Innoplexus AG Curia App
Terms and Conditions of use
Last updated: May 17 2022
These Terms and Conditions are the terms and conditions of use (hereinafter “Terms”) of the CURIA™ application (hereinafter the “App”), which is owned and operated by Innoplexus AG, Frankfurter Str. 27, 65760 Eschborn, Germany (hereinafter “Innoplexus”). These Terms and the constitute a legally binding agreement between you and Innoplexus.
By accessing and using the App, you (the user of the App) explicitly agree to comply with and be bound by these Terms. If you disagree with any part of the Terms, you must not access the App and you should immediately discontinue use of the App.
If you use the App on behalf of an entity, you represent and warrant that you have the authority to bind such entity, your acceptance of the Terms will be deemed an acceptance by such entity, and the use of “you,” “your” or “user” herein shall also refer to such entity. If you do not have such authority, then you may not use the App.
1. Die App
The App published and promoted by Innoplexus is solely for the purpose of providing information to cancer patients and their relatives and caregivers. It supports and promotes transparency for all patients regarding treatment options, clinical studies and consultation with experts. No health services are offered with or in the App. The App neither diagnoses patients nor is it intended for self-diagnosis. The App helps build a foundation of information that can be discussed with your healthcare provider. If you have health problems, please consult your doctor or dentist. Only an individual examination can lead to a diagnosis and treatment decision. The App is limited to this service, and does not sell, trade or otherwise monetize personal information of the users.
2. Registrierung für die Anwendung
When creating your account, you must use the email provided and confirm the creation of your account via the email that is forwarded to you. Failure to do so will result in account creation being denied. Innoplexus reserves the right to refuse the creation of an account and to block or close your account at any time and without giving reasons.
3. Passwort und Sicherheit
You are solely and fully responsible for maintaining the confidentiality of your user ID and associated password, as well as all activities conducted using your password or from your account. If you suspect that your password or account have been used without authorization, contact Innoplexus as soon as possible. Innoplexus is not liable for any loss of data or damage related to misuse of your account.
4. Ownership, intellectual property and rights of use
Subject to these Terms, Innoplexus hereby grants you a limited, non-exclusive, revocable and non-transferrable licence to install and use one (1) copy of the App, for personal educational and informational (and not commercial) purposes only, on any device that runs on the CURIATM platform, such as hand-held devices, smartphones, laptop computer and tablets that you own or control. You own the media on which the App is recorded but Innoplexus and/or its licensor(s) retain ownership of the App itself. All rights not expressly granted under this Agreement are reserved by Innoplexus.
The App contains a variety of copyrighted content, including concepts, designs, logos, text, editorial content, formatting, diagrams, graphics, user interfaces, visual interfaces, photographs, software, software layout, source code, music and sounds, images, videos and fonts (collectively, the “Content”). Innoplexus hereby grants you a limited, non-exclusive, revocable and non-transferable right to use the software-related aspects of the App and to download, view, copy and print the Content solely for your personal, non-commercial purposes in Canada. All rights not expressly granted to you are reserved by Innoplexus. You may not copy, reproduce, republish, monetize, misuse or misappropriate the Content without Innoplexus’ prior written consent.
Unless otherwise expressly stated herein, you shall have no right, title, claim or interest in or to any of the intellectual property rights of Innoplexus or any third parties that may own intellectual property rights in the App or the Content, and you may not use, copy, modify or in any way translate any software provided by Innoplexus in connection with the App or decompile, disassemble or reverse engineer same or grant any other person or entity the right to do so. Innoplexus reserves the right to assert and enforce its trademark, copyright and trade secret rights whenever necessary.
5. Verbotenes Verhalten
You may not use the App to:
a) Verletzung, Missachtung, Missbrauch oder Verstoß der Patente, Urheberrechte, Warenzeichen, Geschäftsgeheimnisse, moralische Rechte oder andere geistige Eigentumsrechte Dritter oder Rechte der Öffentlichkeit oder der Privatsphäre;
b) Verstoß oder Ermutigung zum Verstoß von geltendem Gesetz oder Vorschriften, das zu zivilrechtlicher Haftung führen würde;
c) betrügerische, falsche, irreführende oder täuschende Handlungen;
d) verleumderische, obszöne, pornographische, vulgäre oder beleidigende Handlungen;
e) sich an Aktivitäten beteiligen, die Diskriminierung, Bigotterie, Rassismus, Hass, Belästigung oder Schaden gegen Einzelpersonen oder Gruppen fördern;
f) engage in activities that are violent or threatening or promote violence or acts that threaten any person or organization;
g) sich an Aktivitäten beteiligen, die illegale oder schädliche Aktivitäten oder Substanzen fördern;
h) access, manipulate or use non-public areas of the App, Innoplexus’ computer systems or the technical delivery systems of Innoplexus’ providers;
i) attempt to access or browse the services or download content from the App using any other machine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Innoplexus or other commonly available third-party web browsers;
j) send unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;
k) use the App for your own commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms;
l) einen TCP/IP-Paket-Header oder einen Teil der Header-Informationen in einer E-Mail oder einem Newsgroup-Posting zu fälschen oder die Dienste in irgendeiner Weise zu nutzen, um geänderte, irreführende oder falsche Informationen zur Identifizierung der Quelle zu versenden;
m) zu versuchen, die für die Bereitstellung der Anwendung verwendete Software zu entschlüsseln, zu dekompilieren, zu disassemblieren oder zurückzuentwickeln;
n) modify, distribute, copy or adapt, translate or create derivative works based on the App and/or the Content;
o) interfere or attempt to interfere with the access of any user, host or network, including but not limited to sending a virus, overloading, flooding, spamming or mail bombing the App;
p) collect or store personal data from the services without the express permission of other users of the App;
q) pretend or misrepresent their affiliation with any person or entity; or
r) permit, encourage or enable another person to do any of the foregoing.
