TERMS AND CONDITIONS

Vers. 1.0.1, 15th March 2024

 

ACCEPTANCE OF THE TERMS AND CONDITIONS

This is an agreement between Neuro Solutions Group (“GNS“), the owner and operator of the website accessible at the address neurosolutionsgroup.com and the Nexus Fokus app (the “App“) (together the “Services“) and you (“you“), a User of the Services (“User“).

By using the Services, you acknowledge and accept these terms and conditions (the “Terms and Conditions”), as well as the GNS and App Privacy Policy. If you choose not to accept these Terms and Conditions or the Privacy Policy, you must refrain from using the Services.

These Services are available only to Users who can legally enter into contracts as provided by applicable laws. By using the Services, you represent and warrant that you have reached the legal age in your place of residence to enter into a contract or that you have obtained prior consent from a parental authority to use the Services.

CHANGES TO THE TERMS AND CONDITIONS

GNS reserves the right, at its sole discretion, to change or modify these Terms and Conditions or any section of these Terms and Conditions at any time without prior notice. The amended terms will be effective when posted and will apply to your use of the Services from that time on.

3. USING OUR SERVICES

3.1. Access and use of the Services. For the duration of this agreement, GNS grants you a limited, non-exclusive, and non-transferable right to access and use the Services, for lawful purposes, under these Terms and Conditions (“Authorized Purposes“).

3.2. Access to the App. To access the App, you must have a mobile device and/or Internet access. Since the App is for the time being only available to the pre-study participants, you will need to use the provided Activation Code to create an account . You can download the App from the “Apple Store” and “Google Play Store” Platforms (the “Platforms“). You agree that you are wholly responsible for ensuring that your mobile device has sufficient capabilities to launch and use the App according to the specifications listed on the Platforms, if applicable.

3.3. App updates. You understand and accept that GNS may, from time to time and, at its sole discretion, develop and provide updates to the App. These updates may include upgrades, bug fixes, corrections, or other error fixes and/or new functions (“Updates“). Updates may also modify or eliminate some of the App’s features and functions. You agree that GNS has no obligation to provide updates or to continue to provide or activate specific features or functions. Depending on the settings of your mobile device, when it is connected to the Internet:

The App will automatically download and install all available updates; or You may receive a notification or be prompted to download and install available Updates. You should download and install all Updates as they become available. You agree that the App or some of its functions may not work if not updated. You also agree that all Updates are considered part of the App and are subject to all the Terms and Conditions of this document.

3.4. Diagnostics and advice. When using our Services, including when using the App, you will have access to diagnostics and recommendations from a virtual coach. Please note that this information is provided for educational and resource purposes only. This information is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health care provider, duly licensed to practice medicine or general health care in your jurisdiction, with any questions you may have regarding information obtained from our Services, or while using the App, and regarding any medical condition you believe may be relevant to you or someone else. Never disregard professional medical advice or delay seeking it because of information obtained through our Services. Always consult your physician or other qualified healthcare provider before changing any of your child’s treatments or medications.

3.5. Medical provider. GNS is not a licensed medical or health care provider and has no expertise in the diagnosis, examination, or treatment of health problems of any kind. By using our Services, you acknowledge that any diagnoses or advice offered are for informational purposes only, and GNS shall not be liable for them.

3.6. Restrictions. You may not i) use the Services for purposes other than the Authorized Purposes, ii) copy, distribute or disclose all or any portions of the Services in any media, including via a web scraping tool or technique, whether automated or not, iii) use an automated system, including web crawlers and offline readers, to access the Services, iv) transmit spam, chain letters, or any other form of unsolicited email through the Services v) attempt to interfere with the Services’ servers, compromise the integrity or security of their system or decrypt a transmission to or from them, vi) take any action that, in GNS’s sole discretion, imposes or risks imposing an unreasonable or disproportionately heavy load on the Services’ infrastructure, vii) upload data, viruses, worms or other malicious software via the Services, viii) collect, extract, or gather information from the Services that may be used to identify individuals, ix) impersonate a person or otherwise make false representations regarding your affiliation with a person or entity, commit fraud, conceal, or attempt to conceal his or her identity, x) interfere with the proper working of the Services, xi) access any content from the Services using any means or technologies other than those provided or authorized by the Services, xii) circumvent any measures that GNS may use to prevent or restrict access to the Services, including features that prevent or restrict the use or copying of content from the Services, or that impose limits on how the content of the Services may be used, xiii) modify, disassemble, decompile, reverse engineer, adapt or create works derived from the Services, or xiv) otherwise use the Services in violation of any applicable law.

