Terms of Service and General Contract Conditions
IMPORTANT INFORMATION: DISCLAIMER
Qura is a provider of assistive technological services exclusive to the healthcare profession and offers information to users and healthcare professionals, aiding in making healthcare decisions.
Qura is not a healthcare facility, nor an entity authorized to provide healthcare services. Qura does not engage in activities of diagnosis, prevention, cure, or rehabilitation, nor does it provide therapeutic treatments, medical consultations, laboratory services, or clinical opinions.
The information provided by Qura, even if based on health-related data, is solely informational and advisory in nature, and in no way can substitute the evaluation, diagnosis, or prescription by an authorized healthcare professional.
The use of the services offered by Qura should not be construed as medical, healthcare, or therapeutic advice, nor as a recommendation for making clinical or therapeutic decisions. In the event of symptoms, disorders, or health concerns, it is always essential to promptly consult a doctor or another qualified professional.
SECTION A – GENERAL PROVISIONS
1 - PRELIMINARY PROVISIONS
1.1
These general terms and conditions of contract, along with any other page or document referenced herein (the “General Conditions”), apply to the services provided by Qura S.r.l., with registered office in Bologna, Via Guglielmo Marconi 45, share capital of Euro 10000, registered with the Bologna Business Register, VAT and tax code 04314601206 (the “Company” or “Qura”) through the website available at the address https://www.qura.co/ (the “Site”) and on the platform available at the address https://app.qura.co (the “Platform”) for the benefit of users who have previously registered on the Platform according to the procedure outlined below (the “Users”).
1.2
For the use of the Site and the Platform, the User is required to unconditionally accept to be bound by the terms set forth in these General Conditions, as well as by the conditions indicated in the Privacy Policy and in the Cookie Policy.
1.3
Access to the Site and Platform, the enjoyment of Non-Healthcare Services (as better defined below) and/or the use of all content and information that may be made available from time to time by Qura through the Site and the Platform or in relation thereto require compliance with the terms of these General Conditions, as well as any additional addendum, contractual integration, communication, or notification that may be required, transmitted, or made available by Qura at its discretion.
1.4
The enjoyment of Healthcare Services (as better defined below), on the other hand, is left to the contractual relationship with the Healthcare Professional (as better defined below) involved from time to time.
1.5
These General Conditions are structured as follows: (i) in the present Section A, some general provisions concerning the same General Conditions and the Services provided by Qura are reported; (ii) in Section B, the aspects concerning the use of the Platform are governed; (iii) in Section C, the conditions applicable to Non-Healthcare Services are reported; (iv) Section D contains some final provisions concerning the contractual relationship between the Company and the User. The possibility remains, for the Company and the User, to separately agree on additions or exceptions to the contents of these General Conditions.
2 - DEFINITIONS AND INTERPRETATIVE CONVENTIONS
2.1
For the purposes of these General Conditions, the terms used with a capital initial letter have the meaning attributed to them by the definitions listed below:
“Account” means the account activated by the User on the Platform according to the terms specified in these General Conditions;
“General Conditions” refers to these general conditions of contract, as defined in Article 1.1;
“Cookie Policy” refers to the cookie policy of the Company made available on the Platform and the Site;
“Credentials” means the credentials (username, password, and additional authentication factors possibly required for access to the Services) that each User is obliged to use in order to access the Platform and utilize the related Services, as indicated from time to time on the Platform;
“Applicable Law” means all binding legal provisions, codes, decrees, regulations, circulars that have binding effect and any measure or judgment by an Authority with similar effect;
“Platform” means the wellness-dedicated platform provided by the Company and accessible at https://app.qura.co, in accordance with the definition in Article 1.1;
“Potential Users” refers to individuals interested in registering on the Platform;
“Privacy Policy” refers to the privacy policy of the Company available on the Platform and the Site;
“Healthcare Professional” means individuals who practice a healthcare profession, directly or indirectly, according to applicable regulations;
“Professional” refers to a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary, in accordance with Art. 3, co. 1, lett. c) of the Consumer Code;
“Qura” or the “Company”, as defined in article 1.1;
“Non-Healthcare Services” refers to the support, preparatory, and managerial services provided through the Support Platform for Healthcare Professionals, as described in Article 6.1;
“Healthcare Services” refers to services that are exclusively under the competence and responsibility of Healthcare Professionals, including preventive and personalized medicine, diagnoses, blood analyses, and remote consultations with healthcare professionals and/or socio-health facilities;
“Site” means the website available at https://www.qura.co/, in accordance with Article 1.1;
“Users” refers to customers who complete the registration process on the Platform regulated in these General Conditions, as defined in Article 1.1
2.2
Defined terms in the singular have the same meaning when used in the plural and vice versa. Terms defined in a particular gender have the same meaning when used in another gender. References to any agreement, document, or act must be understood as extending to their attachments and include every subsequent amending, integrative, innovative, or substituting act of the same. References to any legal subject must be interpreted as extending to their successors or assignees in particular or universal title, provided that such succession is permitted under these General Conditions. References to any statutory or regulatory provision must be understood as referring to such provision of law or regulation as modified, supplemented, replaced, or amended from time to time, in whole or in part, in the version in effect from time to time and including every communication, regulation, circular, or implementing provision adopted pursuant thereto.
