Innoplexus AG Neuria App
Terms of Use (“Terms”)
Last updated: 06 February 2023
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 Neuria Application (hereinafter “App”).
Company, Us, We, or Our: Innoplexus AG, as the creator, operator of the App, makes the App and Services on it available to Users. Innoplexus, Company, Us, We, Our, Ours and any other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
You, the User: You, as the user of the App, will be referred to throughout this Terms with second-person pronouns such as You, Your, Yours, or as User.
Parties: Collectively, the parties to this Terms (the Company and You) will be referred to as Parties
1. THE APPLICATION
The App published and advertised by the Company is solely for the purpose of providing information to neurological disorder 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 monetized.
2. 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.
3. YOUR RESPONSIBILITY
Even though the Services are provided free of charge, the usual and customary charges for any medical services rendered by collaborating physicians profiled on the app will apply and will be entirely your responsibility
4. 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 information to the Company. 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 Neuria 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, the Company 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 email that is forwarded to You. Failure to do so will result in account creation being denied. the Company reserves the right to refuse the creation of an account and to block or close Your account at any time and without giving reasons.
5. 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 the Company as soon as possible. the Company is not liable for any loss of data or damage related to misuse of Your account.
6. 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. the Company 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 the Company. Users may not copy, monetize, misuse, or misappropriate this content. the Company reserves the right to assert and enforce its trademark, copyright, and trade secret rights whenever necessary.
7. 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, the Company’s computer systems or the technical delivery systems of the Company’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 the Company or other commonly available third-party web browsers;
j) send unsolicited or unauthorized 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 of Use and has not been approved in advance in writing by the Company is strictly prohibited. In case of violation, the Company reserves the right to terminate the license granted herein with immediate effect and to suspend or close your account.
8. SECOND OPINION FEATURE (if applicable)
You acknowledge and agree that the Second Opinion feature or services report should not in any form, shape or fashion constitute a diagnosis, medical advice, treatment, medical care or establish any doctor-patient relationship. Furthermore, you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second opinion radiology report. Your doctor shall directly communicate to you all information contained in the Second Opinions report.
You further release and hold harmless Neuria and its/their respective physicians, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion reports. Although every effort will be made to generate a second opinion radiology report in reasonably timely fashion, Neuria makes no representation or warranty as to the timeframe in which such second opinion report will be generated.
9. MY DATA VAULT (if applicable)
The “My Data Vault” feature is offered via the NEURIA app. This feature allows user to upload ,store and access their medical documents or information to be stored in predefined folders.This information will be stored adhering to the security standards at Innoplexus and will be accessible only to the user who is the owner of the information. Please refer to Neuria’s Privacy Policy for more details.
10. UPDATES
The Company reserves the right to update the App at its own discretion but is not obliged to do so. These terms of use also apply to all updates of the App. The Company further reserves the right to discontinue operation of the App at any time, in whole or in part, and with or without notice.
11. USE OF DISCUSSION GROUPS
Innoplexus AG provides this app with discussion groups with feedback data (e.g., questions, comments, suggestions, or the like) regarding the site, services or medical conditions for the benefit of its members and the general public. The User feedback shall be deemed to be nonconfidential and Innoplexus AG shall have no obligation of any kind with respect to the User feedback. In addition, Users agree and acknowledge that Innoplexus AG shall be free to reproduce, use, disclose, display, exhibit, transmit, perform create derivative works, and distribute the User feedback to others without limitation, and to authorize others to do the same. Innoplexus AG shall not be liable or owe any compensation for the use or disclosure of the User feedback.
The author and viewer both agree that the content, view and opinions published in groups belong solely to their respective users/authors and do not necessarily reflect the views of Innoplexus AG, its management or employees.
Due to the open and real-time nature of the comments posted to these venues makes it is impossible for Innoplexus AG to always confirm the validity of any content posted, and though Innoplexus reserve the right to review and edit or delete any such comment, we do not guarantee that we will monitor and review it. If you find any posts in these posts/comments to be offensive, inaccurate or objectionable, please contact us via email at info@neuria.com and reference the relevant content.
In addition User when posting information through the Services must not post anything:
(a) that interferes with or disrupts the sites or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the sites;
(b) statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
(c) statements or materials that violate other contractual or fiduciary rights, duties or agreements;
(d) Post or upload personal information, pictures, videos or any other media of another person without their express permission;
(e) Delete or revise any material posted by any other person or entity;
(f) that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
(g) that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
(h) that in any way harm minors;
(i) that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Innoplexus AG
(j) that misrepresent your affiliation with any entity and/or Innoplexus AG;
(k) that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
Inoplexus AG expressly disclaims responsibility for and liabilities resulting from, any information or communications from and between users of the Innoplexus AG discussion board and reserves the right to review, remove or edit a post containing offensive material as defined by Innoplexus AG. Similarly, posts that contain any graphic files will be removed immediately upon notice.
12. LIMITATIONS OF LIABILITY
Downloading, installing and using the App is at your own risk. Both the Company 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 fulfillment is necessary to achieve the objective of the contract. 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 favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
13. NO LIABILITY FOR CONTENTS
In order to provide you with access to a comprehensive database, the Company’s technology analyzes third-party information found on the Internet and makes it available within the App.
The Company 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.
14. 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 as a customer, remain unaffected by this.
15. MODIFICATIONS
The Company may from time to time amend these Terms and Conditions at its own discretion. In such a case, the Company will send a notification in the App, by email or by another means by which the Company 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.
You agree that all modifications to this Terms are in full force and effect immediately upon notification and posting on the App and that modification will replace any prior version of this Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Terms.
To the extent that any part of this Terms is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Terms shall be considered enforceable and valid to the fullest extent.
You agree that Your continued use of the App after any modifications to this Terms is a manifestation of Your continued Assent to this Terms.
16. ENTIRETY OF THE TERMS
The legal relationship between the Parties is conclusively regulated by the above Terms.
This Terms supersedes and replaces all prior or contemporaneous Terms or understandings, written or oral, regarding the use of this App.
17. COMMUNICATION
For any questions or concerns, please email Us at the following address: compliance@innoplexus.com