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End-user License Agreement

PreDEM Neurological Prevention Screening and Therapeutic Platform

  1. Acceptance

The PreDEM - Neurological Prevention Screening and Therapeutic Platform Web-based application (Accessible at: https://app.predemplatform.com and https://app.kognitivtesztek.hu; hereinafter referred to as "PreDEM" and/or "Application"), the website, and its content are under the ownership of NETIS Ltd., as the product owner (registered office: 45 Váci út, Budapest 1134, tax number: 14945375-2-41, company registration number: 01-10-046495; Community tax number (or EU tax number): HU14945375; European Unique Identifier: HUOCCSZ.01-10-046495), which includes ownership and other rights, including operation and maintenance.

By clicking the "Accept" or "OK" button, or by using the Application, you, as the User (hereinafter: Licensee), expressly acknowledge that a legal agreement is established between Netis Ltd. and yourself. Simultaneously, you acknowledge and legally bind yourself to the terms of this End-User License Agreement (hereinafter "Agreement").

By entering the Application, you confirm that you are aged 14 or older. In the event your age falls between 14 and 18, entering the Application requires the consent of your legal representative (e.g., parent, guardian).

Herewith, you waive any applicable right that mandates original (non-electronic) signatures or the transmission or retention of non-electronic records to the extent permitted by applicable law. The use of the Application is possible only upon full acceptance of this Agreement. If you do not fully or partially agree with the contents of this Agreement, you are not entitled to use the Application.

  1. Modification

We reserve the right to review or modify this Agreement at our discretion at any time, by sending a notice within the application and/or by publishing the modified Agreement. Continued use of the Application implies automatic acceptance of the modified terms.

  1. License scope

In accordance with the terms of this Agreement, during its duration, PreDEM grants you a personal, revocable, non-exclusive license that cannot be sublicensed, transferred, or sold as a subcontractor. This license permits you to: (1) use the Application on a desktop computer, laptop, mobile phone, tablet, or other device ("Device") that you own or control; and (2) access and use the application on the respective Device in compliance with this Agreement and the applicable Terms of Use (as defined below).

  1. License restrictions

Except as permitted in the preceding section (3. License Scope), you agree not to allow any third party to: (1) acquire, distribute, sell, lend, or lease further license rights to the Application; (2) make the Application available over a network where it could be used by multiple devices owned or operated by different individuals at the same time; (3) reverse engineer, decompile, decode, or attempt to derive the source code of the Application; (4) copy the Application or any parts thereof, except for backup purposes; (5) circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use, copying of content, or limit the application’s usage; (6) remove, modify, or obscure any proprietary notices or identifications, including copyright, trademark, patent, or other notices present or visible in the Application; (7) use any communication systems provided by the Application for unauthorized and/or unsolicited commercial purposes; (8) use the name, logo, or trademarks of PreDEM and Netis Ltd. without prior written consent; and/or (9) use the Application in violation of applicable laws, rules, or regulations, or in any unlawful, harmful, irresponsible, or inappropriate manner that violates this Agreement or the intellectual property rights of Netis Ltd. and/or its contracting partners.

  1. User accounts

As a User of the PreDEM Application, you are entitled to the following service packages:

BASIC package (FREE, registration required):

The BASIC package is available to registered Users. Users can use an application with reduced functionality.

With the BASIC package, the User can use the following features in the Application: SDMT-type games (SDTM test, LDST test, DSST test), IMCI game, all trial games, patient education descriptions.

Expiration of the BASIC package: not time-bound, valid until the operation of the Platform.

GOLD subscriber package (Paid, registration required):

The GOLD subscriber package is available to registered Users initiated from within the Application. Users can use an application with higher functionality.

With the GOLD subscriber package, the User can use the following features in the Application: All cognitive games, game result evaluation, status monitoring, patient education descriptions, measurement of health data (blood pressure, blood oxygen, sleep, laboratory), connection of smart devices (Omron, Withings, Fitbit, Garmin, Polar).

Expiration of the GOLD subscriber package: valid for 12 months from the purchase of the subscription package.

