Promotal MedConnect

Terms of Service

Effective date: 05/05/2026

These Terms of Service ("Terms") govern access to and use of the Promotal MedConnect teleconsultation platform (the "Service" or "Platform"), published by PROMOTAL SAS, a French société par actions simplifiée registered under SIREN 421 156 720, with registered office at 22 rue Saint-Denis-de-Gastines, 53500 Ernée, France ("PROMOTAL", "we").

1. Purpose and scope

The Platform is a software solution enabling teleconsultation and tele-expertise medical acts to be performed by licensed healthcare professionals, for the benefit of patients within their care pathway. The Platform is offered internationally; specific features, regulatory clearances and supported jurisdictions vary by country and are described in the applicable product documentation. These Terms apply to anyone accessing the Platform, whether as a healthcare professional ("HCP User") or as a patient ("Patient"). Where a user resides in the United States, the United-States-specific provisions in section 14 also apply.

Use of the Platform implies full and unconditional acceptance of these Terms. Any person who does not accept the Terms must refrain from using the Platform.

2. Nature of the Service and medical qualification

PROMOTAL is the publisher of the Platform and provides a technical tool enabling remote medical acts. PROMOTAL does not practise medicine, does not prescribe, does not establish diagnoses and employs no physician performing teleconsultations on the Platform. The medical act is performed under the sole responsibility of the HCP User, who practises independently within their own practice or usual care setting, in accordance with the medical-practice statutes, professional-conduct rules and licensing requirements applicable in their jurisdiction (including, for France, Articles R.6316-1 et seq. of the French Public Health Code; for the United States, the medical-practice acts and telehealth statutes of the relevant State and applicable federal law).

Certain software modules of the Platform may qualify as medical devices within the meaning of Regulation (EU) 2017/745 (CE marking) or as software-as-a-medical-device under the U.S. Food, Drug, and Cosmetic Act and applicable U.S. Food and Drug Administration (FDA) regulations. Regulatory clearance status varies by module and by jurisdiction; the relevant product documentation specifies, where applicable, the intended purpose, usage limits, classification and the territories in which a module may lawfully be used. Modules not cleared for a given jurisdiction must not be used there.

3. Medical emergencies

The Platform is not a medical emergency service. In a life-threatening emergency, call your local emergency services immediately — 911 in the United States and Canada, 999 in the United Kingdom, 112 across the European Union (and 15 SAMU / 18 fire brigade in France), 000 in Australia, or the equivalent emergency number where you are located.

Teleconsultation does not substitute for in-person care when the Patient's clinical condition requires it. The HCP User assesses, under their sole responsibility, whether teleconsultation is appropriate and refers the Patient to suitable care where necessary.

4. Eligibility and user accounts

4.1 HCP Users

Registration on the Platform as an HCP User is restricted to healthcare professionals holding a valid, current and unrestricted licence to practise in their jurisdiction (for example, RPPS or ADELI in France; an unrestricted State medical, nursing or allied-health licence in the United States; equivalent registration with the competent national authority elsewhere). HCP Users must be in active practice and authorised to deliver care to patients located where the patient is at the time of the consultation. HCP Users authenticate using the identity-proofing mechanism applicable to their jurisdiction (e-CPS in France; multi-factor authentication and, where required, identity-proofing equivalent to NIST SP 800-63 IAL2/AAL2 in the United States). The HCP User warrants the accuracy of the professional information provided and undertakes to report any change in licensure or disciplinary status without delay. Registration of the HCP User on the Platform is conditional on the express, electronic and time-stamped acceptance of these Terms, which include the conflicts-of-interest declaration set out in Article 7.

4.2 Patients

Use of the Platform by a Patient requires legal majority (18 years, or the age of majority where the Patient resides) or, for minors and protected persons, the intervention of their parent or legal representative who accepts these Terms on their behalf. The Patient is identified using the patient-identification framework applicable to their jurisdiction (the National Health Identity / INS in France; government-issued identification combined with verification questions in jurisdictions without a national patient identifier). The Patient warrants the accuracy of the information provided and acknowledges that the quality of care depends on the truthfulness and completeness of that information.

4.3 Credential security

Each user is responsible for the confidentiality of their credentials and for any action carried out from their account. Any suspected misuse must be reported to PROMOTAL without delay.

5. Teleconsultation: roles and responsibilities

5.1 PROMOTAL's responsibility

PROMOTAL bears a best-efforts obligation regarding the provision, reasonable availability, security and regulatory compliance of the Platform. PROMOTAL implements the technical and organisational measures described in section 6 below.

