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EULA – APECS

 

End User License Agreement

This version is current as of 11 Feb, 2023.

This End User License Agreement (“Agreement”) is between (a) Saneftec SAS (“Saneftec”) and (b) you (either a single natural person or a single juridical person), and governs your use of the application APECS (the “App”), which includes the application, any update/upgrade to it, as well all of the information, notes, and other health-related materials and questions made available via the application.  

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN SANEFTEC AND YOU. IF YOU DO NOT AGREE TO ALL TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS, OR INSTALL, OR USE THE APP, OR USE ANY OF THE MATERIALS AVAILABLE ON THE APP.

1. Licensing of Use

Saneftec hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use a single copy of the App on a single device (or multiple devices if the App is licensed for use on multiple devices), and to use the App on such device strictly in in accordance with terms of this Agreement (and in accordance with any applicable terms of any relevant third party) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

2. License restrictions

The App is licensed, not sold, to you by Saneftec. Saneftec retains all ownership and proprietary rights, including any copyright, patent, trade secret, trademark and other intellectual property rights, of the App. Furthermore, you acknowledge and agree that the source and object code of the App and the format, directories, queries, algorithms, structure and organization of the App are the intellectual property and proprietary and confidential information of Saneftec. You agree to refrain from any action that would diminish such rights or would call them into question. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.

You may not, directly or indirectly, in whole or in part:

  1. copy or store the App other than for your use as permitted by these terms;
  2. attempt, cause or permit any reverse engineering, decompilation, modification, translation, disassembly of the App;
  3. remove or change any content of the App, or attempt to circumvent security or interfere with the proper working of the App;
  4. sell, rent, sublicense, distribute, publish, assign or otherwise transfer any rights in the App without Saneftec’s prior written consent;
  5. install, use or permit the App to exist on more devices than intended through the license at any time time;
  6. modify the App, or create derivative works based upon the App;
  7. use the App in any unlawful manner or for any unlawful purpose, violate any applicable laws, rules or regulations;
  8. remove or destroy any copyright notices or other proprietary markings on the App;
  9. do anything which adversely affects Saneftec’s right, title or interest in or to the App.
  10. use the App in a way that might damage Saneftec’s name or reputation;
  11. otherwise do anything that it is not expressly permitted by the terms of this Agreement.

 

3. Access to the App

    1. The App is intended for use only by persons who are of the legal age of majority in their country, state, province jurisdiction of residence. By using the App, you confirm to Saneftec that you meet this requirement and that, if you are under the age of majority, you have received permission from your parent or legal guardian before using the App.
    2. The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed. You are responsible for ensuring that you have a compatible device which meets all the necessary technical specifications to enable you to access, install, and use the App.
    3. You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this Agreement, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
    4. You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.
    5. Saneftec has the right to restrict access to certain features, functions or content of, or services accessible through, the App.

 

4. Termination of Use

The term of this Agreement and the licenses granted hereunder continues until this Agreement is terminated as set forth herein.

Failure to comply with any of the terms, limitations, restrictions or other requirements described in this Agreement (or other breach of the license herein) will result in automatic termination of this Agreement. Saneftec may terminate this Agreement and the licenses granted hereunder for any or no explanation.  

Upon termination of this Agreement, you shall cease using and shall destroy the App and all copies thereof including any updates or upgrades, and Saneftec reserves the right to demand a written verification of such destruction. 

Termination of any license will not affect your obligation to pay for licenses granted or support provided prior to the termination, which amounts shall immediately be payable at the date of termination. In case of violation of the restriction of use, the termination of this Agreement will not affect your obligation to compensate Saneftec for any harm and damages done for actions and results of your breach of the Agreement. 

