Terms and Conditions

General Terms and Conditions of Use of PID GENIUS

released on 7 November 2017

 

Art. 1 – Whereas

1.1. These General Terms and Conditions of Use (hereinafter “T&C”) between IPOPI – International Patient Organisation for Primary Immunodeficiencies, based in Rocky Bottom, Trerieve, Downderry PL11 3LY United Kingdom, UK Charity n. 1058005 (hereinafter “IPOPI”) and the User (hereinafter “USER”) govern the use of the PID GENIUS Application (hereinafter “PID GENIUS” or “App” or “Software”).

1.2. Before using PID GENIUS, the USER must read carefully and accept these T&C and the App Privacy Policy. By using the App, the USER declares to have read and accepted these T&C and the App Privacy Policy.

 

Art. 2 – Purpose and description of services

2.1. PID GENIUS allows the USER to manage and monitor its general health status, its pharmacological therapies and any related problems.

2.2. The main components of the solution consist of a set of cloud services, reserved and directly and freely available from the USER, accessible through the mobile Application (smartphone and tablet). Its main functions are described as follows:

  • Creation of a personal profile by the USER, including the USER’s personal data;
  • Programming, management and creation of a history of therapies and Appointments and related alert system, creation of a history of hospitalizations;
  • Archiving and consultation of medical records, with alert system;
  • Monitoring system of the therapeutic adhesion and health status of the USER, by means of:
  1. Analysis of the data obtained through the use by the USER of the App; and
  2. statistical informative reports, generated automatically by the system and customizable on the basis of the specific requests of the USER;
  • Management of drug treatments.

2.3. The USER undertakes to use the App and all the functions described above in accordance with these T&C. In particular, IPOPI invites the USER to carefully read Section 7 (“Instructions for Use”).

 

Art. 3 – General Rules

3.1. The access to and use of PID GENIUS, including all services that can be used independently by the USER through downloading the App installed on a mobile device, are intended for personal use only and are governed by these T&C. Therefore, the USER is not permitted to use PID GENIUS, the contents made available therein and the services available in it for purposes other than personal purposes.

3.2. USER is solely responsible for accessing and using PID GENIUS, its contents and the information contained therein. IPOPI, therefore, shall not be held liable in any way for any use other than in compliance with the present T&C or the laws in force.

3.3. The USER declares to be aware that the use of PID GENIUS is also dependent on external factors unrelated to IPOPI (such as but not limited to availability of a network connection) and, therefore, IPOPI shall not in any way be held responsible for any inconvenience, delay and/or malfunction related to PID GENIUS and the services implemented on it.

3.4. In the Application software for mobile devices is present a section “About us” through which the USER will be able to access to find IPOPI contacts and/or request information about the PID GENIUS product and anything else necessary on the services. In this regard, IPOPI ensures maximum transparency towards the USER with respect to the purposes of use decided by the USER.

3.5. For any legal information, the USER is invited to view the “Legal notes” section directly accessible through the mobile Application software

3.6. By using PID GENIUS, the USER fully accepts these T&C, which may be updated in whole and/or in part by IPOPI, which reserves to itself the right to add, modify and/or delete, in whole or in part, these T&C, without any notice to the USER. By continuing using the App after any new release, the USER acknowledges and accepts the new T&C. In case of non-acceptance of the new release of the T&C, the USER acknowledges and accepts that it cannot continue using PID GENIUS and must delete it from its device(s). The data inserted in the App by the USER can be cancelled at any time by the USER using the specific App’s function. However, the USER declares to be aware and accepts that in order to use and/or keep using the APP and its functionalities, it is necessary to insert its data.

