Terms of Service

1. Introduction

Welcome to Fil Care ("Fil," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website and waitlist service.

By accessing our website or signing up for our waitlist, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. About Our Service

Fil is currently in development. Our website allows you to join our waitlist to receive updates about our product launch and early access opportunities.

Important: Fil is not a medical device, emergency service, or substitute for professional medical advice, diagnosis, or treatment. Our service is designed to complement cognitive stimulation therapy activities and should not replace care from qualified healthcare professionals.

3. Eligibility

You must be at least 16 years of age to join our waitlist or use our website. By using our services, you represent and warrant that you meet this age requirement.

If you are joining on behalf of someone else (e.g., as a caregiver), you confirm that you have the authority to provide their information and consent on their behalf.

4. Waitlist Registration

When you join our waitlist, you agree to:

• Provide accurate, current, and complete information
• Keep your information up to date
• Not misrepresent your identity or affiliation
• Not use the waitlist for spam or fraudulent purposes

Joining our waitlist does not guarantee access to Fil or any specific features. We reserve the right to invite users at our discretion.

5. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, and software, is the property of Fil Care or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, or reproduce any content without our written permission
• Use our trademarks, logos, or branding without authorization
• Reverse engineer or attempt to extract source code from our website
• Use automated systems (bots, scrapers) to access our website without permission

6. User Conduct

When using our website and services, you agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful or malicious code (viruses, malware, etc.)
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm others
• Submit false or misleading information

7. Medical Disclaimer

Fil is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Our service provides cognitive stimulation activities based on clinical research, but it does not replace professional medical care. You should:

• Always consult qualified healthcare professionals for medical advice
• Not rely on Fil as a substitute for medical diagnosis or treatment
• Continue all prescribed treatments and therapies as directed by your healthcare team
• Contact emergency services (112 in the EU, or your local emergency number) in case of medical emergencies

We make no guarantees about the effectiveness of our service for any specific individual or condition.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We comply with the EU General Data Protection Regulation (GDPR) and UK GDPR. You have rights regarding your personal data as described in our Privacy Policy.

9. Communications

By joining our waitlist, you consent to receive communications from us, including:

• Product updates and news about Fil
• Early access invitations
• User research and testing opportunities (if you've opted in)
• Important service announcements

You may unsubscribe from marketing communications at any time by clicking the unsubscribe link in our emails or contacting us at hello@fil-care.com.

10. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• Our services will be uninterrupted, secure, or error-free
• The information provided is accurate, complete, or current
• Any defects or errors will be corrected
• Our services will meet your specific requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIL CARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising out of or related to these Terms or our services shall not exceed the amount you paid us (if any) in the twelve (12) months before the event giving rise to the liability.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fil Care, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Any information you provide to us

13. Third-Party Services

Our website may contain links to third-party websites or use third-party services (such as Web3Forms and Vercel Analytics). We are not responsible for:

• The content, privacy policies, or practices of third-party sites or services
• Any damages or losses caused by your use of third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

14. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

You may stop using our services and request removal from our waitlist at any time by contacting us at hello@fil-care.com.

Upon termination, your data will be handled according to our Privacy Policy and data retention policies.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending you an email (if you are on our waitlist)

Your continued use of our services after the changes take effect constitutes your acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Germany.

Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, except where EU consumer protection laws provide you with the right to bring proceedings in your country of residence.

EU Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fil Care regarding your use of our services and supersede any prior agreements.

19. Contact Information

If you have any questions about these Terms, please contact us:

Fil Care
Email: hello@fil-care.com
Address: Altensteinstraße 40, 14195 Berlin, Germany