PLATINUM subscriber package (Paid, ONLY available at the PreDEM Platform Service Provider):

With the PLATINUM subscriber package, the User can use the following features in the Application: All cognitive games and clinically prescribed tests by a specialist doctor, game result evaluation, status monitoring and supervision, Cognitive therapy planning, measurement of health data (blood pressure, blood oxygen, sleep, laboratory), patient education descriptions, specialist communication, connection of smart devices (Omron, Withings, Fitbit, Garmin, Polar).

Based on the PLATINUM package, the User is entitled to use all functions and services of PreDEM.

Expiration of the PLATINUM subscriber package: 12 months from the purchase of the subscription package.

 

The registration or login method, as well as the Application available through them, may be changed by NETIS Ltd. at its own discretion at any time.

At registration, you confirm that you provide accurate and complete information to us to create your user account and enable the use of the Application, and you confirm that if there is a change in your data, you will update your data as soon as possible. It is your responsibility to provide accurate information and keep it up to date.

Please note that you may not share your user account or login details with any third party, and you may not allow any third party to access your account, and you are responsible for maintaining the confidentiality of the login data associated with your user account.

You bear full and exclusive responsibility for the security of your computer system, mobile device, and all activities carried out within your user account, even if these activities were not performed by you personally on your device.

Usage of the Application can be interrupted in case of improper use of the user account or if you or a third party using your account violates the terms of this Agreement.

In the event of unauthorized use of your account, you are obligated to immediately notify Netis Ltd. via the email address predem@netis.hu

Netis Ltd. disclaims any responsibility for any loss or damage resulting from unauthorized use of the Application. You concurrently agree to indemnify and hold harmless Netis Ltd. against damages arising from improper or illegal use of the Application, including incurred fees and taxes, unless promptly reported to Netis Ltd. via the aforementioned email address regarding unauthorized use not carried out by you.

  1. Changing healthcare providers, practice communities, and specialists

You can purchase the PLATINUM subscription package exclusively from the Healthcare Provider connected to the PreDEM Platform Application. The Healthcare Provider is able to grant you PLATINUM subscriber eligibility.

Based on your BASIC package or upon purchasing the GOLD subscription package, you have the opportunity in the Application's Settings menu under the "Provider Connections" section to choose "Your selected provider" within the practice community and select a specialist. This connection becomes available when you have paid the PreDEM Platinum subscription fee to the Healthcare Provider or the Specialist, and your connection request has been accepted by the Specialist.

You can consent to share your health data and cognitive game results with the designated specialist. Within the practice community, you can change the designated specialist at any time without content or data loss.

The information stored under the "Measurements" menu, recorded by you (health data, blood pressure, blood oxygen, sleep and laboratory data, data synchronized from smart devices), will continue to be accessible in the new practice community as well.

  1. Terminations of user accounts

You acknowledge that Netis Ltd., at its sole discretion and without prior notice, may terminate your user account in the following instances: (1) violation of this Agreement or its spirit, (2) perpetration of fraud, harassment, or any other criminal offense or misdemeanor, or (3) behavior that is detrimental to other users, third parties, the Application's community, or Netis Ltd.'s business interests.

In case Netis Ltd. terminates your user account due to the above reasons, without express permission, you cannot re-register for the Application. If you believe that Netis Ltd. has improperly acted against your user account, please contact us at predem@netis.hu

Moreover, if Netis Ltd. determines that you have violated this Agreement or displayed any illegal or inappropriate behavior, Netis Ltd. reserves the right to take corrective action it deems appropriate under the circumstances.

Netis Ltd. reserves the right to investigate any alleged violation of this Agreement or any irregular or inappropriate behavior through the Application. In connection with this, Netis Ltd. fully cooperates with law enforcement authorities and courts, especially in disclosing the identities of individuals involved in illegal behavior or activities.

Of course, the termination of the user account can also be initiated by the Licensee: you can request the termination of your account at any time and for any reason by sending an email to the specified address or by following the process detailed below.

The Licensee can also initiate the termination of their user account through the Application's Settings menu under the "Terminate Registration" section. In this case, the user account will be terminated within 14 days. If you withdraw the termination of your user account within the 14-day period, your user account will remain active.

