Application Terms of Use

About Mindpax

Welcome to Mindpax M2 platform. The following terms and conditions (hereinafter referred to as the “Terms of Use”) form part of the agreement between you (hereinafter referred to as “you”, “your” or “User”) and MINDPAX s.r.o., Ident. No. 04153359, VAT Reg. No. CZ04153359, with its registered office at Branická 26/43, Braník, 147 00 Praha 4, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 270848 (hereinafter referred to as “Mindpax”, “we”, “our” or “us”).

Mindpax M2 is a medical device designed to support self-management of affective and psychotic disorders. Mindpax M2 consists of: (a) mobile applications Miu.me for patients with affective disorders and Sigma.me for patients with psychotic disorders (each of the applications hereinafter referred to as “Mindpax App“), (b) website application providing access to and monitoring of User data by User’s clinician (“Virtual Clinic”), and (c) data services that provide and permit the access, collection, storage, processing, analysis and/or transmission of data. For affective disorders, Mindpax M2 also comprises a Mindpax activity sensor in the form of a wristband (“Mindpax Sensor”).Mindpax App, Mindpax Sensor, data services, or Virtual Clinic hereinafter together referred to as  “Mindpax Services“.

The Mindpax App is available as an application for download at the Apple® App Store or Google Play or at other locations we indicate to your mobile phone and works as a data transmission system for data collected by the Mindpax Sensor, and as a source of data filled in by the User in the Mindpax App. It provides the User with feedback on the monitoring to assist in management of User’s medical condition and enables the User to share information with their clinician. In case of affective disorders, Mindpax App also offers personalized education content following a period of use that may take several months to collect enough data from the User. Until such time, the education content is not personalized.  In case of psychotic disorders, the Mindpax App provides early-sign warnings about a risk of relapse.

In order to enjoy full functionality for affective disorders patients, Mindpax App, must be used together with the Mindpax Sensor for collecting actigraphy data.

These Terms of Use also set forth the agreement between you and any Mindpax subsidiaries or any Mindpax group companies, including Mindpax GmbH.

You must be at least 18 years old if you wish to use the Mindpax Services.

Your use of the full functionality of the Mindpax Services requires your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use or access any part of the Mindpax Services.

Mindpax Services and Monitoring System

The Mindpax Services involve Mindpax M2 monitoring system that provides continuous monitoring information of the User (patient) for long term disease management to increase their competence in self-management, relapse prevention and prolongation of remission time. Users (patients) receive feedback on their monitoring data to support self-management.

For patients diagnosed with a psychotic disorder (F2X), Mindpax M2 is monitoring disease symptoms using self-report questionnaires filled in by patients in the Mindpax App. For patients diagnosed with an affective disorder (F3X), Mindpax M2 is monitoring disease symptoms using an activity Sensor and self-report questionnaires.. Mindpax M2 service is provided through the Mindpax App. Use of Mindpax Services is subject to fees.

Users may share information collected and processed by Mindpax M2 with their clinicians to support diagnosis and therapy decisions.

If you want to learn more detailed information about Mindpax M2 monitoring system, please follow the link: https://mindpax.me.  

No Medical Advice, Diagnoses or Health Care Services

Please be aware that we provide the Mindpax Services solely for information and decision support purposes. It is not a medical consultation.

The Mindpax Services do NOT provide diagnoses for medical conditions, nor do they prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional, including a psychiatrist. If you do have any medical issues related to the information processed by the Mindpax Services, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

The Services are not intended to provide treatment decisions or to be used as a substitute for professional healthcare advice.

Users may share data with their clinician at their own risk, however, such sharing does not substitute health care services, and you shall remain responsible for seeking medical advice and managing your health and symptoms.

Please seek the advice of a medical professional if you are concerned about your health. In case of an emergency, you should contact the emergency services immediately. Always consult your clinician or other qualified healthcare provider if you have any questions regarding any medical issues. You should never disregard a clinician’s professional advice or cancel an appointment with a clinician because you are relying on information you have read or heard in the Mindpax Services.

You are solely responsible for any decisions or actions you take based on the information and materials available while using the Mindpax Services. Do not use information from Mindpax Services for making a decision about your health if information obtained from Mindpax Services does not correspond to your subjective perception of your state. If you are concerned about your health, contact your clinician.

Use of Mindpax M2 in Scientific Research

If you were assigned Mindpax M2 for use as a participant of a scientific research or studies conducted by us or by a third party, the manner of use of the Mindpax App may differ from description provided in these Terms of Use. For example, you may be required to wear and use the Mindpax Sensor even if you are diagnosed with a psychotic disorder. In such a case, your use of Mindpax App is also regulated by any documents and instructions you were provided with in the course of your participation in the research or study.

