These general terms and conditions of use and sale (hereinafter referred to as the "General Terms and Conditions") are agreed between:

OC-DEVCO, a limited liability company with capital of €10,000, registered with the Trade and Companies Register of MONTPELLIER under number 899.848.006, whose registered office is located at 140, rue de la Seranne, 34980 Saint-Clément-de-Rivière (hereinafter: the "Company").

And

L’Utilisateur du Site Internet medfrall.com.

 

PREAMBLE

The objective of OC-DEVCO is to support and assist companies in their national and international expansion, in particular by facilitating commercial cooperation between France and Germany in the medical sector in order to promote economic development and European sovereignty.

Pour accomplir cette mission, la société OC-DEVCO a créé, en plus des services de conseil, une plateforme numérique de type « communauté » accessible à l’adresse suivante : medfrall.com.

It facilitates networking and information exchange between stakeholders in the medical field in France and Germany. 

Users benefit from the information resources made available, which facilitate entry into the neighboring country's market as well as expansion at the national level.

The platform also offers the possibility of finding individual support services.

In addition, users can create a digital profile that highlights their company and its values. Acquiring a digital profile also allows professionals to search for business partners in France and Germany, as well as to be found by other professionals in both countries.

These General Terms and Conditions have been drawn up to govern the terms of use of the platform, the conditions of sale and the obligations and rights of Users.

These Terms and Conditions are deemed to be accepted when the User registers on the website. Upon registration, the User acknowledges that they have "read and accepted all of the website's Terms and Conditions." This acceptance is confirmed by checking a box during registration. This action is deemed to have the same value as a handwritten signature by the User.

  1. Definitions

Platform:also known as an online platform or digital platform, is a virtual space that facilitates connections, collaboration, or transactions between different Users or entities. These platforms are generally based on digital technologies and offer services, content, or features accessible via the internet. They can take various forms and be used in different fields.

Community: A community or digital network is an online database that lists specific information about people, companies, organizations, services, or other entities. It offers quick search and often filtering functions to find specific information and enable direct exchange.

MedTech: The MedTech sector includes all projects that provide or develop digital software, solutions, and/or innovative products for the medical sector in the fields of biotechnology, medical technologies, the pharmaceutical industry, digital health, diagnostics, laboratory technologies, regulatory interoperability, research, clinical trials, hospital infrastructure, and healthcare.

Utilisateur du site web : Il s’agit d’une personne morale ou d’une entité qui accède au site web medfrall.com et qui consulte son contenu.

  • Website user in consultation mode: this is a User who accesses the website without creating an account or purchasing a digital file, and who does not have access to the Partner Search Tool or to the documents and calendar of key events made available on the platform.
  • Utilisateur du site web après la création du compte gratuit (inscription) : Il s’agit d’un Utilisateur du site web qui, après vérification de son adresse e-mail, obtient l’accès à un calendrier d’événements pertinents du secteur des technologies médicales ainsi qu’à des documents directement disponibles sur le site web medfrall.com et qui peut, s’il le souhaite, acquérir une fiche numérique.

Professionals:includes all individuals or legal entities with an intra-community VAT number operating in France or Germany.

Community members: 

  • Membres entreprises :
    Toutes les personnes et entités qui ont un siège social enregistré en Allemagne et/ou en France et qui souhaitent étendre leurs activités commerciales et/ou recherchent un partenaire commercial et/ou souhaitent bénéficier des échanges avec d’autres membres entreprises ou experts ainsi que des informations disponibles sur le site web medfrall.com et qui créent leur compte.
  • Membres experts :
    Toutes les personnes et entités qui, après accord commun et mise en place d’un contrat avec la Société, présentent leurs services sur le site web medfrall.com destinés à accompagner et conseiller des Utilisateurs du site web.
  • Partners:
    Our partners include clusters, sponsors, associations, incubators, media partners, political actors, universities, public institutions, and all entities that support the implementation of the community platform and thus gain visibility on the platform. It is possible to negotiate advantageous pricing terms allowing the Partners' professional contacts, particularly companies in the medical sector interested in finding partners to collaborate and exchange ideas, to access the partner search tool, according to terms previously defined between the company and the Partner.

GDPR:The General Data Protection Regulation (GDPR) is a European Union regulation that came into effect on May 25, 2018. It aims to strengthen and unify the protection of personal data for residents of the European Union (EU). The GDPR replaces the 1995 Data Protection Directive and applies directly and uniformly to all EU member states.

Digital listing: also known as a "digital entry," this is an electronic document that presents key information about a company in a structured and attractive manner. The digital entry aims to provide platform users with a quick and informative overview of the company's activities, services, and other relevant aspects. The digital entry can be acquired by professionals and allows them to use the Partner Search Tool.

