TERMS AND CONDITIONS OF USE

Knowlepsy Wearable Digital Device

PREAMBLE

The present General Terms and Conditions of Use define the rights and obligations relating to the use of the Knowlepsy Wearable Digital Device purchased on the website www.knolepsy.com and offered by the company KNOWLEPSY LDA.

The Knowlepsy Digital Wearable Device is a digital consumer health device that provides seizure risk level to aid daily activity planning and the option to share data with caregivers. It is not intended to replace standard medical care.

By ordering and purchasing the Knowlepsy Wearable Digital Device through our website www.knolepsy.com (in accordance with the terms set forth in the General Terms and Conditions of Use of the website www.knowlepsy.com, please check the applicable CGTU following this [https://knowlepsy.com/legal mention/]), the user acknowledges having read the present General Terms and Conditions of Use and agrees to comply with them without any reservation. 

Consequently, the present General Terms and Conditions of Use constitute a contractual agreement between the user and the company KNOWLEPSY LDA in addition to any documents signed and/or duly accepted in the context of using the  for the Knowlepsy Digital Wearable Device.

For the purpose of what follows, the following terms shall be referred to as:

• General Terms and Conditions of Use hereinafter referred to as the “GTCU”.
• The website www.knowlepsy.com hereinafter referred to as the “Site“.
• The company KNOWLEPSY LDA hereinafter referred to as the “Company“,
• The user are individuals and patients who purchased and wear our Knowlepsy Digital Wearable Device hereinafter referred to as the “User“.
• The digital consumer health wearable device for detecting epilepsy seizures powered by advanced sensors and AI algorithms hereinafter referred to as the ” Knowlepsy Digital Wearable Device “.

ARTICLE 1. PRESENTATION OF THE GTCU

The purpose of these GTCU is to define the provisions that apply to all Users in the context of using the Knowlepsy Digital Wearable Device. Any use of the Knowlepsy Digital Wearable Device by the User automatically implies the application of these GTCU.

These GTCU are supplemented by specific conditions, in particular by the General Terms and Conditions of Sale (available following this [Https://knowlepsy.com/legal mention/]) that will be presented and must be accepted by the User prior to the purchase of the Knowlepsy Digital Wearable Device.

ARTICLE 2. ACCEPTANCE OF THE GTCU

The purchasing on our Site and the use of the Knowlepsy Digital Wearable Device constitutes an unconditional acceptance of these GTCU. We may modify these GTCU at any time. The modifications to these GTCU are binding posteriorly only on the Users from the date of their publication and do not apply to transactions concluded prior to that date.

ARTICLE 3. INTELLECTUAL PROPERTY

The Company owns all intellectual property or usage rights relating to the Knowlepsy Digital Wearable Device in any form whatsoever. The purchase and the use of the Knowlepsy Digital Wearable Device does not grant the User any intellectual property rights over it Device or the elements contained therein. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, in any form or by any means, or exploit in any way, in whole or in part the Knowlepsy Digital Wearable Device and/or its elements without the prior written authorization of the Company.

ARTICLE 4. SERVICES OFFERED BY THE KNOWLEPSY DIGITAL WEARABLE DEVICE

The Knowlepsy Digital Wearable Device is a digital consumer health device that forecasts and detects epilepsy seizures to notify caregivers and doctors of potential seizures.

ARTICLE 5. PURCHASE AND ACCESS TO THE SITE

5.1 The Knowlepsy Digital Wearable Device may be purchased only through our Site accessible at the following address: www.knowlepsy.com. The Company will make every effort to ensure that the Site is accessible 24 hours a day, seven days a week, except in cases of force majeure or events beyond the control of the Company, and subject to maintenance periods and possible breakdowns. To the extent possible, the Company will notify Users in advance of any interruptions or shutdowns affecting all or part of the Site. 

5.2 Any User who registers on the Site declares and warrants the followings:

• Meeting the specified age requirements;
• Being legally apt to order and use the Knowlepsy Digital Wearable Device; 
• If necessary had or undertakes to consult their healthcare provider if they have any underlying health conditions that may affect the safe use of the Knowlepsy Digital Wearable Device;
• They are duly authorized and have the necessary rights if they represent a legal entity;
• Any information provided during the registration on the Site is true and correct.

5.3 Duration of the relationship between the User and the Company. These CGTU apply Users who have purchased our Knowlepsy Digital Wearable Device through our Site.

5.4 For details and conditions of purchase, please refer to the applicable General Terms and Conditions of Sale (available following this [Https://knowlepsy.com/legal mention/]).