SECTION B – GENERAL TERMS AND CONDITIONS FOR PLATFORM USE
3 - USER REGISTRATION AND ACCEPTANCE OF GENERAL CONTRACT TERMS
3.1
To activate Non-Healthcare Services and access the Platform, the User must first register with the Platform by expressly accepting the General Terms and Conditions.
3.2
Registration on the Platform and its use is exclusively intended for individuals aged 18 or over. By registering, accessing, or using the Platform, Users declare and guarantee that they are at least 18 years old. Any access to or use of the Platform by anyone under 18 is expressly prohibited.
3.3
The completion of the User's registration process and the finalization of the contractual relationship arising from these General Terms with respect to Non-Healthcare Services only are subject to the acceptance of the activation request by Qura.
3.4
The User acknowledges and accepts that the Company may refuse, at its sole discretion and without any obligation or need for justification, the activation request submitted by the User, providing written notification to the User. The User hereby waives the right to raise any objections or to assert any claims or actions, including those for compensation, in the event of the Company's refusal to accept the activation request submitted by the User. The Company may also request the provision of suitable guarantees or specify further conditions to which the acceptance of the membership request is subject.
3.5
If the registration process and the checks carried out by the Company are successful, the Company will provide the User with access to the Platform and the Non-Healthcare Services.
4 - ACCESS TO THE PLATFORM
4.1
Once the registration procedure, as specified in Article 3, is completed, the User will be able to access the Platform managed by the Company through their Account and using their Credentials.
4.2
Minors are not allowed to register on the Platform.
4.3
The use of Credentials allows the User to take advantage of the services and functionalities made available by the Company through the Platform. The User is solely responsible for the safekeeping and use of their Credentials, and is obliged to preserve their confidentiality with due care and diligence. Any consequences arising from the improper or unauthorized use of the Credentials will be solely borne by the User, without any liability assumed by the Company, and the User will indemnify and hold Qura harmless from any claim, cost, damage, expense, action, or other adverse consequence arising from such improper or unauthorized use. The Credentials are intended for the User's personal use only and cannot be transferred to third parties; consequently, all operations performed using the Credentials are considered to be carried out by the User to whom those Credentials refer.
4.4
The methods of using the Platform are specified from time to time in the documentation and information made available by the Company within the Platform itself, which each User undertakes to comply with from now on. The User acknowledges and expressly accepts that the Company may assume that each User is aware of these documents and information and therefore adheres to what is contained therein when using the Platform. Any improper use of the Platform will constitute a breach of the obligations assumed by the User under these General Conditions.
4.5
The Users acknowledge and accept that the use of the Platform in accordance with the General Conditions is essential for the proper functioning of the Platform and for its usability by other Users.
4.6
The connection to the Platform and the use of the related functionalities and Services occurs through the internet. The User must independently ensure, at their own care and expense, to have suitable technological infrastructures (hardware and software) and necessary network connections to efficiently and uninterruptedly use such functionalities and services via the internet. The infrastructures and connections needed for this access must constantly comply with the technical specifications that may be indicated in the instructions provided by the Company, also through the Platform, and must in any case meet the security standards available on the market, in order, among other things, to ensure the confidentiality of the data transmitted and received through the Platform, as well as to prevent improper or unauthorized use of the Credentials provided by the Company. The User hereby renounces any claim or action against the Company in the event of interruption or total or partial malfunction of the Services and/or functionalities provided by the Company that is attributable to the failure to adopt the IT infrastructures and connections referred to in this Article 4.6, to defects or malfunctions thereof, or to any other cause not attributable to the conduct of the Company, including the failure to adopt adequate security standards by the User.
