The following terms and conditions of use (the “Terms”) apply to the use of the K+ application offered for certain mobile telephones or other mobile devices or websites (the “K+ App” and the “Services”, respectively) provided by Medicus AI GmbH with its seat in Vienna and its business address at Lehargasse 11/1/8, 1060 Vienna, Austria, registered with the Austrian Commercial Register (Firmenbuch) under FN 458726y (“Medicus” or “we/us/our”) by all persons (“User”, “Users” or “you/your”).
1.1 Medicus is providing the K+ App as a pregnancy companion app that creatively guides pregnant women through a smoother, healthier and more informed pregnancy. The K+ App provides test result insights, wellbeing tips, catered content, pregnancy calendar (which tests to take and when) and symptom/mood/diet tracking. The K+ App provides support to pregnant woman for every step of the journey, 24 hours a day, 7 days a week, and allows her to collect, access and store all relevant data around her pregnancy in one place. The K+ App provides among others for the following features:
1.2 As part of the “Ask the experts” feature, the use of the K+ App also allows the possibility to submit questions which Medicus in its sole discretion may include in the FAQ part of the Services. Medicus will not respond to any questions directly to the User but will only use questions to generate content for the FAQ. In this context, Medicus explicitly reserves the right to not consider all questions submitted and deeming certain questions inappropriate.
1.3 As part of the “Medical calendar” feature, the K+ app uses US medical guidelines for recommended prenatal checkups only.
1.4 The use of the K+ App is free of charge, however your network or roaming provider’s messaging, data and other rates and fees may apply. Medicus is not responsible for potential fees charged by your network or roaming provider or device.
1.5 The Services are exclusively available to natural, fully legally competent persons. The User alone is responsible for his or her use of the K+ App. The User warrants that he or she will fully comply with these Terms and that he or she will use the K+ App in accordance with these Terms only.
1.6 Medicus is entitled at any time to change the Services, to make new services available and to discontinue the provision of services. Medicus will in each case take into account the Users’ reasonably legitimate interests. Medicus also reserves the right to introduce new or additional features or services of the K+ App which may be for remuneration or to offer in-app purchases.
1.7 The Services may also include services of third parties to which Medicus merely provides access. For the use of such services - which are in each case identified as services of third parties - there may be different or additional regulations that deviate from these Terms.
2.1 Some features of the K+ App may require a prior registration and the creation of an account by entering your e-mail address and creating a password in accordance with the technical requirements for such passwords as indicated in the registration process. On the basis of such registration, an account is created and the contractual relationship (including these Terms) between you and Medicus regarding your use of the Services is concluded. Some features of the K+ App may be accessible without such registration; in such case, the contractual relationship (including these Terms) between you and Medicus regarding your use of the Services is concluded by your use of such Services. Whether or not a feature of the K+ App requires registration can be seen form the respective feature.
2.2 It is your responsibility to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. We reserve the right to take steps to verify the accuracy of information you provide.
2.3 We may suspend or terminate, in appropriate circumstances and in our sole and absolute discretion, accounts of users who breach or do not comply with these Terms or engage in, encourage or advocate for illegal conduct.
2.4 You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services. You agree not to use the account, username or password of any other account holder at any time.
3.1 We reserve the right to change these Terms at any time, even within the existing contractual relationships.
3.2 We reserve the right to change these Terms at any time without indicating the reasons. We will notify the User of the changed Terms on the K+ App. The notification will include a link to the full version of the changed Terms. The User will have the possibility to accept or reject such changes by exercising the respective option contained in the notification. Due to the nature of the provision of the Services to the User and the limited possibilities of communication, Medicus already hereby terminates the Services in case the User objects the changes whereby such termination becomes effective immediately upon the rejection with the consequence that the Services cannot be accessed. We will specifically indicate the consequences of an objection to User in the notification.
4.1 We are the owner or licensee of the Services. This means that any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights relating to these (such as copyright), as well as the source and object code of the Services (such as our mobile applications) and the format, directories, queries, algorithms, structure and organization of these, belong to or are licensed to Medicus.
4.2 If we grant you access to any part of the Services you acknowledge that: (i) all intellectual property rights in the Services belong to us or our licensors; (ii) rights in the Services are licensed to you and that such license is not exclusive, not transferrable and not sub-licensable; and (iii) you have no rights in, or to, the Services other than the right to use each of them in accordance with the provisions of these Terms. Any use of the Services is only for your personal, non-commercial use during the duration of the contract between us.
4.3 It is not admissible to (i) circumvent or disable any content protection system or digital rights management technology used with the Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce the Services, except as is permitted by mandatory legal provisions; (iii) remove, modify or obscure identification, copyright or other proprietary notices in or on the Services; (iv) access or use the Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit the Services (in whole or in part); (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Services; (vii) access, monitor, or copy any element of the Services using a robot, spider, scraper or other automated means or manual process; (viii) sell, resell, or make commercial use of the Services; or (ix) violate these Terms or any law in respect of your access and/or use of the Services.