The suspension or termination of your user account does not affect the obligations existing under this Agreement (including, but not limited to, ownership rights, compensation, any statements or guarantees made by you, and limitation of liability), which are enforceable regardless of the existence or continuance of the user account.

  1. Payment

The use of the PreDEM Basic package is subject to registration and is free for the User account.

For GOLD subscription package (Paid, registration required)

The GOLD subscription package is available to registered Users. By paying the fee for the GOLD subscription package, the User can use an application with higher functionality.

Payment of the GOLD subscription package fee is made through the SimplePay online credit card payment system developed and operated by OTP Mobil Ltd. from within the PreDEM Application (for more information: https://simplepay.hu).

PLATINUM subscription package (Paid, ONLY available at the PreDEM Platform Service Provider)

You can purchase the PLATINUM subscription package exclusively from the Healthcare Provider connected to the PreDEM Platform Application. The Healthcare Provider is capable of granting you PLATINUM subscriber eligibility after the purchase. PreDEM and NETIS Ltd. cannot take responsibility for the payment systems of Healthcare Providers.

PreDEM reserves the right to review service packages, their prices, or payment methods at any time without prior notice.

Please note that using the Web Application may require an internet connection or data access. If additional fees apply for third-party services, the Internet, or data usage, you are solely responsible for covering these charges.

Netis Ltd. sells the use of the Application as a service to healthcare service providers or praxis communities under a Business to Business (B2B) model, governed by individual contractual relationships involving payment obligations. B2B partners settle the registration fee for the Application via transfer.

Certain features within the Application might be provided by other partners/vendors. The terms of these partners govern these specific features, including payment terms, warranties, and return policies. For further information, visit the partners' websites. Netis Ltd. reserves the right to change the way certain functionalities within the Application are provided in the future, enabling payments to be processed within the Application.

You must adhere to the terms of payment methods you use. Netis Ltd. reserves the right to cancel orders of services or goods if full payment is not received. Netis Ltd. also reserves the right to void any transaction suspected of fraud, including unauthorized use of credit cards, bank cards, or other payment methods.

You are solely responsible for the amounts payable for the PreDEM Application and related taxes. Netis Ltd. deducts applicable fees and taxes from the amounts to be paid as required by law.

  1. Services and recommendations

A PreDEM may provide online cognitive health tests to assist in monitoring your cognitive functions. Netis Ltd. is not the author/creator of these tests and does not take responsibility for their accuracy, security, and/or applicability. These tests serve solely informational and educational purposes and do not substitute for the professional position or opinions of healthcare professionals or neurological specialists in diagnosing and treating users.

Neither the tests nor the content, nor any other services or recommendations offered by this Application, are to be considered neurological specialist diagnoses or treatments and cannot replace them.

PreDEM utilizes the results of neurocognitive health assessments, games, and clinical tests, as well as the information provided by users, to monitor the user's cognitive state. In case of a decline in game or test results, it alerts the user about cognitive decline and its potential consequences, advising the user to consult a specialist.

PreDEM scores and rates the completed games based on clinical healthcare experiments, categorizing the received results. The ratings appear alongside a possible numerical outcome and visually (highlighted using different colors to indicate the rating category). Game results are stored over time.

The PreDEM strives to examine and interpret manually entered health measurement data or measurement data from connected smart devices where possible. In the case of blood pressure, the measured value is categorized into low, normal, or high categories based on the corresponding WHO ranges for the user's age (according to WHO range categorization). For blood oxygen measurements, a comparison is made against the normal value. Sleep data is presented based on sleep stages (REM, Deep, Light, Awake) and compared to the recommended 8-hour sleep, and SpO2 data during sleep is also stored.

PreDEM is not an accredited healthcare professional or neurologist and does not have access to the user's complete medical background or medical history. The user is required to consult their healthcare provider, conduct all necessary research themselves before making any decisions regarding neurological therapy. The content of the Application, including games and healthcare clinical tests, does not replace medical advice, diagnosis, or therapeutic treatment.

PreDEM provides game logging and automatic logging features allowing the Application to automatically log (including access to user smartwatch or fitness tracker data within the Application with explicit consent); or user logging where the user manually records age, pre-game mood, and in some games, education level. PreDEM aims for accurate data recording during the logging service use but cannot guarantee the preservation or accuracy of all data.