Any use of the App that deviates from the specifications of these Terms and has not been approved in advance in writing by Innoplexus is strictly prohibited. In case of violation, Innoplexus reserves the right to terminate the licence granted herein with immediate effect and to suspend or close your account.
6. Verfügbarkeit und Updates
Innoplexus provides the App on an “as is” and “as available” basis. It does not guarantee that the App will be made available error-free at all times or that it will be available for a certain period of time. Innoplexus reserves the right to update the App at its own discretion, but it is not obliged to do so. These Terms also apply to all updates of the App. Innoplexus further reserves the right to discontinue operation of the App at any time, in whole or in part, and with or without notice.
7. Limitation of liability
DOWNLOADING, INSTALLING AND USING THE APP IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES WHATSOEVER. INNOPLEXUS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY: (A) WARRANTIES THAT THE APP AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION AND THAT YOUR USE OF THE APP WILL MEET YOUR PERSONAL GOALS AND OBJECTIVES; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR TIMELINESS OF THE APP AND/OR THE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE APP OR ACCESSED THROUGH THE APP; (E) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP; (F) WARRANTIES THAT YOUR USE OF THE APP WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT THE APP AND/OR THE CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE APP AND/OR THE CONTENT WILL BE CORRECTED. INNOPLEXUS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALISATION SETTINGS OR CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE APP AND THE INFORMATION CONTAINED THEREIN OR COMPILED BY THE APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOPLEXUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWRE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE APP, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE APP RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF INNOPLEXUS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL INNOPLEXUS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR PUNITICE DAMAGES SUFFERED BT YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY ARISING OUT OF OR RELATING TO THE USE OF THE APP. IN ALL CASES, OUR LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
YOU AGREE TO INDEMNIFY AND HOLD INNOPLEXUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE APP; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS; OR (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
8. Keine Gesundheitsdienstleistung oder Diagnosen
The App is not a substitute for medical advice, diagnosis or treatment, symptom assessment, health counselling or medical opinion for users. The App is provided for personal, educations, informational, convenience purposes only. No healthcare services are offered with or in the App. The App does not diagnose patients, nor is it intended for self-diagnosis. None of what is provided by Innoplexus or third parties in connection with the App is to be construed as professional medical advice, diagnosis or treatment.
9. Keine Haftung für Inhalte
In order to provide you with access to a comprehensive database, Innoplexus’ technology analyzes third-party information found on the Internet and makes it available within the App. Innoplexus does not control or endorse this information and assumes no responsibility or liability in this regard. It is at your own discretion whether and to what extent you rely on the information you receive in connection with your use of the App. Reliance on any information provided in the App is solely at your own risk and you assume full responsibility for the use of the information, for any medical treatment sought and for your participation in any clinical trial.
10. Geltendes Recht und Gerichtsstand
These terms are governed by the laws of Germany without reference to conflict of laws principles. You and Innoplexus irrevocably and unconditionally consent to the exclusive jurisdiction to the courts or Germany for resolution of any disputes arising from these Terms.
Innoplexus may amend these Terms at any time at its own discretion by posting an updated version of these Terms on a given date. If Innoplexus determines that the changes are material, Innoplexus will provide you with additional, prominent notice as is appropriate under the circumstances. By continuing to use the App after amendments are posted, you accept the amendments and agree to them. If you do not agree with the changes to the terms, you can delete your account in the settings area of the App and thereby stop using the App.
12. Waiver and Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Innoplexus to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Innoplexus in writing.
13. Entirety of the Terms and Conditions
These Terms constitute the entire agreement between you and Innoplexus and supersede any prior agreement, communication and understanding, whether written or oral.
Should you have any questions, complaints or claims with respect to this Agreement or the App, or if you desire to contact Innoplexus for any reason, please contact:
Frankfurter Str. 27, 65760 Eschborn, Germany
Tel.: +49 6196-9677-311