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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:

  • 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 Platform or which as determined by us may harm the Company or users of the Platform 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 Platform
  • 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:

  1. Doctor who serves scoliosis patients or
  2. 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:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  2. You may store files that are automatically cached by your web browser for display enhancement purposes
  3. 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.