3.7. Consent to the processing of USER’s health data is freely given, and can be revoked/cancelled at any time by the USER using the specific App’s function. However, the USER declares to be aware and accepts that in order to use and/or keep using the APP and its functionalities, it is necessary to consent to the processing of its health data. 3.8. In the event that the USER cancels the App from its device(s) and/or revoke the consent to the processing of its health data, the USER hereby grants to IPOPI the possibility to keep and use the data collected and processed by PID GENIUS anonymously, i. e. in such a way that it cannot be referred to the data subject to whom they belong, even through the use of IT procedures. In any case, the USER shall indemnify and hold IPOPI harmless from any liability and claim also from third parties with respect to such anonymization, which is a direct consequence of the cancellation and/or revocation procedure activated and advanced by the USER.

 

Art. 4 – Access to PID GENIUS services and software

4.1. The USER will be able to access the PID GENIUS Software by logging in through the App downloaded free of charge from the Google Play Store and/or Apple Store platforms. Access to the Services and Software is subject to USER authentication, in order to guarantee a personalized service. Authentication is achieved by using an e-mail and password provided during registration.

4.2. The registration of a new USER can be done with the App. To do so, the new USER is asked to provide the information necessary for authentication (e-mail and password) and certain personal information, such as, for example, but not limited to, name, surname, sex, date of birth. At the end of the registration process, an automatic e-mail will be sent to the email address informing of the subscription to the App and an account will be created for the USER containing all the information entered and uniquely identified within the Software through such email address.

4.3. By registering and creating an account, the USER undertakes to:

  1. Keep confidential his/her access credentials, consisting of passwords and emails, noting that the access credentials are strictly personal, assuming the commitment to keep them diligently, preventing unauthorized third parties from using them;
  2. Do not allow others to use the account and/or the account credentials. In the event that the USER discovers unauthorized access by third parties, the USER shall promptly notify IPOPI of any fact that makes the access credentials available to third parties and/or any breach of security; and
  3. Do not market, sell, or transfer PID GENIUS to third parties.

4.4. The USER is solely responsible for the custody of access codes, without prejudice to IPOPI’s liability for any consequences and/or damages caused by the use of third party access codes and apps.

4.5. The USER takes full responsibility for the truthfulness and correctness of the provided data and to update such data promptly in the event of variations, keeping IPOPI free from any prejudicial consequence resulting from the communication of inaccurate and untruthful data.

4.6. The USER undertakes to communicate to IPOPI any problems related to the activation and regular operation of the account and/or the App, sending a communication by e-mail to the dedicated address pidgenius@ipopi.org.

4.7. The e-mail address provided by the USER will also be used to send any service announcements.

4.8. A PID GENIUS account allows USER to handle one or more clinical records. The USER can freely and autonomously choose which information to enter into records, according to the purpose pursued through the service. Within each record, the USER may store data such as, but not limited to, the following:

  1. Medicines taken by USER on a regular basis;
  2. Medications to be taken on the need;
  3. Feelings and side effects;
  4. Fever;
  5. Personal data as weight and height;
  6. Vaccinations;
  7. Appointments;
  8. Documents.

4.9. The USER can use the Software to enter a wide variety of clinical information into a record. The Software can be used to view, add, edit, and/or delete information from a record at any time and at the sole discretion of the USER.

4.10. IPOPI reserves its right to interrupt the delivery of the Service to carry out technical interventions aimed at improving its operation, without any notice to the USER.

 

Art.5 – Potential users

5.1. The Software is intended to be used by USERS who have reached majority by the applicable law (i.e. at least 18 years old).

 

Art. 6 – Requirements for deployment

6.1. In order to use the App, the USER must have at least one mobile device with performance compatible with the Software itself and data connection.

6.2. PID GENIUS and the connected service are available for free; therefore, additional costs will depend on the telecommunications operator chosen by the USER for connection to the internet and/or mobile service.

6.3. The technical requirements for installation and use of PID GENIUS are listed below:

  • Android application: Android 6.0 and following;
  • IOS application: iOS 10.1 and following.

6.4. The USER acknowledges that the installation and use of the Software on his/her devices is at USER’s sole risk; therefore, the USER holds IPOPI from any liability and/or claim, including any claim advanced by any third party.

