Innoplexus AG CURIATM Mobile Application
End User License Agreement
Last Updated: October 2021
By accessing or using the CURIATM application you (the user of the app) agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the application. You should promptly discontinue use of the application.
1. The Application
The app published and promoted by Innoplexus is only for information purposes for cancer patients and their relatives and caregivers. It supports the mission of transparency for all patients regarding treatment options, clinical trials and consultation with experts. The app helps building an information base to be discussed with your healthcare provider. It is a limited product that does not sell, rent, trade, or monetize personal information of the users.
“Account” means a user’s subscription and/or means to access the System.
“Applicable Law(s)” means all applicable laws, regulations, rules, and guidance to which You are subject, whether by jurisdiction or organizational affiliation, including, but not limited to, any ethics or institutional review board (IRB) requirements, or institution or office/practice policies, or procedures.
“Confidential Information” means any information concerning Innoplexus’ business, financial affairs, current or future products or technology, trade secrets, workforce, customers or any other information that is treated or designated by Innoplexus as confidential or proprietary, or would reasonably be viewed as confidential, proprietary, or as having value to competitors.
“Content” means data and electronic information of any kind, including but not limited to text, digital images, geolocation information and metadata, uploaded or otherwise provided to the Services and/or the System.
“Health Information” means information, including text, digital images, sound recordings and other data, concerning past, present or future medical or mental health condition or past, present or future medical treatment or payment for medical or mental health treatment that is traceable or identifiable to an individual.
“Intellectual Property” means any and all software, technology, specifications, databases, code and all copyrights and all other intellectual property rights in and to the foregoing, including all derivative works, enhancements, customizations, modifications or upgrades thereto, owned, created, or provided by Innoplexus in connection with the Services or otherwise
“Notice” means the posting of any modification or amendment (on the system/on the website) thirty (30) days prior to the date upon which the modification or amendment becomes effective.
“Personal Information” means information that identifies you personally as a User of the System and all pertinent information concerning you and your use of the System.
“Services” means Innoplexus mobile applications, web applications, website, servers and networks, wherever situated or made available to you.
“Software” means the coded instructions, data and metadata for the CURIATM applications to which you will be, by execution of this Agreement, granted a license and access.
“System” means the Innoplexus mobile applications, web applications, website, servers and networks, wherever situated.
“User” means you and any other User of the System.
“User ID” means a unique User identification used by a User to access the System.
If you are entering into this Agreement on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, Owners, and its affiliates to this Agreement. In that case, the terms “you” or “your” shall also refer to such entity, its Members, its Owners, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this Agreement, you may not use the System or any of the Innoplexus applications.
The Software is owned by Innoplexus and its licensors and is protected by the federal intellectual property and copyright laws of countries within the European Union, Canada, the United States and certain international treaty provisions. Innoplexus and its licensors own and retain all rights, title and interest including, patents, trademarks, copyrights, trade secrets and other intellectual property rights in and to the Software, including but not limited to, source codes, images, photographs, animation, themes, titles, characters, video, audio, music, and text embodied or contained, therein. You may make one copy of the Software solely for backup or archival purposes provided that the copy you make contains all of the Software’s proprietary notices unaltered and unobstructed and whether they refer to Innoplexus or its licensors. If this Software contains user documentation which is provided only in “on-line” or electronic form, you may print one (1) copy of such documentation for backup or archival purposes. You may not copy the printed materials accompanying the Software for purposes other than mentioned herein. Nothing in this Agreement shall be construed as granting to you any title and intellectual property rights in and to the Software, except for the limited license mentioned herein.
You may not rent, lease, loan, or grant a security interest in the Software, or transfer your license to use the Software. You may not reverse-engineer, decompile or disassemble the Software. You may not modify, distribute copy, adapt, translate, or create derivative works based upon the Software and all accompanying materials.
This Agreement is effective for an unlimited duration unless and until terminated in accordance with this section. You, or Innoplexus, may terminate this Agreement at any time. Upon termination of this Agreement by you or by Innoplexus or its Licensors, you must destroy all copies of the Software and all of its components. Without prejudice to any other rights it may have, Innoplexus or its Licensors may terminate this Agreement upon written notice if you do not abide with the terms and conditions contained herein, in which case, you must cease immediately all use and destroy all copies of the Software and all of its components.