PreDEM is not responsible for the accuracy or timeliness of information obtained from smart devices.

Other health-related services

None of the information and content provided by PreDEM constitutes medical expertise, diagnosis, or therapy. Both PreDEM and its B2B partners may not always qualify as healthcare professionals. Providing healthcare or advice is only permitted by individuals with specialized training. The content aims for general educational purposes and never represents healthcare advice or solutions, nor is it intended to prevent, diagnose, or treat individual health issues. Moreover, it does not aim to directly replace consultation with an accredited healthcare professional who is familiar with the specifics of the user's case.

Despite offering online condition monitoring, PreDEM's services cannot replace personalized, tailored consultations with a neurologist or neuropsychologist under any circumstances. In a responsible approach, before starting any new therapy or if questions arise regarding your health condition, always consult your treating physician or another qualified healthcare professional and act only after such consultation.

  1. Reservation of intellectual property rights

The Application is the property of Netis Ltd. and its licensors, including materials or content made available through the Application, along with all global intellectual property rights, including copyrights, patents, trademarks, and trade secrets thereof. Providing access to the Application does not imply the transfer or assignment of such intellectual property rights. Netis Ltd. reserves all rights not expressly provided in accordance with the Terms of Use. Every trademark is the property of its respective owner or registered owner. No provision of this Agreement grants any right to use any trademark, logo, or brand name found within the Application, whether owned by Netis Ltd. or any third party.

The Licensee has the option, but is not obliged, to provide feedback or suggestions to Netis Ltd. regarding the Application.

However, if comments or suggestions are submitted concerning modifications or improvements to the Application, it is acknowledged that such feedback does not carry any confidentiality obligation, and Netis Ltd. may use or disclose such feedback at its own discretion. The Licensee is not entitled to any compensation, remuneration, or reimbursement for such comments and suggestions.

  1. Terms of use, code of conduct

In compliance with the Terms of Use, the Licensee agrees not to: (a) fraudulently request access to another person's account or personal data, or attempt to gain unauthorized access to the Application in any way; (b) impersonate another user (including creating multiple accounts or profiles) or otherwise deceive another user, Netis Ltd., or anyone else; (c) collect information or data from other users without their consent, including email addresses; (d) send unsolicited or unauthorized advertising, promotional materials, spam, or other unwanted messages; (e) infringe upon the rights of others, including defamation, abuse, theft, or threats to users; (f) violate the intellectual property, privacy rights, or moral rights of any third party; (g) publish or transmit content that is (or reasonably believed to be) illegal, fraudulent, or unauthorized, or involves any illegal, forged, fraudulent, pirated, unauthorized, or violent activity, or that (or reasonably believed to) contains stolen, illegal, forged, fraudulent, pirated, or unauthorized material; (i) violate applicable laws and regulations; (j) engage in fraud or deception; not publish or transmit material that (or is suspected to) be defamatory, libelous, obscene, offensive, including hate speech, incitement to violence, fanatic or praising material, or that is inappropriate for the spirit of the community using the Application; (k) not send or transmit any virus, worm, Trojan horse, or other harmful or disruptive component; (l) not bypass, disable, or otherwise disrupt the security features or functions of the Application that prevent or limit the use or copying of any content or modification of the Application; (m) not use robots, spiders, web crawlers, or any other manual or automatic device or process to access, index, or data mine the Application; (n) Information generated by the User during the use of PreDEM (completed games, test results, measured parameters) - in compliance with GDPR - will continue to be retained in anonymized form for the scientific processing and further development of PreDEM, which, however, no longer qualifies as personal data.

  1. Use of the the Application in a vehicle

Amennyiben a Licenszjogosult az Alkalmazást egy járműben használja, akkor beleegyezik, hogy (1) az alkalmazandó közlekedési szabályoknak megfelelően viselkedik; (2) ha Ön a sofőr, akkor nem használja az Alkalmazást, kivéve, ha a jármű áll és egy arra alkalmas helyen parkol.