Partner search function:The partner search function, also known as the "Partner Search Tool," is a tool developed by OC-DEVCO for professionals based in Germany and/or France who are looking for German and/or French business partners. The partner search function allows professionals to find suitable cooperation partners and contact them directly using various filters and a chat function that is automatically translated into German, English, and French.

Website user wishing to use the partner search function:This is a professional who has taken out a subscription with the Company allowing them to create a digital profile in order to use the partner search function.

Business partner:A business partner is an entity, whether a company or a player in the medical sector, with which another entity establishes a formal relationship for the purpose of commercial cooperation. This cooperation can take various forms and be mutually beneficial to the parties involved.

  1. Right to apply and amend the Terms and Conditions

The Terms and Conditions applicable to the use of the site are those in force on the date of use. The company reserves the right to modify the Terms and Conditions at any time. Any modifications to these Terms and Conditions must be notified to Users of the Site. The Terms and Conditions are applicable to all Users regardless of their nationality. The Terms and Conditions apply from the moment they are accepted by the User and for the entire duration of use of the site.

  1. Description of services offered

The services offered by the platform consist of facilitating dialogue between website users with the aim of promoting exchanges between Germany and France in order to capitalize on mutual expertise and stimulate trade at the European level.

The platform allows Users, through the provision of various services and products, to:

  • Create a profile;
  • Create a digital profile highlighting your professional skills and values;
  • Find suitable business partners in Germany and France using the partner search function;
  • Stay informed about current developments, trends, and relevant events in the medical sector in France and Germany;
  • Access advice and guidelines relating to the medical technology industry and international cooperation;
  •  Be listed on the platform;
  • Have access to a community that promotes the exchange of information between German and French stakeholders;
  • Benefit from specialized consulting services (provided by Expert Members and OC-DEVCO).
  1. Requirements for registration

For professionals wishing to access the information documents provided and/or create a digital file:

  • It must be officially registered in its country of origin. For France, this means a "SIRET" number, or its German equivalent "USt. IdNr;
  • Registration will be verified by requesting the company's intra-Community VAT number;
  • It must not be in receivership or liquidation proceedings;
  • It must carry out a legal and lawful activity that complies with public policy as defined by French law.

More generally, Users domiciled outside France are also required to comply with all obligations incumbent upon them by virtue of the legislation applicable to their status in their country of residence, as well as obligations arising from their participation in the Platform.

In the event that Users do not meet the requirements for registration, the Company reserves the right to refuse a registration request at its discretion and to immediately close the User account.

  1. Regulation of the content of the professional's digital file

The content of the digital file must not contain any illegal, immoral, pornographic or other content that does not comply with these General Terms and Conditions or with public order.

The professional undertakes to upload a complete and accurate skills profile.

It must mention the identity of the structure, its areas of expertise and its geographical scope of intervention.

Professionals agree that user reviews may be displayed on their listing, knowing that they have the right to respond within five days prior to publication. It is specified that if they do not respond within five days, the review will be published without recourse.

It is expressly specified that the content of the digital files will be validated in advance by the company, which reserves the right to withdraw at its own discretion any file that does not comply with these General Terms and Conditions.

In the event that a Professional registered on the platform does not provide sufficient evidence to verify their professional profile, or if the evidence provided and information obtained after registration reveal a discrepancy with the platform's selection criteria, particularly with regard to their areas of expertise and level of expertise, the Company may remove them from the partner search tool visible to other Users, suspend or close their account.

The closure of the User's account by the Company automatically results in the termination of these Terms and Conditions. However, the subscription fee remains payable to the Company in full for the current month. It is specified that no renewal will be applied.

  1. Access to the platform

An unregistered User only has access to basic viewing of the website.

To register, Users must create an account.

The company is informed of all changes and reserves the right to refuse them if they do not comply with these Terms and Conditions. 

Une fois inscrit, l’Utilisateur a accès aux informations fournies par la Société sur le site web medfrall.com.

Users are responsible for setting up the IT and telecommunications resources required to access the Platform. They are responsible for all telecommunication costs incurred when accessing the Internet for activities on the Platform and with other Users.

The Company reserves the right, without prior notice or compensation, to temporarily or permanently close access to the Platform or access to one or more services in order to perform updates, modifications, or changes to operational methods, servers, and hours of accessibility, without this list being exhaustive.

The Company reserves the right to make any changes and improvements to the Platform and services that it deems necessary or useful for the proper functioning of the Platform and its Services.

  1. Pricing for different services and products 

The platform offers its Users several access models with different features.

  • Free features:

After registering and verifying their email address, each member of the community automatically receives free access to useful information and documents, as well as a calendar of key events in the MedTech sector in Germany and France.