Use of Your Information

Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is important to us. Therefore, any of your Personal Data generated by the use of the Mindpax Services will only be collected, stored and processed by us in compliance with the General Data Protection Regulation 2016/679 of April 27th, 2016 (“GDPR”). Please read our Privacy Policy to understand how, and for what purposes, we collect and use your data to provide you with the best possible service.

If you use the Mindpax Services connected with your healthcare provider, your healthcare provider will have access to your data entered into or collected through the Mindpax App. Mindpax is in no way responsible for any processing of your data conducted by healthcare providers. Please closely review Privacy Notice for more information regarding how Mindpax use and disclose your personal information.

User Account and Data Connection

Before using the Mindpax App, you will first need an Apple ID or a Google account. You can then download the Mindpax App from the Apple Store or Google Play Store (hereinafter referred to, individually or collectively, as “App Store”) to your mobile device with Mindpax supported operating system available in the Instructions for  Use of Mindpax Services requires access to internet. The Mindpax App is not compatible with other smart watches or bands than the Mindpax Sensor provided by Mindpax.

After downloading the Mindpax App you can register with the Mindpax Services by setting up a User account with a username and password (hereinafter referred to as “User Account”). You need to confirm your registration by clicking into the reference link sent to your email. Afterwards, your registration into your Mindpax App User Account is completed and you may sign-in by entering your email address and password and log into your User Account.

Registration into your User Account and confirming your agreement with the Terms of Use constitutes your binding agreement to be bound by these Terms of Use. By using, accessing or otherwise utilizing the Mindpax Services EVEN IF YOU DO NOT SET UP A USER ACCOUNT, you accept, acknowledge and avail yourself to these Terms of Use.

We will save the contractual text of the agreed Terms of Use. The text of the Terms of Use is accessible and can be displayed from the Mindpax App. The contract can be concluded in English, Czech and German.

When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information, you will promptly notify us of such changes by updating the information.

If you have forgotten your username or password, Mindpax will use an email address provided by you to send you password change link and instructions. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately. Please note that Mindpax never contacts you requesting to confirm your username and password or other details.

You may also interconnect your User Account data with your healthcare provider and share your personalized data with them by inserting the unique code which has been provided to you by your healthcare provider.  

If you are using the Mindpax App for affective disorders management, you need to pair your Mindpax Sensor with your mobile device through Bluetooth in accordance with the instruction set forth in the Mindpax App. Once the wristband is connected with the Mindpax App, your actigraphy data (objective actigraphy markers) are transmitted to the Mindpax App and to Mindpax via a secure internet connection for objective actigraphy markers calculations. The calculated data are then displayed directly in the Mindpax App under your User Account, and on the Virtual Clinic  (provided you have shared your data with your healthcare provider). For more information please see our Privacy Policy.

You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us immediately by emailing dpo@mindpax.me.

Your Right to Use the Mindpax Services

The Mindpax Services and all materials and content contained therein are our property or the property of third parties who have granted us applicable licenses (this also applies to the third-party software listed in the Mindpax App). We grant you the right to use these materials and content, but only for the purposes of using the Mindpax Services, for your personal purposes and always in accordance with these Terms of Use.

We grant you the right to personally access and use the Mindpax Services. Mindpax provides you a non-exclusive and non-transferable license to use the Mindpax App for the purpose of monitoring your medical condition according to the Intended use. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the Mindpax Services does not preclude us granting other persons the right to access the Mindpax Services.

Your right to access and use the full range of Mindpax Services is limited to the period of your subscription and may depend on your purchase of the Mindpax Sensor (where applicable). License fees for any license provided under these Terms of Use are included in the subscription fees. You need to have an active User Account in the Mindpax App in order to activate the subscription.

These Terms of Use do not give you any right to use the name “Mindpax” or any trademarks, logos, domain names or other characteristic trademarks whatsoever.

As the User, unless such behaviours are appropriately permitted in accordance with these Terms of Use or unless permitted under mandatory copyright law where necessary for the use of the Mindpax Services in accordance with its intended use and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following: 

1. 1. 1. you agree not to replicate or copy the Mindpax Services, either in whole or in part, it is not allowed to copy any content in the Mindpax App, and dissemate the copies.
      2. you agree not to sell or otherwise make available the Mindpax Services, either in whole or in part, to anyone else.
      3. you agree not to modify the Mindpax Services, in whole or in part, in any way whatsoever.
      4. you warrant that you will not attempt to discover or access the source code of the Mindpax Services, in whole or in part, unless it has been expressly published by us and released into the public domain.

You are aware that we, and/or the third parties who have granted us a license in this respect, are entitled to any confidential information, rights of use, exploitation and recovery – and any other intellectual property rights fully or partially existing – regarding the Mindpax Services.

Feedback/surveys

If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms of Use, our Privacy Policy and any other applicable laws.

