Conditions Générales d'Utilisation

Terms of Use of the Delta Service.

Preamble

These Terms of Use (hereinafter "ToU") govern access to and use of the Delta software (hereinafter "the Service" or "Delta"), published by:

Delta Labs SAS, a simplified joint-stock company with a share capital of €1,000, registered with the Niort Trade and Companies Register under number 102 094 448, SIRET 102 094 448 00010.

• Registered office: 11 BIS Allée du Muguet, 79200 Parthenay, France
• Phone: +33 7 66 80 89 66
• Email: admin@mydelta.app
• Intra-community VAT number: FR36102094448
• President and Publication Director: Grégory Ilan Muschel
• Hosting provider: Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855 Luxembourg. HDS-certified — data hosted in France (eu-west-3 region, Paris)

Subscription to a paid plan is governed by the Terms of Sale (ToS). Personal data processing is detailed in the Privacy Policy and the Data Processing Agreement (DPA).

By accessing the Service and creating an account, the User acknowledges having read, understood and accepted these ToU in full and without reservation. If the User does not accept these terms, they must not use the Service.

Article 1 — Definitions

The following terms, when used with a capital letter, have the following meaning:

• "User": any mental health professional (psychologist, psychotherapist, psychiatrist or any legally authorised professional) with an active account on Delta.
• "Patient": any natural person receiving therapeutic care from the User and whose data is processed via the Service.
• "Service": all the features offered by Delta, accessible via the web and/or mobile application.
• "Clinical Data": session notes, reports, patient histories, transcripts and any information entered, imported or generated in the context of use of the Service.
• "Copilot": Delta's contextual assistance feature that provides real-time pointers, references, points of attention and information to the User during or between sessions, based on recognised theoretical frameworks and patient history.
• "Generated Content": session notes, reports, summaries, pre-session briefings, Copilot suggestions, proposed follow-up messages and any other content automatically produced by Delta.
• "Account": the User's personal area, accessible via their login credentials.
• "AI Sub-processor": the technical provider supplying the artificial intelligence models used by the Service for content generation, as identified in Article 4.4.

Article 2 — Purpose and description of the Service

2.1 Nature of the Service

Delta is an organisational and editorial assistance software intended exclusively for mental health professionals practising in France or Belgium. The Service notably offers:

• Automatic generation of structured session notes (themes, key points, follow-up directions)
• Automatic generation of professional clinical reports
• Building and maintaining a cumulative patient history
• Identifying links, recurring themes and patterns between sessions
• Preparing contextual pre-session briefings
• Providing contextual cues, lines of thought and points of attention via the Copilot (depending on the subscribed plan)
• Proposing patient follow-up messages subject to prior validation by the User
• Export of data and reports in PDF format

2.2 Exclusion of medical device qualification

Delta is not a medical device within the meaning of Regulation (EU) 2017/745 on medical devices. The Service does not provide any diagnosis, any automated therapeutic decision, or any prescription.

The suggestions, cues and lines of thought provided by the Copilot are exclusively informational and organisational in nature. They are inspired by recognised theoretical frameworks in clinical psychology, but in no case do they replace the User's clinical judgement. These elements constitute aids to reflection and not medical recommendations.

2.3 Operation of the Copilot

The Copilot is a contextual assistance feature that analyses the context of the current session and the patient's history to provide the User with:

• Lines of thought inspired by recognised theoretical frameworks in clinical psychology
• Points of attention (recurring themes, signals to watch for, elements of vigilance)
• Links with previous sessions that the User may wish to explore

Important: The Copilot does not make any decision. Each suggestion is subject to the User's exclusive judgement, who may adopt, modify or ignore it. The User must in no case rely exclusively on the Copilot's suggestions to make clinical decisions.

2.4 Role and responsibility of the User

The User remains solely responsible for:

• All clinical and therapeutic decisions
• Validating, modifying or deleting any Generated Content before use or transmission
• The accuracy and relevance of the information they validate or transmit to their patients or colleagues
• Compliance with their ethical and legal obligations as a mental health professional
• Informing their patients of the use of the Service (see Article 6)

Article 3 — Access conditions and registration

3.1 Eligibility

Access to the Service is strictly reserved for duly qualified mental health professionals and, where applicable, registered with the relevant professional registry (ADELI directory in France, Commission des psychologues in Belgium). The Publisher reserves the right to request proof of this status.