  1. Updates and enhancements

Netis Ltd. reserves the right, but is not obligated, to issue updates from time to time or further enhance the Application (referred to as 'Releases'). These Release versions are subject to current regulations and may entail automatic updates and improvements without additional notifications sent to you. You agree to these automatic updates and enhancements within the Application. Any reference to the Application includes the aforementioned Release versions. This Agreement applies to any Release version that replaces or supplements the original Application unless the Release version is subject to a separate licensing agreement specific to that Release version.

  1. Disclaimer of warranties: limitations of liability

You use any part of the Application at your own risk and responsibility.

PreDEM is not a healthcare or neurological expert, so any neurological and/or healthcare advice or therapy should be verified with your healthcare professional. Netis Ltd. does not and cannot assume any responsibility for any purchase or activity made while using the Application. Your sole responsibility is for any decision you make concerning therapy, your health, and condition.

Netis Ltd. does not make any express representations or warranties regarding the Application. Information relating to neurodegenerative diseases, health education, images, and other content may originate from third parties. Netis Ltd. assumes no responsibility for any content originating from these third parties.

Netis Ltd. excludes its liability for any form of activity or omission, online or offline, in relation to any personal injury, death, property damage, or incidental damage and associated costs. Netis Ltd. excludes liability and does not provide refunds for any delay, strike, force majeure, or other reasons beyond its direct control and therefore does not assume responsibility for any additional costs, delays, or any government or regulatory actions. To the maximum extent permitted by applicable law, anything provided by the Application is provided 'as-is' and 'as-available,' excluding any warranties. Without limiting these, Netis Ltd. excludes warranties of merchantability, fitness for a particular purpose, or non-infringement regarding the Application. Netis Ltd. does not guarantee that the descriptions of cognitive tests in any service of the Application are accurate, complete, reliable, healthy, safe, or free from errors.

Any advice or information received from Netis Ltd., orally or in writing, does not create any warranty obligation unless specified in this Agreement. If you rely on this information, you do so entirely at your own risk. Certain countries or regions do not allow the exclusion of certain warranties within their territory. Accordingly, these exceptions may not apply to you.

Other health-related services

Netis Ltd., its contractual partners, and suppliers, including their directors, officers, and employees, are not liable for any direct, indirect, special, derivative, or financial damages, including fees and penalties associated with the use of the PreDEM application. When using the PreDEM application and employing the cognitive trend monitoring provided within, you assess the risk of the information presented in the PreDEM application and other information provided by PreDEM. Furthermore, you assess the complete risk and any health consequences of not providing PreDEM with your full health information. Therefore, Netis Ltd. is not responsible for any potential omissions or other offenses preventing the establishment of a proper daily/weekly/monthly routine for performing therapeutic games. You acknowledge the exclusion of responsibility, including any derived liability or responsibility for any resultant damage events due to this exclusion.

PreDEM's services rely on external content ("Content") obtained from external providers (neurologists and neuropsychologist experts). These external suppliers are responsible for the accuracy and up-to-date status of the content. Although Netis Ltd. strives to ensure the accuracy, completeness, and timeliness of the content, it does not guarantee and cannot be held accountable for the absolute accuracy and completeness of the Content, regardless of whether the content was created by PreDEM or any of its suppliers.

To the extent permitted by applicable law, PreDEM is provided "as viewed" and "in its given state" without any warranties. Without limiting the foregoing, Netis Ltd. does not provide any mandatory warranties for the content provided by it or its contractual partners. Netis Ltd. excludes responsibility and disclaims any liability for the content provided by suppliers. Netis Ltd. excludes any liability for the activities or omissions of these third parties, including cases of personal injury, death, negligence, or other damages and costs incurred in these cases. Netis Ltd. does not guarantee that any information (‘Content’) related to neurodegenerative diseases is accurate, complete, reliable, current, healthy, safe, or error-free. NETIS Zrt. does not accept and does not take responsibility for any activities chosen by you based on the content provided by PreDEM or the performance of non-intended games (which may cause excessive gaming addiction), which may affect your health (including mental state), and you are solely responsible for the decisions made regarding the selection of cognitive games (including those chosen during pregnancy).

By using the PreDEM service, you assume all responsibility and risk associated with the use and application of the content provided or mediated by PreDEM.

