The ZIWIG website (hereinafter “Ziwig.com”), accessible via the URL (https://www.ziwig.com), is published by ZIWIG, a simplified joint-stock company registered with the Lyon Trade and Companies Register under number 848079075, with its registered office located at 19 rue Riboud, 69003 LYON.

1. Website Availability

Users may access the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond Ziwig’s control, and subject to any maintenance or updates necessary for the proper functioning of the Site.

The Site may be suspended for maintenance and updates.

Ziwig is bound only by an obligation of means regarding the accessibility, operation, and availability of the Site or its content. Ziwig reserves the right to interrupt, suspend, or temporarily limit access to all or part of the Site, particularly due to legal or technical constraints.

In any event, Ziwig will use its best efforts to ensure that the interruption affects the User as little as possible; however, it is hereby specified that Ziwig shall not be held liable for any damages caused by such interruptions.

It is the User’s responsibility to ensure that the equipment they use, and in particular the configuration of their Internet connection, allows them to access the Site.

The User must ensure that they have the latest version of their computer’s operating system and browser.

2. Ziwig’s Obligations, Responsibilities, and Warranties

Ziwig implements the necessary resources and measures to ensure the proper functioning of the Site and to maintain its continuity and quality.

Ziwig does not guarantee that the Site will be error-free or available without interruption, that any defects will be corrected, or that the use of the Site will produce specific results.

The Site is provided “as is.” All information provided by Ziwig on the Site is subject to change without notice.

Ziwig disclaims all warranties, express or implied, including any warranty of accuracy, non-infringement, merchantability, or fitness for a particular purpose.

Access to the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for viewing, querying, or transferring information, the risk of interruption, and more generally, the risks inherent in any Internet connection and transmission, the lack of protection for certain personal data against potential misuse, and the risks of infection by potential viruses circulating on the network.

The User acknowledges that Ziwig cannot be held liable for any interruption of the Site or delay in performance beyond its control and, in particular, that the provision of the Site depends on the reliability, availability, and continuity of connections from a number of third parties or elements (telecommunications network operators, the User’s hardware, etc.).

Under no circumstances shall Ziwig be liable for any indirect, incidental, special, or punitive damages resulting from or in connection with access to the Site, its use, malfunction, or unavailability, regardless of their nature or duration.

Furthermore, Ziwig cannot be held liable for acts (i) resulting from an act or negligence on the part of the User or (ii) that do not comply with applicable regulations and/or these Terms of Use.

3. Website Hosting

Ziwig uses a hosting provider certified as a Health Data Host (known as “HDS”).

The Website and its content are hosted within the European Union.

The terms and conditions governing the collection and processing of personal data are set forth in the Personal Data Protection Policy, which can be accessed here.

4. User Obligations and Responsibilities

The User agrees to:

(i) protect themselves against the risk of data hacking, in particular by using regularly updated antivirus software;

(ii) not engage in any practice that misuses the Site for purposes other than those for which it was designed, or for purposes other than normal use, it being understood that any use or activity deemed disproportionate shall be considered, in particular, as falling outside the scope of normal use.

The User shall indemnify Ziwig for all costs and damages related to claims and legal actions arising from (i) the User’s unlawful, fraudulent, or non-compliant use of the Site in violation of these Terms of Use; (ii) the infringement of Ziwig’s intellectual property rights resulting from the User’s use of the Site.

5. Intellectual Property

The Site is the exclusive property of Ziwig. The Site is protected by intellectual property rights (including, but not limited to, all copyrights, trademarks, and any other existing or future intellectual property rights, both French and international), as well as by the provisions set forth below.

All intellectual and industrial property rights relating to the Site, as well as all elements comprising it (documentation, copyrights, sounds, images, photographs, videos, writings, texts of all kinds, animations, programs, software, graphic design, visual interfaces, utilities, databases, interactive features, etc.), with the exception of personal data, are protected. This content is made available to the User solely for the purpose of using the Site.

The User is granted only a non-transferable, non-exclusive right of access, limited exclusively to use in accordance with these Terms of Use.

The User agrees not to infringe, directly or indirectly, or through third parties with whom they are associated, upon the intellectual property rights associated with the Site.

Consequently, it is strictly prohibited to display, reproduce, and/or use the Site, in whole or in part, in any form or by any means whatsoever, without the prior written consent of Ziwig. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute, and/or transfer all or part of the Site, create derivative works based on these works, authorize a third party to commit such acts, or permit them to do so, without the prior written consent of Ziwig.

Furthermore, the names, logos, domain names, and other trademarks and/or trade names displayed on the Site are protected by intellectual property rights. The User is expressly prohibited from using them in any way whatsoever without the prior written consent of Ziwig.

Failure to comply with the provisions of this section constitutes a violation of intellectual property rights and may result in civil and criminal prosecution.

6. Application and Modification of the Terms of Use

Ziwig reserves the right to modify these Terms of Use at any time, in particular to reflect any changes to the Site as well as any legal, regulatory, and/or technical developments or requirements.

These Terms of Use remain in effect for the entire duration of the User’s access to and use of the Site.

7. Applicable Law and Claims

The use of the Site and the performance, interpretation, and validity of these Terms of Use are subject to French law.

Any dispute regarding the application of these Terms of Use must first be referred to Ziwig for an attempt at amicable resolution. The French courts shall have exclusive jurisdiction.