Innoplexus AG CURIA App
Terms of use
Last updated: May 8, 2022
These Terms 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 “CURIA App”).
When you register to the App you enter into a legally binding agreement with Innoplexus AG, and by accessing or using the CURIA App you agree to comply and be bound by these Terms. If you do not agree to any part of the Terms, you must not access the App and stop using the App immediately.
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 or medical services are offered or provided 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 analyzed and discussed with your healthcare provider. If you have health problems, please consult your doctor or dentist. Only an individual examination by an accredited health professional 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. Before registering to the App or using any of its services we recommend that you carefully read the App’s privacy policy available at: https://curia.app/.
2. Registration for the Application
To register for the App, the user must download the App from the appropriate app store (App Store or Google Play) and go through the registration process, providing the requested information to Innoplexus AG. This information may include the user’s name, address, device information, email and phone number. The user may use his Google account to access the registration for the CURIA App. In such a case, the user is deemed to have already accepted Google’s terms of use, according to which information may be submitted to Google. After all data has been transmitted, Innoplexus AG will send you a confirmation that the registration process was successful.
When creating your account, you must use the email provided and confirm the creation of your account via the confirmation 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, for any reason and without any liability to Innoplexus AG.
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 of any nature related to the misuse of your password or account.
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. Innoplexus AG represents that it is the owner of all rights and content relating to or authorized to use the App and hereby grants you the non-exclusive, non-transferable and revocable 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. Such right of use does not, and shall not be construed to, grant you any license or any other rights of any nature with respect to any intellectual property rights of Innoplexus AG. All rights not expressly granted to you are reserved by Innoplexus AG. Users may not copy, monetize, misuse, or misappropriate this content. In addition to any other rights and/or remedies available to Innoplexus AG, Innoplexus AG reserves the right to protect, assert and enforce its trademark, copyright, trade secret and all other of its intellectual property rights when and as it deems convenient or necessary.
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 Innoplexus AG or any third parties, or any rights of publicity or privacy;
b) violate or encourage the violation of any applicable law or regulation that would give rise to any 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 any 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 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 AG or other 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) their 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 services in any way to send altered, misleading or false information to identify the source;
m) attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the App;
n) 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;
o) collect or store personal data from the services without the express permission of other users of the App;
p) pretend or misrepresent their affiliation with any person or entity; or
q) 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 that has not been approved in advance in writing by Innoplexus AG is strictly prohibited. In case of any default or violation to this Terms, in addition to any other rights and/or remedies available to Innoplexus AG under applicable law, Innoplexus AG reserves the right to revoke and terminate any rights granted herein to you with immediate effect and to suspend or close your account at any time without any liability to Innoplexus AG.
6. Availability and Updates
Innoplexus AG provides the App as-is (“as-is”). Innoplexus AG 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 AG reserves the right to update the App at its own discretion and at any moment, but is not obliged to do so. These Terms of use also apply to all updates of the App. Innoplexus AG further reserves the right to interrupt or discontinue operation of the App at any time, in whole or in part, with or without notice, and for any reason and without any liability to Innoplexus AG.
7. Limitations of Liability
Downloading, installing and using the App is at your own risk. Both Innoplexus AG and the App store operator make no promises, guarantees, representations or assurances and grant no warranties, express or implied, either in fact or by operation of law, by statute or otherwise with regard to the App or its services.
In no event shall Innoplexus AG be liable to the user and all claims of the user for any damages are hereby excluded, except for claims by the user for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations), as well as claims by the user for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents, provided that such exclusions to the liability limitation of Innoplexus AG, its legal representatives or vicarious agents are mandatory under applicable law and cannot be waived. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
Provided that the exclusions to the liability limitation mentioned above are mandatory under applicable law and cannot be waived, in the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the user arising from injury to life, limb or health.
The above restrictions also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
In the event that the aforementioned exceptions to the limitation of liability are not mandatory under applicable law or such can be validly waived, the user hereby unconditionally and irrevocably waives to the maximum extent permitted under applicable law his/her right to exercise or allege any of said exceptions.
8. Indemnity
In addition to any other right and/or remedy available to Innoplexus AG, the user will indemnify, defend and hold harmless Innoplexus AG against any and all damages, liabilities, claims, demands, proceedings, judgments, cause of action, losses, cost and/or expense of any kind or nature, which Innoplexus AG may suffer, sustain or become subject to as the result of, arising out of, relating to or caused by the user’s breach of these Terms or by his/her use of the App.
9. No Health Service or Diagnoses
No healthcare or medical services are offered or provided with or in the App. Neither does the App diagnose patients, nor is it intended or designed 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.
10. No Liability for Content
In order to provide you with access to a comprehensive database, Innoplexus AG’s technology analyzes third-party information found on the Internet and makes it available within the App. Innoplexus AG does not control, approve, recommend or endorse this information and assumes no responsibility or liability in this regard. It is at your own and sole discretion and risk whether and to what extent you rely on the information you receive in connection with your use of the App.
11. Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply exclusively, without regard to any conflicts of law principles. The parties expressly agree to submit to the jurisdiction of the competent courts in Eschborn, Germany, expressly waiving to any other jurisdiction that may correspond to them, for reasons of their present or future address or for any other reason.
12. Modifications
Innoplexus AG may amend these Terms at its own discretion. In such a case, Innoplexus AG will send a notification in the App, by email or by another means by which Innoplexus AG may inform users of the change. If you do not agree with any change to the Terms, you can delete your account in the settings area of the App and thereby stop using the App.
13. Entirety of the Terms and Conditions
The legal relationship between Innoplexus AG and the user is exclusively and conclusively regulated by the above Terms, and supersedes all prior agreements and understandings relating to the subject matter of these Terms.