5.1 Within the framework of the K+ App, information and contents are provided which are compiled to the best of our knowledge and belief and with the greatest care from internal and external sources. Nevertheless, it is expressly pointed out that the K+ App is intended solely for information and awareness raising purposes but cannot replace consultation and diagnosis by a doctor. K+ App is not a medical device and is not intended to (i) detect, prevent, monitor, treat or alleviate disease (ii) detect, monitor, treat, alleviate or compensate for injury or disability (iii) examine, modify or replace the anatomical structure or physiological processes or (iv) control conception. In particular, the K+ App does not support the decision on therapeutic measures, the calculation of drug doses or the monitoring of a patient (e.g. by recording measured values if the results influence diagnosis or therapy). The use of the K+ App does not replace medical treatment and does not constitute a recommendation to buy or use drugs, diagnostic or treatment methods. If you are feeling ill, please seek medical help immediately. The contents of the K+ App must not be interpreted as advice or recommendation and must not be used as a basis for decisions or actions of any kind. It is important that you only rely on the advice of a qualified doctor for advice on your specific situation.
5.2 The Services are provided on an “as is” basis. As far as permitted by applicable law, Medicus excludes any warranties in this context.
5.3 Medicus does not warrant permanent access to the Services. When the Services require mandatory maintenance, when the security of the Services (in particular data security) so requires or when Medicus is exposed to events which Medicus cannot influence (e.g. defects, limited availability or failure of telecommunications networks, data transmission by third parties, energy supply as well as natural or other disasters, shutdown orders from supervisory authorities not caused by Medicus and similar events), Medicus is entitled to partially or completely discontinue the availability of the Services. When you access the Services through a mobile network, not all Services may work with your network provider or device.
5.4 Any liability of Medicus shall be excluded to the greatest extent permitted by law. Medicus shall only be liable for a damage to the extent that the damage was caused by Medicus’ gross negligence or willful intent. Liability for slight negligence is excluded, except in the case of personal injury.
6.1 You must only use the Services for lawful purposes, and you must not use them in a way that infringes the rights of any third party. In using the Services, you agree that you will not do any of the following without our prior written consent:
(a) copy, reproduce, or improperly use or access any content of the Services;
(b) modify, distribute, or re-post the Services or any content thereof for any purpose;
(c) use the Services for any commercial exploitation whatsoever;
(d) disrupt or interfere with the security of, or otherwise abuse, the Services or any system resources, accounts, servers, or networks connected to or accessible through the Services or affiliated or linked sites;
(e) access content, data or portions of the Services which are not intended for you, or log onto a server or account that you are not authorized to access;
(f) attempt to probe, scan, or test the vulnerability of the Services, including applications, or any associated system or network, or breach security or authentication measures without proper authorization;
(g) access the Services any automated means, such as “robots,” “spiders,” or “offline readers”;
(h) interfere or attempt to interfere with the use of the Services or applications by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(i) use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the Services;
(j) harass, “stalk”, disrupt or interfere with any other user's use of the Services or affiliated or linked sites;
(k) upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive, or destructive files;
(l) use, frame, or utilize framing techniques to enclose any Medicus trademark, logo, or other proprietary information;
(m) use meta tags or any other "hidden text" utilizing the name Medicus or a Medicus trademark;
(n) deep link to the Services;
(o) create or use a false identity on the Service, share account or access information, or allow any person besides yourself to use the Services;
(p) harvest or otherwise collect information about Medicus users; and
(q) download, “rip,” or otherwise attempt to obtain unauthorized access to the Services.
6.2 In case the Services require the creation of accounts, you will provide and maintain accurate, current and complete information. Medicus reserves the right to take steps to verify the accuracy of information provided.
6.3 You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person. You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
6.4 In case the Services allow to communicate, submit, upload or otherwise make available information or messages, you may not submit or upload any information or messages that could be considered to be or is illegal, infringing, false, defamatory, threatening, violent, vulgar, obscene, or otherwise offensive or that harms or can reasonably be expected to harm any third person. Medicus reserves the right to remove such information or messages in whole or in part. User will defend, hold harmless and indemnify Medicus, its directors, representatives, employees, agents and advisors and keep them indemnified against any and all losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, obligations, demands and liabilities which may be brought against Medicus by any third party for anything done or omitted in connection with (i) the User’s use of the K+ App, including uploading of information or messages, (ii) the User’s violation of these Terms and (iii) the exercise or purported exercise of Medicus’ rights hereunder.
6.5 Medicus is entitled in its sole discretion to suspend access to the Services, your account or terminate the contractual relationship with you in case of a breach of your compliance with these Terms.
7.1 Unless expressly agreed otherwise, the contract between us and you is concluded for an indefinite period of time and may be terminated in writing by either party subject to a two weeks’ notice.
7.2 For cause, the contract may be terminated in writing by either party at any time with immediate effect.
8.1 These Terms are governed by and shall be construed in accordance with the laws of Austria without regard to the UN Sales Convention and/or any conflict of law rules under Austrian private international law.
8.2 The Parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms. All disputes, controversies or claims arising out of or in connection with these Terms, which cannot be amicably resolved, shall be exclusively decided either by the competent court for the first district of Vienna. For consumers who have their domicile or habitual residence in Austria or are employed in Austria, the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction.
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/.
10.1 No variation of these Terms shall be valid unless confirmed by Medicus in writing.
10.2 The failure to exercise or any delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
10.3 If any provision of the Terms is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but without such invalidating any of the remaining provisions of the Terms. The invalid or unenforceable provisions shall be deemed replaced by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
10.4 The headings used in these Terms are for purposes of ease of reference only and in no event or respect shall the substance of any provision in these Terms be interpreted or controlled by any such headings.
10.5 These Terms constitute the entire agreement between the Parties and supersede any previous agreements between the Parties relating to the subject matter of these Terms.
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