THE SOFTWARE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE SOFTWARE IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE PURPOSES ONLY AND IS NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS UNLESS EXPCITLY SPECIFIED AND CONSENT IS OBTAINED BY YOUR HEALTHCARE PROVIDER FOR THIS USE. THE SOFTWARE IS GENERAL IN NATURE AND IS 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 SOFTWARE. RELIANCE ON ANY INFORMATION PROVIDED IN THE SOFTWARE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE SOFTWARE AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SOFTWARE. NEITHER INNOPLEXUS NOR ITS LICENSORS MAKES ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INNOPLEXUS ON BEHALF OF ITSELF AND ITS LICENSORS DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED THEREIN OR COMPILED BY THE SOFTWARE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOPLEXUS OR ANY OF ITS LICENSORS 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 SOFTWARE, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE SOFTWARE RESULTS FORM 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 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.
Security: Innoplexus endeavors to protect Personal Health Information and other personal information using commercially reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the Services, neither Innoplexus nor its licensors warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet if you have any concerns regarding the security of your information or the use of the Internet to access your Health or Personal Information, you should consider not creating a CURIATM account. YOU AGREE THAT NEITHER INNOPLEXUS NOR ITS LICENSORS ARE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS ,OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE.
Health Information: If you are using the Software at the direction of and in the course of your medical treatment by a healthcare provider or in the course of or in application for a clinical trial and you decide to commence treatment with that provider or are accepted into a clinical trial, the provider or clinical trial coordinator may access your health information and may share it with his, her or its business partners who require access to patient information, within the requirements of applicable privacy laws and regulations. In addition, your health information may also be used or disclosed by the healthcare provider for purposes of treatment, payment (including but not limited to health insurance claims and reimbursement) and operations of the medical practice, as well as for other purposes permitted by relevant laws and regulations. Your Health Information accessed by your physician or other health professional that is uploaded or otherwise transferred to your health record maintained by your physician or other health professional is owned by you or your physician or other health professional, as determined by the law in your jurisdiction.
You agree that you are solely responsible for: (a) the selection of the Software to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage to all equipment and services necessary for the installation and use of the Software and all data used in association with the Software; (c) providing a safe and suitable location and environment for the installation and use of the Software; (d) the use, installation, implementation and operation of the Software and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your Mobile Device prior to installing or using the Software.
It is your responsibility to comply with and ensure that your use of the Software complies with, all applicable local, state, provincial, national, and foreign laws and regulations, including without limitation all laws relating to data privacy, international communications and the exportation and transmission of technical data and other regulated materials. The Software is not available in all languages nor is it available in all countries, notwithstanding that the Software may be accessed from, displayed on or linked to a particular Mobile Device. Neither Innoplexus nor its licensors make any representation that the Software is appropriate or available for use in any particular location. To the extent you choose to access the Software, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Innoplexus and its licensors reserve the right to change, suspend, remove, or disable access to the Software at any time without notice. In no event will Innoplexus or its licensors be liable for the removal of or disabling of access to any such Software.
You agree to indemnify Innoplexus and its directors, officers, employees, agents, licensors, successors and permitted assigns, from and against any and all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (a) your use of the Software; or (b) any negligence, misconduct, or breach of this Agreement by you.
If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, 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. All other provisions shall remain in full force and effect. Innoplexus’ failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Innoplexus and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties, expect as otherwise provided in this Agreement. No agency, partnership, joint venture, employment, or other kind of relationship is created as a result of this Agreement unless expressly granted by the terms of this Agreement and you do not have any authority of any kind of bind Innoplexus in any respect whatsoever
This Agreement is governed by the laws of Germany without reference to conflict of laws principles. Each of the parties hereto irrevocably consents to the exclusive jurisdiction to the courts or Germany for resolution of any disputes arising from this Agreement.
Should you have any questions, complaints or claims with respect to this Agreement or the Software, or if you desire to contact Innoplexus for any reason, please contact:
Frankfurter Str. 27, 65760 Eschborn, Germany