4.7
The User expressly acknowledges and recognizes that the Company cannot control communications made via the internet or other telecommunications services used by the User to access the Platform, nor can it exclude that such communications may be intercepted or tampered with, including following a hacker attack by third parties. Therefore, the Company remains exempt from any liability for damages caused by third parties following abuses perpetrated by circumventing the adopted security systems, including any liability arising from the improper or unauthorized use of the Credentials, except in cases of intent or gross negligence by the Company.
4.8
The User declares to be well aware of the risks connected with the use of the technologies made available by the Company through the Platform and to have adequate knowledge and experience for using the Non-Healthcare Services and functionalities offered through the same.
4.9
Qura will strive to constantly enable access to the Platform as well as the enjoyment of Non-Healthcare Services, 24 hours a day, 365 days a year. The Company does not guarantee that there will be no interruptions, suspensions, service disruptions, or malfunctions in the use of the Platform and the related Service, potentially due to viruses or software bugs, nor that such interruptions, suspensions, service disruptions, or malfunctions will be remedied promptly. Furthermore, access to the Platform may also occasionally be suspended or limited to allow repair, maintenance, or the introduction of new activities or services. Qura will attempt to minimize the frequency and duration of such suspensions and limitations. In these cases, the Company cannot be held liable in any way for any damages or losses, direct or indirect, suffered by the User and/or third parties.
4.10
The Platform is provided as-is, in the versions in force at any time, without any representation or warranty, implicit or explicit, by the Company and without it assuming any commitment towards the User to develop, integrate, or modify its functionalities or characteristics based on, among other things, any needs expressed by the User to the Company.
4.11
It is understood that Qura may make all necessary technical and content changes to the Platform to ensure the correct enjoyment of Non-Healthcare Services. Changes that impact the accessibility and enjoyment of the Services provided on the Platform will be published well in advance.
4.12
The User acknowledges and accepts that circumstances beyond the control of the Company may occur that may cause temporary interruptions or disruptions of the Platform, including but not limited to technical malfunctions, connectivity issues, or cyberattacks. In such cases, the Company cannot be held liable in any way for any damages or losses, direct or indirect, suffered by the User and/or third parties.
4.13
In case of use of the Credentials or transmission of any other information – and as part of Qura's security procedures – the User is required to treat such information as confidential and not disclose it to any other person or entity. The User also acknowledges that their Account is personal and agrees not to provide any other person with access to their Account or parts of it. The User undertakes to immediately notify Qura of any unauthorized access or use of their Account or any other security breach. Otherwise, the User shall indemnify and hold the Company harmless from any damage, cost, expense, action, claim, or adverse consequence arising from the failure to comply with this notification obligation, hereby exempting the Company from any liability.
5 - DURATION
5.1
The User may use the Platform and its Non-Healthcare Services for the entire duration of the subscribed subscription period, which automatically renews upon expiration, unless cancellation is communicated at least thirty (30) days in advance of the expiration of the current subscription period.
5.2
In the absence of renewal or in case of cancellation, access to the Platform and Non-Healthcare Services will be suspended at the expiration of the subscription period and the User will no longer be able to enjoy the Non-Healthcare Services.
5.3
The General Conditions remain valid and effective for the entire duration of the subscription and for any further renewal period.
5.4
If the User's Account remains inactive for a period exceeding three (3) consecutive years, Qura reserves the right to suspend or terminate access to Non-Healthcare Services, after notifying the User.
5.5
In the event that payment of a consideration is required for joining Non-Healthcare Services, membership of Non-Healthcare Services and the effectiveness and validity of the General Conditions will be conditional upon the actual payment of such consideration by the User.
6 - FURTHER USER OBLIGATIONS REGARDING THE USE OF THE PLATFORM
6.1
The User is required to provide complete, truthful, and accurate information, including personal data, when communicating with the Platform and registering their Account as per Article 3 above. The User also commits to promptly updating this data in case of any changes.
6.2
The User agrees to indemnify, defend, and hold harmless Qura and its managers, directors, employees, and collaborators against any claim, damage, lawsuit, action, cost (including reasonable legal fees), and other expenses arising directly or indirectly from: (i) the actual or alleged breach of these General Conditions; (ii) any dispute related to any content or other material sent or transmitted to the Platform that might infringe or misappropriate the rights of third parties, including trademarks, trade secrets, or other intellectual property rights; and/or (3) activities or omissions of the User in relation to the use of the Platform.