 

Art.  7 – Instructions for use

7.1. The use of PID GENIUS and its services is at the sole risk of the USER.

7.2. The USER, also in the name and on behalf of third-parties who may, in any way, have permitted the use of the software and its services, undertakes to use the Software and its services solely for legitimate purposes as permitted by any law from time to time applicable, by uses and customs applicable, by the rules of diligence and in any case, without prejudice to any third party’s right, assuming any responsibility to that effect.

7.3. This Software is an auxiliary tool designed to improve the management of pharmacological treatments decided directly and/or indirectly by USER, but should not be conceived as a primary use tool. Therefore, IPOPI invites the USER to resort to other traditional devices and measures to manage and monitor medicine intake. The normal functionality of the Software depends on many factors, including the proper functioning of the device (e.g. smartphones, tablets) on which the USER proceeds to install PID GENIUS, the operating system of the same device, the simultaneous presence of any other software existing and installed on the device, the internet connection as well as activities, pre-requisites for the proper functioning of PIDGENIUS, outside the exclusive control of IPOPI. The USER is invited to not depend solely on this Health Management Software.

7.4. The app and all its contents do not convey medical information in any way, nor represent advice from medical and/or healthcare professionals and cannot be understood, used, qualified and/or interpreted as substitutes for any type of counselling or medical treatment. Therefore, and in any case where the USER needs to consult a doctor and/or a healthcare professional, the USER is required and invited to contact a medical and/or health professional.

7.5. PID GENIUS is not intended, nor can it be construed and/or interpreted in any way as a tool to solve medical problems and/or health-related emergencies. Therefore, the USER will have to manage the state of health and/or any emergencies by referring exclusively to suitable doctors and/or professionals.

7.6. All information about USER’s person, health status as well as the use of drugs (such as, but not limited to, type, posology, time of taking of the drug) referring to the USER, are entered directly and exclusively by the USER. The USER acknowledges that the correct functioning and use of PID GENIUS, including the notification service for drug management and the generation of information reports, is indispensably dependent on the accuracy, precision and correctness of the information inserted by the USER. Therefore, such use is the sole burden and risk of the USER, and IPOPI declines and recognizes no liability whatsoever.

7.7. Use of the PID GENIUS software and the submission of any personal and/or third-party information, data, health status, and management of the drugs to be taken is solely at risk and under the sole and exclusive responsibility of the USER. IPOPI may not be held liable for any use of the app made by the USER other than that described in these T&C, as well as any and all consequential direct and/or indirect liability that may arise from such use. Therefore, the USER holds IPOPI indefinite from any claims, even by third parties.

 

Art. 8 – Exemption of guarantees and limited liability

8.1. IPOPI provides the Software “as is”; therefore, IPOPI does not provide any warranties of any kind, explicit or implied, in relation to the operation of the software, to the fullest extent permitted by law.

8.2. The USER acknowledges that the installation, maintenance and use of the Software is at his/her own risk and exclusive responsibility. No communication, information or suggestion provided by IPOPI or its representative constitutes and/or shall be intended as a guarantee. Therefore, IPOPI is not liable for any property damage and/or non-pecuniary damage resulting from the use and/or lack of use of the Software.

8.3. IPOPI, through the App, provides the USER with a tool which allow him/her to access to various information including but not limited to, messages, text, graphics, software, photos, videos, data and other material (collectively referred to as “Content”), but in no way such Content shall be qualified and/or interpreted as an official certification on the use and requirements of a medication and/or indication regarding what activities can replace any medical and/or pharmacological advice; therefore the USER is always invited to contact healthcare professional and/or the pharmaceutical industry and/or other suitable professionals. IPOPI does not prescribe or dispense therapies. Information about a drug or reminder notices of this drug cannot be qualified and/or interpreted as a recommendation and/or approval by IPOPI of this drug and/or on the timing and method of taking it, which are independently set by the USER. All content posted by IPOPI and made available to the USER is for information purposes only. The USER is always required and invited to seek advice from his/her doctor or other health practitioner for any personal health and/or medical claim, and in any case before commencing or interrupting any treatment related or linked to the state of health. The USER must never overlook, avoid or delay the submission of a medical advice/visit to his/her doctor or other qualified health care provider because of information received or obtained through the use of the Software. If USER has or suspects to have a health problem, shall contact his/her trusted physician and/or healthcare provider for prompt intervention.

