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Terms and Conditions for ScolioSense Mobile Application

The following terms and conditions are PRIMARILY the terms ("terms" "agreement") on which AIDPLEX SINGLE MEMBER PC ("The Company" "AIDPLEX" "we" "us" "our") provide you

("scoliosis patient" "patient" "you" "user") with access to and use of the ScolioSense Mobile Application which includes the cross-platform application named ScolioSense App (the "App") and all related Services provided by us

Please read carefully all terms and make sure you have fully understood them. By clicking "I agree" you acknowledge as legally presumed that you are accepting the terms as if it is a fully signed legally binding agreement on behalf of yourself and you responsibly and with every legal perception declare you have the full authority to enter into the Agreement. If you do not agree to all of the terms we strongly advise you to abstain from clicking "I agree". You are advised to print the terms and keep or save a copy of them for any direct review.

If you do not agree to all of the terms we strongly advise you to abstain from clicking "I agree".

You are advised to print the terms and keep or save a copy of them for any direct review.

ABOUT AIDPLEX SINGLE MEMBER PC & SCOLIOSENSE

Aidplex Single Member Private Company a Technology Company is a Greek legal entity registered with the General Commercial Registry on the 13th of September 2018 No: 147452405000 with Tax Identification No. 801033608 Tax Office: ΙV Thessalonikis' with its registered address at 40th Vasileos Irakleiou Street 54623 Thessaloniki Greece legally represented by Ratio Legal Services Doxis 4 Thessaloniki 54625 (2nd Floor).

The Company among others has developed an innovative scoliosis management system under the distinctive title "ScolioSense" ("The System") consisting of i) biometric sensors (The Hardware) and ii) special software (software) for the real-time-monitoring of compliance by scoliosis patients of specifications for the use of scoliosis braces with the aim of their optimal use and by extension maximizing the chances of improvement and recovery.

  1. Biometric sensors (The Hardware)
  2. Special software (software) for the real-time monitoring of compliance by scoliosis patients of specifications for the use of scoliosis braces with the aim of their optimal use and by extension maximizing the chances of improvement and recovery.

Contents

  1. Access and Use of the App
  2. User Accounts
  3. Ownership and Intellectual Property Rights
  4. Disclaimer of Warranties
  5. Limitation of Liability
  6. Indemnification
  7. Modification of Terms
  8. Entire Agreement
  9. Termination
  10. Prohibited Activities
  11. Data Privacy
  12. App Management
  13. Dispute Resolution
  14. Miscellaneous
  15. Customer Support

1. Access and Use of the Platform

1.1 Age Requirement

You must be at least 18 years of age to access and use the Platform. By accessing or using the Platform you represent and warrant that you are at least 18 years old.

1.2 App Usage

You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:

  1. In any way that violates any applicable federal state local or international law or regulation
  2. To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App or which as determined by us may harm the Company or users of the App or expose them to liability
  3. To impersonate or attempt to impersonate the Company a Company employee another user or any other person or entity
  4. To attempt to decipher decompile disassemble or reverse engineer any of the software used to provide the App
  5. To use any robot spider or other automatic device process or means to access the App for any purpose including monitoring or copying any of the material on the App

1.3 Eligibility

Your current status must be:

  1. A scoliosis patient who is at least fifteen (15) years old
  2. A scoliosis patient who is between thirteen (13) and fifteen (15) years old and has the verifiable consent of his/her legal guardian to enter into the Agreement and be legally bound by it
  3. Legal Guardian of a scoliosis patient [who has not the verifiable consent of his/her legal guardian to enter into the Agreement and be legally bound by it or is under the age of thirteen (13)]

1.4 Responsibility for Access

You are responsible for ensuring that every other person who accesses the Platform through your internet connection is aware of these Terms and complies with them and in any case you remain jointly and severally liable for any effect of this access.

