USER AGREEMENT
for the use of the EpiTapp app for Android and Apple iOS mobile operating systems

 

This User Agreement (hereinafter referred to as the “Agreement”) governs the relation between Narodova Ekaterina Andreevna, Individual Entrepreneur, (hereinafter the “Company”), and a capable person duly acceded to this Agreement to obtain the right to use the EpiTapp mobile application (hereinafter the “User”).

1. GENERAL PROVISIONS
   1. Mobile application (further as the Application) is software which available to the User through the Google Play Store and Apple App Store in full compliance with the Agreement. The application is an information application developed for mobile devices running Android and Apple iOS operating systems. The intellectual property rights to the Application and its elements belong to the Company.
   2. The Application installation on the End User’s mobile device signified an acceptance and confirmation of the End User’s consent to the terms of this Agreement. By accessing, using and/or performing any other actions in the Application means the User indicates the acceptance and compliance with the terms of this Agreement.
   3. The terms of this Agreement, according to paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), is a public offer to enter into a contract of adhesion with the Company following Article 428 of the Civil Code of the Russian Federation, under which the Company provides the User with free access to the Application under the terms of this Agreement.
   4. Appeals, suggestions and complaints of individuals and legal entities to the Company, related to the content and functioning of the Application, violation of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as for requests of persons authorized by the legislation of the Russian Federation may be sent to the e-mail address: epiteping@gmail.com.
   5. By accepting the terms of this Agreement, the User confirms the own legal capacity and the accuracy of the data provided and assumes all responsibility for its accuracy, completeness and reliability.
2. SUBJECT OF THE AGREEMENT
   1. The Company grants users of the App, free of charge, the right to use the functionality on the App to stop focal seizures and/or bilateral tonic-clonic seizures at their focal onset for personal, non-commercial use.
   2. THE COMPANY IS NOT A LICENSED MEDICAL SERVICE PROVIDER. THIS APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS, TREATMENT OR CARE FOR ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT A LICENSED MEDICAL PRACTITIONER OR OTHER QUALIFIED MEDICAL SERVICE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTION THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911 (112 FOR USERS FROM RUSSIA) OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
   3. This Agreement shall apply to all the existing (actually functioning) services of the Application and any subsequent modifications and additional services that appear in the future.
   4. To use the Application, the User shall be connected to the Internet. The Company is not responsible for the possible adverse consequences for the User caused by the inability to connect to the Internet.
   5. The User can use an unlimited number of copies of the EpiTapp Application taking into account it is not allowed to use several versions of EpiTapp Application registered to one mobile phone number on one device;
   6. Other ways of using the EpiTapp Application not specified in this Agreement are prohibited. In particular, the User shall not:
      • sub-license, sell, assign, lend and rent, distribute, transfer or otherwise grant the rights to use the EpiTapp Application to third parties;
      • modify, enhance, translate, decompile, disassemble, decode, emulate, restore the source code of the EpiTapp Application or any parts thereof;
      • use EpiTapp as part of commercial products to offer commercial products or services to third parties or for other commercial purposes;
      • use the EpiTapp Application to infringe the rights of third parties or for purposes that are contrary to applicable laws.
3. WARRANTIES AND RESPONSIBILITY OF THE PARTIES
   1. The use of the EpiTapp Application on terms other than those described in this Agreement is not permitted.
   2. The User shall be responsible for any action of posting any Content and other information on the Application, for transmitting or communicating such information or Content to other Users and other persons, and any interaction with other persons/Users within the Application.
   3. Third parties may be engaged for the performance of this Agreement. The User acknowledges that such third parties are granted the same rights as the rights holder for the Application.
   4. The User guarantees that they shall not take any actions aimed at causing damage to the rights holder for the Application, the Company, the mobile network operators, right holders and other persons.
   5. In case of violation of the rules for using the Application, the User undertakes to compensate the Company for the damage caused by such actions.
   6. Unless proven otherwise by the User, any actions performed using his login and password shall be deemed to have been performed by the relevant User. In case of unauthorised access to the login and password of the User, the User shall immediately notify the Company of this in the prescribed manner.
   7. Recognising the international nature of the Internet, the User assumes responsibility for complying with all the relevant rules and laws concerning the User’s activities on the Internet.
   8. The Company shall not be liable for any errors, omissions, interruptions, deletions, defects, delays in processing or dissemination, failure of communication lines, theft, destruction or unauthorised access to User Content posted on the Application or elsewhere.
