Terms of Use
TERAPIÙ
TERMS OF USE AND END-USER LICENSE AGREEMENT
Last updated: October 2021
1. Introduction
TERAPIÙ is a service (hereafter, the “Service”) designed for the purpose of supporting and assisting chronic patients in their treatment adherence.
Typically, use of the Service provides users with an IT platform where they can record their treatment plan and medications to be taken regularly, store their treatment history, save data and values related to their health, and/or physical condition or physical activity, access useful information for managing their treatment, and receive specific notifications and reminders (e.g., reminders to take daily medication) aimed at facilitating adherence to the treatment plan.
Access to the Service may be through the relevant web application or by using the specific TERAPIÙ software for mobile devices (hereafter, the “App”). The App is optimized for devices (smartphones) supported by the Android and iOS operating systems above versions 7 and 12, respectively.
To access the Service, an authentication process must be carried out, preliminary to identifying the user. When accessing the web application for the first time, or when running the App for the first time, the user is, therefore, required to complete a registration process by entering some personal data (identification data and contact details), together with a valid email address and a password for confidential use (authentication credentials). The registration process is completed by entering a one-time password (OTP) which the user receives at the email address previously provided.
Access to the Service is also conditional upon acceptance of these Terms of Use, as well as having given consent to the processing of personal data, after having read the Information Notice and Privacy Policy.
By downloading, installing, or using the App, or by accessing the Service through the web application, or even by expressing your consent and acceptance electronically (e.g., by marking a checkbox or pressing a virtual button bearing the words “I accept” or “I consent,” or other phrases with a similar meaning), you manifest your explicit will to confirm that you have read, understood, accepted, and consented to the Terms of Use and personal data processing involved in the Service, and also agree to be bound by a legally valid agreement with the company Bayer S.p.A., (Tax ID No. 05849130157), with registered office at Viale Certosa No. 130, (20156) Milan, Italy, (hereafter, the “Company”).
Typically, use of the Service provides users with an IT platform where they can record their treatment plan and medications to be taken regularly, store their treatment history, save data and values related to their health, and/or physical condition or physical activity, access useful information for managing their treatment, and receive specific notifications and reminders (e.g., reminders to take daily medication) aimed at facilitating adherence to the treatment plan.
Access to the Service may be through the relevant web application or by using the specific TERAPIÙ software for mobile devices (hereafter, the “App”). The App is optimized for devices (smartphones) supported by the Android and iOS operating systems above versions 7 and 12, respectively.
To access the Service, an authentication process must be carried out, preliminary to identifying the user. When accessing the web application for the first time, or when running the App for the first time, the user is, therefore, required to complete a registration process by entering some personal data (identification data and contact details), together with a valid email address and a password for confidential use (authentication credentials). The registration process is completed by entering a one-time password (OTP) which the user receives at the email address previously provided.
Access to the Service is also conditional upon acceptance of these Terms of Use, as well as having given consent to the processing of personal data, after having read the Information Notice and Privacy Policy.
By downloading, installing, or using the App, or by accessing the Service through the web application, or even by expressing your consent and acceptance electronically (e.g., by marking a checkbox or pressing a virtual button bearing the words “I accept” or “I consent,” or other phrases with a similar meaning), you manifest your explicit will to confirm that you have read, understood, accepted, and consented to the Terms of Use and personal data processing involved in the Service, and also agree to be bound by a legally valid agreement with the company Bayer S.p.A., (Tax ID No. 05849130157), with registered office at Viale Certosa No. 130, (20156) Milan, Italy, (hereafter, the “Company”).
2. Eligibility and Access to the App, Web Application, and Service
The App and web application are licensed for use in accordance with the terms of use imposed by the Company and the distribution platforms and stores.
To use the App, web application, and Service, you must meet the following requirements in connection with which you represent, warrant, and agree that:
(a) you have full power and legal capacity to enter into this agreement;
(b) you are in possession of the electronic devices (smartphones with respect to the use of the App; personal computers and web browsers, with respect to the use of the web application) and internet access (with respect to which you will independently incur any expenses, including any fees that may be charged to you by your telephone carrier) necessary to access Service;
(c) you have freely, and consciously, given consent to the processing of your personal data related to the operation of the Service;
(d) in using the App, the web application, and the Service, you will not violate any rights of the Company or any third party even indirectly involved, including these Terms of Use.
In order to ensure effective stability of the software, as well as maximum data protection and safeguarding, you are not allowed to use the App on devices that have been “jail broken” or “rooted,” or which have been altered from their original functionality in a manner deemed unsuitable by the legitimate manufacturer, in order to guarantee the integrity and security of the data.