3.7. Investigations and legal actions. GNS will have the right to investigate and legally prosecute any violation of these Terms and Conditions to the fullest extent permitted by law.

4. YOUR ACCOUNT

4.1. Account creation. Some Service features require you to create a User Account. When you create a User Account, you agree to provide GNS with truthful and complete information about yourself, as required by the registration process, and to update this information as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a violation of this paragraph 4.1, GNS may terminate your right to use the Services at its sole discretion.

4.2. Responsibility for your Account. You are fully responsible for ensuring and maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activity that occurs under your account. You agree to immediately notify GNS of any unauthorized activity that occurs under your account or any other breach of security.

4.3. Account security. GNS cannot guarantee that unauthorized third parties will never be able to circumvent the Services’ security measures or that they will not unlawfully use information stored in the Services that you provided to GNS, and that identify you (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk.

4.4. Use of other accounts. You are prohibited from using another person’s account at any time, except with the account owner’s permission as her or his authorized agent.

4.5. Account interruption. You may interrupt or terminate your account for any reason, at your sole discretion, without notice, and without liability towards GNS.

5. TERMINATION

5.1. Termination by GNS. GNS reserves the right to terminate or suspend your access to or ability to use the App or the Services without prior notice and without incurring liability, for any reason whatsoever, including your violation of these Terms and Conditions.

Upon termination of your access to or your right to use the App or Services or any part thereof, if applicable, your access to or right to use the App or Services will immediately cease.

5.2. Termination by the User. The User can cancel his or her subscription at any time. In such a case, GNS guarantees access to the Services until the end of the current payment period.

5.3. Survival of the provisions. The provisions hereof that by their nature should survive, will survive such termination, including provisions relating to intellectual property, confidentiality, no warranty, limitation of liability, and indemnification. The termination of your access to and use of the Services does not relieve you of any obligations prior to termination and does not limit any liability you may have towards GNS or a third party.

6. PRICE, PAYMENT METHOD AND SUBSCRIPTION

6.1. Currency. If the currency of your purchase is not expressly indicated, prices are in Euro currency (EUR).

6.4. Subscription to the App. Our Services include a Subscription to our App provided you have a child with a valid prescription. The Subscription will remain in effect until cancelled or terminated under these Terms and Conditions and the Platforms’ terms and conditions, if applicable, or until the expiration of your last payment period and/or the end date of the prescription. Prices may change without notice.

6.5. Subscription cancellation. You may cancel your Subscription at any time via the Platforms or by contacting us at contact@nexusfokus.com.

7. REFUNDS

During the pre-study, no refund functionality is available as there is no purchase either.

8. INTELLECTUAL PROPERTY

8.1. Trademarks. All trademarks (including words, expressions, and logos) used by GNS to distinguish, or so as to distinguish, its own products or services from those of others, belong to GNS. The trademarks belonging to GNS may not be used, reproduced, or imitated, in whole or in part, without the prior written authorization of GNS.

8.2. Copyright. All original works reproduced or published on the Services are protected by copyright. The copyright holder for each work reserves all the rights relating to it. You acknowledge that it is an infringement for any person, without the copyright holder’s consent, to do anything under applicable law only the copyright holder has the right to do.

8.3. Other rights. The Services, or any part thereof, may be protected by industrial designs or patents. GNS reserves all rights to the Services that are not expressly granted. You agree not to use, copy, or distribute any content of the Services other than to the extent permitted.

8.4. Feedback. GNS is free to use, profit from, disclose, publish, keep secret, or otherwise use any comments, suggestions, or any other idea aimed at improving or modifying, in any way, the Services or any other GNS products or services (“Feedback”), without compensation or attribution to the User or any person who originated this Feedback.

8.5. Documentation. GNS will, from time to time, provide the User with documentation, whether online or on physical media, describing the features, operation, and use of the Services (the “Documentation”). The User understands and accepts that the Documentation may be reproduced and used only as necessary to support the User’s use of the Services.

