General Terms and Conditions

 

These General Terms and Conditions (hereinafter referred to as ” GTC” ) the relations of the contracting parties are regulated by the purchase contract concluded between the company MINDPAX s.r.o. , ID number: 04153359, VAT number: CZ04153359, with registered office at Branická 26/43, Braník, 147 00 Prague 4, registered in the commercial register maintained by the Municipal Court in Prague, file number C 270848 (hereinafter only ” Mindpax “), and by the buyer – consumer (hereinafter referred to as the ” Buyer “) about the purchase of the Mindpax M2 medical device.

These GTC form an integral part of the purchase contract for the purchase or order of the Mindpax M2 medical device (the ” Contract “).

PRODUCT INFORMATION

With respect to the Mindpax M2 service, the subject of the purchase agreement is a subscription to the Mindpax M2 service, including the provision of customer support. The subscription is valid for the period chosen by the buyer when placing the order.

Mindpax M2 is a medical device for long-term and continuous disease monitoring of patients with psychiatric diseases in order to provide psychoeducational suggestions to increase their competence in self-management, prevent relapse and prolong the period of remission (” Mindpax M2 “). In patients diagnosed with schizophrenia (F2X), the Mindpax M2 monitors the symptoms of the disease using early warning symptom questionnaires completed by patients and carers. For patients diagnosed with a mood disorder (F3X), the Mindpax M2 monitors disease symptoms using an activity tracking sensor and questionnaires filled out by patients.

The Mindpax M2 system consists of several components. The Mindpax mobile application (” Application “) functions as a system for transmitting data from the motion sensor and collecting data from the user. It also provides the user with feedback on their activity, personalized educational content and allows them to share information with the doctor. Requirements for technical and software equipment for using the Application are specified in the user manual. An Internet connection is required to use it.

The Mindpax motion sensor is an actigraphic device in a small, light and waterproof bracelet with a battery. The Mindpax motion sensor (wristband) transmits information about the user’s activity to the Mindpax Application.

The Mindpax app allows the user to share data with their doctor, provided the doctor or medical facility is a Mindpax M2 user.

Mindpax M2 is not a substitute for medical care, does not serve to diagnose or prescribe treatment for health problems. During treatment, it is always necessary to proceed according to the doctor’s recommendations. If you are concerned about your health, you should seek the advice of a specialist doctor. In the event of an emergency, it is necessary to contact the emergency services immediately.

CONCLUSION OF CONTRACT

The contract is concluded in writing in the personal presence of both parties, remotely by sending paper copies or electronically by means of remote communication.

In the case of a contract concluded at a distance, the Buyer fills in and signs the order or purchase contract and sends it to Mindpax at the email address info@mindpax.me or to the address MINDPAX s.r.o., Branická 26/43, 147 00 Prague 4. The contract is concluded by confirming the purchase contract or order By Mindpax.

The costs of remote communication when concluding the Agreement (e.g. internet connection) are borne by the buyer. The costs do not differ from the standard rate of the relevant provider.

On the basis of the Agreement, Mindpax undertakes to deliver the goods to the buyer and to transfer the ownership right to the goods and to provide the buyer with the services specified in the Agreement; the buyer undertakes to pay Mindpax the purchase price and take over the goods/service.

The contract can be concluded in Czech and English. The concluded Contracts are archived by Mindpax in the form in which they were concluded and are not publicly accessible.

PRICE

The price is specified in the Contract. The price is final, i.e. including VAT and other possible taxes and fees that the buyer is obliged to pay for the product. Shipping fees are charged at an amount dependent on the variant chosen by the Buyer specified in the Contract or order.

SUBSCRIPTION

A subscription is a payment for using the Mindpax Application. The subscription is negotiated for an indefinite period. Before the end of the prepaid period, the buyer will be informed and asked to pay the subscription for the next period. The subscription is non-refundable and can be terminated by both parties at the end of the prepaid period.

In case of non-payment of the subscription for the next period, Mindpax is entitled to interrupt the provision of paid services in the Mindpax application. Mindpax will restore access to the paid services of the Mindpax App upon receipt of payment of the subscription. If the additional subscription for the next period is not paid within 1 month from the end of the previous subscription period, the Agreement is terminated on the last day of this period.

In order to fully use the services of the Mindpax Application, in the case of some diagnoses, it is also necessary to purchase a Mindpax motion sensor (wristband). The application is not compatible with other “smart” bracelets or watches.

Mindpax is entitled to suspend or terminate the services of the Mindpax Application in the event that the use of the Mindpax Application violates the terms of use of the Mindpax Application, use contrary to the instructions for use, or violations of the Agreement or these GTC.