The Company, subject to the intent to ensure continuity in the delivery of the Service, reserves the right, in any case, to modify, suspend or terminate the App, the web application, and the Service, at any time, and at its sole discretion.
To use the App, web application, and Service, you must meet the following requirements in connection with which you represent, warrant, and agree that:
(a) you have full power and legal capacity to enter into this agreement;
(b) you are in possession of the electronic devices (smartphones with respect to the use of the App; personal computers and web browsers, with respect to the use of the web application) and internet access (with respect to which you will independently incur any expenses, including any fees that may be charged to you by your telephone carrier) necessary to access Service;
(c) you have freely, and consciously, given consent to the processing of your personal data related to the operation of the Service;
(d) in using the App, the web application, and the Service, you will not violate any rights of the Company or any third party even indirectly involved, including these Terms of Use.
In order to ensure effective stability of the software, as well as maximum data protection and safeguarding, you are not allowed to use the App on devices that have been “jail broken” or “rooted,” or which have been altered from their original functionality in a manner deemed unsuitable by the legitimate manufacturer, in order to guarantee the integrity and security of the data.
The Company, subject to the intent to ensure continuity in the delivery of the Service, reserves the right, in any case, to modify, suspend or terminate the App, the web application, and the Service, at any time, and at its sole discretion.
3. Use of the App, Web Application, and Service, and Intellectual Property Rights
Provided that you act in accordance with the provisions of this Agreement and in compliance with applicable legal requirements, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license, covering the right to use the App and the web application, and to access the Service (through the aforementioned tools, and not also by means of scraping, crawling, spidering, or other technologies that may possibly allow access to data). The Company reserves exclusive ownership of all intellectual and industrial property rights, as well as any other rights not expressly granted to you under this Agreement, in the App, the web application, and the Service.
The App, the web application, and the Service, are, and remain, the exclusive property of the Company. You have the right to download and install a copy of the App, run the web application, and access the Service on any device you own solely for your personal, non-commercial use, within the limits of the functionality immediately and directly made available by the software. You agree to use the App, the web application, and the Service solely in accordance with and within the limits set forth in this Agreement and in compliance with applicable legal requirements. In particular, you cannot:
(a) create derivative works based on the App, the web application, or the Service;
(b) use the App, web application, or the Service, for purposes other than those set forth in this Agreement;
(c) duplicate or copy the App, with the sole exception related to the right to make a backup copy, provided such copy is not already provided to you, or otherwise made available to you;
(d) sell, assign, sublicense, distribute, transfer, or make available the App, web application, or access to the Service, to third parties;
(e) modify, adapt, alter, translate, decompile, disassemble, or reverse-engineer the App, the web application, or the Service, except to the extent that you are specifically permitted to do so by applicable law;
(f) remove or alter the notes and rights notices on the App, the web application, and the Service.
Should the App, or web application, include elements of open-source software, you are aware that these elements are subject to their own license terms, set out in the relevant documentation. The rights to open-source software are owned by their respective holders, named therein.
Except as expressly provided herein, this Agreement does not transfer any intellectual or industrial property rights to the content conveyed through the App, the web application, or the Service, including any trademarks, distinctive signs, or other works or content subject to patent rights, which shall, therefore, remain the exclusive property of their respective rights holders.
The App, the web application, and the Service, are, and remain, the exclusive property of the Company. You have the right to download and install a copy of the App, run the web application, and access the Service on any device you own solely for your personal, non-commercial use, within the limits of the functionality immediately and directly made available by the software. You agree to use the App, the web application, and the Service solely in accordance with and within the limits set forth in this Agreement and in compliance with applicable legal requirements. In particular, you cannot:
(a) create derivative works based on the App, the web application, or the Service;
(b) use the App, web application, or the Service, for purposes other than those set forth in this Agreement;
(c) duplicate or copy the App, with the sole exception related to the right to make a backup copy, provided such copy is not already provided to you, or otherwise made available to you;
(d) sell, assign, sublicense, distribute, transfer, or make available the App, web application, or access to the Service, to third parties;
(e) modify, adapt, alter, translate, decompile, disassemble, or reverse-engineer the App, the web application, or the Service, except to the extent that you are specifically permitted to do so by applicable law;
(f) remove or alter the notes and rights notices on the App, the web application, and the Service.
