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TERMS AND CONDITIONS OF USE OF THE mAI-Health APPLICATION

1 Introduction

The AI-PROGNOSIS is an EU-funded research and innovation project (Grant Agreement ID 101080581) that aims to advance Parkinson’s disease diagnosis and care by developing novel, predictive artificial intelligence (AI) models for personalized PD risk assessment and prognosis (in terms of time to higher disability transition and response to medication) based on multi-source patient records and databases, including in depth health, phenotypic and genetic data, 2) implementing a system of digital biomarkers informing the AI models by tracking key risk/progression markers in daily living, and ultimately 3) translating the models and digital biomarkers into a validated, privacy-aware AI-driven toolkit, supporting healthcare professionals (HCPs) in disease screening, monitoring and treatment optimization via quantitative, explainable evidence, and empowering individuals with/without PD with tailored insights for informed health management.

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For this purpose, AI-PROGNOSIS will conduct a clinical study (dBM-DEV study, NCT06444789) that involves the use of an application, namely ‘mAI-Health’, for data collection. As a result, end users participate in this clinical study and are provided, in addition to the application, with a Garmin smartwatch (wearable device) that is connected via Bluetooth with the mAI-Health application for carrying out part of the data collection.

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To use our services, the end user agrees to all the following terms and conditions of use of the mAI-Health application. The end user is also subject to the privacy policy of the mAI-Health application, which covers all the action related to the use, storage, transfer, and, in general, process of the personal data of the end users.

2 Registration to the application

2.1 The end user understands and acknowledges that, following his registration through the provision of the personal participant ID and password by the study investigator in charge, he/she shall comply with the requirements of clause 3 of the current terms and conditions.

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2.2 Except for the participant ID and password provided to the study participant – end user, the latter shall not provide any of the AI-PROGNOSIS personnel with any additional information or personal data not requested by them. In case such an event takes place, the additional information will be permanently deleted as soon as possible to avoid privacy-related implications. 

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2.3 By using the mAI-Health application or the service, the end user further agrees that he/she:

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i. will only use the service or download the application for his/her sole, personal use, according to the instructions provided by the AI-PROGNOSIS personnel, and will not resell or assign it to a third party,

ii. will not use any other account created for another participant in the study, without appropriate authorization,

iii. will not use the Service or Site for unlawful purposes,

iv. will not try to harm the application and service overall,

v. will provide the AI-PROGNOSIS personnel with such information and documents which they may reasonably request, according to the approved dBM-DEV study protocol and

vi. will comply with all applicable laws of his/her country of residence and the country, state, and/or city in which he/she is present while using the application.

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2.4 The end user acknowledges the processing operations on his/her personal data, as described in the privacy policy of the mAI-Health application.

3 Who Can Use the application

The mAI-Health application is intended to be used by individuals that consented and are participating in the dBM-DEV study of the AI-PROGNOSIS project. Since processing operations are envisaged throughout the use of the mAI-Health application and due to the nature of the personal data to be processed and the processing operations, taking also into consideration the inclusion and exclusion criteria of the study protocol approved by the Institutional Review Boards (IRBs) of the study sites, the end users shall:

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i. be at least 18 years old,

ii. be a designated participant of the dBM-DEV study, following the inclusion/exclusion criteria-based evaluation process and informed consent acquisition process,

iii. not be prohibited from receiving any aspect of the services provided by the mAI-Health application under applicable laws,

iv. demonstrate respect and understanding to the scientific research and evaluation activities of the mAI-Health application,

v. not be previously excluded from use of the mAI-Health application as a result of a violation of the current terms and conditions of use or any other form of violation of any policies or applicable laws,

4 Rules and Guidelines

4.1 The end user is responsible for any kind of use of the service and the AI-PROGNOSIS project consortium partners do not retain any responsibility related to the results, suggestions, metadata or any form of information that will be created or provided to the end user, as a result of the use of the application. The said results, metadata or in general information will be stored and in general processed by the AI-PROGNOSIS consortium partners for the designated purposes of the project, according to the AI-PROGNOSIS application’s privacy policy.​

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4.2 The use of the AI-PROGNOSIS application is permitted only to the designated participants of the dBM-DEV study. The authorized people to designate those participants are the AI-PROGNOSIS partners in charge of the clinical study. No third party could be included in the clinical study without prior approval from the AI-PROGNOSIS partners.

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4.3 The AI-PROGNOSIS partners retain the right to update, alter, or, in any way, intervene in the context and function of the application to ensure its successful operation according to any applicable laws, especially during its evaluation phase.

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4.4. In case of any unauthorized use of the end user’s account, please immediately reach the clinical site organizing the study that you participate in to provide the necessary information. You shall also proceed to a written request for blocking your account, to which you will be assisted by the AI-PROGNOSIS personnel.

5 Warranty/Limitation of Liability Clause

Our service is provided to the end user in its current form and we cannot guarantee it will be safe and secure or will work perfectly all the time, especially since you will be participating in an evaluation phase of the mAI-Health application during the clinical study. The project partners will implement all necessary measures and proceed to appropriate procedures to ensure liability.

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To the extent permitted by the law, we also disclaim all warranties, whether expressed or implied, including the implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement.

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Our responsibility for anything that happens on the Service is limited as much as the law will allow. If there is an unpredictable issue with our Service, we cannot comprehend its possible impact. As a result, the end user agrees that the AI-PROGNOSIS project partners will not be deemed responsible for any lost profits, revenues, information, or data or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms. This includes the action of deletion of the content, personal data, information, or account overall.

6 Intellectual property

You agree that the services, including but not limited to content, graphics, user interface and the scripts and software used to implement the services, contain proprietary information and material that is owned by SQUAREDEV BV, the AI-PROGNOSIS consortium partner in charge of development and maintenance of the ‘mAI-Health’ application, and is protected by applicable intellectual property and other laws, including but not limited to patent, trademark or copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the services for personal, noncommercial uses in compliance with this agreement. No portion of the content or services may be transferred or reproduced in any form or by any means, except as expressly permitted by this agreement. The end user agrees not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the services in any manner not expressly authorized.

7 Termination

7.1 The AI-PROGNOSIS partners reserve the right to suspend or terminate the end user’s account with immediate effect and for an indefinite period, if they have identified any kind of misuse of the mAI-Health application.

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7.2 With the term misuse, we refer to any use of the mAI-Health application that is not related to its intended use or purpose, as defined by the approved dBM-DEV study protocol, the Grant Agreement (ID 101080581) or any other official document of the AI-PROGNOSIS project.

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7.3 This rule applies also in case data provided by the end user is incorrect or false, or in case the security of the end user’s account has been compromised in any way.

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7.4 Following the deletion of the end user’s account, any information regarding this account will be also deleted, according to the relevant provisions of the General Data Protection Regulation (Regulation (EU) 2016/679).

8 Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union, or any other jurisdiction, the current agreement is subject to the laws of Greece.

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Last updated October 1, 2024

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