  • Services offered by OC-DEVCO:
    • Partner search function: The partner search function, also known as the "Partner Search Tool," is a tool designed for professionals based in Germany and/or France who are looking for national and/or international business partners. The Partner Search Tool enables professionals to find suitable cooperation partners and contact them directly using various filters and an automatically translated chat function. Any cooperation or agreement concluded between two companies is their sole responsibility and will be subject to an external contract concluded between them.

Introductory offer for the first year (February 1, 2026 – February 1, 2027): €29/month.

It is specified that the professional undertakes to pay the total amount of the subscription due for the month in advance each month. Payment must be made before the start of each period. The Company will provide the professional with a detailed invoice specifying the amount due, the terms of payment, and the payment deadline.

    • OC-DEVCO consulting services:

The Company offers services designed to help professionals develop their businesses nationally and internationally. Website users may contact the Company to establish a partnership based on their needs and capabilities. Rates vary depending on the request and scope of the assignment and are set contractually between the professional and the Company.  

  • External advisory services provided by Expert Members:

Après accord commun et conclusion d’un contrat à commission (« Contrat d’Experts ») avec la Société, des experts externes peuvent proposer leurs services dans la liste d’Experts sur la plateforme medfrall.com dans le but d’assister et de conseiller les Professionnels sur des thèmes spécifiques. Les prix de ces services de conseil externes sont convenus directement entre les Professionnels et les Experts externes et régis par contrat. La conclusion et l’exécution de ces contrats, qui sont conclus directement entre le Professionnel et l’Expert, sont à l’initiative et sous la responsabilité exclusive de ce dernier.

  1. Payment terms via the STRIPE payment platform

The financial flows for acquiring a digital file and thus being able to access the partner search function are managed by an external partner, the secure STRIPE platform.

To order a digital file, the professional must pay the subscription fee in accordance with these Terms and Conditions.

  1. Right of withdrawal and cancellation

Article L221-3 of the French Consumer Code states that the right of withdrawal under article L. 121-20-2 1° of the French Consumer Code between professionals applies when :

  • the contract is concluded off-site ;
  • the subject of the contract does not fall within the company's main field of activity;
  • the purchasing company employs no more than five people.

If these three conditions are met, the company benefits from a 14-day right of withdrawal, in the same way as individual consumers.

  1. Commitments

10.1 The User undertakes to access and use the Platform and the Services in accordance with the laws in force and the present Terms and Conditions.

10.2 Thus, the Company has the right to inspect the content disseminated by the User in order to verify compliance with these general terms and conditions of sale.

The Company reserves the right to moderate published content at its own discretion, in the event that the User fails to comply with applicable laws and regulations, as well as with the General Terms and Conditions of Sale.

The Professional undertakes to complete all the declarations and formalities required for his activity, and to meet all his legal, social, administrative and tax obligations, as well as any specific obligations incumbent upon him under French law and/or the foreign legislation to which he is subject, in connection with his activity and the use of the Services. In the event of a request, the Professional undertakes to provide the Company, without delay, with any proof that he/she meets the conditions set out in the present article. The Professional is solely responsible for the proper completion of the aforementioned formalities. The Company cannot be held liable in this respect.

10.3 The User undertakes to make fair use of the Platform, in particular not to circumvent the Platform and its Services. Similarly, the User undertakes not to extract any content from the Platform for a similar or competing activity, or for recruitment purposes or for the marketing of services.

10.4 The User undertakes to maintain strict confidentiality with regard to any exchanges he may have had and any information transmitted to him or of which he may have become aware in the course of making contact via the Platform (whether or not this has given rise to a service). In particular, Users undertake not to share with any third party, either privately or on social networks, any exchange, information or excerpt of conversation originating from the Platform.

"Confidential information" refers to all information that may be made available to the Professional concerning a Client (or Prospect) or another Professional. In particular, this includes information relating to the Client's (or Prospect's) projects. The identity of the Client (or Prospect) or their customer, as well as any other information relating to the Client (or Prospect) or their customer, is also confidential, unless this information is public. The fact that the Client (or Prospect) is seeking a service is also confidential information.

10.5 Membership of the Platform is concluded intuitu personae, in consideration of the Professional's skills and qualifications. Consequently, the Company shall be immediately informed of any change or event significantly affecting the Professional's situation. The Company shall, within two (2) weeks, examine the scope of the change or event and may request any additional information; at the end of this period, the Company may terminate the Professional's membership of the Platform.

  1. Responsibilities

Responsibility of the User

11.1 The User is solely responsible for any direct or indirect damage he may suffer as a result of inaccurate, incomplete and/or misleading information provided by him at the time of registration and within the Platform, or in the absence of updating of such information, the consequences of which he alone shall bear. The User accepts that any notification under the terms of these General Terms and Conditions may be made to the User via the contact email address provided when creating his/her profile on the Platform.