Should the App, or web application, include elements of open-source software, you are aware that these elements are subject to their own license terms, set out in the relevant documentation. The rights to open-source software are owned by their respective holders, named therein.
Except as expressly provided herein, this Agreement does not transfer any intellectual or industrial property rights to the content conveyed through the App, the web application, or the Service, including any trademarks, distinctive signs, or other works or content subject to patent rights, which shall, therefore, remain the exclusive property of their respective rights holders.
4. Data, Information and Functionality Related to the Use of the Service
Use of the App, the web application, and the Service, subject to the fulfillment of the necessary functional requirements, provides you with an information technology platform designed for the purpose of assisting you in your treatment adherence.
Specifically, by accessing the Service, you will be able to: record your treatment plan and medications to be taken regularly, also keeping track of intakes and personal stock levels for each medication; store the history of your treatments; store data and values related to your health status (information related to current or previous diseases or adverse events, additional data related or connected to your health status, such as blood pressure, cholesterol, and blood sugar levels, food intolerances or allergies, electrolyte reading, triglyceride reading, HDL and LDL levels, and platelet counts, smoking status) and/or to your physical condition (height and weight) or to physical activity performed; access information useful for managing your treatment; receive specific notifications and reminders (e.g., reminders to take daily medication) aimed at facilitating adherence to your treatment plan.
The Service also allows you to be able to link—entirely optionally—your user account to a family member's or other person you trust's (so-called “caregiver”) so that they can assist you in accessing information and, more generally, in using the Service. You are aware of the circumstance that, should you enable this function, the person you authorize as a “caregiver” will be able to legitimately operate, on your behalf, your user account and data (also accessing information related to your health status).
The App, the web application, and the Service are intended for your personal use and are solely subsidiary to other treatment adherence tools that you are required, in any case, to adopt, and are unrelated to any medical, scientific, or professional purpose or scope. The App, web application, and Service are not medical devices, nor are they designed or intended for use in the diagnosis of disease or other medical conditions, or in the cure, reduction, treatment, or prevention of any disease or illness. The App, the web application, and the Service are intended only to provide you with an additional tool to support you in the management of your treatment adherence, the management of which remains, of course, the sole responsibility of your healthcare professional and the relevant healthcare facilities. In this regard, you are advised that data and communications, including notifications, conveyed through the App, the web application, and the Service may be subject to errors, inaccuracies, delays in updating, or other inadequacies, and that, for this reason, they should be interpreted as indicative only. We urge you to scrupulously, and exclusively, follow the medical and treatment instructions communicated to you by your healthcare professional and the relevant healthcare facilities, and to employ all useful solutions to ensure your treatment adherence, cautioning you regarding the exclusively subsidiary role of the Service. Always consult your primary care physician before taking any action pertaining to your health.
The App, the web application, and the Service have effective security measures and authentication procedures designed to allow access to data only to those individuals who are entitled to access it. Nevertheless, you are required to exercise the utmost diligence in the safekeeping of the authentication credentials necessary to access the Service, and in the safekeeping of your devices. You are also informed that should you decide, at your discretion, to export data outside the Service, storing them on your devices, documents, and notes, the security measures implemented in the App, the web application, and the Service will no longer be effective to protect your data.
Specifically, by accessing the Service, you will be able to: record your treatment plan and medications to be taken regularly, also keeping track of intakes and personal stock levels for each medication; store the history of your treatments; store data and values related to your health status (information related to current or previous diseases or adverse events, additional data related or connected to your health status, such as blood pressure, cholesterol, and blood sugar levels, food intolerances or allergies, electrolyte reading, triglyceride reading, HDL and LDL levels, and platelet counts, smoking status) and/or to your physical condition (height and weight) or to physical activity performed; access information useful for managing your treatment; receive specific notifications and reminders (e.g., reminders to take daily medication) aimed at facilitating adherence to your treatment plan.
The Service also allows you to be able to link—entirely optionally—your user account to a family member's or other person you trust's (so-called “caregiver”) so that they can assist you in accessing information and, more generally, in using the Service. You are aware of the circumstance that, should you enable this function, the person you authorize as a “caregiver” will be able to legitimately operate, on your behalf, your user account and data (also accessing information related to your health status).