5. No Provision of Medical Care.  

All content Saneftec provides through the App, including information and all other text, graphics, images, and other content, is provided for informational purposes only.  Saneftec provides tools and information that are intended to help you participate with your wellness or healthcare professional in the management of your wellbeing and health care. You acknowledge being informed that the purpose of the app is to help maintain and encourage a healthy lifestyle, and that the tools and information Saneftec provides are not intended to be or to substitute professional medical advice, treatment, or prevention of any health conditions, and you should not rely on them as such.  You should always seek the advice of medical professionals or other qualified healthcare providers if you have questions about the information you receive from the App.  

Saneftec is not affiliated to, nor is Saneftec an agent of, your physicians or other health professional and is not liable for any advice given to you by your doctor or other medical advisers or third parties.

 

6. How the Information from this App Should be Used.  

You should never disregard professional medical advice or delay seeking professional medical advice, diagnosis, or treatment based on anything you read or obtain through the App.  You should consult your doctor or other qualified healthcare professional if you have any questions about a medical condition, and before taking any drug, changing your diet, or commencing or discontinuing any course of medical or other health care treatment.  Do not ignore or delay obtaining professional medical advice because of any information or other content you obtain from the App.  You acknowledge that any reliance on the App will be at your own risk. 

 

7. Accuracy, Completeness, Timeliness.  

Saneftec believes the information provided through the App to be accurate at the time it is first posted.  However, given the complexity of health care conditions and the specific health, history, needs, and circumstances of each individual, Saneftec cannot provide information that covers all possible cases, uses, directions, precautions, treatment interactions, adverse effects, or other matters that may be relevant to you or your particular health condition.  The use of any content Saneftec provides is at your own risk.  

 

You acknowledge that Saneftec shall not be liable for your reliance on information, obtained through imprecise, incorrect or incomplete use or interpretation of the App. You further acknowledge that Saneftec has informed you about the limitation of the photogrammetric method of analysis, and urged you to seek the advice of medical professionals or other qualified healthcare providers.

 

8. Limitation of Liability

In no event shall Saneftec be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, goodwill, reputation, business interruption, loss of business information, loss of data, or other such pecuniary loss), whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if Saneftec has been advised of the possibility of such damages. Saneftec disclaims any liability for any physical damages, death or bodily injury of any person caused by use of information provided by the app. Some jurisdictions do not allow the exclusion of or limitation or exclusion of certain types of warranties, damages, or liabilities, so the above exclusion and limitations may not apply to you, but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

9. Disclaimers of Warranties

Without limiting the foregoing, you acknowledge that the app is provided “AS IS,” and Saneftec disclaims any and all other warranties, whether express, implied, or statutory including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third party rights, to the fullest extent authorized by law. Without limiting the generality of the foregoing, Saneftec expressly disclaims all warranties of any kind for the third party software, and does not warrant that the app will meet your requirements or that operation of the app will be uninterrupted, timely, secure, or error free, that defects or errors in the app will be corrected or that the  app will be compatible with future Saneftec’s products, or that any information or data stored or transmitted through the app will not be lost, corrupted or destroyed. You assume responsibility for selecting the app to achieve your intended results, and for the results obtained from your use of the  app. you shall bear the entire risk as to the quality and the performance of the  app. No oral or written information or advice given by Saneftec or Saneftec’s authorized representatives  regarding the use and functioning of the app shall create a warranty or other obligations on behalf of Saneftec. Some jurisdictions do not allow the exclusion of or limitation or exclusion of certain types of warranties, damages, or liabilities, so the above exclusion and limitations may not apply to you, but in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

10. Intellectual property and Copyright Infringement

Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark or other intellectual property rights, in and to the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), are and will at all times remain the property of Saneftec and/or respective licensors, and are protected under intellectual property laws and international treaties. 

Nothing in these terms gives you any rights in respect of any intellectual property owned by Saneftec and you acknowledge that you do not acquire any ownership rights by downloading or using the App or any content from the App.

 

You agree to indemnify and hold Saneftec and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.