5.2 HCP User's responsibility

The HCP User is solely responsible for the medical act, diagnosis, prescription and follow-up of the Patient. In particular, the HCP User assesses whether teleconsultation is appropriate for the clinical situation, observes medical professional ethics, professional secrecy and applicable regulations, and retains the Patient's medical record in accordance with their legal obligations.

5.3 Patient

The Patient uses the Platform as part of their own care. The Patient undertakes not to impersonate any third party, to provide accurate information and to behave respectfully toward the healthcare professional.

6. Regulatory compliance and security

PROMOTAL operates the Platform in accordance with the legal and regulatory framework applicable to digital health services, including:

6.1 United States: HIPAA

The Platform is not, by default, configured as a service for the creation, receipt, maintenance or transmission of Protected Health Information ("PHI") on behalf of a HIPAA-covered entity within the meaning of the U.S. Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). Where an HCP User or healthcare-organisation customer is a covered entity or business associate under HIPAA and intends to use the Platform to handle PHI, that user must execute a separate Business Associate Agreement ("BAA") with PROMOTAL before transmitting PHI through the Platform. Without an executed BAA, users must not transmit PHI through the Platform.

6.2 United States: State telehealth and consumer-protection laws

HCP Users practising in the United States are solely responsible for compliance with the medical-practice act, telehealth statute, prescribing rules, informed-consent requirements and corporate-practice-of-medicine doctrine of each State in which they practise or in which the Patient is located at the time of the consultation. Patients in California, Virginia, Colorado, Connecticut, Utah and other States with comprehensive consumer-privacy statutes have additional rights described in the Privacy Policy.

PROMOTAL operates an Information Security Management System in accordance with ISO/IEC 27001 and conducts regular audits of its Platform.

7. Independence and conflicts of interest

7.1 Publishing company and capital independence

PROMOTAL SAS, publisher of the System, is a French société par actions simplifiée registered under SIREN 421 156 720. It is independent: no healthcare-sector company holds its capital, and it holds no health-related subsidiary. The trade name "Groupe Eloi", which is sometimes associated with PROMOTAL for historical communications reasons, does not refer to any separate legal entity or to any "groupe" within the meaning of Articles L.233-1 et seq. of the French Commercial Code; it entails no capital or financial link affecting the independence declared in this article.

7.2 Explicitly absent relationships

PROMOTAL holds no capital, commercial or funding partnership with any pharmaceutical company, mutual insurer or supplementary health insurance organisation. The Platform displays no pharmaceutical product advertising and contains no marketplace for health products.

7.3 No medical practice by PROMOTAL

PROMOTAL does not operate any teleconsultation centre and employs no physician performing teleconsultations on the Platform. HCP Users practise independently within their own practice or usual care setting.

7.4 Prescription neutrality

PROMOTAL receives no remuneration, direct or indirect, linked to a prescription act of the HCP User. The System pushes no medicinal product, no external medical device and no third-party service into the HCP User's workflow. No physician is paid based on prescription volume by PROMOTAL.

7.5 Technology partners

In the ordinary course of business, PROMOTAL contracts with technology suppliers (notably AWS for HDS-certified hosting, Stellair / Olaqin for electronic care-sheet billing (FSE), Stripe for payments) and purchases CE-marked medical devices from manufacturers for integration into the Platform. None of these partners remunerates PROMOTAL based on prescription or consultation volume by HCP Users.

7.6 Information and acceptance

The full conflicts-of-interest declaration is available at any time on the public page /conflicts-of-interest. By accepting these Terms upon first connection, the HCP User acknowledges having read this article.

7.7 Review

This declaration is reviewed at least annually and upon any material change to the company structure or partner list. Any material change will trigger a fresh request for acceptance of the Terms.

8. Personal data and medical secrecy

The conditions under which personal data, including health data, are processed are set out in the Privacy Policy, which forms an integral part of these Terms. Health data is covered by the duty of medical confidentiality applicable to the HCP User and is hosted in environments meeting the certifications required for the relevant jurisdiction (HDS-certified Health Data Host for France; environments configured for HIPAA compliance under a BAA for in-scope U.S. deployments).

9. Intellectual property

The Platform, its source code, databases, interfaces, editorial content, trademarks and logos are the exclusive property of PROMOTAL or its licensors and are protected by intellectual property law. PROMOTAL grants the user a personal, non-exclusive and non-transferable right to use the Platform solely for the purposes set out in these Terms.

Users retain intellectual property in the content they submit via the Platform (notably medical reports, prescriptions and medical documents). They grant PROMOTAL a limited licence to use such content strictly as necessary to provide the Service and meet its legal obligations.

10. Prohibited activities

Users shall not:

11. Availability, maintenance and changes

PROMOTAL takes reasonable measures to ensure availability of the Platform. Scheduled or corrective maintenance may cause temporary interruptions. Where possible, PROMOTAL informs HCP Users of scheduled operations. PROMOTAL may evolve the Platform and these Terms; material changes are notified to users in advance. Continued use after the effective date constitutes acceptance.