MOTION SENSOR (BRACELET)

The lifetime of the wristband is limited by battery life, which may vary depending on how the wristband is used. With normal use, the battery has a lifespan of approximately 6 months. The battery can be replaced by authorized persons.

Mindpax s.r.o., Branická 26/43, Prague 4, 14700, for battery replacement orders, please contact our support at info@mindpax.me .

CHANGES

Mindpax reserves the right to change, expand or remove the features of the Mindpax M2 service, or change the design or structure of the Application or modify the algorithms for legitimate reasons, in particular to improve or expand the Mindpax services, adapt in response to user feedback, progress in science or research, adapt to current to user requirements and standards for applications, improving the security of the Application, adaptation to legal requirements or new methods or purposes of use, changing the product or pricing model of Mindpax, etc., as long as this does not incur additional costs for the user. Mindpax will notify you of changes to the Application sufficiently in advance.

PAYMENT

Mindpax accepts payments by wire transfer to Mindpax’s account.

The price is payable within 5 days from the conclusion of the Contract. The next subscription is always due by the last day of the previous subscription period.

The invoice will be sent to the buyer in electronic form by e-mail.

If the buyer withdraws from the purchase agreement or if the amount is refunded to the buyer for any other reason, Mindpax will refund the funds received from the buyer under the purchase agreement in the same way. Buyer is responsible for providing correct and accurate information for refund.

DELIVERY

After payment of the purchase price, the buyer can pick up the motion sensor at the Mindpax headquarters at Branická 26/43, Braník, 147 00 Prague 4, or it will be delivered for a fee to the address specified by the buyer.

The Mindpax app is installed by buyers from Google and Apple stores. The subscription is activated after Mindpax receives payment from the buyer.

The buyer agrees that the subscription will be started before the expiry of the period for withdrawing from the purchase contract.

The risk of damage passes to the buyer at the moment of acceptance of the goods.

If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the Contract, the buyer is obliged to pay the costs incurred in this way.

LIABILITY FOR DEFECTS

Mindpax is responsible for ensuring that the goods are free of defects upon receipt by the buyer. In particular, Mindpax responds that at the time of acceptance by the buyer of the goods:

1. 1. 1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
      2. is suitable for the purpose for which the buyer requires them and to which Mindpax has agreed, and
      3. is supplied with agreed accessories and instructions for use, including instructions for assembly or installation.

In addition to the agreed properties, Mindpax is responsible for the fact that the goods

1. 1. 1. is suitable for the purpose for which a thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
      2. quantity, quality and other properties, including durability, functionality, compatibility and safety, corresponds to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by Mindpax or another person in the same contractual chain, in particular advertising or labeling,
      3. is supplied with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and
      4. corresponds to the quality or performance of the sample or template that Mindpax provided to the buyer before the conclusion of the Agreement.

The above does not apply if the buyer has been informed of some of the product’s features (in particular, the limitation of battery life and the movement sensor in the bracelet).

If a defect becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect. The buyer is entitled to exercise the right to defect within 24 months of taking over the products.

If the goods have a defect, the buyer can request its removal. According to his choice, he can demand the delivery of new goods without defects or repair, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. This will be assessed in particular with regard to the importance of the defect, the value that the goods or services would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer. Mindpax can refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the importance of the defect and the value that the goods would have without the defect.

The Buyer may request a discount or withdraw from the Contract if:

• • • • • Mindpax refused to remove the defect or did not remove it in accordance with the previous paragraph,
        • the defect manifests itself repeatedly,
        • the defect is a material breach of the Contract, or
        • it is apparent from Mindpax’s statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

However, the buyer cannot withdraw from the Contract if the defect is insignificant.

If the buyer withdraws from the contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.

LIABILITY FOR DEFECTS IN DIGITAL CONTENT

In the event that the subject of the Agreement is the provision of digital content, Mindpax is responsible for ensuring that the digital content:

1. 1. 1. corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability and other agreed properties
      2. is suitable for the purpose for which the user requests it and with which the provider has agreed
      3. is provided with agreed accessories and instructions for use, including installation instructions, and with user support

Mindpax further responds that in addition to the agreed properties, the digital content is:

1. 1. 1. suitable for the purpose for which digital content of this kind is usually used, including with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
      2. scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, corresponds to the usual characteristics of digital content of the same kind that the buyer can reasonably expect, even with regard to public statements made by Mindpax or another person in the same contractual chain, in particular advertising or designation,
      3. supplied with accessories and instructions for use that the buyer can reasonably expect,
      4. corresponds to a trial or preview made available by Mindpax prior to the conclusion of the Agreement.

Mindpax is also liable to the buyer for a defect caused by improper installation by the buyer, if the defect is due to a lack of instructions provided by Mindpax or the digital content provider.

