TERMS OF USE

These Terms of Use constitute a contract between the user and EODYNE SYSTEMS, S.L. (hereinafter, “EODYNE SYSTEMS”), holder of Tax ID No. B66401423, with registered office at c/ Venezuela, 35, 08019 Barcelona (Spain), a company registered with the Barcelona Companies Registry in Volume 44614, Folio 25, Sheet B-461222, Entry 1.

These Terms of Use govern the user’s use of the services available through the RGS Ecosystem application platform (hereinafter, “RGS Ecosystem”) and the websites www.eodyne.com and www.eodynesystems.com. “Services” means all functionalities and features available and included both on the website(s) and in RGS Ecosystem, and which are contracted under this agreement.

Please read the following Terms of Use and legal texts before creating an account. By using the Services, the user accepts the terms and represents that they meet the requirements included in these Terms of Use and agrees to be bound by them. The user’s access to the Services is conditional upon full acceptance of the Terms of Use. If you do not agree with these terms and the legal texts of the website, you must not use the services offered through the portal.

These Terms of Use are effective from the date the user creates a user account. If you access the Services from a location outside Europe, the user is solely responsible for complying with the applicable laws, rules, and regulations in their territory.

 

ADDITIONAL TERMS OF USE

EODYNE SYSTEMS may request that the user accept additional terms of use in order to participate in any available promotions, or to receive other services offered from time to time. Any additional terms of use that are accepted will form part of these Terms of Use. If any additional terms of use differ from the terms of these Terms of Use, the additional terms of use shall prevail.

 

SERVICES

Subject to compliance with these Terms of Use, the user may create an account from RGS Ecosystem and will be provided services through RGS Ecosystem and the website. The Service includes, among other things, the storage and processing of data from performed activities, the assignment of these programs and/or their monitoring.

EODYNE SYSTEMS reserves the right to modify the Services by posting the modification on the website or updating RGS Ecosystem. Any modification will be effective immediately upon being posted on the website or upon the update of RGS Ecosystem. The user will be deemed to have accepted the modification if they continue to use the Services after the modification is posted or after RGS Ecosystem is updated.

 

ACCOUNT REGISTRATION AND PASSWORDS

The user account allows a user to access the activities program through RGS Ecosystem. The user account is unique, personal, and non-transferable. EODYNE SYSTEMS shall not be liable for improper or negligent use of a user account, nor for use of such account by third parties other than the user.

Minors under 18 years of age may not use the Services. If you are a parent or guardian of a minor under 18 years of age, you may use the Services and allow the minor to use the website and the Services under your direct supervision. Parents or legal guardians will be solely responsible for the minor’s access to and use of the Services.

By creating an account in RGS Ecosystem, the user represents that they comply with any age restrictions for using the Services, and that the information provided during registration is true, accurate, current, and complete. If any such information changes, the user shall maintain and update it immediately using the functionality provided through RGS Ecosystem so that it remains true, accurate, current, and complete, or shall notify EODYNE SYSTEMS in writing through the means indicated on the website when it is not possible to modify it through the platform.

The user is responsible for maintaining the confidentiality of their password and is not permitted to share or disclose their password to third parties. The user will be solely responsible for the activities of any person who accesses the Services using their password.

If the user has reason to believe that their password has been compromised or used without authorization, they must promptly change it using the functionality provided in RGS Ecosystem, or notify us in writing at info@eodyne.com when it is not possible to modify it through the platform.

If the user has been provided with a temporary password to access their account, they must change it to a permanent one. The user must use strong passwords that use a combination of uppercase and lowercase letters, numbers, and symbols.

During the execution of each activity in the program, the user will confirm that the activities, sets, and repetitions reported as completed have in fact been performed in full by the user.

 

TERMS FOR THE USE OF RGS ECOSYSTEM, THE WEBSITE, AND THE SERVICES

The user undertakes to use RGS Ecosystem, the website, and the Services in accordance with the law and these Terms of Use. To this end, the user shall refrain from using RGS Ecosystem, the website, and the Services for unlawful or prohibited purposes, in a manner that harms the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate, or impede the normal use of computer equipment or documents, files, and all kinds of content stored on any computer equipment of the service provider.

In particular, and by way of example but not limitation, the user undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software, and, in general, any kind of material that:

• Is contrary to, disparages, or infringes fundamental rights and public freedoms recognized by the Constitution, international treaties, and other applicable regulations.
• Induces, incites, or promotes criminal, defamatory, denigrating, violent actions, or, in general, actions contrary to the law and public order.
• Induces, incites, or promotes discriminatory actions, attitudes, or thoughts on the grounds of sex, race, religion, beliefs, age, or condition.
• Is contrary to the right to honor, personal or family privacy, or a person’s own image.
• Damages the credibility of EODYNE SYSTEMS or third parties; and constitutes unlawful, misleading, or unfair advertising.

 

PRIVACY POLICY

The parties undertake to comply with the applicable regulations on the protection of personal data; in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, “GDPR”).

By accepting the Terms of Use, the user agrees to comply with the terms of the privacy policy published on www.eodyne.com or www.eodynesystems.com. Without limiting any right under the Privacy Policy, EODYNE SYSTEMS may collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify a natural person as its source) resulting from the user’s access to RGS Ecosystem, the website, and the Services. The user consents to the data and information obtained through RGS Ecosystem and the website being used for statistical and software marketing purposes in relation to treatment outcomes, number of users, etc., for potential publication in written or online media, provided that identifying data is not disclosed in any case.