The App, the web application, and the Service are intended for your personal use and are solely subsidiary to other treatment adherence tools that you are required, in any case, to adopt, and are unrelated to any medical, scientific, or professional purpose or scope. The App, web application, and Service are not medical devices, nor are they designed or intended for use in the diagnosis of disease or other medical conditions, or in the cure, reduction, treatment, or prevention of any disease or illness. The App, the web application, and the Service are intended only to provide you with an additional tool to support you in the management of your treatment adherence, the management of which remains, of course, the sole responsibility of your healthcare professional and the relevant healthcare facilities. In this regard, you are advised that data and communications, including notifications, conveyed through the App, the web application, and the Service may be subject to errors, inaccuracies, delays in updating, or other inadequacies, and that, for this reason, they should be interpreted as indicative only. We urge you to scrupulously, and exclusively, follow the medical and treatment instructions communicated to you by your healthcare professional and the relevant healthcare facilities, and to employ all useful solutions to ensure your treatment adherence, cautioning you regarding the exclusively subsidiary role of the Service. Always consult your primary care physician before taking any action pertaining to your health.
The App, the web application, and the Service have effective security measures and authentication procedures designed to allow access to data only to those individuals who are entitled to access it. Nevertheless, you are required to exercise the utmost diligence in the safekeeping of the authentication credentials necessary to access the Service, and in the safekeeping of your devices. You are also informed that should you decide, at your discretion, to export data outside the Service, storing them on your devices, documents, and notes, the security measures implemented in the App, the web application, and the Service will no longer be effective to protect your data.
Medication Database
The source of the data used and published is Farmadati Italia® Databases. Farmadati Italia employs maximum efforts to ensure that data on medication, parapharmaceuticals, and medical devices are accurate, timely, and constantly updated.This material is provided for educational purposes only and is not intended for medical advice, diagnosis, or treatment and should in no case be used as a substitute for a specialist visit or medical consultation. Farmadati Italia does not take responsibility for the use of its data. It is incumbent on you to contact your healthcare professional and/or a specialist for the prescription and taking of medication, parapharmaceuticals, and medical devices.
5. iOS Application Distributed on the Apple App Store
If the App is run on the iOS platform and distributed through the Apple App Store, you agree that the terms of this Agreement shall be supplemented with the specific “minimum terms of developer's end-user license agreement” clauses provided in this chapter, to which you are legally bound, as is the Company.
This agreement is solely between you and the Company, and not also with Apple Inc. (Apple). The Company, and not Apple, will be solely responsible, within the limits of the Agreement, in relation to the App. In the event that the terms and conditions of this Agreement are less restrictive or in conflict with the terms and conditions of use for licensed applications set forth in the App Store Terms of Service, the latter more restrictive terms and conditions shall prevail over the former.
You may use the App exclusively:
I. on an iPhone, iPad, or other Apple iOS device, authorized, owned, or available;
II. in accordance with and subject to the terms and conditions of use set forth in the App Store Terms of Service.
Should minimum obligations for assistance or support exist under applicable law, the Company, to the extent provided for in this Agreement, and not Apple, shall be obligated to perform such services.
In the event that the App does not conform to one or more warranties applicable to it, you may notify Apple, which will, where required and possible, refund the purchase price of the App and, to the fullest extent permitted by applicable law, Apple will have no warranty obligation with respect to the App. As far as the relationship between the Company and Apple is concerned, any other compensation, loss, burden, damage, cost, or expense attributable to the non-compliance of the App with respect to one or more warranties applicable thereto shall be the sole responsibility of the Company.
You, as well as the Company, agree that, with respect to the relationship between the Company and Apple, Apple is not obligated to consider any claim, made by you or any third party, with respect to the App; including:
1. liability claims for damage caused by the product;
2. claims related to the non-compliance of the offered App with any applicable regulatory or legal requirements;
3. claims arising from the application of regulations set up to protect consumers or weaker parties and similar legal provisions.
You, as well as the Company, agree that, in the event of claims by third parties due to the infringement by the App, or arising out of the use or possession of the App, of intellectual property rights held by the same third parties, as far as the relationship between the Company and Apple is concerned, the Company, and not Apple, is the exclusive party responsible for and burdened with any investigations, defenses, possible settlements, and fulfillments relating to such intellectual property rights infringement claims.
Finally, you represent and warrant that:
1. you are not located in a country that is embargoed by the US Government, or that is reported by the US Government itself as a country “supporting terrorism;”
2. you are not identified on any list drawn up by the US Government concerning persons against whom prohibitions or restrictions are in effect, including the SDN (Specially Designated Nationals) list published by the Office of Foreign Assets Control of the Treasury, or the US Denied Persons List published by the US Department of Commerce.
Without limiting other provisions of this Agreement, in using the App you are required to comply with all applicable contractual terms and conditions with respect to third parties.