3.2 Account creation

Registration requires the provision of accurate, complete and up-to-date information, notably:

• First name, last name and professional qualification
• Professional email address
• ADELI number or equivalent (where applicable)
• Practice or workplace address

The User undertakes to update this information in the event of any change.

3.3 Login credentials

The User is solely responsible for keeping their credentials confidential. Any use of the Service from their Account is deemed to have been made by the User. In the event of suspected unauthorised use, the User must inform the Publisher without delay.

3.4 Free trial period

The Service offers a free trial period of fourteen (14) calendar days from the creation of the Account. During this period, the User benefits from all the features of the chosen plan without any commitment. No payment method is required for the trial period.

At the end of the trial period, the User may choose to subscribe to a paid plan. Otherwise, access to the features is suspended. The data entered during the trial period is retained for thirty (30) days following expiration.

Article 4 — Personal data protection

Personal data processing is detailed in the Privacy Policy, a separate document available at mydelta.app. The provisions below summarise the key points.

4.1 Respective qualifications

The User is the data controller within the meaning of the GDPR for the Clinical Data of their patients. The Publisher acts as a data processor within the meaning of Article 28 of the GDPR. The respective obligations are formalised in the Data Processing Agreement (DPA) annexed hereto.

4.2 Health data

The Clinical Data constitutes health data within the meaning of Article 9 of the GDPR. Its processing is necessary for therapeutic care and is carried out under the responsibility of a professional bound by professional secrecy (Article 9(2)(h) of the GDPR).

4.3 Hosting and security

All Clinical Data is hosted in France, with Amazon Web Services EMEA SARL, HDS-certified (eu-west-3 region, Paris), in accordance with Article L. 1111-8 of the French Public Health Code. The data is not transferred outside the European Economic Area.

The security measures implemented include:

• Strong encryption of Clinical Data at rest (AES-256) and in transit (TLS 1.3)
• Strict access control and data isolation between Users
• Secure authentication with optional two-factor authentication
• Logging and traceability of accesses
• Daily encrypted and geographically redundant backups
• Regular penetration tests and vulnerability detection programme

4.4 Technical sub-processing (artificial intelligence)

The Service uses artificial intelligence models provided by a third-party provider (hereinafter the "AI Sub-processor") for content generation. As of the date hereof, the AI Sub-processor is Google LLC (Gemini models).

In this context:

• The Clinical Data transmitted to the AI Sub-processor is limited to the strict minimum necessary for the processing of each request
• The data is transmitted in encrypted form (TLS 1.3) and processed on servers located in Europe (eu-west region)
• The AI Sub-processor contractually undertakes to retain no data beyond the time strictly necessary for the technical processing of the request (zero retention policy)
• No Clinical Data is used for training third-party models
• The up-to-date list of technical sub-processors is available on request or in the DPA annexed hereto

Transfers outside the EEA: as of the date hereof, all processing (hosting and AI processing) takes place within the European Economic Area. In the event of changes, any transfer outside the EEA would be governed by the European Commission's Standard Contractual Clauses (decision 2021/914) and, where applicable, by the supplementary measures recommended by the EDPB.

4.5 Use for improvement purposes

Subject to explicit, separate consent that can be withdrawn at any time, certain data previously irreversibly anonymised may be used to improve the technical performance of the Service. No identifiable or re-identifiable data is used for this purpose.

4.6 Data subject rights

The User has the rights of access, rectification, erasure, restriction, portability and objection regarding their personal data. These rights are exercised by email to admin@mydelta.app. The Publisher undertakes to respond within thirty (30) days.

As regards patient data, the User is solely competent to respond to requests to exercise rights. The Publisher assists the User to the extent possible.

Article 5 — Obligations of the User

The User undertakes to:

• Use the Service in accordance with its purpose and these ToU
• Hold the required professional qualifications
• Inform their patients of the use of an organisational assistance tool, in accordance with their ethical obligations and the GDPR
• Obtain patient consent where required
• Systematically validate any Generated Content before use, archiving or transmission
• Not rely exclusively on the Copilot's suggestions to make clinical decisions
• Maintain the confidentiality of their login credentials
• Report without delay any security breach or unauthorised use of their Account
• Not attempt to decompile, disassemble or reverse-engineer the Service
• Not use the Service for illegal purposes or for purposes contrary to professional ethics

Article 6 — Patient consent and information

6.1 Information obligation

The User is solely responsible for informing their patients of the use of a digital organisational assistance tool in the context of their practice.