2. User Accounts

2.1 Account Security

You are solely responsible for maintaining the confidentiality of your account and password and you agree not to disclose your password to any third party. You agree to immediately notify the Company of any unauthorized use of your account or password or any other breach of security.

2.2 Account Information

Users are responsible for providing accurate and complete information when using the App and updating this information as necessary.

2.3 Monitoring Progress

Patients who use the App agree to regularly monitor their progress and respond promptly to any issues or concerns that arise.

2.4 Following Clinician's Instructions

Patients who use the App must follow their clinician's instructions and treatment plans.

2.5 Following App Instructions

Patients who use the App must follow the instructions on how to use the ScolioSense application including how to report any issues or concerns (provided by the clinician the product website and the instructions booklet).

2.6 Informed Consent

Patients who use the App must be and stay informed about the risks and benefits associated with using the App and must give written informed consent before using the App.

2.7 Customer Support

Users of the App have access to customer service and technical support to address any issues or concerns Monday to Friday 10:00-17:00 EEST.

3. Ownership and Intellectual Property Rights

3.1 Ownership of App

The App and its entire contents features and functionality (including but not limited to all information software text displays images video and audio and the design selection and arrangement thereof) are owned by the Company its licensors or other providers of such material and are protected by United States Greece and international copyright trademark patent trade secret and other intellectual property or proprietary rights laws.

ScolioSense is declared as the sole intellectual property of The Company the ScolioSense System with all its components. The user undertakes to refrain from selling exchanging donating renting contributing and making available of any kind any of these items as well as any variation thereof to anyone and in any way.

3.2 Restrictions on Use

You may not reproduce distribute modify create derivative works of publicly display publicly perform republish download store incorporate into any other materials or transmit any of the material on our App except as follows:

  1. Your mobile may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  2. You may store records that are retrieved from the ScolioSense device or downloaded from ScolioSense API.
  3. You may print or download one copy of a reasonable number of pages of the App for your own personal non-commercial use and not for further reproduction publication or distribution.

Disclaimer of Warranties

4.1 Warranty Disclaimer

The Platform is provided on an "as is" and "as available" basis without any warranties of any kind either express or implied. The Company makes no representation or warranty that the Platform will be error-free or uninterrupted or that defects will be corrected. The information provided through the Platform is not guaranteed to be accurate complete reliable current or error-free. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform or by anyone who may be informed of any of its contents.

  • The App will be error-free or uninterrupted or that defects will be corrected.
  • The information provided through the App is accurate complete reliable current or error-free.

The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App or by anyone who may be informed of any of its contents.

Limitation of Liability

5.1 Indirect Damages

To the fullest extent permitted by law the Company (and its affiliates officers directors employees agents suppliers licensors and service providers) will not be liable for any indirect incidental consequential special punitive or exemplary damages including but not limited to damages for loss of profits goodwill use data or other intangible losses arising out of or relating to your use or inability to use the App or any content or materials contained therein even if the Company has been advised of the possibility of such damages.

5.2 Total Liability

In no event shall the Company's total liability to you for all damages losses and causes of action (whether in contract tort (including negligence) or otherwise) exceed the amount paid by you if any for accessing the Platform.

Indemnification

6.1 Defense and Indemnification

You agree to defend indemnify and hold the Company (and its affiliates officers directors employees agents suppliers licensors and service providers) harmless from and against any claims liabilities damages judgments awards losses costs expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

Modification of Terms

7.1 Right to Modify Terms

The Company reserves the right to modify these Terms at any time effective upon posting the modified Terms on the Platform. Your continued use of the Platform after posting the modified Terms constitutes your agreement to abide and be bound by the modified Terms.

Entire Agreement

8.1 Agreement Scope

These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding the use of the App and supersede all prior and contemporaneous understandings agreements representations and warranties both written and oral regarding the App.

Termination

9.1 Company's Termination Rights

The Company reserves the right in its sole discretion to terminate your access to the Platform and to discontinue or modify any aspect of the Platform at any time and for any reason without notice to you.