11.2 The User expressly agrees not to publish any content that is offensive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and public decency, counterfeit, harmful to public order or the rights of third parties, likely to infringe on the rights, reputation, and image of the Company, and more generally, whose content would violate the law and/or regulations, particularly criminal law. The user undertakes that the content they choose to post online does not infringe the intellectual property rights of third parties, and not to reproduce elements protected by copyright, registered as trademarks or more generally protected by any other intellectual property rights held by third parties without the prior consent of the holder(s) of such property rights. They undertake to ensure that their content does not contain any viruses or computer programs that could interrupt, destroy, or alter the functionality of the Platform, nor does it contain addresses or hypertext links to third-party sites whose content is contrary to the laws and regulations in force, infringes the rights of third parties, or is contrary to these Terms and Conditions.

11.3 The User is solely responsible for the conclusion and execution of contracts relating to a service that he/she concludes directly with another User via the Platform, with the Company intervening only to facilitate the connection. The conclusion and execution of these contracts, which take place directly between a Professional and a Customer, or between two Professionals, are carried out at the initiative and under the exclusive responsibility of the latter. Since the User has complete freedom to deal with his customers or suppliers, he alone assumes any liability claims brought by said customers or suppliers.

Company liability

11.4 The Company makes every effort to ensure that access to and operation of the Site, Platform and Services are available 24 hours a day, 7 days a week. Nevertheless, given the limitations of the Internet, the Company cannot exclude the possibility that access to and operation of the Platform and Services may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, Internet network malfunctions, or maintenance operations to improve the Platform and Services. Consequently, the Company shall not be held liable for any interruption of the Services, whether voluntary or involuntary, it being understood that the Company undertakes to use its best efforts to limit any interruptions for which it is responsible. The Company reserves the right to freely subcontract all or part of the Services for which it is responsible under this Contract.

11.5 The Company provides Users with technical tools and resources. Its liability is limited to the provision of these resources, as described herein.

11.6 The Company and the User are independent parties, each acting in its own name and for its own account. Under no circumstances may the User bind the Company in any way whatsoever towards third parties, and the Company may not incur any obligation towards third parties that it has not itself undertaken.

  1. Quality approach – evaluation – assurance

The Professional user of the Platform undertakes to take out professional liability insurance.

  1. Intellectual property

13.1 From the Platform

The Site and Platform and each of its components, including but not limited to text, images, videos, photographs, trademarks, logos, company names and domain names, are the exclusive property of the Company. These elements are protected by intellectual property and other laws, including copyright. Any reproduction or representation, in whole or in part, of the Platform site or of any of its component parts, without the authorization of the Company, is prohibited and constitutes an infringement punishable by the French Intellectual Property Code.

13.2 Content

Any User who publishes Content on the Platform retains full ownership of everything they publish. By registering on the Platform, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate, and display this content on the Platform.

  1. Modification of the Terms and Conditions

The Company reserves the right to modify all or part of these General Terms and Conditions. The Company will inform the User of any changes made to these General Terms and Conditions as soon as they are posted on the Platform.

If the User does not accept the new General Terms and Conditions, he/she has 24 hours from the date of notification to inform the Company by e-mail. In the event that the User has not notified his disagreement within the aforementioned period, he will be deemed to have accepted the modifications.

  1. Validity – Tolerances

Should any of the stipulations of the present contract be declared null and void by a court or administrative authority, such a decision will in no way affect the validity and therefore the binding force of the other stipulations of the present General Terms and Conditions.

The fact that the Company has not required the application of any clause herein, whether on a permanent or temporary basis, shall in no event be deemed a waiver of the Company's rights under said clause.

RGPD:

The company protects your personal data. They are processed on the basis of the contract for the purposes of customer and prospect relationship management, by authorized personnel of the establishment and its service providers, who are subject to the duty of confidentiality, and will be kept for 10 years after termination of the commercial relationship. At any time, you have the right to access, rectify, oppose, limit, delete, port, withdraw your consent, oppose the communication of instructions concerning the fate of your data in the event of your death, and the right to lodge an objection with the CNIL. You can exercise your rights by sending an e-mail to :

  • DPO email address: janina.maier@oc-devco.com
  • 140, rue de la Seranne 34980 Saint-Clément-de-Rivière

To find out more about data protection and your rights, please click on this link.

  1. Applicable law and jurisdiction

These Terms and Conditions are governed by French law.

Prior to any legal proceedings, an amicable solution to any dispute will always be sought for a period of two months. The dispute will be formalized by the plaintiff sending a registered letter to the other party, stating the subject of the dispute. The parties will then meet to try to find a solution to their dispute. Disputes that cannot be resolved amicably will be referred to the Montpellier Commercial Court.