Innoplexus AG CURIA App
Last updated: 4th Jan, 2022
These Terms and Conditions are the terms and conditions of use (hereinafter “Terms”) of Innoplexus AG, Frankfurter Str. 27, 65760 Eschborn, Germany (hereinafter “Innoplexus AG”), the company that provides and operates the CURIA Application (hereinafter “App” or “Services”).
By accessing or using the CURIA App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not access the App. You must immediately stop using the App if you do so.
1. The Application
The App published and advertised by Innoplexus AG is solely for the purpose of providing information to cancer patients and their relatives. It supports and promotes transparency for all patients regarding treatment options, clinical studies and 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, so users’ personal information is not sold, traded or otherwise monetised.
IMPORTANT – NO HEALTH OR MEDICAL ADVICE:
THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE SERVICE IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE PURPOSES ONLY AND ARE NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS. THE SERVICE IS GENERAL IN NATURE AND ARE NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR END USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED IN THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
INNOPLEXUS AG DOES NOT PROVIDE MEDICAL ADVICE. INNOPLEXUS AG DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION PROVIDED TO YOU THROUGH THE SERVICE OR FOR ANY TREATMENT OR ADVICE YOU MAY RECEIVE, OR CLINICAL TRIAL IN WHICH YOU MAY PARTICIPATE, AS A RESULT OF OR IN CONNECTION WITH INFORMATION PROVIDED TO YOU THROUGH THE SERVICE OR YOUR USE THEREOF.
2. Registration for the Application
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 AG reserves the right to refuse the creation of an account and to block or close your account at any time and without giving reasons.
If you register, connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf.
3. Password and Security
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 AG as soon as possible. Innoplexus AG is not liable for any loss of data or damage related to misuse of your account. You agree not to disclose your login credentials to any third party. You must notify us immediately of any unauthorized use of your account of login credentials or any other breach of security.
4. Intellectual property and rights of use
The App contains a variety of copyrighted content, such as concepts, designs, logos, editorial content, formatting, diagrams, graphics, user interfaces, visual interfaces, photographs, software, software layout, music and sounds, images, videos and fonts.
Any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, icons, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”) are owned by and/or licensed to Innoplexus AG, and are subject to copyright and other applicable intellectual property rights under applicable law and international conventions.
You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Innoplexus AG’s proprietary rights, including Innoplexus AG’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in these Terms.
Innoplexus AG represents that it is the owner or authorized to use of all rights and content relating to the App and hereby grants you the limited, personal, non-exclusive, revocable and non-transferable right to use the software-related aspects of the App and the content displayed therein solely for your personal, non-commercial purposes in your country. All rights not expressly granted to you are reserved by Innoplexus AG. Users may not copy, monetize, misuse, or misappropriate this content. Innoplexus AG reserves the right to assert and enforce its intellectual property rights including trademark, copyright, and trade secret rights whenever necessary.
You shall not alter or remove any copyright notice or other proprietary notice posted or published by Innoplexus AG or its licensors or contained in the Intellectual Property.
5. Prohibited conduct
Users may not use the App to:
(a) infringe, disregard, misuse or violate the 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 would give rise to civil or other liability;
c) commit fraudulent, false, misleading or deceptive acts;
d) commit defamatory, obscene, pornographic, vulgar or offensive acts;
e) engage in activities that promote discrimination, bigotry, racism, hatred, harassment or harm against individuals or groups;
f) engage in activities that are violent or threatening or promote violence or acts that threaten any person or organisation;
g) engage in activities that promote illegal or harmful activities or substances;
h) access, manipulate or use non-public areas of the App, Innoplexus AG’s computer systems or the technical delivery systems of Innoplexus AG’s providers;
i) attempt to access or browse the Service 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 AG or other standard commonly available third-party web browsers;
j) send unsolicited or unauthorised advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;
k) your own commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms;
l) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or use the Service in any way to send altered, misleading or false information to identify the source;
m) attempt to decrypt, decompile, disassemble or reverse engineer or otherwise attempt to discover the source code of any software used to provide the App;
n) interfere or attempt to interfere with the operation of the Service or 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;
o) collect or store personal data from the services (other than your own data) without the express permission of other users of the App;
p) distribute any content accessible to you by the Service or create a database by systematically downloading and storing all or any such content, or forward any data generated from the Service without the prior written consent of Innoplexus AG;
q) pretend or misrepresent your affiliation with any person or entity; or
r) 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 AG is strictly prohibited. In case of violation, Innoplexus AG reserves the right, in addition to any other rights it may have under these Terms or applicable law, to terminate the license granted herein with immediate effect and to suspend or close your account.
