Last Modification : 01/12/23
1. Admission Conditions to Services
To use Kompanion Care services (including Lilia), you must be, declare, and warrant that you are of age and capable of accepting these TOU. If Kompanion Care has previously prohibited you from accessing or using its services, you are not authorized to access and/or use them.
2. User Account Information
Kompanion Care offers personalized content through:
data provided by users
data generated by the use of services.
When you create an account, we ask you to provide information about yourself, including your email address and a password ("Account Information"). You agree to provide accurate, up-to-date, and complete information during the registration process and to update the information to keep it accurate, up-to-date, and complete. You are solely responsible for protecting your account information or any login identifier for any third-party account. You are solely responsible for any activity that occurs on your account, and you will notify us immediately of any unauthorized use. Kompanion Care will not be liable for any loss, damage, liabilities, expenses, or attorney's fees that you may incur as a result of someone else's use of your password or account, with or without your knowledge and/or authorization, and regardless of whether you have informed us of such unauthorized use.
3. Intellectual Property
Without Kompanion Care's prior written consent, you may not download, copy, or store Kompanion Care content in any form outside of Kompanion Care and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Kompanion Care content. You agree that all data and algorithms in our flash files and associated servers are "trade secrets". You agree to comply with our reasonable written requests to help us protect our exclusive rights and intellectual property in Kompanion Care.
4. Your License to Use Kompanion Care
We provide you access to Kompanion Care according to a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license. You may use Kompanion Care only for personal, non-commercial purposes and subject to the TOU. This license is available to you as long as you are not prohibited by applicable law from using Kompanion Care and your account is not terminated by us or you. If the TOU are not enforceable where you are located, you may not use Kompanion Care. Kompanion Cares reserves all rights, titles, and interests not expressly granted under this license to the fullest extent possible under applicable laws.
5. Termination of Your Account
You may terminate your Kompanion Care account at any time by contacting our customer support team.
6. Usage Restrictions
Except with our written permission, you must not:
Attempt to impersonate another person or use another person's Kompanion Care account information without authorization;
Use or distribute Kompanion Care for your own scientific or clinical research purposes;
Use or distribute Kompanion Care for commercial purposes;
Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate a person or entity in a way that is not parody;
Copy, download (other than through the necessary page caching for personal use, or otherwise expressly authorized by these TOU), modify, distribute, publish, transmit, display, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained in or obtained from or through Kompanion Care, by any means, except as provided in these TOU;
Violate or attempt to violate the security features of Kompanion Care, including accessing a server you are not authorized to access, breaching the restrictions in the robot exclusion headers, or probing the vulnerability of Kompanion Care's systems and networks;
Post or otherwise make available any material containing any software, device, instructions, computer code, files, programs, and/or other content or functionality designed to interrupt, destroy, damage, or limit the functionality of any computer software or hardware or telecommunications equipment (including, without limitation, any time bomb, virus, malware, lock software, worm, self-destruction, "drop" device, malicious logic, Trojan horse, "disabling," "locking," "metering," or any malicious code);
Redistribute, decompile, disassemble, publish, or copy Kompanion Care, including cracking its flash files;
Use Kompanion Care with the aim of creating a product with a substantially similar look, feel, or design;
Access or search Kompanion Care by any means other than our publicly supported interfaces (for example, scraping, inline linking, framing, or using a robot, spider, web crawler, or any other method of access other than manual access to publicly available portions of Kompanion Care or access to Kompanion Care via any approved API by Kompanion Cares);
Interfere with the use and enjoyment of Kompanion Care by others;
Post or do anything that could disable, overburden, or impair the proper functioning of Kompanion Care;
Solicit personal or sensitive information from other users, including, without limitation, address, credit card or financial account information, or passwords;
Use Kompanion Care or any trademark, game name, trade name, service mark, copyright, or logo of Kompanion Cares in unsolicited mailings, spam material, contests, or surveys, or to give the impression that these items are associated with you;
Violate the rights of a third party, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass other persons; or engage in fraudulent, abusive, defamatory, illegal, or otherwise inappropriate activity.
Engaging in prohibited uses is grounds for immediate termination of your account and may also expose you to civil or criminal sanctions.
YOU AGREE THAT YOUR USE OF KOMPANION CARE SERVICES (INCLUDING LILIA) IS AT YOUR OWN RISK AND THAT KOMPANION CARE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOMPANION CARES AND ITS AFFILIATES, OFFICERS, AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING KOMPANION CARE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
KOMPANION CARE IS NOT A MEDICAL SERVICE. KOMPANION CARE DOES NOT PROVIDE MEDICAL TREATMENT OR MEDICAL ADVICE.
8. Limitation of Liability
IN NO EVENT SHALL KOMPANION CARES OR ITS SUBSIDIARIES, OFFICERS, AND/OR EMPLOYEES BE LIABLE IN RESPECT OF (I) DATA LOSS OR FAILURE TO COMPLY WITH ANY OBLIGATION, INCLUDING, WITHOUT LIMITATION, GOOD FAITH AND REASONABLE CARE ARISING FROM YOUR ACCESS TO OR USE OF KOMPANION CARE; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
9. Links and Third-Party Services
10. Modification and Termination
Kompanion Cares reserves the right at any time to modify or discontinue, temporarily or permanently, one or more of the Kompanion Care services with or without notice. You agree that Kompanion Cares shall not be liable to you or any third party for any modification, suspension, or discontinuation of Kompanion Care.
These TOU are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of Kompanion Care at any time for any reason or no reason, with or without notice. If we terminate your right to access Kompanion Care, these TOU will be terminated.
Kompanion Care’s policy regarding the protection of personal data
Personal health data is included in the category of sensitive data and their protection constitutes one of KompanionCare's priorities. The Lilia application was designed and developed according to the concept of “privacy by design”, considering the protection of personal data as a priority in the specifications from the design stage.
The development of the Lilia application follows new European standards and directives regarding the processing and storage of personal health data. Notably:
The software infrastructure is based on an HDS (Health Data Hosting) which guarantees optimal quality of service both in terms of security and incident control.
The data is stored in the European Union.