6.3
The User commits, by way of example but not limited to:
- preventing any other visitor from using the Platform, including, without limitation, by hacking or defacing any part of the Platform;
- not using the Platform or its contents for unlawful purposes;
- not sending data or information or otherwise transmitting material through the Platform that is (i) protected by copyright, trade secret, or otherwise subject to rights of third parties or intellectual property rights, including privacy and marketing rights, unless the User is the legitimate owner of such rights or has permission from the legitimate owner to send or transmit such data or information; (ii) illegal, fraudulent, abusive, or constitutes or encourages behavior that could be considered a crime, or gives or might give rise to civil liability or violates any law, rule, or regulation;
- not participating in spamming, flooding, phishing, or other activities intended to collect information illegally;
- not transmitting any software or other material that contains harmful code, including, but not limited to, viruses, worms, trojans, etc.;
- not altering, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any part of the Platform;
- not using the Platform in any way and/or for any purpose that could negatively affect the interests of Qura;
- not engaging in any other conduct that limits or inhibits anyone's use or enjoyment of the Platform, or that could damage Qura or its customers and/or expose them to liability, or that otherwise does not comply with the purposes for which the Platform is provided.
SECTION C – NON-HEALTHCARE SERVICES
7 - DESCRIPTION OF NON-HEALTHCARE SERVICES BENEFITING THE USER
7.1
The Company commits to providing through the Platform Non-Healthcare Services focused on assistance, support, and management activities for Healthcare Professionals for the benefit of the User.
7.2
The Non-Healthcare Services provided through the Platform allow the User to:
- provide a list of commonly used laboratory parameters for prevention, monitoring, or general well-being purposes (“Blood Panel”), for the subsequent blood analyses;
- access the Healthcare Service for the performance of blood tests and analyses offered by Healthcare Professionals affiliated with Qura;
- access preferential rates for healthcare services aimed at personal care at Healthcare Professionals affiliated with Qura (which might include, by way of example, laboratories, medical professionals, studios, clinics, and socio-healthcare structures);
- benefit from booking services for the services indicated in points (b) and (c) above;
- access a video consultation service focused on the User's well-being provided by Healthcare Professionals, affiliated with Qura, enabling Users to enjoy it through the Platform (“Video-Consultations”);
- take advantage of assistive technology, also equipped with Artificial Intelligence systems, for the screening of blood tests uploaded to the Platform to support the activities of Healthcare Professionals;
- store the results of clinical or instrumental tests (“Reports”) and the related written reports issued by a medical or healthcare professional (“Documents”) executed at the Healthcare Professional in the Platform;
8 - BLOOD PANEL
8.1
Based on the information provided by the User on the Platform, Qura may suggest, for purely indicative purposes and without diagnostic or therapeutic intent, a Blood Panel.
8.2
The Blood Panel is purely informative, non-medical, and non-binding in nature and does not constitute nor can it be interpreted as a medical act, prescription, diagnosis, clinical indication, therapeutic advice, or as a substitute for the opinion or intervention of a licensed healthcare professional in accordance with current regulations.
8.3
The User is aware that the selection of the Blood Panel suggested by Qura, based on the information provided by the User, does not fully take into account personal medical history, symptomatology, individual health conditions, or other medical information. Qura does not conduct, nor intends to conduct, any direct or indirect health or clinical assessment.
8.4
For the purpose of drafting the Blood Panel, the User declares that they are aware that in case of doubts, they are obligated not to rely on the indications provided by the Platform but rather to seek the intervention of a Healthcare Professional.
9 - ACCESS TO THE NETWORK OF HEALTHCARE PROFESSIONALS AND BOOKINGS
9.1
The User will be able to enjoy discounted and customized rates at the network of Healthcare Professionals affiliated with Qura and listed on the Platform.
9.2
It is understood, as specified in Article 13, that the contractual relationship concerning Healthcare Services will be established directly by the User with the Healthcare Professional and that Qura merely offers an access service to discounted and customized rates, without including the provision of Healthcare Services which remain the exclusive competence and responsibility of the Healthcare Professional.
9.3
Qura, in offering certain booking services for Healthcare Services - strictly indicated on the Platform - may also collect the economic compensations owed to the Healthcare Professional in the name and on behalf of the latter, subject to the provisions of the previous Article 9.2.
