to-date phone. Kolo, sending messages to the team and purchases require an internet connection, at your own expense depending on your plan.

6. Description of the service

The App offers, in particular: mood tracking, the PHQ-9 self-assessment questionnaire and its history, breathing, relaxation, grounding and self-compassion exercises (including help during a panic attack), a guided programme of activities and lessons, a gratitude journal and a tool for examining your thoughts, a safety plan, trusted contacts, reminders (including treatment reminders), signposting to help resources, a lock by passcode or biometrics, and the Kolo assistant. Features may change under the conditions of article 19.

The crisis help features (help button, emergency and support line numbers, trusted contacts, safety plan) are available without a subscription.

7. Nature of the service: wellbeing, not healthcare

The App's content (lessons, exercises, audio recordings, programmes, Kolo's texts) is provided as general information and support. It draws on recognised methods but does not take your individual situation into account. No result is guaranteed: the Publisher promises neither an improvement in your condition nor a cure. Before making any decision about your health, consult a qualified professional. The use you make of the App and the decisions you take are your responsibility, within the limits set out in article 21.

8. Emergencies and crisis situations

If you are having suicidal thoughts, if you are in danger or if someone else is, do not use the App to deal with it: call 3114 (suicide prevention), 15 or 112 (emergencies) straight away, or 114 by text message if you cannot speak; outside France, the emergency number of the country (see the Urgent help page).

The App and the assistant automatically detect certain words expressing distress in order to offer you help. This detection is an additional precaution and is imperfect by nature: it may fail to recognise a serious situation, or be triggered wrongly. Displaying a number does not guarantee that the call will go through, as this depends on your phone, your network and the service called. The helplines mentioned are services independent of the Publisher.

9. The Kolo assistant

Kolo is an artificial intelligence system: when you write to it, you are interacting with a computer program, not with a human being or a health professional. Its answers are generated automatically by a model supplied by a third-party provider (OpenAI), based on instructions written by the Publisher.

• Kolo can only be used after you have given your explicit consent, obtained in the App and revocable at any time (see the privacy policy).
• Despite the care taken in its design and the automatic checks on its answers, Kolo may produce answers that are inaccurate, incomplete, unsuitable or wrong. Its answers never constitute medical, psychological, legal or professional advice, nor advice about a medicine. Use your own judgement and, if in doubt, consult a professional.
• Access to Kolo is limited in number of messages, depending on whether or not you have the Premium Offer; the limits in force are shown in the App. Technical limits also protect the service against abusive or automated use. When a crisis is detected in a message, the help numbers are displayed even without a subscription and even if the daily limit has been reached, subject to the technical protections against abuse.
• Kolo may be temporarily unavailable, in particular in the event of maintenance, a provider outage or a global limit being reached.
• You can report one of Kolo's answers from within the App (long press on the answer). Reports are reviewed in order to improve the assistant's safety.
• You are responsible for the messages you send to Kolo. Do not include your name, or any information that could identify you or a third party.

10. PHQ-9 questionnaire

The PHQ-9 questionnaire is a recognised self-assessment tool. Its result is an indication, not a diagnosis: only a health professional can make a diagnosis. Never decide on your own to start a treatment, or to stop one, based on this result. The App allows you to share your results with your doctor; you alone choose who receives them.

11. Treatment reminders

Treatment reminders are a memory aid. They rely on your phone's notifications, which may be delayed or blocked (settings, battery saving, permission withdrawn, change of phone). The Publisher does not guarantee their delivery. You remain responsible for taking your treatment, and any change to a treatment must be decided with your doctor or pharmacist. The App does not check doses, interactions or contraindications.

12. Trusted contacts and safety plan

You can save in the App the contact details of trusted people, chosen from your phone's address book using the system picker. This information stays on your phone. It is up to you to make sure that these people agree to be contacted. The App never contacts anyone on your behalf: it only opens the call or message on your phone, at your request. Any costs of these communications depend on your operator.

13. Data stored on the phone

Your content is stored in encrypted form on your phone, and not on the Publisher's servers (except as described in the privacy policy). As a result:

• the loss, theft, breakage or reset of your phone, uninstalling the App or using the “Erase everything” (« Tout effacer ») feature results in the permanent loss of this content, which the Publisher cannot recover;
• on Android, this content is neither backed up to the cloud nor transferred to a new phone; on iPhone, it can only be restored from an encrypted backup of the device or by direct transfer to a new iPhone;
• the App offers an export of your data: it is up to you to use it if you wish to keep a copy, and to protect the exported file.

