Terms and Conditions for ScolioSense System (Web Platform and Hardware)

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 (“Doctor”, “Brace manufacturer”, “you”, “user”) with access to and use of the ScolioSense Web Platform (“Platform”), which includes the website located at https://www.scoliosense.com (the “Site”) and all related Services provided by us, but ALSO the terms of the ScolioSense Hardware BUY & RESALE scenario, as explained above.

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 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. 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 Purpose and Restrictions

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

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

1.3 Professional Status

Your current professional status must be:

i) Doctor, who serves scoliosis patients, or
ii) Manufacturer of scoliosis braces.

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.

User Accounts

2.1 Account Confidentiality

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 Information Accuracy

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

2.3 Doctor Responsibilities

Doctors who use the Platform agree to regularly monitor their patients' progress and respond promptly to any issues or concerns that arise.

2.4 Patient Treatment Records

Doctors who use the Platform must maintain accurate and up-to-date records of patient treatment plans and progress.

2.5 Data Security

Doctors who use the Platform must maintain a secure and confidential environment for patient data and must take all reasonable measures to protect this data from unauthorized access or disclosure.

2.6 Patient Instructions

Doctors who use the Platform must provide patients with clear and comprehensive instructions on how to use the ScolioSense application, including how to report any issues or concerns.

2.7 Informed Consent

Doctors who use the Platform must inform patients of the risks and benefits associated with using the Platform and must obtain informed consent from patients before using the Platform.

2.8 Brace Manufacturers

Brace manufacturers who install the System to a patient's brace must provide clear and comprehensive instructions to the patient on how to use the System and how to report any issues or concerns.

2.9 Customer Support

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

Ownership and Intellectual Property Rights

3.1 Ownership of Platform

The Platform 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 Use of Material

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 Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Platform 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.

Limitation of Liability

5.1 Liability Limitation

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 Platform 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 Agreement to Indemnify

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 Platform.

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 Complete Agreement

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

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.

9.2 Termination for Violations

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

9.3 User Account Termination

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

9.4 Data Deletion upon 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.

Prohibited Activities

10.1 Purpose of Platform Use

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

10.2 Prohibited References

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 User Agreement

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

Systematically retrieve data or other content from the Platform 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 Platform, 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 Platform. Use any information obtained from the Platform 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 Platform in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Platform.
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 Platform 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 (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Copy or adapt the Platform'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 Platform.
Use a buying agent or purchasing agent to make purchases on the Platform.
Make any unauthorized use of the Platform, 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 Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
Use the Platform to advertise or offer to sell goods and services.

Data Privacy

11.1 Data Collection

The ScolioSense System collects data of Scoliosis patients (hereinafter "Data"). The Data is accessible both to the Company and the users of the Platform, as well as to each patient's physician, as the case may be.

11.2 Rights Over Data

The respective physician and manufacturer of scoliosis braces have no other right over the Data, beyond its utilization, on the one hand, to monitor the correct use and operation of the manufacturers' scoliosis braces, and on the other hand to monitor the therapeutic course of each patient by the respective physician.

11.3 Data Collection and Sharing

We will only collect and process personal data that is necessary for the functioning of the Platform, 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.

Platform Management

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

Monitor the Platform 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 Platform 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 Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

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.

Miscellaneous

14.1 Binding Agreement

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

14.2 Invalid Provisions

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 Enforcement

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 Headings

Customer Support

The Company will provide customers with answers and guidance regarding the management of the ScolioSense System, daily, excluding Saturdays, Sundays, and Holidays, during the hours (Greece) 10.00-17.00, via the telephone number 231 6014433 and for as long as the Agreement lasts.

The Company shall offer remote internet-based assistance throughout the duration of the Agreement to rectify any identified errors in the Software, as reported by either Party.

Users of the Platform expressly agree not to resell, distribute, or transfer their access to the ScolioSense web app or any associated services to any other individual. A ScolioSense account for a patient can be used with only one patient. Repurposing a ScolioSense account for more than one patient is forbidden.

Correction

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

DISCLAIMER

THE PLATFORM AND ITS RELATED SERVICES (HEREBY THE “SERVICES”) ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

CONTACT INFORMATION

Please direct any queries about these Terms to:

Address: Vasileos Irakleiou 40, 54623 Thessaloniki, Greece

Telephone: (+30) 2316014433

Email: gdpr@aidplex.com