If the USER is incurring a medical emergency, the USER is prompted to immediately call the dedicated emergency number provided in the country where the USER is located. In the case of drug-related problems and the onset of any side effect, it is important that the USER contacts a doctor and / or a healthcare professional and is the exclusive faculty of USER to report it to all possible other interested parties (e.g. the pharmaceutical company, any competent agency according to applicable pharmacovigilance rules and procedures). Therefore, IPOPI disclaims any liability for any inaccuracies and/or timeliness of any Content and may in no way be held liable for the actual and further use made by the USER of the Contents and/or of the Software.

8.4. IPOPI has no obligation to provide technical support for the installation and/or maintenance of the Software. At any time and for any reason, without prior notice or liability, IPOPI may modify or terminate the service or any part of it or impose any restrictions on the use or access to the Software. While taking reasonable steps to keep the Software free of viruses, worms, Trojan horses, or other destructive property code, IPOPI will not be able to guarantee or ensure that the files available for download through the software will be free from such contaminations; IPOPI cannot be in any way held liable for any direct and/or indirect damages arising from the use of the Software.

 

Art. 9 – USER’s responsibilities

9.1. The USER undertakes to use PID GENIUS and the services implemented on it legally, complying with any applicable laws, with the rules of good faith, fairness and diligence and in any case without prejudice to the rights of third parties. It is forbidden to use and enter into the Software any content and/or information that may in any way affect the rights of third parties and/or otherwise be in contravention of this T&C, statutory rules, public order, and good habits.

9.2. The USER by installing and using PID GENIUS, agrees to:

  1. Do not reproduce, duplicate, copy, sell, resell or exploit the Service, its contents, its Software or any part of any of the above elements;
  2. Do not use the Software in violation of statutory and/or third-party rights;
  3. Do not impersonate another individual and/or entity, or otherwise disguise USERS’s affiliation with a person or entity;
  4. Do not enter personal data and/or personal information in violation of any applicable laws on the processing of personal data;
  5. Do not interfere and/or attempt to interfere with the proper functioning of the Software and/or to stop operations and/or violate the security of the Software.

Violation of this provision may entail civil and/or criminal liability and IPOPI will denounce such breaches to the competent Authorities and will disclose the identity of the offender.

9.3. IPOPI does not make any prior control over the use and/or information and/or content entered and uploaded by the USER on the Software and/or through services available through PID GENIUS; as a result, the USER shall waive IPOPI of any liability arising out of the violation of this provision, without prejudice to IPOPI from any damage caused and/or resulting from claims and/or third party’s actions. In such a case, IPOPI may suspend and/or terminate the use of the Software and Services as well as take all the measures, remedies and precautions it deems necessary, including compensation for any damages suffered by IPOPI.

 

Art. 10 – Termination clause

10.1. IPOPI is NOT obliged to and WILL NOT carry out surveillance activities on the use and the information and/or the contents entered and uploaded by the USER, including activities to investigate facts and circumstances and/or activities that are contrary to statutory requirements and/or in violation of third party rights.

10.2. Without prejudice to the right to claim compensation for any damages IPOPI may have suffered, IPOPI will have the right to terminate the Services immediately and without any notice to the USER in the event of serious violations by USER as follows:

  1. In the event of reproduction, duplication, copying, sale and/or exploitation of the Service, its contents, the Software or any part of any of the above elements or;
  2. In the event of use of the Software in violation of this T&C and/or of any applicable law and/or third party’s rights or;
  3. In the event of a violation of IPOPI’s Intellectual Property Rights or;
  4. In the event of the processing of personal data and/or personal information in violation of any applicable data processing legislation or;
  5. In the event of interference and/or attempt to interfere with the proper functioning of the Software and/or interrupt the operations and/or breaches of the Software Security.