You and the Company agree that Apple, and its subsidiaries or affiliates, are third-party beneficiaries with respect to the App End User License Agreement, and that, by your entering into this Agreement, Apple acquires the right (and is deemed to have accepted such right), as a third party beneficiary thereof, to enforce, including on the End User, the rights set forth in this Agreement pertaining to the App End User License Agreement.
This agreement is solely between you and the Company, and not also with Apple Inc. (Apple). The Company, and not Apple, will be solely responsible, within the limits of the Agreement, in relation to the App. In the event that the terms and conditions of this Agreement are less restrictive or in conflict with the terms and conditions of use for licensed applications set forth in the App Store Terms of Service, the latter more restrictive terms and conditions shall prevail over the former.
You may use the App exclusively:
I. on an iPhone, iPad, or other Apple iOS device, authorized, owned, or available;
II. in accordance with and subject to the terms and conditions of use set forth in the App Store Terms of Service.
Should minimum obligations for assistance or support exist under applicable law, the Company, to the extent provided for in this Agreement, and not Apple, shall be obligated to perform such services.
In the event that the App does not conform to one or more warranties applicable to it, you may notify Apple, which will, where required and possible, refund the purchase price of the App and, to the fullest extent permitted by applicable law, Apple will have no warranty obligation with respect to the App. As far as the relationship between the Company and Apple is concerned, any other compensation, loss, burden, damage, cost, or expense attributable to the non-compliance of the App with respect to one or more warranties applicable thereto shall be the sole responsibility of the Company.
You, as well as the Company, agree that, with respect to the relationship between the Company and Apple, Apple is not obligated to consider any claim, made by you or any third party, with respect to the App; including:
1. liability claims for damage caused by the product;
2. claims related to the non-compliance of the offered App with any applicable regulatory or legal requirements;
3. claims arising from the application of regulations set up to protect consumers or weaker parties and similar legal provisions.
You, as well as the Company, agree that, in the event of claims by third parties due to the infringement by the App, or arising out of the use or possession of the App, of intellectual property rights held by the same third parties, as far as the relationship between the Company and Apple is concerned, the Company, and not Apple, is the exclusive party responsible for and burdened with any investigations, defenses, possible settlements, and fulfillments relating to such intellectual property rights infringement claims.
Finally, you represent and warrant that:
1. you are not located in a country that is embargoed by the US Government, or that is reported by the US Government itself as a country “supporting terrorism;”
2. you are not identified on any list drawn up by the US Government concerning persons against whom prohibitions or restrictions are in effect, including the SDN (Specially Designated Nationals) list published by the Office of Foreign Assets Control of the Treasury, or the US Denied Persons List published by the US Department of Commerce.
Without limiting other provisions of this Agreement, in using the App you are required to comply with all applicable contractual terms and conditions with respect to third parties.
You and the Company agree that Apple, and its subsidiaries or affiliates, are third-party beneficiaries with respect to the App End User License Agreement, and that, by your entering into this Agreement, Apple acquires the right (and is deemed to have accepted such right), as a third party beneficiary thereof, to enforce, including on the End User, the rights set forth in this Agreement pertaining to the App End User License Agreement.
6. Updates to the App, Web Application, and Service, and Resulting Changes to This Agreement
Without prejudice to the intent to ensure continuity in the provision of the Service, the Company reserves the right to at any time, unilaterally, and at its sole discretion:
(a) modify, suspend, or terminate the App, the web application, and the Service;
(b) modify or replace this Agreement.
Any changes to the App, web application, and Service will usually occur through a software update. Regarding the App specifically, changes can also be made by making an update available, the installation of which will be necessary to continue using the software. By installing a new version of the App, or otherwise continuing to use the App, web application, or Service, or expressing electronically your consent and acceptance, you agree to the changes made by the Company. If you do not wish to accept the changes made, as your sole remedy, you may, at any time and at no cost, cease using the App, the web application, and the Service.
(a) modify, suspend, or terminate the App, the web application, and the Service;
(b) modify or replace this Agreement.
Any changes to the App, web application, and Service will usually occur through a software update. Regarding the App specifically, changes can also be made by making an update available, the installation of which will be necessary to continue using the software. By installing a new version of the App, or otherwise continuing to use the App, web application, or Service, or expressing electronically your consent and acceptance, you agree to the changes made by the Company. If you do not wish to accept the changes made, as your sole remedy, you may, at any time and at no cost, cease using the App, the web application, and the Service.
