Application Curia Innoplexus AG
Terms of use
Last updated: August 24, 2022
These terms and conditions are the terms of use (“Terms of Use”) of Innoplexus AG, Frankfurter Str. 27, 65760 Eschborn, Germany (“Innoplexus AG”), the company that provides and operates the Curia Application (“Application”).
By accessing or using the Curia Application, you agree to these terms and conditions. If you do not agree to any part of the terms and conditions, do not access the Application. In this case, you must stop using the Application immediately.
The user declares to be fully capable and over 18 years of age. In case of being a minor, users must be their parents or legal or guardians to use the Application, accept these Terms and Conditions of Use and enter into legally binding agreements in accordance with applicable laws.
1. The Application
The Application published and advertised by Innoplexus AG serves exclusively to inform cancer patients and their families. It supports and promotes transparency for all patients regarding therapeutic treatment options, clinical trials and experts. The app helps to build an information base that can be discussed with your healthcare provider. If you have a health problem, contact your physician or dentist. Only an individual examination can lead to a diagnosis and a decision on therapy. The Application is limited to this service, so users’ personal information is not sold, marketed or otherwise monetized.
2. Registering for the App
To register for the Curia App, the user must download the App from the appropriate app store (App Store or Google Play) and go through the registration process by providing information to Innoplexus AG. This information may include your name, address, device information, email address and phone number. You may use your Google account to log in to the Curia application registration. In this case, it is assumed that the user has already accepted Google’s terms of use, according to which the information may be transmitted to Google. After transmission of all information, Innoplexus AG will send a confirmation that the registration process was successful.
When you create your account, you must use the e-mail address provided and confirm the creation of your account via the e-mail sent to you. Otherwise, the account creation will be denied. Innoplexus AG reserves the right to refuse to create an account and to block or close it at any time and without giving reasons.
3. Password and security
You are solely and entirely responsible for maintaining the confidentiality of your user ID and associated password and for all activities that occur under your password or from your account. If you suspect that your password or account has been used without authorization, please contact Innoplexus AG as soon as possible. Innoplexus AG is not liable for any loss of data or damage related to the misuse of your account.
4. Intellectual property and rights of use
The Application contains various copyrighted content, such as concepts, designs, logos, editorial content, formats, diagrams, graphics, user interfaces, visual interfaces, photographs, software, software design, music and sounds, images, videos and fonts. Innoplexus AG represents that it owns or is licensed to use all rights and content related to the Application and hereby grants you a non-exclusive, non-transferable right to use the software aspects of the Application and the content contained therein solely for your personal, non-commercial purposes in your country. All rights not expressly granted are reserved by Innoplexus AG. Users may not copy, monetize, use or misappropriate this content. Innoplexus AG reserves the right to assert and enforce its trademark, copyright and trade secret rights whenever necessary.
5. Prohibited behavior
Users may not use the Curia Application to:
a) infringe, ignore, abuse or violate patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights of third parties or rights of publicity or privacy;
b) violate or encourage the violation of any applicable law or regulation that may involve civil liability;
c) fraudulent, false, misleading or deceptive acts;
d) defamatory, obscene, pornographic, vulgar or offensive acts;
e) engaging in activities that promote discrimination, bigotry, racism, hatred, harassment, or harm against individuals or groups;
f) engaging in violent or threatening activities or activities that promote violence or actions that threaten a person or organization;
g) engaging in activities that promote illegal or harmful activities or substances;
h) access, manipulate or use non-public areas of the Application, Innoplexus AG’s computer systems or the technical supply systems of Innoplexus AG’s suppliers;
i) attempt to access or search the Services, or download content from the Application using any 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 AG or other generally available third party web browsers;
j) send unsolicited or unauthorized advertising, promotional materials, e-mails, junk mail, spam, chain letters or other forms of solicitation;
k) use the Application for commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Use;
l) forge a TCP/IP packet header or any other part of the header information in any e-mail posting or newsgroup posting, or use the Services in any way to send altered, misleading or false information intended to identify the source;
m) attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Application;
n) interfere or attempt to interfere with user, host or network access, including, but not limited to, sending viruses, overloading, “flooding”, spamming or “bombing” emails from the Application;
o) collect or store personal data from the Services without the express authorization of other users of the Application;
p) purport or misrepresent your affiliation with a natural or legal person; or
q) encourage or permit any other person to do any of the foregoing.
Any use of the Application that deviates from the specifications of these Terms of Use and that has not been previously approved in writing by Innoplexus AG is strictly prohibited. In case of violation, Innoplexus AG reserves the right to terminate the license granted herein with immediate effect and to block or close your account.
6. Availability and Updates
Innoplexus AG provides the Application on an “as-is” basis. Innoplexus AG does not warrant that the Application will be available error-free at all times or that it will be available for any particular period of time. Innoplexus AG reserves the right to update the Application at its own discretion, but is not obligated to do so. These Terms of Use also apply to all updates to the Application. In addition, Innoplexus AG reserves the right to discontinue operation of the Application at any time, in whole or in part, and with or without notice.
7. Limitation of Liability
Downloading, installation and use of the Application are at the user’s own risk. Both Innoplexus AG and the operator of the App store hereby exclude any warranty for the App and make no other promises, warranties or assurances with respect to the App.
Claims for damages on the part of the user are excluded, except for claims for damages on the part of the user arising from injury to life, body, health or the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or negligent breach of obligations by the service provider, its legal representatives or its vicarious agents. Cardinal contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the User’s damage claims are based on injury to life, limb or health.
The above restrictions shall also apply in favor of the legal representatives and vicarious agents of the Service Provider, in the event that claims are made directly against them.
8. No health services or diagnostics
No health services are offered with or on the Application. The Application does not diagnose patients nor is it intended for self-diagnosis. Nothing provided by Innoplexus AG or any third party in connection with the Application shall be construed as professional medical advice, diagnosis or treatment.
9. No Liability for Content
In order to provide you with access to a comprehensive database, Innoplexus technology analyzes third-party information found on the Internet and made available within the Application. Innoplexus AG does not control or endorse this information and assumes no responsibility for it. It is at your discretion whether and to what extent you rely on the information you receive in connection with your use of the Application.
10. Third Party Links
In order to provide better tools and greater choice for Users, the Application may contain links that allow access to websites owned by third parties. Innoplexus AG has no control over, and assumes no responsibility for, the content, privacy policies or terms and conditions of such third party websites.
11. Applicable law
The law of the Federal Republic of Germany applies exclusively. The statutory provisions limiting the choice of law and the applicability of mandatory provisions remain unaffected, in particular (those) of the state in which the user as consumer has his habitual residence shall remain unaffected.
12. Changes
Innoplexus AG may change these conditions at its own discretion. In this case, Innoplexus AG will send a notice on the Application, by e-mail or otherwise, with which Innoplexus AG will inform users of the change. If you do not agree to the modification of the terms and conditions, you can cancel your account in the settings section of the Application and thus stop using the Application.
13. Entire Terms and Conditions
The legal relationship between Innoplexus AG and the user is conclusively governed by the above conditions.