9. USER CONTENT

9.1. Content license. By submitting profile information, information about your child’s or children’s routines, comments, text, or any other content on the App or our Services (the “User Content“), you grant GNS a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully assignable, and transferable license to do anything that, under applicable law, only the copyright holder would otherwise be authorized to do in order to provide and improve the Services, whether for commercial or non-commercial purposes, subject to the GNS’s Privacy Policy.

9.2. Netiquette. Each time you submit User Content, you agree to refrain from making any statements that GNS, in its sole discretion, may consider (i) abusive, defamatory, hateful, racist, xenophobic, homophobic, or sexist (or use any discriminatory language), (ii) to involve vulgar, obscene or malicious language, and (iii) to disclose personal information or confidential information about others.

9.3. Responsibility for User Content. You hereby acknowledge and accept that you are solely responsible for any User Content you publish on the Services. Therefore, you represent and warrant that (i) you are either the only and exclusive owner of the User Content submitted to the Services or that you have all the rights, licenses, authorizations, consents, and releases to grant rights to GNS over such User Content and (ii) that neither the User Content nor its publication or transmission, nor the use of User Content by GNS infringes or will infringe upon the rights of any third party, including intellectual property rights and image rights, or any Canadian or foreign law or regulation.

10. CONFIDENTIAL INFORMATION

10.1. Definition. For the purposes of this section 10, “Confidential Information” means any material non-public information related to GNS (including any trade secrets), written or oral, whether or not marked as confidential.

10.2. Confidentiality obligation. The User must maintain the confidentiality of all Confidential Information belonging to GNS that the latter discloses or makes available to the User, directly or indirectly, by any means of communication or observation.

10.3. Limited purposes. The User may not use the Confidential Information for purposes other than using the Services.

10.4. Non-disclosure. The User may not disclose the Confidential Information to a third party except to the extent that such disclosure.

  • is permitted by these Terms and Conditions;
  • has been consented to in writing and signed by GNS;
  • or is required by law.

10.5. Notification. The User must notify GNS promptly and in a timely manner if the User is legally required to disclose any Confidential Information or becomes aware of any unauthorized disclosure of Confidential Information.

11. ELECTRONIC COMMUNICATIONS

11.1. When you provide your email address to GNS via the Services, you expressly agree that GNS can store your email address in its database or that it may use this email address in its mailing lists to communicate with you to (i) conduct surveys or reviews regarding the Services, including their functions, user-friendliness, and your assessment of them; (ii) inform you of information and news about GNS; or (iii) for any other purpose relating to the Services or the security of Users.

12. HYPERLINKS

12.1. The Services may contain hyperlinks to external websites that will take you away from the Services (the “External Websites”). You acknowledge and agree that GNS is not responsible for the availability of these External Websites or the accuracy of the content, products, or services available on such External Websites. Hyperlinks to External Websites do not imply any approval or endorsement by GNS of such External Websites. You acknowledge that you assume all the risks arising from your use of External Websites. By using the Services, you expressly agree to hold GNS harmless from any liability arising from your use of any External Website.

13. NO WARRANTY

13.1. No warranty of the Services. The Services are provided to you on an “as is” basis, with no warranties or guarantees of any kind. GNS disclaims all warranties, express or implied, including warranties as to non-infringement, accuracy, freedom from error, or content accuracy to the fullest extent permissible under applicable law. GNS may update the Services without prior notice to Users. While GNS does everything in its power to ensure that the information presented on the Services is complete and accurate, GNS cannot guarantee that such information is free from errors, omissions, and inaccuracies.

13.2. No warranty for the App. GNS does not warrant or guarantee that the App shall be free of bugs, inaccuracies, errors, or other detrimental elements. The App depends on your mobile and Internet connectivity to operate and on iOS and Android operating systems. GNS disclaims any liability for network downtime or problems related to the iOS and Android operating systems. No right to compensation is granted under this paragraph. GNS reserves the right, at its sole discretion, to permanently or temporarily discontinue, without notice and without compensation, providing all or part of the App’s functions.

14. LIMITATION OF LIABILITY

14.1. Limitation of liability for the Services. You acknowledge and agree that you assume all risk arising from your access or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, GNS, its affiliates, directors, employees, agents, licensors, or successors and assigns may in no circumstances be held liable for damages of any kind, including, but not limited, to loss of use, loss of profit, or loss of data, whether in contract or tort, or otherwise, arising directly or indirectly from the use or performance of the Services, including any damage caused by or resulting from a User’s reliance on any information obtained through the Services or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission, or any failure in performance.