  1. Protection of presonal data

We handle your personal information collected or obtained by PreDEM through the Application in accordance with the provisions established in the Privacy Policy and the Cookie provisions (collectively, the 'Personal Data Protection Provisions'), and by using the application, you accept these provisions. Please note that certain personal data provided by you and other information related to the Application are stored on your device by PreDEM (even if it does not collect this information). However, it is your responsibility to ensure proper protection against unauthorized access to your device.

  1. Limitation of liability

To the maximum extent permitted by applicable law, Netis Ltd. excludes its liability towards you or any third party for any damages, including but not limited to general, non-intentional, exceptional, or punitive damages that may arise concerning the use or content of the Application. In any event, Netis Ltd.'s total liability for the entire content of this Agreement shall not exceed the amount directly or indirectly paid by you for the use of the Application in the three months preceding the date of the damage claim, based on section 10 of this Agreement. If you have not paid for the use of the Application, Netis Ltd. excludes any liability towards you.

In connection with the above, Netis Ltd. assumes no responsibility for any errors, omissions, interruptions, deletions, technical issues, delays occurring during operation, or problems in communication data transmission. Netis Ltd. is not responsible for any technical issues concerning any phone or mobile phone and its network, lines, online computer networks, servers or providers, computer equipment, software failures, loss due to email technical reasons, internet or Application traffic interruptions/overloads, or damage to the user's mobile device or computer, whether occurring during the use of the Application or in relation to it. Netis Ltd. bears no responsibility for any information transmitted by an application provided by any third party, which the user transmits and which is stored or kept by this third party, in whole or in part. Under no circumstances is Netis Ltd. responsible for any loss or damage, including personal injury or death, related to the use of the service, online or offline, related to nutrition, compliance with or non-compliance with recommendations provided by the Application, or related to exercise activities carried out through the Application.

  1. Compensation

The Licensee is liable for compensation in accordance with applicable laws in the following cases, particularly: (a) breach of this Agreement by any party using your computer or mobile device, login codes, passwords, or identification information, including the dissemination of false training information and levels; (b) any claim, loss, or damage arising from the use of or attempted (or failed) use of the Application; (c) any infringement on your part of any rights or regulations; (d) if you violate the rights of any third party, including but not limited to intellectual property rights or moral entitlements violated by you; or (e) for any other matter for which you are responsible under this document or valid law. You acknowledge that the use of the Application must comply with applicable laws, regulations, and guidelines.

  1. Usage regulations

The Usage Terms governing your use of the Application are referenced in this Agreement. You declare that nothing prohibits your use of the Application under the applicable Usage Terms and valid law; if you cannot make such a declaration, the use of the Application is prohibited for you.

  1. Mixed provisions

This Agreement is exclusively governed by Hungarian law. Your actions may fall under other local, provincial, or state jurisdictions. Regarding this Agreement or the Application, the courts of Hungary have exclusive jurisdiction, and you irrevocably acknowledge the authority and jurisdiction of these courts. Legal action against Netis Ltd. can be taken for events not older than one year. If any provision of this Agreement is found to be unenforceable, it shall be replaced by an enforceable provision that best reflects the original provision permitted under applicable law, while all other provisions of the Agreement shall remain fully effective. None of the provisions of this Agreement create agency, employment, joint venture, or partnership relationships between you and Netis Ltd. and do not authorize Netis Ltd. to act on your behalf. Unless expressly specified otherwise, this Agreement supersedes any other agreements, interpretations, or warranties between Netis Ltd. and you concerning the subject matter herein. Information contained in this Agreement cannot be used to limit proceedings or remedies to which Netis Ltd. is entitled in case of prohibited actions or behavior. Failure to enforce any provision of this Agreement does not waive or excuse compliance with it, and Netis Ltd. reserves the right to enforce any provision at its discretion. Waiver of proceedings related to any breach does not waive further or preceding activities that constitute a breach or faulty performance of provisions. Netis Ltd. may assign its rights to any third party. You may not assign the rights and obligations listed here unless expressly and in writing authorized by Netis Ltd. Regarding this Agreement, Netis Ltd. may send any notices to the email address or other contact information provided by you.

Last updated: March 01, 2024