ARTICLE 6. MANUAL OF USE

A manual of use documentation containing instructions and guidelines for safe use of the Knowlepsy Digital Wearable Device (the Manual of Use) will accompany your Knowlepsy Digital Wearable Device purchased on our Site at the delivery. Please carefully read it before any use and always prioritize your personal safety when using the Knowlepsy Digital Wearable Device. If you have any doubts or questions about the device’s safe usage, contact the customer support [….] for clarification or seek professional assistance.

6.1 Wearable information:

• Please ensure that the Knowlepsy Digital Wearable Device is properly fitted and positioned and make sure that straps, bands and clips are correctly adjusted to ensure a secure and comfortable fit according to ours instructions in the Manual of Use.
• Please follow the recommended charging instructions and use the provided charging equipment as indicated in the in the Manual of Use. Do not use unauthorized chargers.
• Please do not expose the Knowlepsy Digital Wearable Device to extreme temperatures. 
• Please note that the Knowlepsy Digital Wearable Device is water-resistant however please follow the specified depth and duration guidelines for water exposure indicated in the Manual of Use. 
• Please do not wear the Knowlepsy Digital Wearable Device during extreme or sports activities and do not expose it to extreme conditions or rough handling.
• Regularly clean and maintain the wearable device according to the Manual of Use. 

6.2 Components & Labeling:

All the Users must be aware that the Knowlepsy Digital Wearable Device is made of the following components:

• Silicone and silicone straps; and
• Metal bezel.

6.3 Allergen Disclosure & Consultation with Healthcare Professionals:

• Should you have any known allergy or skin sensitivities to these components, DO NOT USE OR WEAR our Knowlepsy Digital Wearable Device and please consult with a healthcare professional before using it. 
• Should you notice any allergy or skin irritation or experience any adverse reactions during the use of our Knowlepsy Digital Wearable Device, please discontinue using it and consult with a healthcare professional.

6.4 Reporting Adverse Reactions: 

Please report any adverse reactions or allergies experienced while using the Knowlepsy Digital Wearable Device. Your feedback is extremely important to improve the safety and design of future versions and is an essential part of monitoring product performance.

6.5 For recall and safety alerts and to stay informed about software updates provided by the manufacturer please report to the Manual of Use and to the site of the manufacturer available following this [Https://knowlepsy.com/legal mention/].

ARTICLE 7. DATA PRIVACY

The User gives his full, explicit and express authorization through these CGTU for the collection and use of his personal data voluntarily provided through the registration on the Site and the data collected through the Knowlepsy Digital Wearable Device:

• For the data provided by Users and collected through the Site and subsequently processed by the Company please report to the Personal Data Policy “Website” available following this [Https://knowlepsy.com/legal mention/].

• For the data collected through the Knowlepsy Digital Wearable Device please report to the Personal Data Policy “the Knowlepsy Digital Wearable Device” available following this [Https://knowlepsy.com/legal mention/].

Please make sure to read carefully these policies and to fully consent on it.

ARTICLE 8. CONFIDENTIALITY

8.1 In the context of these CGTU, the term “Confidential Information” includes, in particular, data, reports, studies, contracts, templates, drafts, and, more generally, all written or printed documents, all computer files, editions, representations, or digital prints, as well as all written or oral information, including commercial, financial, administrative, legal, or technical information.

8.2 Users and the Company undertake that this information will not be used, in whole or in part, for any purpose other than that proposed by the Company as defined by this CGTU.

ARTICLE 9. LIMITATION OF LIABILITY OF THE COMPANY

The Company shall not be liable to the User for any delay or program change or launch cancellation of the Knowlepsy Digital Wearable Device. The Company reminds that the information and services related to the Knowlepsy Digital Wearable Device offered on the Site may be subject to modification or deletion, temporarily or permanently.

The Company shall not be held responsible for the activities or information stored if it did not have actual knowledge of their unlawful nature or, from the moment it became aware, acted promptly to remove such data or make access to it impossible. Nor the Company is responsible for any action or false communication by companies.

The Company is not responsible for the trust the User may place in the completeness, accuracy, or existence of any advertisement published or issued by the Company.

ARTICLE 10. NULLITY CLAUSE

If one or more provisions of these CGTU were to be declared null and void, this nullity shall have no effect on the other provisions, which shall remain valid and applicable. If a clause were to be deleted or missing, it would be replaced by a legally valid provision consistent with the purpose of these Terms and Conditions.

ARTICLE 11. JURISDICTION AND APPLICABLE LAW

These CGTU shall be governed, interpreted and applied in accordance with Portuguese Law, with English language being the language of interpretation in the event of any dispute regarding the meaning of a term or provision of these CGTU. The courts of Lisbon shall have exclusive jurisdiction to hear any dispute relating to these Terms.