These Terms apply to healthcare professionals (doctors, practices, MSP, paramedics). This document contractually engraves the commitments of our manifesto: you can enforce them against us.
1. Provider identification
My Data My Care, [[SIRET + address]], hereinafter the "Provider".
2. Purpose
The Provider offers healthcare professionals a set of software modules complementary to the patient health passport: guest EMR, FHIR scheduler, HAS-certified e-prescription (LAP), FSE, CNAM teletransmission, sovereign AI scribe, MSSanté messaging, and MDT coordination.
3. Enforceable contractual commitments
The Provider commits to the Professional Client:
3.1 Sovereign hosting
- Exclusive hosting in France with an HDS-certified provider
- No data leaves the European territory for operational purposes
- No use of clouds subject to the US Cloud Act for processing health data
3.2 Modular architecture without bundling
- Each module can be activated and deactivated independently
- No obligation to purchase a bundle or an additional module
- The Client may keep their current EMR and use only a subset of MDMC modules
3.3 Data ethics
- Zero resale, transfer, or monetization of prescriber data
- Drug database of the LAP based on Thériaque or BCB — never on a commercial pharma-marketing publisher
- AI scribe models are never retrained on Client data
3.4 Locked pricing
- Public price list available at /prix
- Annual increase cap: INSEE inflation + 2%, non-negotiable
- 90-day notice before any price change
3.5 Portability
- Complete FHIR R4 export available at any time in 1 click
- Migration assistance to a competitor provided at no extra cost
- Permanent erasure within 30 days of termination
4. Pricing and billing
- Monthly billing, no annual commitment
- Payment by SEPA direct debit or credit card
- 30-day free trial with no credit card
- Cancellation at any time, effective on the last day of the current month
5. Regulatory compliance
- Certifications: HDS v2, Ségur Wave 2, HAS-certified LAP, ISO 27001 (in progress)
- Native integrations: DMP, Mon Espace Santé, INS-IAS, MSSanté (Mailiz/Sisra/Medimail)
- GDPR-compliant, AI Act (V1 outside medical device scope, V2 predictive AI module regulated)
6. Client obligations
- Holding a verified RPPS number
- Professional use compliant with the French Public Health Code
- Confidentiality of access and of the CPS card
7. Liability
The Provider supplies a software management tool. Clinical decisions and medical liability remain exclusively those of the healthcare professional.
8. Service Level Agreement (SLA)
- 99.5% availability on a rolling annual basis
- Offline-first mode: read access to the record even when the server is unavailable
- Daily encrypted backups across multiple sites in France
- Support response time: 4h business days, 24h weekends
9. Termination
Client-initiated termination: at any time from the professional area, effective at the end of the current month. No exit fees. Full FHIR export provided automatically.
10. Governing law and jurisdiction
French law exclusively. In case of dispute, amicable resolution is sought first. Failing that, the competent commercial court applies.
Commercial framework — France
These Professional Terms are governed by:
- Commercial Code, art. L441-1 et seq. — pricing transparency between professionals
- Public Health Code, art. L1111-8 — mandatory HDS hosting
- Order of 27 March 2018 — Ségur digital health programme registration
- Act n° 2020-1525 (ASAP) — simplification of public services (telemedicine, e-prescription)
- GDPR + FR DP Act — professional health data (RPPS, CPS)
Hosting & compliance : Hosting in France at an HDS v2-certified provider; Ségur Wave 2 registration; HAS LAP certification.
Competent authority : Agence du Numérique en Santé (ANS) — ministerial delegate
Governing law & jurisdiction : French law exclusively. Commercial court at the Provider's seat. Prior mediation encouraged (art. L612-1 Consumer Code).
11. Amendments
Any substantial amendment is notified 90 days before it takes effect. The Client may terminate at no cost if they reject the new terms.