7. Warranties
The Company does not guarantee that the App, the web application, and the Service, will always operate without error or interruption. Except as expressly and specifically provided in this Agreement, and to the fullest extent permitted by applicable law, the Company makes no warranties (express or implied) with respect to the App, the web application, and the Service, including, but not limited to, warranties of quality, fitness for a particular purpose, compliance with service levels, or any other implied warranties arising from trade practice or usage.
The Company, again to the fullest extent permitted by applicable law, makes no warranties with respect to the compatibility, including future compatibility, of the App, the web application, and the Service, with particular platforms, hardware devices, and/or operating system releases.
The Company makes no warranties regarding the effects that may occur on the functionality of the App, the web application, and the Service as a result of your installation and/or adoption of third-party software, services, or products. Conversely, no warranty is made with respect to the effects on the functionality of third-party software, services, or products that may occur by reason of the installation and/or use of the App, the web application, and the Service.
The Company, again to the fullest extent permitted by applicable law, makes no warranties with respect to the compatibility, including future compatibility, of the App, the web application, and the Service, with particular platforms, hardware devices, and/or operating system releases.
The Company makes no warranties regarding the effects that may occur on the functionality of the App, the web application, and the Service as a result of your installation and/or adoption of third-party software, services, or products. Conversely, no warranty is made with respect to the effects on the functionality of third-party software, services, or products that may occur by reason of the installation and/or use of the App, the web application, and the Service.
8. Responsibilities
You acknowledge, and agree, that the App, the web application, and the Service are intended for your personal use and are solely subsidiary to other treatment adherence tools that you are required, in any case, to adopt, and are unrelated to any medical, scientific, or professional purpose or scope.
The App, web application, and Service are not medical devices, nor are they designed or intended for use in the diagnosis of disease or other medical conditions, or in the cure, reduction, treatment, or prevention of any disease or illness.The App, the web application, and the Service are intended only to provide you with an additional tool to support you in the management of your treatment adherence, the management of which remains, of course, the sole responsibility of your healthcare professional and the relevant healthcare facilities. In this regard, you are advised that data and communications, including notifications, conveyed through the App, the web application, and the Service may be subject to errors, inaccuracies, delays in updating, or other inadequacies, and that, for this reason, they should be interpreted as indicative only.You must not place any particular reliance on the accuracy and precision of the data and communications, including notifications, conveyed through the App, the web application, and the Service, and, in particular, you must not make, on the basis of the information acquired or conveyed to you, any evaluation or choice that may affect your health, your financial condition, or the safety or health of third parties.
We urge you to scrupulously, and exclusively, follow the medical and treatment instructions communicated to you by your healthcare professional and the relevant healthcare facilities, and to employ all useful solutions to ensure your treatment adherence, cautioning you regarding the exclusively subsidiary role of the Service. Always consult your primary care physician before taking any action pertaining to your health.
The Company will not be liable for any damages resulting from the use, failure to use, or improper operation of the App, web application, or Service.
The Company assumes no responsibility, nor makes any warranty, as to the accuracy, correctness, or timeliness of the data, information, and communications, including notifications, provided through the App, the web application, and the Service and in no event will it be liable for any damages that may result from such circumstances, unless they are clearly caused by willful misconduct or gross negligence.
The Company will never be liable for indirect damages of any kind or nature related to the use of the App, the web application, or the Service.
Without prejudice to the intent to ensure continuity in the provision of the Service, the Company makes no warranties and, to the maximum extent provided by applicable law, shall not be liable in any way, for cases of delays and/or inaccuracies, of data, information, and communications, including notifications, as well as malfunctions, interruptions, and/or suspensions of access to data or the Service, caused by:
(i) misuse by you of the App, the web application, or the Service;
(ii) malfunctions of any kind of the mobile device or personal computer you are using;
(iii) total or partial interruptions, or any inefficiencies, in the services provided by telecommunications operators or any other third-party data transmitter;
(iv) maintenance operations performed by the Company in order to safeguard the efficiency and security of the App, web application, or the Service;
(v) any other cause beyond the Company's control. To the fullest extent permitted by applicable law, you agree that your use of the App, the web application, and the Service, is at your sole risk, in full awareness of the functional limitations of such tools, as outlined in this Agreement, and you accept any and all risks and damages associated with delays and/or inaccuracies of data, information, and communications, including notifications, as well as malfunctions, interruptions, and/or suspensions of access to data or the Service
The App, the web application, and the Service have effective security measures and authentication procedures designed to allow access to data only to those individuals who are entitled to access it. Nevertheless, you are required to exercise the utmost diligence in the safekeeping of the authentication credentials necessary to access the Service, and in the safekeeping of your devices. You are also informed that should you decide, at your discretion, to export data outside the Service, storing them on your devices, documents, and notes, the security measures implemented in the App, the web application, and the Service will no longer be effective to protect your data. You assume all responsibility with respect to the effective safekeeping of your mobile device, the possible usage of other tools (such as access codes or biometric systems) aimed at preventing unauthorized access to the device itself, and you agree that the Company shall in no way, and under no circumstances, be liable for any abusive access to your devices and otherwise caused by inexperience in the management of the device, your authentication credentials, and security codes.