Rules for Use of the Mindpax Services

In addition to the other provisions in these Terms of Use, this section defines certain rules relating to the use of the Mindpax Services.

The following is a list of activities that are prohibited in the context of using the Mindpax Services. You are prohibited to:

1. 1. 1. Circumvent, disable, or otherwise manipulate any of the Mindpax Service’s security features or any features preventing or restricting the use or copying of the content that is available via the Mindpax Services,
      2. Create multiple User Accounts on the Mindpax Services,
      3. Provide false or misleading information in the User Account details,
      4. Allow anyone else to use the Mindpax Services on your behalf or in your place,
      5. Use the Mindpax Services if we have temporarily suspended your right of use, or forbidden you to continue using it,
      6. Send junk mail, spam or repeated messages,
      7. Act in any unlawful or illegal manner,
      8. Modify, interfere with, hack or disrupt the Mindpax Services, or to intercept messages,
      9. Misuse the Mindpax Services or infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the Mindpax Services or any other user of the Mindpax Services equipment,
      10. Extract data from the Mindpax Services except as permitted under these Terms of Use,
      11. Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence.

The non-compliance with these rules listed above represents a material breach of these Terms of Use, and may result in the immediate, temporary suspension or permanent withdrawal of the right to access the Mindpax Services or taking any further action in accordance with these Terms of Use and/or statutory law without any right to refund. 

Defects & Complaints

Mindpax is responsible that the digital content forming part of Mindpax Services conform to these Terms of Use, especially as to the description, scope, quality, functionality, compatibility, interoperability and other features, purpose, and is provided with instructions for use, including installation instructions, and user support as per these Terms of Use.

In addition to the above agreed features, Mindpax is responsible that the digital content is

1. 1. 1. suitable for the purpose for which digital content of this kind is normally used, including with respect to third party rights, legislation, technical standards or industry codes of conduct, if there are no technical standards,
      2. it is consistent in scope, quality and other performance characteristics, including functionality, compatibility, accessibility, continuity and security, with the usual characteristics of digital content of the same type that the buyer can reasonably expect, including in light of public statements made by Mindpax or any other person in the same contractual chain, in particular advertising or labelling,
      3. provided with such accessories and instructions for use as the purchaser may reasonably expect,
      4. corresponds to a trial version or preview made available by Mindpax prior to conclusion of these Terms of Use.

You may raise a complaint about defects in the digital content by emailing info@mindpax.me. In the email, we recommend including a description of the defect, the invoice, identification information of the person who purchased the subscription, and a contact phone number. We also recommend attaching a screenshot showing the problem.

Mindpax will process the complaint without undue delay, within 30 days at the latest. Mindpax will issue a confirmation to the User of the receipt and resolution of the complaint.

In order to settle the complaint, Mindpax may require additional information and cooperation from the User to verify the validity of the complaint. If the User does not provide cooperation to verify that the defect is not due to inadequate technical or software equipment or internet connection, it is the User’s responsibility to prove the defect of the Mindpax App.

If the claim is accepted, Mindpax will remedy the defect unless the User expressly requests other resolution allowed by legal regulations.

Mindpax shall not be liable for defects caused by inadequate technical or software equipment on the part of the User or network connection to access or use the Mindpax App.

Maintenance

From time to time Mindpax may temporarily suspend the operation of Mindpax Services in part of in full in order to perform necessary maintenance. Temporary unavailability of service due to maintenance is not a breach of these Terms of Use and does not give rise to any claims on the part of the User, such as for defects, damages or refund. Unavailability due to maintenance will be announced in advance in the Mindpax App.

Termination & Suspension

Mindpax may terminate or suspend your access to all or any part of the Mindpax Services at any time if you fail to comply with these Terms of Use. This may result in the forfeiture and destruction of all information associated with your User Account and will immediately terminate your ability to use the Mindpax Services in any way.

If you wish to terminate your User Account, you may do so via logging into your User Account and deleting your User Account or by contacting us through the contact form. All provisions of the Terms of Use, which by their nature should survive termination, shall survive the termination of your User Account.

You may terminate your use of any Mindpax Services by ceasing your use of the Mindpax Service. You may terminate your use of the Mindpax App also by deleting it from your mobile device. You are not obligated to continue using any Mindpax Services whether you terminate or not.

If your User Account is inactive for more than 36 months, we will contact you to check whether you wish to continue using Mindpax Services. If you then leave your User Account unused for another 3 months, we will delete your User Account and terminate your use of the Mindpax Services. We will not delete your User Account as long as you have a valid subscription.

If your use of a Mindpax Services is terminated for any reason, (a) we may retain all of your Personal Data (as defined in the Privacy Policy) associated with your use of a Mindpax Services for which you are registered for the relevant retention period or delete or anonymise them as long as it is required or permitted by applicable law and (b) your rights to use the Mindpax Services will terminate.