10 - VIDEO CONSULTATIONS SENDING OF QURA PROTOCOL
10.1
The User can benefit from the Video Consultations service provided by Healthcare Professionals affiliated with Qura and listed on the Platform.
10.2
The User acknowledges and recognizes that the Video Consultations are provided directly by the Healthcare Professional on the Platform, with whom the User will establish the relevant contractual relationship, under his exclusive responsibility. Therefore, the Non-Healthcare Service of Qura is limited to providing the technological infrastructure of the Platform that allows the User access to Video Consultations and does not include, given the direct contractual relationship between the User and the Healthcare Professional, the provision of the individual Video Consultation.
10.3
Upon completion of the Video Consultation or when requested by the User, the User will receive a personalized Qura Protocol through the Platform, containing guidelines and suggestions regarding sleep, nutrition, and training, prepared by the Healthcare Professional based on the information provided and the needs expressed by the User.
10.4
The Qura Protocol is intended solely for wellness support and prevention and does not constitute, in any case, a medical prescription, diagnosis, healthcare treatment, or replacement of a therapeutic pathway. The User is aware that any pathologies or clinical conditions must be managed under the direct supervision of a Healthcare Professional.
10.5
Qura may update or integrate the Protocol, at the request of the User or if new relevant information emerges, in compliance with the methods and limits established in these General Conditions.
11 - AVAILABILITY AND STORAGE OF REPORTS AND SPECIMENS.
11.1
Qura provides the User, through the personal account of the Platform, the Non-Healthcare Service of online availability of Reports and Specimens produced by Healthcare Professionals with whom the User has entered into a contractual relationship for the provision of Healthcare Services for a period of 45 days, without prejudice to the legal obligation of each Healthcare Professional to also provide the relevant Specimens and Reports in paper format.
11.2
Qura, at the User's choice, offers the Non-Healthcare Service of storing Reports and Specimens, through the personal account of the Platform, for the exclusive benefit and access of the User.
11.3
Through the Non-Healthcare Service referred to in this Article 11, Qura clarifies that it does not equate to a service of communication of Reports and the related health data contained therein to the User. The User declares to be aware that any information contained in the Reports and Specimens is solely the responsibility of the Healthcare Professionals and that Qura has no role in the communicative process of health information.
12 - WEBSITES AND PLATFORMS OF HEALTHCARE PROFESSIONALS
12.1
The Platform may contain redirects or links to websites and platforms of Healthcare Professionals, which are exclusively managed by them and serve the purpose of providing their Healthcare Services.
12.2
Users acknowledge and agree that Qura is not responsible for the content, products, or services present or available on these Healthcare Professionals' websites.
13 - FINANCIAL TERMS
13.1
The Non-Medical Services provided by subscription are subject to the financial terms as better specified in the “Membership” section accessible at the following link: https://www.qura.co/. The User accepts and acknowledges that the financial terms indicated in the “Membership” section are valid and binding and regulate the periodic payments related to the subscription.
13.2
The financial terms applicable to the Non-Medical Services as indicated in the “Membership” section accessible at the following link: https://www.qura.co/ are intended to apply comprehensively to all Non-Medical Services included in the subscription they refer to, without exceptions, limitations, or differentiations not expressly provided in the de qua section.
13.3
Any exceptions or modifications to the financial terms listed in the “Membership” section will not have retroactive effect and will not apply to Services already subscribed and paid for by the User, unless otherwise agreed in writing between the parties.
13.4
The payment for the subscription fee must be made according to the methods and timelines indicated in the “Membership” section. Failure to pay will result in the automatic suspension and/or termination of the provision of Non-Medical Services until the payment is regularized.
14 - RELATIONSHIP WITH HEALTH SERVICES AND ABSENCE OF RESPONSIBILITY OF QURA
14.1
The User may benefit from the Health Services and the agreed rates at the Health Professionals indicated on the Platform by selecting available structures and services in the appropriate section.
14.2
It is understood that the contractual relationship relating to the Health Services booked or accessible through the Platform will be established directly by the User with the Health Professionals who will, consequently, provide the related services under their exclusive responsibility.
14.3
Qura's Non-Health Services are limited to access to the Platform, the provision of assistive technology, or the booking by the User of the Health Services with the Health Professionals, and do not include, given the direct contractual relationship between the User and the Health Professional, the delivery of individual medical or health services. Qura's work is limited to managing the Platform that allows the booking of such services and does not include any prior control of what is offered by the Health Professionals.