 

DISCLAIMER OF LIABILITY

EODYNE SYSTEMS is not a healthcare provider. The content of the RGS Ecosystem and website Services does not constitute medical advice under any circumstances. The content provided on the website, including all texts, photographs, images, illustrations, graphics, audio clips, video and audio-video clips, and other materials, is not intended to be and must not be used as a substitute for advice from physicians or other professionals.

The transmission and receipt of content from RGS Ecosystem and the website, or communication via the internet, email, or other means, does not constitute or create a physician–patient or therapist–patient relationship between the parties.

EODYNE SYSTEMS disclaims any liability arising from information published in RGS Ecosystem and on the website where such information has been manipulated or introduced by an unrelated third party.

EODYNE SYSTEMS does not rule out the possibility that certain programming errors may exist, or that force majeure events, natural disasters, strikes, or similar circumstances may occur that make access to RGS Ecosystem and the website impossible.

EODYNE SYSTEMS shall not be liable for damages, injuries, or accidents that may result from the use of RGS Ecosystem and the website.

The user shall hold EODYNE SYSTEMS harmless from any claim, liability, loss, expense, or demand related to or arising from, by way of example and not limitation, the use of RGS Ecosystem, the website, and its Services, misuse thereof, or arising from connection to RGS Ecosystem, the website, and the Services.

 

TERMINATION OF THE SERVICE

By contracting the Services, the parties enter into a User License Agreement that will be effective from the time the user account is created on the RGS Ecosystem platform until the user requests deletion of the account. Following such cancellation, EODYNE SYSTEMS will choose to delete and/or anonymize the user account information or content.

If the user stops using the Service before the end of the subscription or license period, this shall not entitle the user to any refund.

If EODYNE SYSTEMS cancels all or part of the Services by unilateral decision, the user is entitled to request a refund of the proportional part of the fee corresponding to the unused portion.

 

INTELLECTUAL PROPERTY

All contents of the website are duly protected by intellectual and industrial property regulations.

The website and all its content, including, by way of example but not limitation, the programming, editing, compilation, and other elements necessary for its operation, designs, logos, texts, photographs, and/or graphics, are the property of EODYNE SYSTEMS or, where necessary, EODYNE SYSTEMS holds the license or express authorization from the authors.

Use of the website and the Services does not imply any transfer of the software or any of the rights that EODYNE SYSTEMS holds thereto. Nor does it constitute a license to use any registered trademark displayed on the website.

Regardless of the purpose for which they are intended, total or partial reproduction, use, distribution, and public communication require prior written authorization from EODYNE SYSTEMS. Any use not previously authorized by EODYNE SYSTEMS will be considered an infringement of the author’s intellectual or industrial property rights.

 

USE OF ARTIFICIAL INTELLIGENCE (AI)

EODYNE SYSTEMS uses AI technologies in the course of its activities with the aim of optimizing processes and improving the quality of the service offered to the user.

The user will be informed of the AI systems used, their purpose and basic operation, the known limitations and margins of error of such systems, and the measures adopted to ensure data quality and mitigate bias.

If the use of AI involves the processing of personal data, the safeguards set forth in the applicable data protection regulations and in Article 10 of Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on Artificial Intelligence shall apply.

EODYNE SYSTEMS will maintain up-to-date technical documentation for its AI systems.

 

AMENDMENT OF THE TERMS

EODYNE SYSTEMS reserves the right to modify the features and conditions of RGS Ecosystem, the website, and the Services. For this purpose, it will be sufficient to publish the modifications on the website or update RGS Ecosystem.

Any material modification of the Terms of Use by EODYNE SYSTEMS will be communicated in writing as soon as possible for the user’s acceptance. Once the modification has been communicated, if the user does not agree with the new conditions, the user has a period of 14 calendar days from receipt of such communication to terminate the contractual relationship between the parties. After this period elapses without notice to the contrary from the user, the user will be deemed to have accepted the new conditions.

By accessing, browsing, or using the Services, the user accepts and is bound by the Terms of Use published on the website.

 

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with Spanish law.

Any dispute, disagreement, question, or claim arising from the performance, execution, or interpretation of this contract, or related to it, directly or indirectly, shall be resolved by the Courts and Tribunals of the city of Barcelona, and the parties expressly waive any other jurisdiction that may correspond to them.

 

MISCELLANEOUS

If any clause of these Terms of Use is declared null or unenforceable, such clause shall be deemed excluded, without implying the nullity or unenforceability of the remainder. The other clauses and provisions, or parts thereof, shall remain in effect, and the parties shall promptly replace the invalid provision with a valid and binding provision that replaces the invalid provision in terms of its intent and economic effect.

The Terms of Use, the Privacy Policy, the Legal Notice, and the Terms of Contracting constitute the Entire Agreement between the user and EODYNE SYSTEMS and govern the use of RGS Ecosystem and the website, replacing any prior agreement between the user and EODYNE SYSTEMS, without prejudice to the validity and precedence of the terms and conditions contained in the User License Proposal formalized between the user and EODYNE SYSTEMS.