EpiCentr

TERMS OF USE

Effective: March 10, 2024

Vilnius

These Terms of Use is a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Aihunters UAB (“the Company”, “we”, “us” or “our”). It concerns your access to and use of our “EpiCentr” software application for mobile devices (hereinafter, the “App”, “our App”).

Please read these Terms of Use carefully. If you do not agree with these Terms of Use, you should not install nor use the App, or if already installed you should remove it from your device.

“EpiCentr” app is designed to alert emergency contacts of people suffering from epilepsy and other seizure disorders in case when a seizure occurs, and also to provide the history of alerts with some parameters and the user’s notes for further analysis.

The app provides two roles: a) main role for people, suffering from epilepsy and other seizures themselves b) caregiver role – for people taking care for other people and acting as their Emergency Contacts. When signing-in to the app the user should choose the right role.

Full version of the app is offered only via the Appstore for iOS / WatchOS devices. Please pay attention that at this moment Android version, offered via the Playstore, supports ONLY Caregiver role. And we do not support other kind of devices at this moment.

AIHUNTERS UAB IS NOT A MEDICAL PROVIDER AND DOES NOT GIVE ANY MEDICAL ADVICE NOR MAKES MEDICAL DECISIONS RELATED TO YOUR HEALTHCARE. OUR APP IS NOT INTENDED TO BE A DIAGNOSTIC TOOL NOR A MEDICAL DEVICE.

TO USE THE APP, YOU MUST BE AT LEAST 13 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. IF YOU ARE UNDER 13 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW, THEN YOU MUST NOT USE OR ACCESS THE APP AT ANY TIME OR IN ANY MANNER.

According to these Terms of Use the App is licensed, not sold, to you. We reserve all rights in and by this agreement we grant you a license to use the app on conditions as follows:

  1. We grant to you a nontransferable license to use the App on devices that you own or control. The Terms of Use will govern any content or services accessible from or purchased within the App as well as upgrades provided by us that replace or supplement the original App. Except as provided in the Terms of Use, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this Terms of Use), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
  2. Consent to Use of Data: You agree that we may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App.
    We may collect and use this information according to our Privacy Policy, that you accept too by starting using the App.
    Privacy Policy can be found at: https://epicentr.app/app/privacy_policy
  3. Termination. These Terms of Use are effective until terminated by you or us. Your rights under this agreement will terminate automatically if you fail to comply with any of the terms.
  4. External Services. The App may enable access to our and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by us or our agents. You will not use the External Services in any manner that is inconsistent with the Terms of Use or that infringes the intellectual property rights of us or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
  5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
  8. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  9. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and us or our partners shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of Lithuania. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
  10. After accepting the Terms of Use you may: (a) download / install the App onto a device and use them for your personal purposes only. You may not otherwise transfer our App to anyone else for any reason. If you sell or give away any device on which our App is installed, you must remove the App from the device first; (b) use any related documentation provided by Us to support you to use our App; (c) receive updates to the software code of our App including updates and corrections of errors as we may provide to you. You should understand that charges from your mobile network provider, including roaming where applicable, may be charged by your Mobile Provider for access to network connection services while accessing our App. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider and/or any other third party provider in relation to your internet mobile service including the downloading of any available content. If you are not the bill payer for the device being used to access our App, you will be assumed to have obtained permission from the relevant bill payer for downloading and using our App. If you download our App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the device.
  11. FEES. Once you have installed our App you can use it for free with limited access to the content. In case you prefer full access with no ads, including access to Premium features and/or content, you can buy one of our subscriptions. Subscriptions may be available on a weekly, monthly, bi-monthly, tri-monthly, semi-annual and annual auto-renewable basis, or you may be offered to get lifetime access to all features. Further details of each type of subscription and its cost are detailed on the App. You should allow us the right to offer you our Subscriptions in our App during your sessions. Some of the App content may be available via in-app purchasing.The full version unlocks the following features:
    • Call alerts and e-mail alerts with GPS location
    • Sleep monitoring
    • Unlimited Emergency Contacts
    • Unlimited reports
  12. ADVERTISING AND MONETISATION. At this moment we do not use advertising nor showing sponsored content for monetization of the App. However, we may change it at any moment without prior notice of you.
  13. THIRD PARTY BENEFICIARY. You and Us agree that Apple and Google, and Apple’s and Google’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the End-User as a third party beneficiary thereof.
  14. SUPPORT, CLAIMS, CONTACTS. If you need support or would like to complain, you may contact us at:
    Email: support@epicentr.app
    Post address: Aihunters UAB, V. Nagevičiaus g.3, Vilnius, LT-08237, Lithuania