User Agreement 
IMPORTANT! CAREFULLY READ THE FOLLOWING LICENSE TERMS REGARDING USE OF THE SOENIA SERVICE (”TERMS”). CONFIRMING THAT YOU (”USER”) ACCEPT THE TERMS OR INSTALLING OR USING THE SERVICE SHALL BE DEEMED TO MEAN THAT YOU HAVE READ THESE TERMS, UNDERSTOOD THEM AND ACCEPTED THAT THEY ARE LEGALLY BINDING UPON YOU. IF YOU DO NOT ACCEPT ALL THE TERMS, DO NOT INSTALL OR USE THE SERVICE. 
1. General
This user agreement includes all terms concerning use of BrainCare Oy’s (”BrainCare”) Soenia application (”Application”) as well as use of the cloud-based data storage service, medical services, devices (including the wireless electrode implant used with the Application, hereinafter ”Sensor”) associated with the Application, as well as the use of any programs connected to or included in them (the whole Soenia bundle shall hereinafter be referred to as the ”Service”). When a User registers to the Service, uses the Service or purchases products associated with the Service, said User accepts the terms and undertakes to comply with them (hereinafter ”Terms”).
These Terms concern the BrainCare Service as well as all cloud data storage services, programs, program based services and web applications to which the User has been granted access or which have been offered to the User, such as support tools, web portals relating to use of the program, any relevant documentation and updates (together the ”Application”). The User accepts that certain restrictions apply to use of the Application, such as its purpose of use and restrictions relating to technical requirements, including without limitation those pertaining to operating system, geographical location and internet connection.
Title to and intellectual property rights in the Service and the programs relating thereto belong to BrainCare and/or its suppliers. The programs and applications are protected by copyright law and international copyright treaties as well as other treaties relating to intellectual property rights.
Contact details of the service provider: BrainCare Oy, Finn-Medi 1, Biokatu 6, 33520 Tampere, Finland.
The relevant hospital (”Hospital”) and, if necessary, the medical doctor at the Hospital responsible for care of the User nominated by the User (”Doctor”) will give the User, when he or she registers for the Service, shall provide the User with the medical content used in the Service, assessments of the User’s medical information, as well as any necessary changes to the User’s care plan or other medical actions, if any, carried out on the basis of said medical content or assessments.
The Hospital and the Doctor will be responsible for producing and providing for the User those parts of the Service pertaining to clinical medicine as well as for medical supervision and analysis of the User’s data as further provided in these Terms.
2. Amendments
The Service provider may at any time carry out amendments to the Service.
The Service provider has the right to unilaterally amend the Terms of the Agreement by serving notice of the same to the User by email, in writing, or via the Service. If the User continues to use the Service, he or she will be deemed to have accepted the amendments. 
BrainCare reserves the right to change the pricing and product offering of its products without notice.
3. Applicability of the Service for the Needs of the User
There are certain functional limitations to use of the Service, of which BrainCare (or BrainCare’s distributor, who has granted this license) will notify from time to time.
The User accepts that the User and the Doctor must check whether the Service is applicable for the needs of the User before starting to use the Service.
4. Right of Use
BrainCare grants to the User, in accordance with the Terms, a non-exclusive, non-transferrable right of use to the Service. The right of use shall enter into force when a) the User has accepted the Terms and b) BrainCare has received notification from the Hospital that the User is a patient of the Doctor, that the Service is connected with that doctor patient relationship, and that the Hospital undertakes to pay the license fee for the service.
BrainCare and its licensors withhold all rights that have not been expressly granted to the User under these Terms.
5. Limitations on the User’s Right of Use:
A) The User may not install or use the Service in breach of these license terms or other instructions from BrainCare or the Hospital.
B) The User may not provide copies of the Application or any programs included in the Service to third parties, transfer the Application electronically to the devices of third parties or give the Application to a third party for copying except to the extent expressly mentioned in the relevant documentation.
C) The User may not modify, change, translate, rent, sell or share the Application and/or any files relating thereto (including without limitation cloud data or other databases, news and descriptions) or parts thereof or create derivate products from the Application and/or parts thereof or files relating thereto.
D) The User may not decompile any programs and/or files relating thereto (including without limitation cloud data or other databases, news, descriptions and data transfers between the applications) included in the Service into source code, investigate the method of coding of the programs and/or files relating thereto, dismantle the programs and/or files relating thereto or otherwise cause the code of the programs and/or files relating thereto to be rendered into human readable form.