6. Availability and Updates; Termination of the Service; No warranty
Innoplexus AG provides the App as-is (“as-is”). The app is provided without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use. Innoplexus AG does not warrant or guarantee that the app will be made available error-free (or at all) at all times or that it will be available for a certain period of time or at any particular location or country.
Innoplexus AG reserves the right to update the App at its own discretion, but is not obliged to do so. These Terms also apply to all updates of the App. Innoplexus AG further reserves the right to discontinue operation of the App at any time, in whole or in part, and with or without notice. In no event will Innoplexus AG be liable for the removal of or disabling of access to the Service or any part thereof.
7. Limitations of liability
Downloading, installing and using the App is at your own risk. Both Innoplexus AG and the App store operator hereby exclude the warranty for the App completely and also do not make any other promises, guarantees or assurances with regard to the App.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE AND THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOPLEXUS AG BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, EVEN IF INNOPLEXUS AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL INNOPLEXUS AG OR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.
8. No health service or diagnoses
No healthcare services are offered with or in the App. Neither does the App diagnose patients, nor is it intended for self-diagnosis. None of what is provided by Innoplexus AG or third parties in connection with the App is to be construed as professional medical advice, diagnosis or treatment.
The App is not medical equipment or a medical accessory.
9. No liability for content
In order to provide you with access to a comprehensive database, Innoplexus AG’ technology analyzes third-party information found on the Internet and makes it available within the App. Innoplexus AG 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.
10. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply exclusively. The statutory provisions on the restriction of the choice of law and on the applicability of statutory regulations, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected by this.
11. Modifications to these Terms
Innoplexus AG may amend these Terms at any time at its own discretion, so we recommend you to re-visit this page frequently. In such a case, Innoplexus AG will send a notification in the App, by email or by another means by which Innoplexus AG informs users of the change. If you do not agree with the change to the terms, you are required to delete your account in the settings area of the App and thereby stop using the app.
Please note that in the event that these Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
To use the Service, you must be over 18 years old. You represent that you are at least 18 years old and if you are under the age of 18, you may only use the Service under the supervision, or with the direct consent, of a parent or legal guardian who has agreed to any agreement you enter into while using the Service, including these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors under 18 years old are not using the Service other than as stated above. In the event that we become aware of a person under 18 years old using the Service, we reserve the right to block such user’s access to the Service.
14. Third Party Platform Providers
Since you may download the App from a third party platform, service provider or distributor (e.g. App Store or Google Play) (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Platform Rules”). Please note that in such case, Platform Rules may apply and it is your responsibility to determine what Platform Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Rules.
You agree to indemnify and hold harmless Innoplexus AG and its directors, officers, employees, agents, licensors, successors and permitted assigns, from and against any and all damages, losses, costs, claims and proceedings (including attorneys’ fees) directly or indirectly arising from, connected with or relating to: (a) your use of the Service; (b) any negligence, misconduct, or breach of these Terms by you (C) the actions of any person gaining access to the Service under a User ID assigned to you; (d) the actions of anyone using a User ID, password or other unique identifier assigned to you that adversely affects the Service or any information accessed through the Service, including but not limited to a security breach; or (e) your violation of any applicable law or regulation.
16. Entirety of the Terms and conditions
The legal relationship between Innoplexus AG and the user is conclusively regulated by the above Terms and Conditions.
Any heading, contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Innoplexus AG may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under these Terms are not assignable. Any attempted or actual assignment thereof without Innoplexus AG’s prior explicit and written consent will be null and void.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties, and this will not affect the validity and enforceability of any remaining provisions
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
21. Questions, comments and complaints
Should you have any questions, comments or complaints, please contact us at firstname.lastname@example.org. We will do our best to resolve your issue in a timely manner. We may ask you to provide us certain personal information in order for us to identify you.