12. Limitations of liability

Subject to mandatory law, PROMOTAL's liability is limited to breaches of the best-efforts obligations defined in these Terms. PROMOTAL shall not be liable for:

No provision of these Terms limits PROMOTAL's liability in the event of gross negligence, wilful misconduct, fraud, personal injury caused by negligence, or any liability that cannot be excluded or limited under applicable mandatory law.

To the maximum extent permitted by applicable law, PROMOTAL's aggregate liability under or in connection with these Terms — whether in contract, tort (including negligence), strict liability, statute or otherwise — shall not exceed the greater of (a) the fees paid by the user (or the user's organisation) to PROMOTAL for use of the Platform during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100). In no event shall PROMOTAL be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost data or loss of goodwill, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the foregoing limitations apply to the fullest extent permitted by law.

13. Suspension and termination

PROMOTAL may suspend or terminate a user's access, with prior notice except in emergency situations, in the event of breach of these Terms, fraudulent use, security compromise or any situation presenting a risk to Patients or to the Service. Termination is without prejudice to the application of statutory health data retention obligations.

14. Governing law and dispute resolution

These Terms are governed by the substantive law of France, without regard to its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the United-States-specific provisions in section 14.2 below and to any mandatory consumer-protection rules, any dispute, claim or controversy arising out of or relating to these Terms or the Platform (a "Dispute") shall be submitted to the exclusive jurisdiction of the competent courts of France. Consumer users in the European Economic Area or the United Kingdom retain the benefit of the protective provisions of their national law and may have recourse to the competent consumer mediator and to the European online dispute resolution platform.

14.1 Informal resolution

Before filing a claim, each party agrees to attempt to resolve the Dispute informally for at least sixty (60) days by sending a written notice describing the Dispute and the proposed resolution to PROMOTAL at the address in section 16, or to the user at the email address on file.

14.2 United States: binding arbitration, class-action waiver, jury-trial waiver

This section 14.2 contains a binding arbitration agreement and a class-action waiver. It affects how disputes between you and PROMOTAL are resolved. Read it carefully.

If you reside in the United States or use the Platform in the United States, you and PROMOTAL agree that, except as stated below, any Dispute will be resolved exclusively by final and binding individual arbitration administered by the International Chamber of Commerce ("ICC") under its Rules of Arbitration in effect at the time the arbitration is commenced. The arbitration shall be conducted by a single arbitrator. The seat (legal place) of the arbitration shall be Paris, France; the language of the arbitration shall be English; hearings may be conducted remotely (by video, telephone or written submissions) at either party's request, so that no party is required to travel internationally to participate. The arbitrator's award is final and may be entered in any court of competent jurisdiction, including under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention", to which both France and the United States are signatories). The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the validity and enforceability of this arbitration agreement in U.S. courts.

Class-action waiver. To the fullest extent permitted by law, you and PROMOTAL each waive the right to participate in a class action, class arbitration, collective action, private-attorney-general action or any other proceeding in which any party acts or proposes to act in a representative capacity. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides this class-action waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought in court, while all other claims continue in arbitration.

Jury-trial waiver. To the fullest extent permitted by law, you and PROMOTAL each waive any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Platform.

Carve-outs. Either party may bring (i) an individual action in small-claims court for Disputes within that court's jurisdiction, and (ii) a court action seeking injunctive or other equitable relief to protect intellectual-property rights, confidential information or to prevent unauthorised access to the Platform.

30-day opt-out. You may opt out of this section 14.2 by sending a written notice to PROMOTAL at the address in section 16 or to [email protected] within thirty (30) days of first accepting these Terms or of the date this section is materially modified, stating your name, the email associated with your account, and a clear statement that you opt out of arbitration. Opting out has no effect on any other provision of these Terms.

Severability of this section 14.2. If any portion of this section 14.2 (other than the class-action waiver, which has its own severability rule above) is held unenforceable, that portion shall be severed and the remainder of section 14.2 shall remain in effect.

15. Miscellaneous

If any provision of these Terms is held unlawful or unenforceable, the remaining provisions shall remain in force. PROMOTAL's failure to invoke a provision shall not constitute a waiver of the right to invoke it later. Electronic communications, electronic signatures and online acceptances are admissible as evidence between the parties to the fullest extent permitted by applicable law (including, in the United States, the federal Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted in the user's State).

16. Contact

For any question regarding these Terms:

PROMOTAL SAS
22 rue Saint-Denis-de-Gastines, 53500 Ernée, France
[email protected]