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.

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:

Biometric sensors (The Hardware)
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.

Access and Use of the App
User Accounts
Ownership and Intellectual Property Rights
Disclaimer of Warranties
Limitation of Liability
Indemnification
Modification of Terms
Entire Agreement
Termination
Prohibited Activities
Data Privacy
App Management
Dispute Resolution
Miscellaneous
Customer Support

1. Access and Use of the App

1.1 Age Requirement

You must be at least 15 years of age or at least 13 years of age, having parental/legal guardian’s consent to access and use the App. By accessing or using the App, you represent and warrant that you are at least 15 years old or at least 13 years of age, having parental/legal guardian’s consent.

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:

In any way that violates any applicable federal, state, local, or international law or regulation;
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;
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
To attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the App; or
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:

A scoliosis patient, who is at least fifteen (15) years old; or
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; or
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

You are responsible for ensuring that all persons who access the App through your mobile device are aware of these Terms and comply with them.

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:

Your mobile may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store records that are retrieved from the ScolioSense device or downloaded from ScolioSense API.
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.

4. Disclaimer of Warranties

4.1 Warranty Disclaimer

The App 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 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.

5. 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 App.

6. 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.

7. Modification of Terms

7.1 Modification Rights

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

8. 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.

9. Termination

9.1 Company's Right to Terminate

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

9.2 Termination for Violation

We reserve the right to terminate a user's access to the App if they violate the terms and conditions or engage in illegal or unethical behavior.

9.3 User-initiated Termination

Users can terminate their account at any time by contacting customer support at support@aidplex.com.

9.4 Consequences of Termination

Termination of a user's account may result in the deletion of their data unless we are required to retain this data for legal or regulatory reasons.

10. Prohibited activities

10.1 Unauthorized Usage

You may not access or use the App for any purpose other than that for which we make the Services available. The App may not be used in connection with any commercial.

10.2 Unfair Competitive Acts

Any public or private reference, directly or indirectly contrary to any term or article of the Agreement, including, primarily, of who is the Creator and Beneficiary of the ScolioSense System, constitutes, as a risk of consumer confusion, an unfair competitive act, which harms the business and financial interests of the Company. You, therefore, undertake to refrain from any such reference to any natural or legal person.

10.3 Specific Prohibited Activities

As a user of the App, you agree not to:

Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App. Use any information obtained from the App in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the App in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the App.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1 x1 pixels, web bugs, cookies, or other similar devices.
Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
Copy or adapt the App's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
Use a buying agent or purchasing agent to make purchases on the App.
Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the App to advertise or offer to sell goods and services.

11. Data Privacy

11.1 Data Collection

The ScolioSense System collects data of Scoliosis patients and their legal guardians but uses only the patients’ health Data (hereinafter "Data"). The Data is accessible both to the Company and the patients (users of the ScolioSense App), as well as to each patient's physician (user of the ScolioSense Platform), as the case may be.

11.2 Data Utilization

The respective patient has no other right over the Data, beyond his/her utilization, on the one hand, to use the App’s information and gamification mechanics in order to comply with the prescribed treatment of bracing, and on the other hand to increase his/her awareness in the course of treatment.

11.3 Data Collection and Processing

We will only collect and process personal data that is necessary for the functioning of the App, and will not share this data with any third parties without the user's consent.

11.4 User Rights

Users have the right to access, correct, and delete their personal data, and can exercise these rights by contacting our team at gdpr@aidplex.com.

11.5 Data Security

We will take appropriate technical and organizational measures to ensure the security and confidentiality of user data and will notify users in the event of a data breach.

11.6 Collection of Data

When you use our App, we may collect certain data from your ScolioSense device via Bluetooth, including but not limited to:

Use of app information, such as metrics based on user actions, gestures, or navigations of the user while he/she is using our application.
Application operation metrics, such as in-app errors, crashes, and logs that will be used to provide details about issues of the application.
Device information, such as unique device identifiers and operating system details.

11.7 Use of Data

We use your / your patient’s Data for the purpose of increasing the quality and level of your or his/her therapeutic method and procedure.

We collect and use the data obtained from your ScolioSense device to provide you with personalized features and services through the App, including:

Displaying your treatment progress, wearing time, and history.
Providing personalized recommendations and insights based on your data.
Enhancing your user experience within the App.

11.8 Data Sharing and Disclosure

We may share your data in the following circumstances:

With third-party service providers who assist us in delivering the App's functionality and services. These providers are contractually bound to maintain the confidentiality and security of your data.
With your explicit consent or as otherwise permitted or required by law.

Please note that we do not sell or rent your personal information to any third parties for marketing purposes.

11.9 Data Retention

We retain your data for as long as necessary to fulfill the purposes outlined in this Data Privacy Statement, or as required by applicable laws and regulations.

11.10 Your Choices and Rights

You have certain rights regarding your personal data, including the right to access, update, and delete your information. You can manage your data preferences by contacting us directly at gdpr@aidplex.com.

11.11 Children's Privacy

The App is intended for use by individuals over the age of 15 without parental consent. We DO NOT knowingly collect personal information from children under the age of 15 without verifiable parental consent. If you believe that we may have inadvertently collected information from a child of this category, please contact us immediately at gdpr@aidplex.com.

11.12 Updates to this Data Privacy Statement

We may update this Data Privacy Statement from time to time to reflect changes in our data practices. We encourage you to review this statement periodically.

12. App Management

We reserve the right, but not the obligation, to:

Monitor the App for violations of these Legal Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
Otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

13. Dispute Resolution

This Agreement is governed by and construed in accordance with Greek law. The Courts of Thessaloniki, Greece shall have exclusive jurisdiction over any disputes arising out of the Agreement.

14. Miscellaneous

14.1 These Terms are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

14.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 The headings in these Terms are for convenience only and shall not affect their interpretation.