   9. The Company shall not be liable for any technical failures or other problems with any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of email services or scripts because of technical reasons.
   10. The Company shall not be liable for any damage to mobile devices, any other hardware or software caused by or related to downloading materials from the Application or the links posted in the Application.
   11. The Company shall not be liable for the viruses in the Application and the possible consequences of the infection of the User’s mobile device with viruses or other malicious software installed on the User’s mobile device. The Company provides the Application to the User “as is” without any additional warranty.
   12. The User’s sole responsibility is to take all reasonable steps to ensure that no unauthorised person has access to your passwords or Account on the Application. You are personally responsible for (1) monitoring the access and use of your Account, username and passwords; (2) allowing access to, monitoring and managing your Account and password; and (3) informing the Company on time if you believe that your Account has been compromised or need to deactivate your password for any other reason. You can contact us at epiteping@gmail.com. You grant the Company and any other person or entity engaged by the Company to operate the Application the right to transmit, monitor, retrieve, store and use your information in the operation of the Application. The Company cannot and shall not be liable in any way for any information you provide or information transmitted or received using the Application that you or third parties use or misuse.
   13. The Company shall not be indemnified or liable for any losses, including loss of profits, moral or other harm caused to the User or third parties as a result of their use of the Application, the content of the Application or other material accessed through the Application or in connection with the operation of the Application, or in all other cases as specified in this Agreement.
   14. The Company does not guarantee that the Application and its individual elements are error-free and will function in accordance with the User’s expectations. The presence of errors or defects in the Application, which among other things, leads to the inability of the Application to function on the User’s mobile device, shall not constitute grounds for the exchange, return or repair of such mobile device.
   15. Under no circumstances shall the Company be liable to the User for aggravation of chronic diseases, emergence of acute, life-threatening conditions, worsening clinical condition of the underlying disease in the form of increased frequency, severity and/or changing nature of epileptic seizures, damages, including any direct, indirect, intentional, incidental or consequential damages of any nature arising from this Agreement or from the use or inability to use the EpiTapp Application (including, but not limited to, damages resulting from loss of goodwill, business interruption, technical failure, accident or malfunction, or any commercial losses, costs or expenses, and lost profits or unjust enrichment) even if the Company knew or should have known of the possibility of such damages or the User was advised of the possibility of such damages.
4. ADDITIONAL TERMS
   1. In case the use of EpiTapp Application is considered by the national legislation of the User as a prohibited activity or an activity that requires obtaining special permits, submitting notifications and so on, the User undertakes to refuse the use of the respective features of EpiTapp Application or EpiTapp Application in general and is responsible for the failure to comply with this condition.
   2. The User is hereby notified of and agrees to the following:
      1. the security and confidentiality of the data processed on the Device are ensured directly by the User. The User understands and accepts the risks associated with the dissemination of personal data and other confidential information using the Internet;
      2. when changing the User on the Device that is registered when installing the EpiTapp Application, it is necessary to register the EpiTapp Application on the Device;
      3. the Company has the right to set limits and restrictions on the use of EpiTapp and may change them at its discretion, without prior notice to User;
      4. To implement its full functionality, EpiTapp may access the cameras of the Device to obtain and use photo images within the services implemented in EpiTapp, including for creating and saving photo images in the user profile in EpiTapp, getting photo images of medical documentation, for use for consulting support for the User.
      5. The Company shall use partner services to provide the necessary functionality of the EpiTapp Application based on agreements concluded with the Company’s partners.
      6. All external software, except as specified in cl. 4.2.4, is provided under the terms of this Agreement;
      7. The use of EpiTapp and data dissemination is possible with Internet access and operation without the Internet with the possibility of delayed sending of data for processing. For the efficient and uninterrupted operation of the EpiTapp Application, the User should, if possible, ensure proper quality access to the Internet on their Device.
5. CONFIDENTIALITY
   1. To use the Application, you may need to create or update an account (“Account”) and be prompted for a username. You will not need to provide any personal information.

      To create an account and gain access to the Application, you must be at least 13 years old (or 16 years old in EU countries), and you must not be prohibited from using the App by applicable law.