If your use of a Mindpax Service is terminated for any reason, we may, without liability to you or any third party, immediately deactivate or delete your user name, password and User Account, and all associated materials (including Personal Data), without any obligation to provide any further access to such materials.

No compensation or refund will be provided in connection with withdrawal from, termination or suspension of the Mindpax Services for any reason unless refund is required by applicable legal regulations, and Mindpax shall not be liable for any damages resulting therefrom.

Third-party Services

If, and to the extent that, our Mindpax Services contain links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.

We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any damages that you may incur as a result of, or in connection with, the use of such websites or resources.

You understand that the availability of the Mindpax App is dependent on the third-party where you downloaded the Mindpax App (the App Store). You are aware that these Terms of Use apply to the contractual relationship between you and Mindpax, not to your contractual relationship with the App Store.

Mindpax Service Updates

We are constantly updating and improving the Mindpax App and all Mindpax Services. We also make improvements and updates to keep abreast of changing technologies.

We will provide updates that are necessary for continuous operation of Mindpax Services for the duration of your subscription for Mindpax Services. No other updates are guaranteed.

We reserve the right to change, expand or remove features of Mindpax Services, or change the design or structure of the Application, or modify algorithms, for legitimate reasons, including but not limited to improving or expanding the Application, response to user feedback, advances in science or research, adapting to current user requirements and application standards, improving the security of the Application, adapting to legal requirements or new uses or purposes, changes in Mindpax’s product or pricing model, etc, provided that this does not incur additional costs for the User. We will inform you of the changes and your rights in the case of changes by separate notification through Mindpax App or email you provided to us.

Support

Mindpax offers email-based and online support tools. You may access support resources or contact our support by sending email at info@mindpax.me.

Mindpax may direct you to obtain support from third party service providers.

Changes to these Terms of Use

The wording of these Terms of Use may be amended by Mindpax, whereas the rights and obligations arising within the period of validity of the previous version of the Terms of Use are not affected. We may amend the Terms of Use especially when the scope or features of Mindpax Services change, when there is a change in legal regulations, or when other conditions of these Terms of Use need to be changed to reflect the nature of the Mindpax Services or address any risks. You will be informed about new wording of the Terms of Use through Mindpax App or by email at least 30 days prior to the effective date of the new wording of the Terms of Use.

If you do not agree with the changes you may terminate your contract as of the date when the new version of the Terms of Use becomes effective. Otherwise, you are deemed to have accepted and agreed to be bound by any changes to these Terms of Use when you use the Mindpax Services after those changes became effective.

Older versions of the Terms of Use no longer apply to our contractual relationship and are entirely replaced by the current version.

Out-of-court Settlement of Disputes and Controlling Authorities

Pursuant to the provisions of Section 20d of Act No. 634/1992 Coll., On Consumer Protection, you have the right to out-of-court settlement of a consumer dispute with Mindpax arising from your use of the Mindpax Services, unless it concerns medical products and medical devices.

The Czech Trade Inspection Authority, Central Inspectorate – Department ADR with its registered office at Štěpánská 567/15, 120 00 Prague 2, Id. No. 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.

You can also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr to resolve disputes between you and Mindpax arising from the use of Mindpax Services.

Out-of-court settlement of a dispute is initiated at the motion of the User that may be submitted no later than 1 year from the date on which the User exercised its right (which is the subject of the dispute) for the first time against Mindpax.

Mindpax, however, recommends you to first contact Mindpax to address the situation.

The official contact e-mail address is info@mindpax.me.

The controlling authority that supervises the activities of Mindpax with regard to the dispensing of medical products and medical devices is:

State Institute for Drug Control

Address: Šrobárova 48, 100 41 Prague 10

Phone No.: +420 272 185 111

e-mail: posta@sukl.cz

www: http://www.sukl.cz

The responsible person in relation to the State Institute for Drug Control, as far as the operation of the online store, is Mindpax.

Other controlling authorities are the Trade License Office and the Czech Trade Inspection Authority.

Final Provisions

Mindpax is located in the Czech Republic. The agreement concluded on the basis of these Terms of Use is subject to the laws of the Czech Republic.

You consent to us communicating with you by electronic means (such as by email or other form of text). We may send you notices electronically to the email address you provided at the time you signed up for the Mindpax Services.

These Terms of Use apply to the use of the Mindpax Services and contain the terms governing your use of the Mindpax Services. It is important that you have read and understood the present Terms of Use in conjunction with our Privacy Policy before using the Mindpax Services. If you have difficulty understanding any aspect of these documents, please contact us at info@mindpax.me and we can explain what it means for you.

These Terms of Use and parts hereto come into force and effect on April 1^st 2024 and are available on-line at www.mindpax.me and the Mindpax App.