Mindpax warrants that the digital content is free of defects for the duration of the commitment. Mindpax will provide updates necessary to ensure that the Digital Content is provided without defects throughout the term of the Commitment. The buyer will be notified of the need for an update if the update is not performed automatically.

If the buyer did not perform the update in a reasonable time, he has no rights from a defect that arose only as a result of the failure to perform the update. This does not apply if the buyer was not notified of the update or the consequences of not performing it, or did not perform the update or performed it incorrectly due to a deficiency in the instructions.

Mindpax is not responsible for defects caused by inadequate technical or software equipment or network connection for accessing or using the digital content necessary for the proper functioning of the digital content, if the buyer has been notified of them in advance.

To verify whether the defect occurred as a result of an unfavorable digital environment, the buyer will provide Mindpax with the necessary cooperation to the extent that can be reasonably requested. The obligation to cooperate is limited to technically available means that are as least disruptive to the buyer as possible. If the buyer refuses to cooperate, even though he was clearly and comprehensibly instructed about this obligation and the consequences of its violation before concluding the Agreement, the obligation to prove that the digital content is defective is transferred to the buyer.

The buyer can complain about a defect that manifests itself in the digital content or occurs during the duration of the obligation.

If the digital content has a defect, the buyer may request its removal, unless it is impossible or disproportionately expensive to do so; this will be assessed in particular with regard to the significance of the defect and the value that the digital content would have without the defect. Mindpax will remedy the defect within a reasonable time after it is pointed out so as not to cause significant inconvenience to the buyer, taking into account the nature of the digital content and the purpose for which the buyer requested it.

The Buyer may request a discount or withdraw from the Contract if:

• • • • • Mindpax has not rectified the defect or it is apparent from Mindpax’s statement or from the circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the buyer,
        • the defect manifests itself repeatedly,
        • the defect is a material breach of the Contract, or

However, the buyer cannot withdraw from the Contract if the defect is insignificant.

Mindpax will refund the buyer a proportionate part of the unused subscription or discount provided within 14 days of exercising the right of withdrawal or discount.

COMPLAINT

The buyer inspects the shipment upon receipt. If the shipment is incomplete or damaged, he may refuse to accept it. Incomplete or damaged deliveries must be reported immediately by email to info@mindpax.me and the damage must be described in a damage report drawn up with representatives of the shipping company and sent to Mindpax by email or post without undue delay.

If the buyer discovers damage to the shipment at a later date, he must immediately notify Mindpax at info@mindpax.me and follow Mindpax’s instructions. Mindpax may require the buyer to send photos of the damaged shipment/goods. Carriers have very short deadlines for claiming damages during transportation, and some carriers only allow the addressees of the shipment to file a claim.

Complaints can also be made with Mindpax by sending the goods to the address

MINDPAX s.r.o

Branická 26/43,

147 00 Prague 4.

We recommend attaching a copy of the invoice, a description of the defect, the identification and contact details of the buyer and the requested method of processing the claim to the shipment with the claimed goods. The goods must be packed in such a way that they are not damaged.

Complaints about digital content can be made by email at info@mindpax.me. In the email, we recommend that you include a description of the defect, the invoice, the buyer’s identification data and a contact phone number. We also recommend attaching a screenshot that shows the problem being claimed.

After delivery of the complaint, Mindpax will issue a written confirmation to the buyer containing the date when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requires and contact details for information on the handling of the complaint. Mindpax will send confirmation of the claim submission to the buyer by email.

Mindpax will handle the claim within 30 days from the date of delivery of the claim, unless a longer period is agreed upon with the Buyer. Mindpax informs the buyer about the method of settlement of the complaint within this period. Complaints about digital content must be handled within a reasonable time, taking into account the nature of the digital content and the purpose for which the buyer requested it.

After the expiration of this period, the buyer is entitled to withdraw from the Contract or request a discount.

In the event of a justified complaint, the buyer has the right to reimbursement of reasonable costs associated with the complaint, in particular the payment of postage. If the Buyer does not exercise the right to compensation for damages within one month of the expiration of the period in which the defect must be claimed, the court will not grant this right if Mindpax objects that the right to compensation for damages was not exercised in time.

The right from defective performance does not exclude the right to compensation for damages; however, it is not possible to demand what can be achieved by exercising the right from defective performance for another legal reason.

After handling the complaint, Mindpax will issue a written confirmation to the buyer containing information on the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

After settlement, Mindpax will send the goods back to the buyer at the specified contact address, if the claim was settled by repairing or replacing the goods. If the buyer does not accept the shipment, Mindpax is entitled to charge a fee of CZK 50/day for the storage of the goods.

