Terms (Dupixent)

(Freedom Friend App) Terms of Use

Last update date: October 22, 2021

This Freedom Friend App Terms of Use and our Application Privacy Notice, which is incorporated into the Terms of Use (together, the “Agreement”), constitutes a binding legal agreement between You, (the “User” or “You” or “Your , sanofi-aventis Canada Inc. (“Sanofi”), as the owner and sponsor of the Freedom Patient Support Program and Curatio Networks Inc (“Curatio”) as the owner of the mobile application regarding Your use of the Freedom Friend App mobile application (the “Application”). Please review this Agreement carefully before using the Application. By clicking “[I Agree],” or by installing or using the Application, You represent to Sanofi that (i) You are at least 18 years of age and (ii) You have read, understood and agree to this Agreement. If you do not agree with any provision of these Terms of Use, please do not use the Application and remove it from the (mobile) device on which you have downloaded it.

1. Scope of License

The Application is designed for use outside the clinic or office setting by individual patients with moderate to severe atopic dermatitis, severe asthma with a type 2/eosinophilic phenotype or oral corticosteroid-dependant asthma or chronic rhinosinusitis with nasal polyposis. . The Application is intended to improve patient engagement and address patient needs through providing the Freedom Patient Support Program a gated private peer-to-peer support network. Subject to Your prior acceptance of the terms and conditions of this Agreement, You are granted a personal, limited, revocable, non-exclusive, non-transferable, and cost-free license to download, access and use the Application for such personal, non-commercial use, subject to the conditions and within the limits described in the Agreement.

The license is granted for the use of the Application on compatible devices that You own or control. You shall not further sublicense, lease, rent, loan, or otherwise transfer access to the Application to any third party.

Your usage of the Application is subject to and governed by any usage requirements established from time to time by Sanofi and the usage rules set forth in the applicable app store. You agree to use the Application in a manner that complies with all applicable laws in the jurisdictions in which You use the Application, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights (including those set forth in Section 6 of this Agreement).

At this time, only an English-language version of this Application is available.

2. Installation/Uninstallation

The Application shall be available respectively on the iOS Apple and Google stores and is solely compatible with certain Apple iPhone and Android devices. The installation and uninstallation of the Application on Apple and Android devices is performed according to the processes defined by the respective operator.

The Application and any data that you submit to the Application resides on Your device and can be permanently deleted from Your devices. When uninstalling the Application, this associated data will be deleted automatically from Your devices. For additional information on data usage and handling, please consult the Privacy Notice for this Application.

3. Fees

The Application is distributed for free.

4. Age restrictions

The Application is designed and intended for use by Users aged 18 years or older.

5. Intellectual Property

The Application and all intellectual property rights associated therewith, such as author’s rights, copyrights, patents, trademarks, sui generis rights relating to databases, designs, logos, know-how and all other intellectual property rights (whether registered or not) contained in this Application are protected by the current laws on intellectual property and, as between You and Sanofi or You and Curatio, are owned by Sanofi or its affiliates or Curatio, as the case may be.

Apart from the license granted in Article 5 of the Agreement, and to the extent permitted by applicable law, the Application and intellectual property rights associated therewith cannot be reproduced, used or transferred without the prior written consent of Sanofi or Curatio, as the case may be or, if the rights over the said elements are held by third-parties, the consent of their respective owners.

You shall not copy, reproduce, modify, translate, adapt, republish, upload, distort, modify, alter, transmit, or distribute any element or component of the Application in any manner whatsoever, in any medium whatsoever, in part or in whole, without prior written consent of Sanofi or Curatio ,, as the case may be or, if the rights over the said elements are held by third-parties, the consent of their respective owners, and subject to compliance with intellectual property rights and other property rights that are mentioned. You shall not decompile, reverse engineer, disassemble the Application or disable a feature that could limit the use of the Application. You shall not rent or sublicense, lease, loan, sell, or distribute the Application and any intellectual property contained in the Application, or create derivative works of the Application or any part thereof without the prior written consent of Sanofi or Curatio , as the case may be.. You shall not remove, alter or obscure any intellectual property notices (including copyright notices) on any authorized copy of the Application.