The App, web application, and Service are not medical devices, nor are they designed or intended for use in the diagnosis of disease or other medical conditions, or in the cure, reduction, treatment, or prevention of any disease or illness.The App, the web application, and the Service are intended only to provide you with an additional tool to support you in the management of your treatment adherence, the management of which remains, of course, the sole responsibility of your healthcare professional and the relevant healthcare facilities. In this regard, you are advised that data and communications, including notifications, conveyed through the App, the web application, and the Service may be subject to errors, inaccuracies, delays in updating, or other inadequacies, and that, for this reason, they should be interpreted as indicative only.You must not place any particular reliance on the accuracy and precision of the data and communications, including notifications, conveyed through the App, the web application, and the Service, and, in particular, you must not make, on the basis of the information acquired or conveyed to you, any evaluation or choice that may affect your health, your financial condition, or the safety or health of third parties.
We urge you to scrupulously, and exclusively, follow the medical and treatment instructions communicated to you by your healthcare professional and the relevant healthcare facilities, and to employ all useful solutions to ensure your treatment adherence, cautioning you regarding the exclusively subsidiary role of the Service. Always consult your primary care physician before taking any action pertaining to your health.
The Company will not be liable for any damages resulting from the use, failure to use, or improper operation of the App, web application, or Service.
The Company assumes no responsibility, nor makes any warranty, as to the accuracy, correctness, or timeliness of the data, information, and communications, including notifications, provided through the App, the web application, and the Service and in no event will it be liable for any damages that may result from such circumstances, unless they are clearly caused by willful misconduct or gross negligence.
The Company will never be liable for indirect damages of any kind or nature related to the use of the App, the web application, or the Service.
Without prejudice to the intent to ensure continuity in the provision of the Service, the Company makes no warranties and, to the maximum extent provided by applicable law, shall not be liable in any way, for cases of delays and/or inaccuracies, of data, information, and communications, including notifications, as well as malfunctions, interruptions, and/or suspensions of access to data or the Service, caused by:
(i) misuse by you of the App, the web application, or the Service;
(ii) malfunctions of any kind of the mobile device or personal computer you are using;
(iii) total or partial interruptions, or any inefficiencies, in the services provided by telecommunications operators or any other third-party data transmitter;
(iv) maintenance operations performed by the Company in order to safeguard the efficiency and security of the App, web application, or the Service;
(v) any other cause beyond the Company's control. To the fullest extent permitted by applicable law, you agree that your use of the App, the web application, and the Service, is at your sole risk, in full awareness of the functional limitations of such tools, as outlined in this Agreement, and you accept any and all risks and damages associated with delays and/or inaccuracies of data, information, and communications, including notifications, as well as malfunctions, interruptions, and/or suspensions of access to data or the Service
The App, the web application, and the Service have effective security measures and authentication procedures designed to allow access to data only to those individuals who are entitled to access it. Nevertheless, you are required to exercise the utmost diligence in the safekeeping of the authentication credentials necessary to access the Service, and in the safekeeping of your devices. You are also informed that should you decide, at your discretion, to export data outside the Service, storing them on your devices, documents, and notes, the security measures implemented in the App, the web application, and the Service will no longer be effective to protect your data. You assume all responsibility with respect to the effective safekeeping of your mobile device, the possible usage of other tools (such as access codes or biometric systems) aimed at preventing unauthorized access to the device itself, and you agree that the Company shall in no way, and under no circumstances, be liable for any abusive access to your devices and otherwise caused by inexperience in the management of the device, your authentication credentials, and security codes.
9. Communication
For any type of communication related to the App, the web application, the Service, and/or pertaining to this Agreement, you can contact the Company at the following email address: ASSISTENZA@TERAPIU.IT
10. Withdrawal, Termination of Service, and Deletion of User Account
Notwithstanding the intent to ensure continuity in the delivery of the Service, the Company may, in any case, unilaterally terminate this Agreement, at any time, without prior notice, and without any cost or charge, by terminating the functionality of the App, web application, or the Service.
