Terms of use for our Smart insoles
The purpose of these general terms and conditions of use ("GTCU") is to provide a legal framework for the terms and conditions of availability of DIGITSOLE smart insoles and the mobile applications made available on Play Store (Android) and Apple Store (IOS).
These GTCU are accessible on these applications under the heading "Terms and conditions".
Any registration or use of the applications as well as the insoles implies the acceptance without any reserve or restriction of these GTCU by the User (user of the mobile applications).
When registering through the app, each User expressly accepts these GTCUs and is informed about the DIGITSOLE privacy policy before the creation of their account. The user is reminded hereof by the following text: "By signing up you are agreeing to the Terms & conditions. View our Privacy policy" after which he/she clicks on "Agree and Sign up".
In the event of non-acceptance of these GTCU, the User renounces the services offered by the application concerned.
DIGITSOLE smart insoles comply with the following safety requirements and European standards: Directive 2014/53/EU of 26 February 2014 (RED), Directive 2011/65/EU of 8 June 2011 (ROHS Directive), Directive 2012/19/EU of 4 July 2012 (WEEE Directive).
DIGITSOLE reserves the right to unilaterally modify the content of these GTCU at any time.
CHAPTER 1: General conditions of use for DIGITSOLE soles
General warning
Like all equipment, DIGITSOLE smart insoles are subject to wear and tear.
No product is suitable for all uses.
Different materials and components wear or fatigue under the constraints of use at different rates and may have different life cycles.
Although the soles and their components are covered by a warranty for a specific period of time, there is no certainty that DIGITSOLE soles will last for the entire warranty period.
The lifespan of DIGITSOLE insoles depends on the intensity of use by the User.
The warranty does not mean that the product is indestructible or unbreakable; it simply means that DIGITSOLE smart insoles are covered until the end of the applicable warranty period.
DIGITSOLE smart insoles are sold in pairs of 2 soles.
They are essentially intended for the use of any person, practising walking or running.
Their function is to collect and analyse the biomechanical parameters of the User's walking or running.
The operation of this device is described on user manual link :
Technical description
Content of the package: 1 left and 1 right sole of the same size + 1 micro-USB cable + User manual.
Available sizes: EUR 36/37 - 38/39 - 40/41 - 42/43 - 44/45 - 46/47
Precautions and advice for use
About your DIGITSOLE soles :
• Do not bend or twist your soles;
• Do not use during water activities (do not immerse in liquid) ;
• Make sure that your soles are easily accessible during use;
• Do not use your soles if they are damaged (worn, perforated, etc.);
• Do not puncture, drill, knock or damage your soles ;
• Do not try to repair your soles if they are damaged ;
• Do not overlap with another sole.
About your shoes :
• It is recommended to wear clean cotton socks;
• Do not wear your DIGITSOLE soles in shoes with a metal plate on the lower soles.
Proximity to a heat source :
Do not leave near a heat source.
Our technology
• Our system uses low-energy Bluetooth (Bluetooth Low Energy – BLE) communication ;
• Under no circumstances should any attempt be made to modify the DIGITSOLE insole software and/or applications.
Specific recommendations related to pressure / shock
• Do not use if the perceived shocks and/or impacts are greater than 600 kg (or 6000 N);
• Cannot support a weight of more than 200 kg ;
• Do not exert pressure greater than 50 kg/cm2 (or 500 N/cm2).
Caring for your DIGITSOLE soles
• The use of lightly dampened multi-purpose microfibre wipes is recommended to clean your insoles without using any chemical products (bleach or other).
• Do not wash your soles in the machine or by hand;
• Do not tumble-dry, blow dry or hand dry;
• Do not clean them with any product.
Battery - charger
• Like many portable electronic devices, DIGITSOLE insoles contain lithium batteries, which must be handled with extreme care;
• Do not charge near flammable materials, liquids or solids, etc.
• Do not place DIGITSOLE soles on current-conducting surfaces: metal box, metal table etc...
• Only use the cable supplied with the DIGITSOLE soles;
• The battery must be completely discharged before disposal. An undischarged battery may still catch fire after disposal.
Storage of your DIGITSOLE soles
• During storage, your battery must be 75% charged.
• You should store your insoles in a dry and temperate place with a temperature between 15° and 35°.
Guarantee
Our 2-year guarantee applies to the electronics and in the case of normal use of the product, according to the terms of these conditions of use.
The guarantee will not apply in the following cases:
• If the DIGITSOLE soles are damaged, particularly as a result of misuse or lack of maintenance,
• If the DIGITSOLE smart insole is worn out,
• If the software is modified,
Unless otherwise specified, the only recourse under the guarantee is limited to the replacement of insoles with DIGITSOLE smart insoles of equal or greater value, at DIGITSOLE's sole discretion.
This guarantee takes effect from the date of purchase; it applies only to the first owner and is not transferable.