10.3. In the event of termination of the Services for any cause, IPOPI will delete any personal data of the USER collected and processed by PID GENIUS. In such cases, the USER hereby grants to IPOPI the possibility to keep and use the data collected and processed by PID GENIUS anonymously, i. e. in such a way that it cannot be referred to the data subject to whom they belong, even through the use of IT procedures. In any case, the USER shall indemnify and hold IPOPI harmless from any liability and claim also from third parties with respect to such anonymization, which is a direct consequence of the termination of the Services.

 

Art. 11 – Intellectual Property Rights

11.1. All rights to the ICT solution covered by these T&C, derivative works, invention and PID GENIUS brand, as well as software, design, content, graphics, interactive features of PID GENIUS and related know-how the ICT solution and the PID GENIUS project, are the sole property of IPOPI, its assignors and/or assignees and are protected under any applicable law in the field of industrial property, intellectual property and copyright, including applicable international conventions.

11.2. These T&C does not constitute a licensing or sale of any trademark, patent, software and/or design, or the transfer of any rights to the exploitation of any intellectual property right held by IPOPI and/or its affiliates.

11.3. The service provided by PID GENIUS is granted to the USER for personal use only. The USER therefore undertakes not to use it except for the purposes expressly provided for in these T&C, not to copy and/or register directly or through third parties, any trademark, patent, design, software and other works identical and/or confusingly similar to the intellectual property right of IPOPI and, in general, to not infringe any intellectual property rights of IPOPI, its assignors and/or assignees.

11.4. The USER also undertakes not to reproduce, copy, market or commercially use the PID GENIUS solution, and not to copy, disassemble, extract the source code and/or any updates to the PID GENIUS solution and/or any component thereof of its updates as well as not altering or creating works derived from the PID GENIUS solution and not transferring, by any means, its contents or the information contained therein to any third party.

11.5. USER warrants that any information and/or data related to the PID GENIUS solution, any commercial or professional information, any idea, project, or invention from it transmitted to IPOPI through the PID GENIUS solution or through other means, including e-mail service, are not of a confidential nature, and that the USER itself has any necessary permissions to disseminate such information and data. In addition, USER grants to IPOPI a free, non-exclusive, global, perpetual and irrevocable license for using, reproducing, developing derivative works, modify, publish, review, translate, distribute the representation and disclosure of the foregoing data, information, ideas, projects and/or inventions through any existing or future means of communication, including the right to grant sublicenses.

11.6. IPOPI reserves the right to pursue, under the terms of applicable law, any use of its intellectual and industrial property and know-how not expressly authorized by these T&C, and, in general, any breach of any obligations assumed by the USER with this section.

 

Art. 12 – Contact details

12.1. In case of inquiry regarding these T&C and/or the Software and/or the Services, the USER can contact IPOPI at pidgenius@ipopi.org.

 

Art. 13 – Miscellaneous

13.1. The invalidity, even if partial, of one or more clauses of this Terms and Conditions shall not entail the invalidity of the whole Terms and Conditions, nor that of the remaining clause being partially invalid.

13.2. Any failure of IPOPI to enforce any of the provisions of this Terms and Conditions or any right or privilege originated there from, or any IPOPI’s waiver of any breach under this Terms and Conditions, shall not be considered as a waiver of such provision or right, nor in any way affect the validity of this Terms and Conditions or of any provision thereof.

13.3. IPOPI processes USER personal data according to the Privacy Policy and to the relevant applicable law for the purposes stated in these T&C, adopting all the security measures required to ensure the confidentiality of the information pertaining to the USER and from those entered and uploaded on the Software. For any inquiry and/or claim regarding data processing, the USER may contact IPOPI at the following address pidgenius@ipopi.org.

13.4. These T&C shall be governed by, and constructed and enforced in accordance with the laws of Italy. Any dispute relating to these T&C shall be submitted to the exclusive jurisdiction of the courts of Milan (Italy).