Equally, you may, at any time, without notice and without incurring any cost, cease using the Service, and/or remove the App from the devices on which it was legitimately installed.
Given the scope of the Service—and also in order to protect your personal data against potentially unjustified retention periods—we warn you that failure to access the Service at least once for a period of time exceeding 150 (one hundred fifty) days will lead to the user account deletion process being initiated for your user account. This process, during which time your user account will still remain active and operating as normal, involves sending a notification, to the email address you provided to us, of the impending termination of your user account if you do not connect to the Service by the final deadline in an additional 30 (thirty) days' time. After that time, when the Service has not been accessed by you, your user account will be permanently deleted, and your data deleted.
Equally, you may, at any time, without notice and without incurring any cost, cease using the Service, and/or remove the App from the devices on which it was legitimately installed.
Given the scope of the Service—and also in order to protect your personal data against potentially unjustified retention periods—we warn you that failure to access the Service at least once for a period of time exceeding 150 (one hundred fifty) days will lead to the user account deletion process being initiated for your user account. This process, during which time your user account will still remain active and operating as normal, involves sending a notification, to the email address you provided to us, of the impending termination of your user account if you do not connect to the Service by the final deadline in an additional 30 (thirty) days' time. After that time, when the Service has not been accessed by you, your user account will be permanently deleted, and your data deleted.
11. Assignment
The Company reserves the right to assign, even partially, to third parties this Agreement and the rights and obligations arising from it at any time, and without any specific consent from the user.
12. Validity of These Provisions
These Terms of Use shall remain in effect until they are superseded by an update or amendment, introduced in the manner provided in this agreement.
In the event that any of the provisions of this Agreement, or any part thereof, is deemed null, voidable, invalid, or ineffective by the judicial authority, or otherwise results in or becomes wholly or partially void or ineffective, such nullity, voidability, invalidity, or otherwise ineffectiveness shall not affect the other provisions of the Agreement, nor, much less, shall it result in the nullity, voidability, invalidity, or ineffectiveness of the entire Agreement. The provision—or part thereof—considered to be null, voidable, invalid, or ineffective shall be construed to be modified, reinterpreted, or supplemented to the extent and in accordance with the meaning necessary for the same to be held admissible in law and adjudged fully valid and effective by the judicial authority, preserving to the greatest extent possible its legal meaning as resulting from this Agreement.
In the event that any of the provisions of this Agreement, or any part thereof, is deemed null, voidable, invalid, or ineffective by the judicial authority, or otherwise results in or becomes wholly or partially void or ineffective, such nullity, voidability, invalidity, or otherwise ineffectiveness shall not affect the other provisions of the Agreement, nor, much less, shall it result in the nullity, voidability, invalidity, or ineffectiveness of the entire Agreement. The provision—or part thereof—considered to be null, voidable, invalid, or ineffective shall be construed to be modified, reinterpreted, or supplemented to the extent and in accordance with the meaning necessary for the same to be held admissible in law and adjudged fully valid and effective by the judicial authority, preserving to the greatest extent possible its legal meaning as resulting from this Agreement.
13. Failure to Exercise Rights
The Company's failure to exercise, delay in exercising, or partial exercise of any of its rights arising or remedies provided for in this Agreement or by law shall not affect or constitute a waiver of the right or remedy in question, nor the full exercise thereof, nor shall it affect or constitute a waiver of any other existing rights or remedy.
14. Applicable Law and Jurisdiction
This Agreement is governed by Italian law. The Company may, at its discretion, also make this document available in a language other than Italian. You are fully aware and agree that any such translation will be provided for illustrative purposes only and that the Italian language version will govern your relationship with the Company. Any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the Court of Milan, Italy.
Pursuant to and in accordance with Articles 1314 and 1342 of the Italian Civil Code, the User expressly declares that they have read and accept the contents of the following articles:
- 1 (Acceptance of Terms of Use),
- 2 (Eligibility and Access Requirements),
- 4 (Data Security and Service Use Limits),
- 5 (iOS Agreement),
- 6 (Unilateral Modification and Termination of the Service),
- 7 (Exclusions and Limitations of Warranty),
- 8 (Exclusions and Limitations of Liability),
- 10 (Withdrawal, Termination of Service and User Account),
- 11 (Assignment),
- 14 (Applicable Law and Jurisdiction)