14. Lock and phone security

The App offers a lock by passcode or by Face ID or fingerprint. You are responsible for keeping your passcode confidential and for the security of your phone (unlock code, system updates). Anyone who has access to your unlocked phone and to the App can see your content if the lock is not enabled. The emergency help features remain accessible from the App's lock screen.

15. Your content

You remain the owner of your content. Solely for the content you choose to send (messages to Kolo, suggestions, bug reports, reports), you authorise the Publisher and its providers to process it to the extent necessary to reply to you, to ensure the security of the service and to improve it, under the conditions of the privacy policy. You undertake not to include in it any unlawful content, or information about third parties without their consent.

16. Permitted use and prohibitions

The App is reserved for personal, non-commercial use. In particular, you agree not to:

• use the App in a manner contrary to its purpose, to these Terms or to the law;
• misuse Kolo for unlawful or malicious purposes or for purposes unrelated to its support purpose, or attempt to make it produce dangerous, hateful or unlawful content;
• bypass or attempt to bypass the protections, the usage limits or access to the Premium Offer;
• extract, copy or reuse the App's content by automated or large-scale means;
• decompile, disassemble or reverse engineer the App, except where expressly permitted by law;
• disrupt the operation of the App or of the servers associated with it.

In the event of a breach, the Publisher may restrict access to the App's online services (in particular Kolo), under the conditions of article 23.

17. Premium Offer (terms of sale)

The App may provide a paid offer (subscription with automatic renewal and/or in-app purchase) giving access to additional features. The nature of the offer, its price, its duration, its renewal terms and, where applicable, whether a free trial is offered and for how long, are shown in the App and by the Platform (App Store or Google Play) before you confirm any purchase; this information may change and the version displayed at the time of purchase prevails.

Prices and payment

Prices are those displayed in the App and by the Platform at the time of purchase, inclusive of all taxes, in the currency of your account. They may vary by country and may change; any increase is notified to you by the Platform before it takes effect, in accordance with its rules. Payment is made through your Apple or Google account: the Publisher receives neither your bank details nor your identity.

Trial period

Where a free trial period is offered, its conditions are those displayed at the time of subscription. Unless cancelled at least 24 hours before it ends, the subscription continues automatically and the current price is charged by the Platform.

Automatic renewal and cancellation

The subscription renews automatically for the same period at the end of each period, unless cancelled at least 24 hours before it ends. Cancellation can be done at any time from your Platform account settings (uninstalling the App does not cancel the subscription):

• iPhone: apps.apple.com/account/subscriptions
• Android: play.google.com/store/account/subscriptions

Cancellation takes effect at the end of the current period; paid features remain available until then.

Right of withdrawal

Consumers normally have fourteen days to withdraw. However, under Article L.221-28 of the French Consumer Code (Code de la consommation), this right can no longer be exercised once the supply of the digital content or service has begun with your prior express consent and your express waiver of that right. As in-app purchases are concluded with Apple or Google, the right of withdrawal and its exceptions are exercised with the relevant Platform, under its terms and the consents collected at the time of purchase.

Refunds

Payments are collected by Apple or Google. Any refund request is therefore handled by the relevant Platform: reportaproblem.apple.com for iPhone, or Google Play support for Android. The Publisher has no technical means of issuing a refund itself.

Restoring purchases

On a new phone, the Premium Offer can be recovered with the same Apple or Google account, using the App's “Restore purchases” (« Restaurer mes achats ») feature. Your content, stored on the old phone, is not transferred (article 13).

18. Statutory guarantee of conformity

Consumers benefit from the statutory guarantee of conformity applicable to digital content and services, provided for in Articles L.224-25-12 et seq. of the French Consumer Code. They have two years from the supply of the digital content to have it brought into conformity, free of charge and without major inconvenience. Where the digital content or service is supplied continuously, as with a subscription, the Publisher is liable for any lack of conformity that appears during the entire period of supply.

19. Availability and changes

The Publisher strives to ensure that the App works properly, but cannot guarantee continuous availability of the online services (Kolo, sending messages, purchase verification), which may be interrupted for maintenance, updates, technical incidents or a provider failure. Features that do not need the internet, including the help button, continue to work offline.

