About Mindpax

Welcome to Mindpax application. The following terms and conditions (hereinafter referred to as the “Terms of Use”) form part of the agreement between you and MINDPAX s.r.o., Ident. No. 04153359, VAT Reg. No. CZ04153359, with its registered office at Oldřichova 106/49, Nusle, 128 00 Prague 2, 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 is the operator and provider of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”) access to): (a) the software application we make available for download or access for free at the Apple® App Store or Google Play or at other locations we indicate (“Mindpax App“), (b) Mindpax activity tracker in a form of a wristband (“Mindpax Products“), (c) website application providing access to and monitoring of User data by User’s doctor (“Website”), and (d) data analytical utilities and data services made available by Mindpax (“Analytical Tool”) through the internet to users of Mindpax Products or Mindpax Apps or Website that provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated by Mindpax Product, Mindpax App or Website (hereinafter together referred to as  “Mindpax Data“). 

The Mindpax App is available as an application for free download and works as a data transmission system and as a source of other supportive data (mood questionnaire, medication, important life events). It further provides the user with feedback on the monitoring and enables the user to share information with their healthcare provider. The Analytical Tool is a unique system that processes and analyses User data collected through the Mindpax App, Mindpax Products and the Website and provide User’s and healthcare providers visualised overviews of data designed in a way to assist in management and treatment of User’s medical condition. In order to enjoy full functionality of the Mindpax App, it must be used together with Mindpax Products for collecting actigraphy data. 

The Website, Mindpax App, Mindpax Products, Analytical Tool, and Mindpax Data, including any software, services or other technology, are hereinafter referred to as the “Mindpax Services”). 

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

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

We bring you a unique digital solution helping people with severe mental illnesses such as bipolar disorder and schizophrenia. 

Mindpax is developing a system which could speed up the learning process of psychiatric illness management by visualizing comprehensive data of activity, sleep, mood and external events that may affect your health condition. 

The Mindpax Services involve Mindpax monitoring system that provides doctors and psychotherapists with continuous monitoring information of the User (patient) for long term disease management. Users (patients) receive feedback on their monitoring data to support self-management. For patients diagnosed with schizophrenia (F2X), Mindpax is monitoring disease symptoms using early warning signs questionnaires filled in by patients and carers. For patients diagnosed with Mood disorders (F3X), Mindpax is monitoring disease symptoms using an activity tracker (a wristband) and mood questionnaires filled in by you. Mindpax service is provided through the Mindpax App. 

Mindpax monitoring system is a registered medical device developed in collaboration with specialists in the field of psychiatry, psychology, data analytics and IT solutions. This personalized platform is based on analysis and continual monitoring of objective biomedical data in combination with self-report measurement tools assessing the current state of the user. 

Mindpax monitoring system is comprised of Mindpax Products (wristband), Mindpax App, Website, and the Analytical Tool which form part of the provided Mindpax Services.   

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

No Medical Advice, Diagnoses or Health Care Services

Please be aware that we provide the Mindpax Services solely for information 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. 

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 doctor or another qualified health care provider if you have any questions regarding any medical issues. You should never disregard a doctor’s professional advice or cancel an appointment with a doctor 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. Reliance on any information provided by Mindpax or in connection with the Services is solely at your own risk.

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 might have access to your data and might transfer that data to your file on their electronic health record. 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 App Store or Google Play Store (hereinafter referred to, individually or collectively, as “App Store”) to your mobile device or tablet. 

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 the registration to your User Account through your registered email address provided to us upon registration by clicking into the reference link sent to your email by Mindpax. 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.

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 a temporary password. 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 contact 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.   

In order to add data from Mindpax Product (an actigraphy device in the form of wristband) to the Mindpax App, you need to pair your actigraphy device (wristband) 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 (data about your activity and sleep) are transmitted to the Mindpax App and to the Analytical Tool via a secure internet connection for activity and sleep calculations. The calculated data are then displayed directly in the Mindpax App under your User Account, and on the Website (provided you have shared your data with your health care 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 info@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 and the Analytical Tool for the purpose of monitoring your medical condition (bipolar disorder or schizophrenia). 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.

The right to use the Mindpax App is free and provided for an unlimited period of time. 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 Products (where applicable). License fees for any license provided under these Terms of Use are included in the subscription fees. Subscription for Mindpax Services and Mindpax Products can be purchased from us or our partners. You need to have an active User Account in the Mindpax App in order to purchase the subscription. 

If and when we cooperate with a health insurance company, your use of Mindpax Services may be reimbursed by your insurance provider in full or in part, based on the conditions of your insurance. We reserve the right to limit the range of free services anytime. 

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 purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following: 

1. you agree not to replicate or copy the Mindpax Services, either in whole or in part.
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. 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, and
12. Enter information or comments about any third-party without the consent of the third-party concerned.

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. 

Termination 

Mindpax may terminate 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 email: info@mindpax.me. 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 24 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 terminated your use of the Mindpax Services. We will not delete your Use 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, 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 reserve the right to change Mindpax Services by updating them, resetting their features and suspending the service or support for that feature. These changes may affect your activities on the Mindpax App. Changes may include the removal, modification or reset of the features you use. 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.

Updates may be released from time to time by us or via the App Store where you downloaded the Mindpax App. From time to time, to be able to use the Mindpax Services, it may be necessary for you to update third-party software.

Support 

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

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

Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Mindpax Services at all times without any interruption and without delay or faults, and that the Mindpax Services will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Mindpax Services in these present Terms of Use.

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 at least 30 days prior to the effective date of the new wording of the Terms of Use. 

We will inform you through Mindpax App of your right of objection and the consequences of the objection in our notice of changes to the Terms of Use. 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 without raising your objections.

If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the Mindpax Services, you are entitled to terminate the agreement no earlier than the effective date of the amendment. Any other right of termination remains unaffected.

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 1.1.2022 and are available at the Mindpax registered office or on-line at www.mindpax.me and the Mindpax App.