These Terms & Conditions (the "Terms") are applicable to the use of Equanimity Ltd. (the "Company") prototype product, platform and/or service (the "Product") for the duration and purposes of a pilot and testing project (the "Project"). The use of the Product is subject at all times to these Terms and your acceptance thereof.

 

The Product enables your counselors' visualization of physical, subjective measures of a participant (the "User", "you") including an analysis of the data, and is comprised of the following components:

1. A platform interacting with hardware components, including components which may be lent to you by the Company (the " Equipment");

2. A software application intended to have following functionalities:

• Data collection: automatic collection of information, including via the Equipment and/or other components, audio and video recordings, questionnaires, pain diary, including any feedbacks through the Product;

• Analysis of the data;

• Storage of the data.

Privacy

 

The Company shall not have access to User's identifiable data and may access only anonymous non-identifiable collected data.

You hereby acknowledge and irrevocably consent to the use and exploit by the Company of any data and information collected via the Product, including your and your counselor's feedbacks, for any purpose, including, without limitation, maintenance and support, development of the Product and/or any other product as well as any other purpose (whether or not indicated herein), all subject to the privacy and anonymity restrictions as provided herein.

You hereby acknowledge and irrevocably consent to the use and exploit by the Counselor of any date and information collected via the Product, including, without limitation any identification data and identifiable information, all subject to your agreement with the Counselor and acknowledge that the Company does not assume any responsibility or liability to such use by the Counselor and/or any other relations between you and the Counselor.

License to use the Product

 

Subject to these Terms, the Company grants the User at no charge, a limited, non-exclusive, non-transferrable right and license, restricted for the duration of the Project, to use the prototype version of the Product only ("Permitted Use").

You may not: (a) use the Product for any other purpose other than the Permitted Use; (b) distribute and/or allow access to the Product or any of the provided equipment to any third party; and (c) reverse engineer, decompile, copy, modify, or alter the Product and/or any part thereof;

Disclaimer of Warranties

You acknowledge that the Product is provided AS IS and is under continuous development and may have errors, defects and/or downtimes. The Company makes no warranties as to the accuracy or completeness of the information and/or results provided and/or produced by Product. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, the Company may terminate the Project at its sole discretion at any time and terminate the use, access and/or license hereunder. Any reliance on, or use of any data collected via the use of the Product is at your own responsibility.

Limitation of liability

To the maximum extent permitted by applicable law, the Company and it officers, directors or employees or affiliates, shall not be liable for direct or indirect, special, or any other damages arising out of User's usage of the Product. User's sole recourse in the event of any dissatisfaction with the product will be to terminate his participation in the Project.