The Publisher may change the App, and add, modify or remove features, in particular to improve it, adapt it to the law or strengthen security, while respecting the rights you hold under your current Premium Offer and the statutory guarantee. If a change negatively affects, more than in a minor way, your access to or use of the App, you are informed in advance and may terminate the contract under the conditions provided for by the French Consumer Code. If the App or the Premium Offer is permanently discontinued, the Publisher informs you of this in the App with reasonable notice and stops accepting new subscriptions.

20. Intellectual property

The App and its elements (texts, lessons, exercises, audio recordings, interface, illustrations, animations, code, the Kolo character and the name of the App) belong to the Publisher or are licensed to it. These Terms grant you a personal, non-exclusive, non-transferable and revocable licence to use the App on your devices, for your personal needs, in compliance with the Platform's rules. The PHQ-9 questionnaire remains the property of its rights holders (Pfizer Inc.). Any unauthorised reproduction or exploitation is prohibited.

21. Liability

The Publisher provides the App with care and is liable for its obligations under the conditions provided for by law. Given the nature of the App (article 7), and within the limits permitted by law, the Publisher cannot be held liable for:

• a decision about your health taken solely on the basis of the App, a questionnaire result, content or an answer from Kolo, without the advice of a professional;
• relying on the App instead of emergency, medical or psychological care;
• failure to detect a situation of distress, or failure to deliver a reminder or notification, as the App is not a monitoring service;
• the loss of your content due to your phone, uninstalling the App, using “Erase everything” or not having a backup;
• use of the App contrary to these Terms, or inaccurate information you enter in it;
• access to your content by a person using your phone;
• the operation, opening hours or content of third-party services (helplines, Platforms, your operator's network);
• a temporary interruption of the online services;
• indirect damage, meaning damage that does not result directly from a breach by the Publisher.

No provision of these Terms is intended to exclude or limit the Publisher's liability in the event of gross negligence or intentional misconduct, or for personal injury attributable to it, or to deprive consumers of the rights granted to them by law, in particular under the statutory guarantee of conformity. The above limitations apply only to the extent permitted by law.

22. Force majeure

The Publisher cannot be held liable for a failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code (Code civil), in particular a widespread network outage, a failure of a hosting provider or an essential provider, a cyberattack, a natural disaster or a decision by an authority.

23. End of use

You can stop using the App at any time by uninstalling it; the “Erase everything” feature deletes your content from the phone and, if you are connected to the internet, the data that our servers keep in relation to your anonymous identifier, under the conditions of the privacy policy. Remember to cancel your subscription with the Platform: uninstalling does not cancel it.

In the event of a serious breach of these Terms (in particular abusive or automated use of Kolo, or an attempt to undermine the security of the service), the Publisher may, after informing you where possible, suspend or restrict access to the App's online services. The emergency help features are never restricted.

24. Third-party services and links

The App and the website link to third-party services: helplines and support lines, public services, an international directory of support lines, Platforms. These services are independent of the Publisher, which controls neither their availability, nor their opening hours, nor their content. Their use is governed by their own terms.

25. Personal data

The processing of personal data, including health data, is described in the privacy policy, which forms an integral part of these Terms.

26. Changes to these terms

The Terms may change, in particular as the App or the law evolves. The version in force is the one published on this website, dated at the top of the page. In the event of a significant change, the App asks you to accept them again; if you refuse, you may stop using the App and cancel your subscription under the conditions of article 17. Changes do not apply retroactively to a subscription period that has already been paid for.

27. Complaints and mediation

Any complaint may be sent to contact.depression@devolim.fr: we first look for an amicable solution and reply as quickly as possible.

In-app purchases are made with Apple or Google, as sellers, which collect payment and handle refund requests under their own terms; DEVOLIM provides the service available in the App.

28. Governing law and jurisdiction

These terms are governed by French law. In the event of a dispute, and failing an amicable settlement, the French courts have jurisdiction. Consumers retain the right to bring proceedings before the courts of their place of residence. Consumers residing in another Member State of the European Union retain the benefit of the mandatory provisions of the law of their country of residence.

29. General provisions

If any provision of these Terms is declared void or unenforceable, the other provisions remain in force. The Publisher's failure to rely on a breach does not constitute a waiver of its right to rely on it later. The Terms, the health disclaimer and the privacy policy constitute the entire agreement between you and the Publisher concerning the App. In addition, the Platform's terms apply to purchasing and downloading.

30. Language

These terms were drawn up in French. In the event of any discrepancy between the French version and a translation, the French version prevails.