In the event of a discount or withdrawal from the Contract, Mindpax will return the funds to the buyer’s account from which the goods were paid for by the buyer, unless the buyer provides Mindpax with a different bank connection.

CESSION

The buyer can withdraw from the contract by remote means within a period of 14 days. The period specified in the first sentence begins to run on the day following the day of receipt of the goods. In order to comply with the deadline for withdrawing from this Agreement, it is sufficient to send the withdrawal before the expiry of the relevant deadline.

The Buyer may withdraw from the Contract concluded by remote means in any way, from which his intention to withdraw from the Contract is clear. The buyer can send a message to the e-mail: info@mindpax.me or to the address of Mindpax headquarters to withdraw.

In case of withdrawal from the Contract, the Buyer is obliged to return the goods to Mindpax, at the Buyer’s expense and without undue delay, but no later than 14 days after the withdrawal. The Buyer sends the returned goods to the address of MINDPAX s.r.o., located at Branická 26/43, Braník, 147 00 Prague 4. The deadline is kept if the Buyer sends the goods on the last day of the deadline.

The goods must be returned complete, i.e. together with the supplied accessories and complete documentation, undamaged, clean, in the original packaging (if possible). The buyer is only responsible for the decrease in the value of the goods that occurred as a result of handling the goods in a way other than what is necessary to familiarize himself with the nature, properties and functionality of the goods.

We recommend that the Buyer sends the goods to the address of Mindpax together with a covering letter stating the reference number of the proof of purchase so that the case can be dealt with promptly. Alternatively, the Buyer may include in the shipment a copy of the withdrawal previously sent to Mindpax.

Mindpax will return to the Buyer all monies received from the Buyer. If the Buyer has chosen a different method of delivery than the cheapest method offered by Mindpax, Mindpax will reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered. The refund will be made without undue delay, but no later than 14 days after withdrawing from the Contract, using the same method of payment as agreed in the Contract. Mindpax will return the money received to the Buyer in another way only if the Buyer has agreed to it and if it does not incur additional costs.

Mindpax is obliged to refund the money only after the goods have been returned to Mindpax or after the Buyer proves that the goods have been sent to Mindpax.

The Buyer may not withdraw from the Contract in the case of delivery of digital content (delivered other than on a physical medium), if with the prior express consent of the Buyer, performance was started before the expiry of the withdrawal period.

PROTECTION AND SECURITY OF PERSONAL DATA

The privacy policy is available here.

OUT OF JUDICIAL RESOLUTION OF DISPUTES AND CONTROL BODIES

According to the provisions of § 20d of Act No. 634/1992 Coll., on consumer protection, the buyer has the right to an out-of-court settlement of a consumer dispute with Mindpax arising from a purchase contract, if it is not about medical products and medical devices.

Czech Trade Inspection, Central Inspectorate – ADR Department with registered office Štěpánská 567/15, 120 00 Prague 2, ID: 00244786. ID 000 20 869, Internet address: http://www.coi.cz, e-mail: adr@coi .cz, is responsible for the out-of-court settlement of consumer disputes arising from purchase contracts.

http://ec.europa.eu/consumers/odr may be used to resolve disputes between Mindpax and the Buyer under the Agreement .

An out-of-court settlement of a dispute is initiated at the request of the buyer, which can be filed no later than 1 year from the day the buyer first asserted his right (which is the subject of the dispute) against Mindpax.

However, Mindpax recommends that the buyer first contact Mindpax and resolve the situation.

The control body that oversees Mindpax’s activities in the field of dispensing medicinal products and medical devices is:

State Institute for Drug Control

Address: Šrobárova 48, 100 41 Prague 10

Phone number: +420 272 185 111

e-mail: posta@sukl.cz

www: http: //www.sukl.cz

Mindpax is the responsible person in relation to the State Institute for Drug Control.

FINAL PROVISIONS

These GTC do not apply to cases where the person intending to purchase products from Mindpax is a legal entity or a person acting in the course of their business or independent profession.

The wording of these GTC may be changed by Mindpax, for example due to a change in the method of conclusion of the Contract, payment options, delivery options, change of product range, modification of liability, change or extension of functions, change of legislation, changes in assessment of defects and liability for defects, etc. New wording of GTC with changes will be published by Mindpax at least 30 days in advance on its website www.mindpax.me . If the buyer does not agree with the change, he is entitled to terminate the Agreement on the effective date. The rights and obligations arising during the period of validity of the previous version of the general terms and conditions are not affected.

The contract is governed by Czech law. The purchase contract can be concluded in the Czech language.

These GTC and their parts become valid and effective on 04/01/2024 and are available at Mindpax headquarters or online at www.mindpax.me.