End User License Agreement (EULA)
Terms and Conditions of Use – Biofeedback Software and Biofeedback Device
IMPORTANT — Please read carefully before installing or using the Software or Biofeedback Device.
By downloading, installing, activating, accessing, connecting, or using the Software and/or any compatible Biofeedback Device, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions.
If you do not agree, you must not install or use the Software or Device.
1. Definitions
“Software” refers to all executable programs, analytical engines, algorithms, artificial intelligence modules, databases, graphical interfaces, reports, updates, firmware integrations, training materials, documentation, and related digital infrastructure provided by Quantum Medical SRL.
“Biofeedback Device” refers to any hardware unit, sensor, harness, probe, plate, connector, interface module, or accessory designed to operate with the Software.
“User” refers to any individual or entity installing, operating, supervising, distributing, or otherwise benefiting from the use of the Software or Biofeedback Device.
2. Informational, Educational and Wellness Nature
The Software and Biofeedback Device are intended for informational, educational, research, wellness-support, and biofeedback purposes.
They are not guaranteed to produce therapeutic results and are not intended to diagnose, treat, cure, prevent, or monitor any disease unless expressly certified under applicable regulatory frameworks in the User’s jurisdiction.
The User is solely responsible for determining lawful use and appropriate professional scope of application.
3. No Reliance on Software Outputs
Users must not rely solely or materially on Software outputs when making medical, psychological, therapeutic, financial, or business decisions.
All information generated by the Software requires independent professional evaluation and interpretation.
4. Artificial Intelligence and Automated Analysis
Certain Software features may use automated analytical processes, statistical modeling, pattern recognition, heuristic inference, or artificial intelligence technologies.
As a result, outputs may be incomplete, inaccurate, delayed, or subject to interpretation.
Quantum Medical SRL shall not be liable for decisions taken based on automated or algorithmic outputs.
5. Practitioner Responsibility
The Software and Biofeedback Device are typically operated by a practitioner on multiple individuals.
By activating the Software, creating patient records, configuring sessions, or initiating any assessment or therapy session, the User confirms that they act in the role of operator or practitioner and assume full responsibility for safe and lawful use.
The User agrees to:
- obtain informed consent from individuals undergoing sessions
- verify absence of contraindications such as pacemakers or implanted electronic devices
- supervise sessions continuously
- stop sessions immediately in case of discomfort or adverse reaction
- interpret Software outputs using professional judgment
- avoid making unauthorized medical or therapeutic claims
- ensure adequate training before using the system
Quantum Medical SRL is not responsible for practitioner decisions, clinical supervision, or real-world application of device outputs.
6. Contraindications
The Biofeedback Device must not be used:
- on persons wearing pacemakers
- on persons with implanted electronic or electrical medical devices
- on persons connected to monitoring or life-support equipment
- in surgical or intensive care environments
- near critical hospital equipment
Use in such circumstances constitutes misuse.
7. Proper Equipment Use
Only approved accessories and compatible configurations should be used.
Unauthorized modification, substitution of components, experimental wiring, or integration with non-approved systems may lead to malfunction, injury, or inaccurate outputs.
Quantum Medical SRL bears no responsibility for consequences resulting from improper hardware usage.
8. Technology and Computer System Risks
The Software operates within complex technological environments.
The User assumes full responsibility for risks related to:
- operating system instability
- driver conflicts
- firmware incompatibility
- hardware overheating or failure
- storage device malfunction
- data corruption
- cybersecurity incidents
Quantum Medical SRL shall not be liable for technological damage or data loss.
9. Offline Operation and Internet Connectivity
The Software and Biofeedback Device may operate in limited offline mode.
However, stable internet connectivity is required for proper functioning of activation processes, license validation, software updates, synchronization features, automated backups, and certain analytical services.
Reduced functionality due to network conditions does not create liability.
10. No Therapeutic Guarantee
No improvement, stabilization, or therapeutic benefit is guaranteed.
Results may vary depending on practitioner skill, interpretation, individual variability, and environmental conditions.
11. Indemnification
The User agrees to indemnify and hold harmless Quantum Medical SRL and its affiliates from any claims arising from:
- misuse of the Software or Device
- negligent supervision of sessions
- unauthorized medical or therapeutic claims
- regulatory non-compliance
- commercial misrepresentation
- resale or redistribution activities
12. Intellectual Property
All Software architecture, analytical methodologies, graphical interfaces, reports, training materials, firmware integrations, and related device technologies are the exclusive intellectual property of Quantum Medical SRL.
Certain components may include contributions from collaborators incorporated under agreements granting Quantum Medical SRL full rights of use and commercialization.
Users may not copy, reproduce, decompile, reverse engineer, distribute, sublicense, or develop competing technologies without prior written authorization.
13. License Suspension
Quantum Medical SRL reserves the right to suspend or terminate Software access or licensing rights in cases of misuse, breach of these Terms, regulatory exposure, reputational harm, or unauthorized commercialization.
14. Class Action Waiver
To the extent permitted by law, Users agree to resolve disputes individually and waive participation in collective or class legal proceedings.
15. Force Majeure
Quantum Medical SRL shall not be liable for failure to perform obligations due to events beyond reasonable control, including infrastructure failures, cyber incidents, regulatory intervention, supply chain disruption, or geopolitical instability.
16. Automated Backup and Secure Remote Storage
To protect Users against data loss and ensure system continuity, the Software may automatically generate encrypted backup copies of operational data such as patient lists, session parameters, and configuration settings.
These backups may be securely transmitted to infrastructure operated or contracted by Quantum Medical SRL.
Backup transmission may occur automatically, including during Software closure or scheduled synchronization.
Backup data is retained for a limited operational period, generally not exceeding three (3) months, after which it may be deleted or overwritten.
Quantum Medical SRL does not use such backup data for therapeutic decision-making, marketing purposes, or commercial profiling.
Users acknowledge that automated background backups are part of normal Software operation.
17. Governing Law and Severability
These Terms shall be governed by applicable law as determined by the manufacturer unless mandatory legal provisions apply.
If any provision is deemed unenforceable, the remaining provisions shall remain valid.
18. Acceptance
Downloading, installing, activating, or continuing to use the Software or Biofeedback Device constitutes full acceptance of these Terms.