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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.
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.
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.
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
Your current professional status must be:
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.
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.
Users are responsible for providing accurate and complete information when using the Platform and updating this information as necessary.
Doctors who use the Platform agree to regularly monitor their patients' progress and respond promptly to any issues or concerns that arise.
Doctors who use the Platform must maintain accurate and up-to-date records of patient treatment plans and progress.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
Users can terminate their account at any time by contacting customer support at support@aidplex.com.
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.
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.
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.
As a user of the Platform you agree not to:
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.
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.
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.
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.
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 in accordance with applicable law. For EU residents, this means notification within 72 hours where required. For Swiss residents, this means notification as soon as possible where required.
For users residing in Switzerland, Aidplex complies with the Swiss Federal Act on Data Protection (revFADP). Processing is carried out based on consent and overriding private interests in providing and improving our services.
All personal data is stored and processed within the European Union/EEA, which is recognized by the Swiss Federal Council as providing adequate protection.
For residents of Switzerland under 16 years of age, consent must be provided by a parent or legal guardian.
For Swiss residents, you may also contact the Swiss supervisory authority: Swiss Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, CH-3003 Bern, www.edoeb.admin.ch.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Legal Terms; (2) 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; (3) 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; (4) 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 (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
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.
These Terms are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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.
The headings in these Terms are for convenience only and shall not affect their interpretation.
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.
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.
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 (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) 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.
Please direct any queries about these Terms to:
Address: Vasileos Irakleiou 40, 54623 Thessaloniki, Greece
Telephone: (+30) 2316014433
Email: gdpr@aidplex.com