Recycling of your DIGITSOLE soles
At DIGITSOLE we are very committed to preserve the environment. As such, once your DIGITSOLE insoles are worn out, it is recommended that you dispose of them in appropriate waste collection centres or deposit them in places where electronic products are collected.
CHAPTER 2: Using the mobile applications
Access to the site
The use of DIGITSOLE connected insoles and the mobile applications (the Apps) allows the User to understand his biomechanics and improve his technique, overall health and enjoyment.
The applications are accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his or her expense.
The User who is not registered on the Apps does not have access to the services offered. In order to access the services, he must register by filling in the form, after acquiring the soles. By agreeing to register on the Apps, the User undertakes to provide true and accurate information concerning his civil status and contact details, in particular his email address and phone number.
To access the services, the User must then identify himself using the login and password that he will have entered when registering.
Any regularly registered User may also request to unsubscribe by clicking on the gear icon right top in his profile. The User's information removal (from ?) will be effective within a reasonable period of time.
Any event due to a case of force majeure resulting in a malfunction of the Apps or the server and subject to any interruption or modification in the event of maintenance, shall not engage the responsibility of DIGITSOLE. In these cases, the User agrees not to hold the publisher liable for any interruption or suspension of service, even without prior notice.
The User has the possibility of contacting the site by e-mail at the publisher's e-mail address given in the Legal Notice.
Data collection
DIGITSOLE assures the User of the collection and processing of personal information with respect for privacy in accordance with its privacy policy (https://compliance.digitsole.com/fr/mobile-apps-privacy) and law n°78-17 of 6 January 1978 relating to information technology, files and liberties. The site is declared to the CNIL under the number 1578473v0.
In accordance with the French Data Protection Act of 6 January 1978, the User has the right to access, rectify, delete and oppose his or her personal data. The User may exercise this right via his personal space or using the dedicated data subject request section on our compliance center.
Intellectual Property
Trademarks, logos, signs as well as all the contents of the Apps (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.
The DIGITSOLE® trademark is a registered trademark and any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is totally prohibited.
The User must request prior authorisation from DIGITSOLE for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context; any use for commercial and advertising purposes is strictly forbidden.
Any total or partial representation of the Apps by any process whatsoever, without the express authorisation of the App operator, would constitute an infringement punishable by Intellectual Property laws.
In addition, in accordance with the laws on intellectual property, the User who reproduces, copies or publishes the protected content must cite the author and its source.
Besides, any attempt to modify the DIGITSOLE insole software and/or applications will be considered an infringement of DIGITSOLE intellectual property rights. In particular, any infringement is liable to the civil and penal sanctions provided for in terms of counterfeiting.
Responsibility
The results disseminated by the Apps are deemed reliable, but DIGITSOLE does not guarantee that they are free of defects, errors or omissions. Under no circumstances shall DIGITSOLE be held liable for the results presented by the Apps. The information provided is presented for general and indicative purposes only.
Furthermore, DIGITSOLE shall not be held liable in the event of distorted results due to improper use of the product.
Despite regular updates, DIGITSOLE cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, DIGITSOLE cannot be held responsible for the use and interpretation of the information contained in its App.
Password
The User must make sure to keep his/her password secret. Any disclosure of the password, whatever its form, is prohibited. The User assumes the risks associated with the use of his login and password. DIGITSOLE declines all responsibility in the event of fraudulent use.
DIGITSOLE cannot be held responsible for any viruses that may infect the User's computer or any computer equipment, following use, access or downloading from its site.
DIGITSOLE cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.
Hypertext links
Hypertext links may be present on the digitsole.com website. The User is informed that by clicking on these links, he/she will leave the www. digitsole.com website. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser software in line with our cookie policy.
Cookies are small files that are temporarily stored on the hard disk of the User's computer by your browser and which are necessary for the use of the App. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.
The information contained in the cookies is used to improve the App.
By browsing Apps, the User accepts them.
However, the User must give his consent to the use of certain cookies.
Failure to accept, the User is informed that certain features or pages may be refused.
The User may deactivate these cookies via the parameters in his browser software.
Applicable law and jurisdiction
French law applies to these GTCU. In the absence of an amicable resolution of a dispute between the parties, the French courts will have sole jurisdiction to hear it.
For any question relating to the application of these GTCU, you can contact the publisher at the contact details given in the Legal Notice.
DIGITSOLE is free to modify these GTCU at any time, in particular to take into account any legal, regulatory, jurisprudential and/or technical developments. The prevailing version is that which is accessible online at the following address: https://compliance.digitsole.com/mobile-apps-terms. All Users are therefore required to refer to the version accessible online on the date of their use of the soles.
The User is expressly informed that the only version of the DIGITSOLE soles' Terms and Conditions of Use that is authentic is the one that is online on https://compliance.digitsole.com/mobile-apps-terms, which he acknowledges and accepts without restriction, undertaking to refer to it systematically during each use.
For any question relating to the application of these GTCU, you can contact the publisher at the contact details given in the Legal Notice.
In force since 3rd of November 2020