14.4
The User declares and acknowledges, therefore, that Qura does not offer, through the Platform and its technology, laboratory services, analysis, opinions, or medical consultations, nor any other medical or health service, not even in-house or in the form of telemedicine, providing only a mere technological service. The User, therefore, declares and acknowledges that Qura is not qualified as either a Health Professional or a healthcare or social healthcare facility that uses Health Professionals, also pursuant to and for the purposes of Law March 8, 2017, n. 24 (Gelli-Bianco Law).
14.5
The User, therefore, is aware that they cannot bring any complaints, claims, or actions (including, but not limited to, any claims for damages) against Qura, in case of errors or other problems in the performance of the Health Services by the Health Professionals, who will remain the sole responsible for the Health Services performed.
SECTION D – FINAL PROVISIONS
15 - SUSPENSION OR LIMITATION OF SERVICES
15.1
Without prejudice to the specific provisions of the present General Conditions regarding the interruption and suspension of Services, the Platform, the Site, the Account, and the Credentials, the Company reserves the right to suspend or limit, temporarily or permanently, at any time the use of the Non-Health Service and/or the Platform, its related functionalities and/or the Credentials made available to individual Users, at any time, for any reason and without obligation to justify or notify the User.
15.2
The right outlined in Article 15.1 is exercisable, by way of example and not limited to, in the event of suspected fraud or inappropriate use, a reason related to the security and correct functioning of the computer systems used by the Company, as well as in cases where the Company has reason to believe that the User does not comply with the conditions and obligations laid down in these General Conditions to benefit from the Non-Health Services and/or the Platform.
15.3
The User hereby waives any objection or claim, including those of a compensatory nature, in relation to the decisions taken by the Company under this Article 15.
16 - USER DECLARATIONS AND WARRANTIES
16.1
The User declares and warrants in favor of the Company:
- to be aware of the features of the Platform;
- to accept all risks associated with the use of the Platform;
- that the execution of these General Conditions does not conflict with any provision of Applicable Law related to the User;
- to have full authority to accept these General Conditions;
- to have complied with all that is required by Applicable Law, where applicable, for the purposes of executing these General Conditions.
17 - LIMITATIONS OF LIABILITY. INDEMNITY CLAUSE
17.1
Without prejudice to the provisions of these General Conditions, the User hereby waives any complaints or claims, even for compensation, against the Company, thereby exempting the Company from any liability for losses, damages, or expenses of any kind and keeping it indemnified and harmless from any damage, expense, cost, loss, action, claim, or other adverse consequences, in relation to:
- errors, fraud, or negligent conduct attributable, directly or indirectly, to the User or third parties other than the Company; or
- any unauthorized use of the Platform attributable, directly or indirectly, to active or omissive conduct by the User or third parties other than the Company.
17.2
The User undertakes to hold the Company harmless and indemnified from any damage, cost, expense, claim, action, or other adverse consequence resulting from non-compliance with the provisions of these General Conditions, except in cases where such non-compliance by the User is due to willful misconduct or gross negligence by the Company.
17.3
The Parties shall not be responsible under any circumstances for any conduct adopted to comply with the legislative and regulatory provisions in force from time to time, orders or measures of the authorities, as well as in cases of fortuitous events or force majeure.
18 - PROTECTION OF PERSONAL DATA
18.1
The User declares to have been informed about the processing of personal data by accessing and consulting the information on personal data processing and the cookie policy related to the use of the Platform and Site, available in the specific section of the Platform, on the Site, and at the following links: privacy policy, cookie policy
19 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
19.1
The software, content, features, and functionalities (including, but not limited to, all information, text, display, images, video, and audio, the design, selection and related arrangements, layout, and look-and-feel) of the Platform, such as text, graphics, logos, button icons, images, audio clips, video clips, are owned or licensed by Qura and may be protected by copyright, trademark laws, patent laws, trade secret laws, and other laws on intellectual property or proprietary rights.
19.2
The User acknowledges the exclusive ownership by Qura or its licensors of all industrial and intellectual property rights related to the Service, the software, the Platform, the know-how, trademarks, and distinctive signs made available to the User within and for the purpose of these General Conditions, not acquiring any proprietary rights nor economic rights on them and every other element provided by Qura during the term of the Contract.