      If you are under 18 years of age, your legal representative should review and accept the terms of this Agreement. By using this App, you confirm that your legal representative has read and accepted this Agreement. In our sole discretion, we reserve the right to restrict users under the age of 18 from accessing certain content on the App.

   2. If you submit a question or answer, you are solely responsible for your communications, the consequences of posting those communications, and your use of any communications shared on the App. The Company and its licensors are not responsible for the consequences of any communications in the public space in the Application. In cases where you feel threatened or believe that someone else is in danger, you should immediately contact local law enforcement authorities. If you think you require emergency medical assistance, call your doctor or 911 (112 for Users from Russia) immediately.

      By using the Application, you agree not to use it for any purpose prohibited by this Agreement. You are responsible for all of your activities on the Application, and you must comply with all local, state, national and international laws and regulations and any applicable regulations. You agree that if you do any of the following, you will be in material breach of this Agreement, and you agree that you WILL NOT:

      • resell, rent, lease, loan, sublicense, distribute or otherwise transfer the rights to the Application in any way;
      • modify, reverse engineer, decompile or disassemble the Application;
      • copy, borrow, modify, translate or create derivative works without the written permission of the Company;
      • allow others to use the Application, including but not limited to through shared use over a network connection, except under the terms of this Agreement;
      • bypass or disable any technological features or measures in the Application to protect intellectual property rights;
      • use the Application in conjunction with any device, programme or service to circumvent technological measures used to control access or rights in content files or other subject matter protected by the laws of any jurisdiction;
      • use or access the Application to collect data in a manner that is or may be used by a competing product or service;
      • use your Account to advertise, receive or transmit any advertising, including chain letters, spam or repetitive messages;
      • use your Account to commit any unlawful activity;
      • upload for dissemination any messages that violate the rights of any party;
      • upload any material that contains hate speech, abuse, offensive images or obscene conduct, pornography, sexual content or any material that may give rise to civil or criminal liability under any applicable law or regulation, or that may otherwise violate this Agreement or the Company’s Privacy Policy;
      • upload any material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this site.

      Any breach of these rules will immediately terminate your licence to use the Application.

   3. We grant you a personal, non-limited, revocable, non-transferable and non-exclusive licence to access and use the Application for private and non-commercial purposes in accordance with the terms of this Agreement.

      All rights, titles and legitimate interests not expressly granted in this Agreement belong to the Company. If you wish to use the Company software, name, trade name, trademark, service mark, logo, domain name and/or any other brand identity or other content owned by the Company, you must obtain written permission. Requests for permission can be sent to epiteping@gmail.com.

      For the avoidance of doubt, Company owns all text, images, photographs, audio, video, location data and all other data or information that Company creates and provides in connection with the Application, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content and compilation of aggregate user feedback and any other elements and components of the Application, except for User Content as defined in this Agreement. Except as expressly and unambiguously provided in this Agreement, we do not grant you any express or implied rights, and all rights in the Application and Company Content are reserved.

6. FINAL PROVISIONS
   1. The Agreement shall apply to all future updates/new versions of EpiTapp. By agreeing to install the update/new version of the EpiTapp Application, the User accepts the terms of the Agreement for the relevant updates/new versions of EpiTapp Application, unless a separate license agreement accompanies the update/new version of EpiTapp Application.
   2. The Agreement may be modified by the Company unilaterally. The User shall be notified of the changes in terms of the Agreement in the new version of the EpiTapp Application and/or on the Official Website. The said changes shall come into force from the date of their publication unless otherwise stipulated in the relevant publication. The Company shall have the right to revoke this License from any User at any time.
   3. The Company hereby declares that it is the sole owner of all the exclusive rights for EpiTapp Application and has the right to dispose of them at its discretion, within the framework of existing legislation.
   4. This Agreement is drawn up following the legislation of the Russian Federation. The Company declares that the legislation of the Russian Federation shall apply to the rights and obligations of the User and the Company under the Agreement, regardless of the location of the User or the User’s Device.
   5. All disputes, controversies, and claims that may arise in connection with the Agreement’s execution, termination, or invalidation, the User and the Company will seek to resolve through negotiations, observing the mandatory complaint procedure. However, if the disputes cannot be resolved by negotiation, they will be resolved in court following the laws of the Russian Federation at the location of the Company, the language of proceedings being Russian.
   6. In case of termination of the Agreement or expiration of the License, the User shall immediately stop any use of the EpiTapp Application and remove it from all Devices.