 

11. Technical Support and Updates.  

Saneftec may, but is not obligated to, provide maintenance or other technical support for the App. Saneftec may make changes to the App at any time without notice, including without limitation by disabling certain features or functionalities in the App.  Nothing in this Agreement obligates Saneftec to support or provide you with any updates or error corrections to the App.

 

12. Third-Party Application and Services.  

The App may provide use third-party services, websites, applications, software, information and other content from third-party providers, fully or partially integrated in the App, (hereafter called “Third-Party Services”). The App may allow you to add/configure certain Third-Party Services to your device. Saneftec has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Saneftec is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

 

13. Modifications to this Agreement.  

Saneftec reserves the right to update or modify the terms of this Agreement at any time, with any such changes to be effective prospectively. Saneftec will announce the change in the App via a hyperlink or other reasonable means. Your continued use of the App after any such modification will constitute your acceptance of such modification. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of the App. 

 

14. Compliance with Laws.  

You shall only use the App in a manner that complies with all applicable laws in the jurisdictions in which you use the App.

 15. General Terms.  

    1. Feedback. If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Saneftec (“Feedback”), regardless of any accompanying communication, Saneftec has no obligation to review, consider, or implement your Feedback, all such submissions are made on a non-confidential basis, Saneftec has an unconditional and unlimited right to use, reproduce, modify, and disclose such Feedback without any compensation or attribution.
    2. Governing Law and Jurisdiction. This  Agreement  will  be  governed  by  the  laws  of France,  excluding  its  conflict  of  law  rules  and  the  UN Convention  for  the  International  Sale of  Goods  (CISG).  Any  dispute  regarding  this  Agreement,  or  disputes  arising  from  this Agreement, shall be subject to the exclusive jurisdiction of the court located within Grenoble, France
    3. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Agreement.
    4. Survival. Articles 4, 8, 9, 10 and 15 of this Agreement shall survive the termination or expiration of this Agreement, regardless of the cause for termination or expiration, and shall remain valid and binding indefinitely.
    5. Headings. The Article headings contained in this Agreement are included for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
    6. No Waiver. Any failure by Saneftec or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Saneftec’s or the applicable third party beneficiary’s right to do so.
    7. To the fullest extent permitted by applicable law, you agree to indemnify and hold Saneftec harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any user generated content; (3) any activity in which you engage on or through the App; (4) your violation of any laws, regulations or third party rights; (5) and your negligent act, omission or willful misconduct.
    8. Injunctive Relief. You acknowledge that the App comprises unique, confidential and valuable assets and trade secrets of Saneftec, and Saneftec shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of this Agreement or Saneftec’s rights in the App, including, without limitation, injunctive relief.
    9. Taxes. You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Saneftec. You shall reimburse Saneftec for the amount of any such taxes or duties paid or incurred directly by Saneftec as a result of this transaction, and you agree that Saneftec may charge any such reimbursable taxes to the payment instrument you used for your initial payment.
    10. This Agreement is the complete agreement between Saneftec and you concerning the App, and supersedes any and all prior agreements and representations between Saneftec and you related to the same subject matter.
    11. Transmissions. The App has features designed to communicate via the Internet and over Wi-Fi networks, and you are authorized to use the App with such technologies.  You acknowledge that transmitting data via the Internet or over any Wi-Fi network is not 100% secure or free from risk of compromise.
    12. Privacy. Saneftec may use certain information collected through the App as set forth in our Privacy Policy (available at www.newbodytechnology.com), which is incorporated by reference to this Agreement. 
    13. No partnership or Agency. Nothing in this Agreement is intending to create a partnership between the parties, or authorize either party to act as agent for the other. Neither party shall have the authority to act in the name or on behalf of the other in any way.
    14. All notices given by you to us must be given in writing to the address set out at the end of these terms.
    15. Contact Information. You may contact Saneftec for more information about the App, other Saneftec products and services by sending a mail to Saneftec SAS, 93 Cours Berriat, 38000, Grenoble France; or at info@saneftec.com