19.3
The use of the Platform is granted to the User on a non-exclusive, non-transferable basis limited to the purposes indicated in the General Conditions.
19.4
The User is prohibited from making modifications, decoding, reproducing, republishing, downloading, reverse engineering, and copying, in whole or in part, the elements of the Platform and Service or performing any other activities aimed at identifying the Platform's algorithms and operational logics. The User cannot use the Platform and Services to develop and market, directly or indirectly, similar products nor provide support for the development and sale of similar products and/or services.
19.5
No rights, title, or interest in or to the Platform or any of its content are transferred to the User, and all rights not expressly granted are reserved to Qura. Any use of the Platform not expressly permitted by these General Conditions constitutes a violation, in addition to infringing Qura's or its licensors' copyright, industrial property rights, and other rights.
19.6
The compilation (i.e., collection, arrangement, and assembly) of all content of the Platform is owned exclusively by Qura and protected by applicable copyright laws.
19.7
The names, trade names, logos, service marks, trademarks, and trade dress on the Platform, content, and products are registered and unregistered trademarks of Qura.
19.8
Users are and remain the holders of intellectual and industrial property rights to the data and content uploaded to the Platform. Users declare and guarantee they are the exclusive holders of all intellectual and industrial property rights concerning such data and content or, in any case, have all necessary authorizations to upload them to the Platform and allow Qura to perform the activities provided in the General Conditions. Users therefore commit to indemnifying and holding Qura harmless from any damage resulting from third-party claims, actions, or assertions, as well as sanctions by competent authorities, should the data or content uploaded by Users violate third-party rights or be contrary to current regulations.
20 - WITHDRAWAL. TERMINATION.
20.1
Withdrawal by Qura. The User acknowledges that they have been informed that Qura has the right to withdraw from all or part of the Non-Medical Services without obligation to provide justification and without the User having any right to compensation, penalties, damages, or additional amounts of any nature. In such a case, Qura will provide a written notice of at least 30 (thirty) days, without prejudice to the refund to the User of any subscription fees already paid and unused, calculated pro rata temporis.
20.2
Withdrawal by the User. The User may withdraw at any time from all or part of the Non-Medical Services under subscription, without obligation to provide justification and without any right to compensation, penalties, or damages. The withdrawal will take effect upon the expiration of the already paid subscription period, without any refund of amounts paid for the current period, except as otherwise provided by law or expressly stated in the economic conditions. Given the nature of the service, the User acknowledges and accepts that once the enjoyment of the Non-Medical Services has started, the right of reconsideration (right of withdrawal) is excluded, and no refund of the already activated subscription is foreseen.
20.3
Methods of exercising withdrawal by the User. The User can at any time withdraw from the Contract, requesting the deletion of their Account by sending an email to gio@qura.co or through the specific section available on the Platform. Before deleting the Account, the User will have the option to download and/or export their data and information present on the Platform, within the limits and according to the technical methods made available by Qura.
20.4
Contract termination by Qura. The Company shall have the right to terminate these General Conditions with immediate effect, pursuant to and for the purposes of art. 1456 Italian Civil Code, by giving written notice to the User via certified electronic mail (PEC) or registered letter with return receipt, in case of breach by the User of the obligations assumed pursuant to articles 4., 6., 13., and 19. This is without prejudice to Qura's right to pursue any further legal remedies provided by current legislation, including the compensation for damages.
20.5
Consequences of the termination of the relationship. Any termination of the Contract through Qura or through the User will automatically result in (i) the cessation of the User's right to access the Non-Medical Services, (ii) the deletion (or where applicable anonymization) of all data related to the User and all Examinations and Reports. Notwithstanding the above, Qura may retain User data for the purposes and within the limits established by applicable legislation, as well as for the retention periods provided therein.
21 - COMMUNICATIONS
21.1
The communications regarding these General Conditions must be sent to the following addresses:
- for communications addressed to the Company, to the addresses and contacts indicated on the Platform;
- for communications addressed to the User, to the addresses provided at the time of Account creation.
21.2
The User is required to promptly notify Qura of any change in their residence/legal headquarters or alternative contact details through the specific procedure provided within the Platform.
21.3
The Company may change its contact details for sending communications by providing appropriate notice to the User through the Platform.