6. User Generated Content

You agree that You are solely responsible for all of Your content. Sanofi and Curatio are not required to host, display, or distribute any content. Sanofi and Curatio are not responsible for any loss, theft or damage of any kind to any content. You represent and warrant that: (a) You own all rights in Your content; and (b) Your content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.

You must not post content, or otherwise use the Application to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law or a copyright, trademark or other intellectual property right of another. Sanofi will cooperate with any law enforcement authorities or court order requesting or directing Sanofi to disclose the identity of anyone posting information or materials. Sanofi may, from time to time, monitor, review, or respond to Your content; however, Sanofi is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in Your content. Curatio shall monitor, review and respond to Your Content. However, Curatio assumes no responsibility or liability arising from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in Your content.

7. Privacy and Data Protection

The Application’s Privacy Notice is shown when You first sign up to the Application and is thereafter available via the Application’s “Settings” page for reference.

8. Updates and Changes

Sanofi and Curatio may choose to modify or provide updates to the Application from time to time in its sole discretion. In addition, Sanofi‘s distribution of the Application via third party services, such as the Apple iOS Store and Google Play Store, may require users to download new or updated versions of the Application on a periodic basis. To the extent that You choose to download or use any such updates to the Application, You acknowledge that You will be bound by the version of this Agreement that is applicable as of the time You download and use any such update to the Application. Sanofi and Curatio do not represent or warrant that any future updates to the Application will provide the same functionality that is provided by the current version of the Application.

Sanofi has no obligation to provide, and may change the form or nature of, the Application. Sanofi and Curatio reserve the right to modify, suspend or discontinue Your access to the Application for any reason without notice, in their sole discretion. Sanofi and Curatio will have no liability whatsoever to You or any third party for any failure of the Application and has no obligation to retain Your content (or any other materials You may provide to Sanofi) on its servers or return Your content (or any other materials or data You may provide to Sanofi in relation to Your use of the Application) to You before deleting them from its servers.

9. Modifications to this Agreement

Sanofi and Curatio reserve the right to modify this Agreement by (i) posting a revised Agreement on and/or through the Application, and/or (ii) providing advance notice to You of material changes to this Agreement (such as through a notification on the main screen page of the Application or through a message from the Community Manager). Modifications will not apply retroactively unless required by law.

We may sometimes ask You to review and to explicitly agree to or reject a revised version of the Agreement. In such cases, modifications will be effective at the time of Your agreement to the modified version of the Agreement. If You do not agree at that time, You are not permitted to use the Application. In cases where we do not ask for Your explicit agreement to a modified version of the Agreement, the modified version of the Agreement will become effective as of the date specified in the Agreement. Your use of the Application following that date constitutes Your acceptance of the terms and conditions of the Agreement as modified. If You do not agree to the modifications, You are not permitted to use, and should discontinue Your use of the Application.

10. Links and Third-Party Services

The Application may contain links to other Sanofi web sites or internet resources. You acknowledge that while such web sites or internet resources are owned by Sanofi, they may have different terms of use and different privacy policies. You are responsible for reviewing and complying with such terms and policies.

The Application may also contain links to or provide features that communicate or interface with third party applications, web sites or other resources, including third party social networks, Apple Healthkit and Google Fit (“Third-Party Services”). Third-Party Services are not under the control of Sanofi and Sanofi is not responsible for the availability, contents, or performance of any Third-Party Service. Sanofi is providing these features to You only as a convenience, and the inclusion of any link or third party feature does not imply endorsement by Sanofi of such Third-Party Service, its contents or any products or services available through such Third-Party Service or any association with its operators. You are responsible for complying with any privacy statements or terms of use of the Third-Party Services. You should direct any concerns regarding these Third-Party Services to those services’ administrators. YOU AGREE THAT SANOFI WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY FEATURES, INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY THIRD-PARTY SERVICE.