14.2. Limitation of liability for the App. GNS undertakes to implement all necessary means to ensure the best possible access to the App. You are solely responsible for your login credentials. You agree to keep them confidential and refrain from transmitting them to third parties. On the whole, you agree and acknowledge that your use of the App, including the information you post, is under your sole and entire responsibility. GNS shall not be held liable or be required to compensate you for any direct or indirect damages arising from the App being unavailable. In this regard, GNS shall not be held liable for any damages resulting from the loss, alteration, or fraudulent use of data, the accidental transmission of viruses, or other detrimental elements, or the attitude or behaviour of a third party. Furthermore, it shall not be liable for (i) the inability to access the App, (ii) misuse of the App, (iii) saturation of the Internet network, (iv) any malfunctioning of the mobile devices you use, (v) a force majeure event or situations beyond its control.

15. INDEMNIFICATION

15.1. By using the Site, you agree to defend, indemnify, and hold harmless GNS, its subsidiaries and related companies, and their respective officers, agents, directors, employees, licensors, and assigns from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements), and all amounts paid in any settlement arising from or relating to the use of the Site, or your violation of the Terms and Conditions or the rights of third parties. GNS may assume the exclusive defence and control over any matter for which you have agreed to indemnify GNS, and you agree to assist and cooperate with GNS in defending or settling any dispute.

16. DISPUTES

16.1. Dispute resolution. For any dispute arising out of or in connection with this agreement, you agree first to contact GNS to attempt to resolve the dispute informally. If GNS has been unable to resolve the dispute with you informally, then each party agrees to resolve the dispute by first turning to mediation, per the provisions of Articles 605 and seq. of the Code of Civil Procedure of Quebec, unless (i) either party does not initiate mediation within ten (10) days following the expiration of the time limit set forth in a notice of default sent by one party to the other or (ii) the dispute has not been settled amicably within twenty (20) days from the start of the mediation, and thereafter, if the mediation has not been settled amicably, by binding arbitration in Quebec City (Canada), unless you and GNS agree otherwise, per the provisions of Articles 620 and seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable law prohibits referral to arbitration or restricts a consumer’s right to appear in court.

16.2. Class action. Except in circumstances where applicable law prohibits restrictions on a party’s right to bring a class action, all claims must be brought by the parties on their own behalf, and not as plaintiffs or class members, in any proceeding by representation or in a class action and, unless the parties agree otherwise, an arbitrator may not combine the claims of more than one person.

16.3. Injunction. Nothing in this section prevents the parties from obtaining interim relief or a safeguard order, such as an injunction or other relief deemed equitable, from a court of competent jurisdiction prior to or during arbitration proceedings.

17. APPLICABLE LAW

17.1. This agreement shall be governed and interpreted in accordance with the laws in force in the Province of Quebec, without regard to conflict of law provisions. Your conduct may also be subject to other local, provincial, or federal laws.

18. GENERAL

18.1. Entire agreement. These Terms and Conditions and the Privacy Policy supersede any prior agreement between you and GNS and constitute the entire agreement between you and GNS.

18.2. Modification. GNS reserves the right to modify this document at any time and for any reason. GNS will post the most recent version of this document online at https://nexusfokus.com. You are responsible for complying with any posted updates to this document. Your continued use of the Services following the posting of the modified version of this document indicates your full acceptance of the modified version.

18.3. Assignment. You may not assign or transfer these Terms and Conditions and the Privacy Policy or any other right or obligation hereunder.

18.4. Waiver. GNS’s failure or delay in exercising any rights, remedies, powers, or prerogatives under the Terms and Conditions shall not constitute a waiver of said rights, remedies, powers, or prerogatives. To be valid, a waiver must be in writing and must be signed by GNS. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion.

18.5. Invalidity or unenforceability. Even if one or more provisions of this Agreement or the Privacy Policy are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement or the Privacy Policy. This Agreement or the Privacy Policy shall be construed as if the invalid or unenforceable provision had never been part of this Agreement or the Privacy Policy.

CONTACT US

GNS appreciates your Feedback and questions, which you can send to contact@nexusfokus.com.