6.2 Collection of consent

The User is solely responsible for collecting their patients' consent where required. The User ensures that the consent is freely given, specific, informed and unambiguous.

6.3 Information template

The Publisher provides a patient information form template that may be adapted. This template is provided for guidance only and does not constitute legal advice.

6.4 Absence of relationship with patients

The Publisher has no direct relationship with the User's patients and cannot be held liable for any failure by the User to meet their obligations of information or consent.

Article 7 — Patient follow-up messages

The follow-up message feature operates according to the following principles:

• Delta proposes contextualised follow-up messages to the User
• No message is sent to the patient without prior explicit validation by the User
• The User may modify, approve or delete any proposed message
• The User is solely responsible for the content of the messages they validate and send

Article 8 — Intellectual property

8.1 Ownership of the Service

The Service is the exclusive property of the Publisher. The User is granted a personal, non-exclusive, non-transferable and non-assignable right of use for the duration of their subscription.

8.2 Ownership of Clinical Data and Generated Content

The User retains full ownership of their Clinical Data. The Content Generated by Delta belongs to the User. The Publisher claims no intellectual property right over this content.

8.3 Portability and export

The User may at any time export their Clinical Data in structured formats (CSV, PDF, JSON). This feature is free of charge.

Article 9 — Liability of the Publisher

9.1 Obligation of means

The Publisher undertakes to provide the Service with due diligence, as an obligation of means.

The Service relies on artificial intelligence technologies that may produce variable results. The Generated Content must be systematically checked and validated by the User before any use.

9.2 Exclusions of liability

The Publisher cannot be held liable for:

• Clinical decisions made by the User, including those influenced by the Copilot's suggestions
• The accuracy or completeness of the Generated Content
• Damages resulting from use or inability to use the Service
• Indirect damages, loss of revenue, customers or opportunities
• The consequences of disclosure of the User's credentials

9.3 Availability

The Publisher endeavours to maintain the Service accessible 24/7, without warranty of uninterrupted availability. Interruptions may occur for maintenance (48 hours' advance notice except in emergency), updates or technical incidents.

9.4 Force majeure

The Publisher cannot be held liable in the event of force majeure (Article 1218 of the French Civil Code), including natural disasters, network outages, cyberattacks, governmental decisions.

9.5 Liability cap

The Publisher's total liability is limited to the amount of sums paid by the User during the twelve (12) months preceding the triggering event.

Article 10 — Suspension and termination by the Publisher

The Publisher may suspend or terminate the Account, with prior formal notice of fifteen (15) days except in emergency, in the event of:

• Breach of the ToU
• Fraudulent or illegal use of the Service
• Non-payment after two reminders (in accordance with the ToS)
• Attack on the security of the Service

The User has thirty (30) days to export their data after notification.

Article 11 — Modification of the ToU

The Publisher may modify these ToU with 30 days' advance notice by email. Continued use constitutes acceptance. In case of refusal, the User may terminate without charge.

Each version of the ToU is identified by a version number and a date of entry into force. Previous versions are preserved and accessible upon request.

Article 12 — Governing law and disputes

12.1 Governing law

French law for Users in France, Belgian law for Users in Belgium.

12.2 Amicable resolution

The parties undertake to seek an amicable solution within a period of thirty (30) days.

12.3 Jurisdiction

Failing that, the competent courts of the Publisher's registered office (Tribunal judiciaire de Niort) will have sole jurisdiction, subject to the mandatory rules of jurisdiction applicable where the User acts as a consumer.

Article 13 — Miscellaneous provisions

13.1 Severability

The invalidity of one clause does not affect the others.

13.2 Entirety

These ToU, the ToS, the Privacy Policy and the DPA constitute the entire agreement.

13.3 Contact

• Email: admin@mydelta.app
• Phone: +33 7 66 80 89 66
• Address: 11 BIS Allée du Muguet, 79200 Parthenay, France