22 - UNILATERAL MODIFICATION OF CONTRACTUAL PROVISIONS AND ECONOMIC CONDITIONS
22.1
The Company reserves the right to unilaterally modify the provisions of these General Conditions and/or the applicable economic conditions by communicating such changes to the User via a specific alert within the account on the Platform, with a notice period of at least 30 (thirty) days before the changes come into effect. This right may be exercised, by way of example but not limited to, when such unilateral changes become appropriate or necessary due to, among other things, changes in the functionality or operational modes of the Platform and/or Non-Healthcare Services, the costs incurred by the Company for managing the Platform and/or Non-Healthcare Services, and the performance of additional related activities.
22.2
In the cases referred to in the preceding article 22.1, the User is still granted the right to withdraw within the said notice period of 30 (thirty) days. In this case, until the withdrawal takes effect, the contractual provisions and economic conditions subject to modification through the communication referred to in the previous article 22.1 will continue to apply. Failure to exercise the right of withdrawal shall be deemed as acceptance of the adoption of the changes mentioned in the said communication.
23 - MISCELLANEOUS PROVISIONS
23.1
Partial Invalidity. Should one or more provisions of these General Conditions be or become invalid or ineffective in any respect under the Applicable Law, such invalidity or ineffectiveness will not render the remaining provisions of the General Conditions invalid or ineffective. To the extent possible, and to the fullest extent permitted by the Applicable Law, provisions deemed invalid or ineffective will be interpreted or replaced in such a manner as to most faithfully reflect the contractual intent of the Parties.
23.2
Uniqueness of the General Conditions. Any advertisements, links, or other promotional documents on the Platform and Website are purely indicative and cannot in any way be considered an integral and/or substantial part of these General Conditions, nor derogate from them.
23.3
Waiver. Any failure or delay by either Party in exercising any right or power under these General Conditions will not in any way result in the forfeiture of such rights or powers. Partial exercise of these rights or powers will not preclude further exercise of them.
23.4
Force Majeure. Qura provides no guarantee to the User regarding the regularity and continuity of the Service provision, which may be suspended, delayed, or interrupted for reasons beyond Qura's control, not attributable to activities carried out by it and/or its employees, collaborators, including but not limited to, (i) natural disasters, fire, explosion, flood, adverse weather conditions; (ii) any computer, communication, service, or system breakdown, failure or damage; (iii) political unrest, hostilities, or terrorist acts; (iv) governmental action, strike, boycott, embargo, riot; (v) act, omission, or intervention of a competent judicial, governmental, or regulatory authority (including, but not limited to, the imposition of investment, repatriation, or exchange control restrictions by any governmental authority); (vi) virus, bombs, storms, or other harmful events; (vii) fraud or forgery; (viii) malfunction or interruption of communication systems; or (ix) any other cause, event, or circumstance of any nature beyond the reasonable control of the Parties (collectively the “Force Majeure Causes”). No compensation for direct or indirect damages, penalty payments, or indemnities will be owed by Qura to the User for delays, suspensions, or interruptions of the Non-Healthcare Service provision, provided such events are caused by Force Majeure Causes.
23.5
Sub-contractors. The Company shall have the right to use third-party suppliers at any time for the provision, in whole or in part, of Services, including, but not limited to, for the purpose of management, maintenance, and offering of the Platform, without any obligation or burden of information, consent collection, or motivation towards the User.
23.6
Prohibition of assignment. The User may not transfer or assign the relationship arising from these General Conditions or the rights deriving therefrom, except with the prior written consent of the Company. The Company may assign the relationship arising from these General Conditions or the rights deriving therefrom to third parties at any time without the need to obtain the User's prior written consent, while adequately informing them.
24 - APPLICABLE LAW AND AMICABLE SETTLEMENT OF DISPUTES
24.1
These General Conditions are subject to Italian law and must be interpreted in accordance with it. In matters not covered by these General Conditions, the current Italian legal regulations will apply.
24.2
It is the Company's interest to amicably resolve any disputes that may arise during the use of the Platform. For this reason, we kindly request that, as a first step, you bring any issues to our attention by sending a written complaint to the address gio@qura.co.
24.3
If it is not possible to amicably resolve the dispute, it will be submitted to the jurisdiction of the User's place of residence or domicile.
24.4
If the User resides in a Member State of the European Union other than Italy, they may also access the European small claims procedure, applicable to any dispute relating to the application, execution, and interpretation of these General Conditions, pursuant to Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees, and expenses, Euro 5,000.00.