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12. Disclaimer

The Application aims to provide general information and support relating to moderate to severe atopic dermatitis, severe asthma with a type 2/eosinophilic phenotype or oral corticosteroid-dependant asthma or chronic rhinosinusitis with nasal polyposis. Sanofi has no control over, and makes no representations or warranties, express or implied, regarding Your use of the Application or the use or interpretation of any content or information presented by, stored on, generated by or received through the Application.

THE APPLICATION AND ANY INFORMATION PRESENTED BY, STORED ON, GENERATED BY OR RECEIVED THROUGH THE APPLICATION ARE NOT INTENDED TO PROVIDE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, OR TREATMENT, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT OR INJURY. PATIENTS SHOULD ALWAYS SEEK THE ADVICE OF A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING READ OR LEARNED THROUGH THE USE OF THE APPLICATION OR ANY INFORMATION STORED ON, GENERATED BY OR RECEIVED THROUGH THE APPLICATION. USE OF THE APPLICATION DOES NOT CREATE AN EXPRESS OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP.

Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. The Application is not intended to discuss or report the side effects associated with the use of drugs, medical devices, or treatments of Sanofi or of other third-party companies, whether actual or potential. Sanofi encourages you to report any side effects to Your health care provider and/or health authorities. Should any of Your content mention a side effect related to a prescription drug or medical device, Sanofi may be required to contact You for further information and may be required to report to a health authority.

In using the Application, You agree that neither Sanofi nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to Your use of any information presented through the Application.

13. No Warranty

The Application is provided on an “as is” and “as available” basis without any express warranties of any kind.

SANOFI AND CURATIO DISCLAIM AND EXCLUDE ALL LIABILITY AND WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR CONTRACT RELATED TO, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF APPLICATION CHARACTER. SANOFI AND CURATIO DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE APPLICATION OR NONCONFORMITY TO ITS OR THEIR DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO SANOFI AND CURATIO TO GRANT THE LICENSES CONTAINED IN THIS AGREEMENT AND TO PROVIDE YOU WITH ACCESS TO THE APPLICATION.

Sanofi and Curatio do not guarantee that the Application (including any information presented through the Application) is free of bug, defect, error or inaccuracies, that it does not contain viruses or other elements that could damage Your computer or Your mobile device, or that it is compatible with any hardware or software versions or applications, including any specific versions of Your device, or its specific operating system. Consequently, to the extent permitted by law, Sanofi and Curatio disclaim any liability:

for any damage resulting from fraudulent intrusion by a third-party leading to a modification of the information or materials available on the Application;

and more generally, for any damage, direct or indirect, special, consequential or incidental, regardless of its cause, origin, nature or consequences, even whilst Sanofi and Curatio has been aware of the possibility of such damages caused as a result of (i) access or the inability to access the Application, (ii) the use of the Application, including any damage or virus that may infect Your computer, Your mobile device or other property, and/or (iii) credit given to any information provided directly or indirectly by the Application.

It is also Your responsibility to take precautions to avoid contamination of the Application by notably one or more "viruses," "Trojan horses" or any other "parasites."

14. Notices

All notices, questions and other communications required to be given in writing under this Agreement shall be directed to the following address:

sanofi-aventis Canada Inc.
2905 Place Louis R. Renaud
Laval, Quebec
Canada, H7V 0A3

If You have any technical questions or question regarding using the Application, please contact:

Curatio Networks Inc.

1-855-888-2031

https://curatio.zendesk.com/hc/en-us

15. Choice of Law & Dispute Resolution

The Application, its content and this Agreement are governed by the Laws of the Province of British Columbia and the Laws of Canada applicable therein and any dispute or claim related thereto will be submitted to the exclusive jurisdiction of the courts in the district of Vancouver, British Columbia.