E) The User shall not have the right to use the documentation relating to the Service provided to him or her by BrainCare or the Hospital otherwise than in support of use of the Service.  
F) The User shall not disclose the license code necessary for installation and use of the Service to third parties.
G) The User shall not have the right to use the Service or any parts thereof in order to use any product or service that works with the Service for any purpose other than the purpose for which the Service has been granted.
In the event the User wishes to access rights other than the rights granted under these license terms, the User should contact BrainCare.
6. Warranties
BrainCare warrants that the Sensor is without material-related or production defects. This warranty shall remain in force for four (4) days after installation of the Sensor. BrainCare may, at its discretion, either replace the defective Sensor or return the purchase price of the Sensor to the User. BrainCare is not obliged to replace any Sensor damaged due to accident, abuse or misuse, or to return the purchase price of any Sensor damaged due to the above.
BrainCare shall without delay notify the User of any approvals or non-approvals for medical use of the Sensor and/or Service.
The only warranty granted by BrainCare for the Sensor is the limited warranty mentioned above. No oral or written statements or instructions from BrainCare or its distributors, resellers, representatives or employees shall grant a warranty broader than this limited warranty, and the User shall not be entitled to invoke any statements or instructions given by the above parties.
In some jurisdictions, no limitations to warranties for medical or presumed medical devices are allowed, and therefore this limitation may not apply to the User. Furthermore, the User may have some additional rights based on the applicable legislation.
THE SERVICE IS PROVIDED ON AN ”AS IS” BASIS WITHOUT ANY WARRANTIES. NEITHER BRAINCARE NOR ITS LICENSORS NOR DISTRIBUTORS GRANT ANY WARRANTIES WITH RESPECT TO THE CORRECTNESS, ACCURACY, RELIABILITY OR OTHER QUALITIES OF THE SERVICE OR THE DOCUMENTATION RELATING THERETO. NEITHER BRAINCARE NOR ITS LICENSORS NOR DISTRIBUTORS GRANT ANY IMPLICIT WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLICIT WARRANTIES CONCERNING TITLE, USABILITY, PERFORMANCE, NON-BREACH OF CONTRACT, EXPLOITABILITY OR APPLICABILITY FOR SPECIFIC PURPOSE.  RESPONSIBILITY FOR USE OF THE SERVICE OR THE DOCUMENTATION RELATING THERETO RESTS ENTIRELY WITH THE USER.
LIMITATIONS OF LIABILITY
NEITHER BRAINCARE, ITS EMPLOYEES, LICENSORS NOR DISTRIBUTORS NOR SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL OR INDIRECT DAMAGE SUFFERED BY THE USER, INCLUDING LOSS OF PROFIT OR REVENUE, LOST OR DAMAGED DATA, DEFECTS OR DISRUPTIONS OF THE SERVICE OR ANY DEVICE OR APPLICATION INCLUDED THEREIN, OR ANY SIMILAR ECONOMIC DAMAGE CAUSED DUE TO USE OR OBSTRUCTIONS OF USE OF THE SERVICE OR ANY MATERIAL RELATING THERETO, EVEN IN THE EVENT BRAINCARE HAD RECEIVED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
BRAINCARE DOES NOT PROVIDE SERVICES FALLING WITHIN THE FIELD OF HEALTHCARE OR CLINICAL MEDICINE, NOR IS BRAINCARE IN ANY WAY RESPONSIBLE FOR ANY MEDICAL OR HEALTH DAMAGE OR DETRIMENT TO THE USER CAUSED DUE TO USE OF THE SERVICE.
7. User’s Data Stored by the Service
User’s content stored by the Service may from time to time be partly removed due to amendments to the Service, changes in capacity, instructions from the Hospital or other similar reasons deemed necessary by Braincare, as well as when the User’s right of use ends. The User shall be solely responsible for content created with the Service and generally for use of the Service. BrainCare shall have the right to end the User’s right of use to the Service.
8. Data Transfer Expenses 
The User accepts that use of the Service and in particular Administration actions may incur data transfer expenses. These additional expenses depend on the User’s own device / connection / operator, and the User shall be responsible for all these expenses. BrainCare is not responsible in any way for any device or data traffic expenses incurred by the User due to use of the Service.
