Innoplexus AG CURIA App
Last updated: 30 Dec 2021
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”).
By accessing or using the CURIA App, you agree to be bound by these Terms. If you do not agree to any part of the Terms, you must not access the App. You should 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.
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.
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.
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 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 trademark, copyright, and trade secret rights whenever 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 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 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 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.
6. Availability and Updates
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.
Claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
Innoplexus AG does only act as a platform and thus cannot be held liable for the outcome of the Second Opinion, since this service is provided by the respective physician on his own behalf only and Innoplexus AG does only run the technical infrastructure. Under no circumstances Innoplexus AG is influencing the result of the Second Opinion, so Innoplexus AG cannot be held liable for the result and any damages arising out of it.
In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical 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.
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.
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 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.
Innoplexus AG may amend these Terms and Conditions 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 informs users of the change. If you do not agree with the change to the terms, you can delete your account in the settings area of the App and thereby stop using the app.
12. Entirety of the Terms and conditions
The legal relationship between Innoplexus AG and the user is conclusively regulated by the above Terms and Conditions.