9. Protection of the Service
The User acknowledges that, while the Service and any transfer or use of the content therein is protected from intrusion by third parties, BrainCare does not warrant that this protection will be complete or absolute against illegal data transfer capture, data protection gaps in the data storages, or with respect to the incorrect protection settings of devices or browsers.
10. Data Protection and Processing of Personal Data
The Service collects personally identifying data relating to the User. This kind of data may include the User’s name, phone number or e-mail address. 
In addition, information pertaining to the User’s health, particularly epileptic seizures, is collected in the Service and processed for the purposes of the Service. This kind of data collected by the Service includes, e.g., the type, duration, time, place, and background information of epileptic seizures. Data is also collected in such a way that they can be connected to the User. The basis for collecting and processing this sensitive data is the diagnosis and treatment of the User’s medical condition(s), pursuant to a contract between the User and the User’s healthcare provider. 
Furthermore, data derived from or relating to the User, in particular data relating to medication administered and any adverse effects of medication may be provided to third parties for scientific and industrial research after said data has been irreversably anonymised so that it can no longer be associated with the User.
Further information on the collecting and processing of personal data relating to the Service can be found at: URL, and/or by contacting the BrainCare Data Protection Officer (Jukka-Pekka Pirhonen, jp@braincare.fi).
11. User’s Technical Actions
In order for the Service to function as intended, the User undertakes to carry out the necessary technical maintenance or similar installations: for Android devices the operating system should be updated at least to version 4.4
12. Changes
BrainCare is constantly improving its services. BrainCare reserves the right to change the functionalities or qualities of the Service. This is done in order to produce better products and services for users and to make changes to the Service due to future technical or legal limitations, technical or medical development or similar reasons. Consequently, BrainCare must occasionally update and amend the Service. These changes may include adding new functionalities or removing existing ones. The User must use the most recent version of the Application in order to ensure optimum usability and data security. BrainCare reserves the right to cease maintaining and supporting any given version of the software or support for any given operating system in accordance with the life cycle practices of the products in question. The Service will likely develop and change during the term of the User’s order, and BrainCare may need to amend these terms when an update is carried out. The amended terms shall automatically apply to the updated version of the Service.
If any part of these Terms is deemed invalid or unenforceable, it shall not affect the validity of the other Terms, which shall remain in force and enforceable.
13. Additional Terms Applicable to Websites
The Service may include or make use of web applications or portals (”Sites”). Additional terms may be applicable to use of Sites. The User undertakes to read the additional terms applicable to Sites and to use the Sites in accordance with said terms. The Sites may belong to BrainCare’s distributors or other third parties. BrainCare shall in no way be liable for the Sites of third parties.
14. Availability
The User shall be notified if some or all parts of the Service are temporarily unavailable / do not work due to repair, update, maintenance or factors outside the control of BrainCare (force majeure). The User accepts such breaks in availability. Neither BrainCare, its licensors nor distributors shall be liable for the consequences of such breaks. BrainCare undertakes to store functionality of the Service as soon as possible, and to bring the Service back into use immediately once possible due to the technical problems arising. However, BrainCare does not undertake to restore the service to use within any given time period.
15. Termination 
A User’s right to use the Service shall be terminated immediately without notice, if the User breaches any of these Terms or uses the Service for anything except the supervision or documentation of epileptic seizures. This shall be without prejudice to any other rights of termination or expiry. If BrainCare detects that a User has i) breached these Terms or ii) breaches other applicable terms, BrainCare reserves the right to (i) not renew the User’s license, (ii) restrict the User’s right to use the Service and/or a part thereof and/or (iii) to terminate the User’s license. The User shall have no right to claim compensation, damages or any other reparation from BrainCare for such termination. The limitations on the right of use of the User shall remain in force after termination.
16. Applicable Legislation
Unless otherwise expressly stated, these Terms shall be governed by the laws of Finland with the exception of its conflict of laws provisions, and in any event the Convention on the International Sale of Goods shall not apply to these Terms. In the event of a dispute arising from or relating to these Terms, the court of competent jurisdiction shall be the competent Finnish court. In the event a license has been purchased by a User outside Finland, these terms may alternatively, at the discretion of BrainCare, by governed by the laws of the User’s jurisdiction with the exception of its conflict of laws provisions and the CISG.
In the event BrainCare decides to waive the execution of any of its rights under these Terms, such waiver shall not be deemed as a waiver of BrainCare’s right to enforce such rights at a later date.