TERMS AND CONDITIONS

Last update: 26.03.2025

‍

This document details the practice of NGO “MAKE IT IN ORADEA / SUCCEED IN ORADEA” regarding the content of the domain https://www.brightlabs.build/ (hereinafter briefly, generically, the Platform) and the “Bright Labs Incubator” Program (hereinafter referred to as the Program), with the aim of informing users on these topics.

‍

By using the Platform further, you acknowledge that you have read and agree to the Cookie Policy, the Privacy Policy and these Terms and Conditions.

‍

CONTENT:

1. Identification

2. Contact details in the field of personal data protection

3. Acceptance of the user with respect to the application of the Terms and Conditions

4. Conclusion of the contract. Participation in the Program

5. User’s responsibilities

6. Liability of MITO

7. Ownership and Intellectual Property of MITO

8. Termination of the contract

9. Force majeure

10. Personal data

11. Notifications

12. Assignment of contract and contractual obligations

13. Third party websites/apps

14. Security

15. Confidentiality

16. Applicable law and dispute settlement

17. Updates of the Terms and Conditions

18. Final provisions

‍

1. Identification

Name: Association “MAKE IT IN ORADEA / SUCCEED IN ORADEA”, legal person with no patrimonial purpose (hereinafter the NGO or MITO)

Headquarters: Romania, Bihor county, Oradea, 35, Emanuil Gojdu Square, Oradea Citadel, building I, ground floor

Fiscal no. 43347357

Email: chat@brightlabs.build

‍

2. Contact details in the field of personal data protection

The contact details that the visitor can use to transmit any requests, notifications or claims regarding the Terms and Conditions, the Privacy Policy, the Cookie Policy, as well as any other information published on the Platform, policies or operations performed by MITO, are indicated at point 1 above. 

`

The deadline for MITO to send a response is no more than 30 days from the receipt of the request.

‍

3. Acceptance of the user with respect to the application of the Terms and Conditions

These terms and conditions are assumed by MITO and by the users of the Platform (i.e. by you).

Consequently, the use of the Platform, in any form, by visitors, automatically implies acceptance of all those set out below and of the policies referred to (where the law does not require additional steps to be taken to express acceptance), as well as assumption of the obligation that they have the full and free right and ability to access the Platform, register for the participation in the Program, register for an Ask me anything session, and provide information to MITO. 

‍

IF, HOWEVER, THE USER DOES NOT ACCEPT OR DOES NOT FULLY AGREE TO THE TERMS AND CONDITIONS OR OTHER POLICIES DISPLAYED, HE/SHE IS KINDLY ASKED NOT USE THE PLATFORM, NOT TO REGISTER FOR THE PROGRAM, NOT TO SIGN UP FOR AN ASK ME ANYTHING MEETING, AND NOT TO SEND MESSAGES USING THE CONTACT LINK OR BY CALLING THE NUMBER OR SENDING AN EMAIL USING THE CONTACT DATA DISPLAYED ON THE PLATFORM OR INDICATED HEREIN.

‍

4. Conclusion of the contract. Participation in the Program 

An user can access the Platform without creating a user account and without being obliged to register in the Program or schedule an Ask me anything session. The visitor may also freely send messages with requests, complaints or questions to the Platform via the Contact link, by email or by calling the number displayed on the Platform and indicated in art. 1 above, or at the email address indicated there.

‍

If a user would like to find out more about the Program, a meeting with the Program Manager can be scheduled by using the Ask me anything form, but this action is not mandatory for registering in the Program. 

‍

The user will be deemed to have submitted a definite participation in the Program request, by pressing the “Submit” button at the end of the form, after filling in the required information and checking the boxes. 

‍

Before sending the actual registration form, the user may at any time view and/or modify the data sent, identify any errors at the time of entry and correct them before placing the registration request. 

‍

5. User’s responsibilities 

The user is solely responsible for collecting, registering, uploading and updating all content processed by means of the Platform, and for ensuring that such content does not:

1. include anything that actually or potentially infringes or misappropriated the copyright, trade secret, trademark or other intellectual property right of any third party, or
2. contain anything that is obscene, defamatory, harassing, offensive, malicious or violates regulations and/or laws in force or rights of third parties (including but not limited to rights of patients). 

The user shall ensure that the following rules are complied with:

1. the registered users are real people. Registrations by bots and other automated methods are not allowed;
2. users are responsible for maintaining the security of their IT equipment. MITO cannot and will not be liable for any loss or damage from the user’s failure to comply with this security obligation;
3. users are responsible for all content transmitted via the Platform and activity that occurs under their name – whether it be messages, phone or social networks. 
4. when filling in the forms on the Platform, as well as during discussions with MITO representatives, all data indicated as mandatory in forms must be provided. When filling in the forms on the Platform, the users shall communicate real and valid data. If the data provided undergoes any changes, users are obliged to communicate this immediately to the NGO so that it can comply with its legal and contractual obligations.  By using the Platform, the user assumes that it took the steps required when filling in the forms and express valid consent (where applicable), freely and without the need for prior approval from a third party that has not been obtained. Fake registrations shall be deleted immediately when detected.
5. As of submitting the Registration form, the user undertakes that he/she has reviewed and will comply with those indicated in the Program Regulation.

‍

6. Liability of MITO

As a factual matter, use of the Platform, including any content, information or functionality contained therein, is provided on an “as is” and “as available” basis. The user assumes full responsibility and risk for the use of the Platform. However MITO will use reasonable efforts to make the Platform available and undertakes to take all necessary measures to reduce as much as possible the risk of the occurrence of an event that could adversely affect the user. 

‍

Considering the above, the user shall assist the NGO in precisely identifying any problem and remedying any error. Thus, in the event of an error occurring, the user shall immediately notify MITO in writing and describe the error occurring in as much detail as possible. Remediation is conditional upon reproduction and demonstration of the error based on the description provided by the user. In any case, the user shall not remove the error by its own means, otherwise it shall be liable for damages caused to MITO.

‍

The user understands that the Platform may be used for the transmission of his/her content (such as messages and forms).

‍

The user understands that MITO uses third party hosting partners to provide the hardware, software, information, networking, storage and related technology necessary to run the Platform and the Program.

‍

NGO makes no warranties and assumes no liability in respect of any of the following:

1. the satisfaction of the user in using the Platform or participation in the Program;
2. that the Platform shall be fully available at all times, uninterrupted and error-free, subject to the condition that any malfunction of the Platform will be remedied if MITO is able to do so;
3. that errors in the Platform can be corrected in a timely manner;
4. the user’s business decisions and automated business processes resulting from the use of the Platform or participation in the Program;
5. the loss of data, if the loss was caused by improper use of the Platform and/or failure to take measures and to follow instructions communicated by MITO or reasonably predictable (faulty hardware and/or software, faulty power supply, faulty internet connection);
6. data and entries made by the user that may infringe the rights of third parties (intellectual property, data protection, etc.), the user being solely responsible for processing such data;
7. suspension or termination of user’s participation in the Program due to breach of the online policies uploaded on the Platform, the Program Regulation or other contractual agreements of the Parties;
8. any malfunctioning of the Platform due to causes that are not solely the responsibility of the MITO, such as: improper use of the equipment or the Platform by the user, changes of any kind in the connections of monitoring equipment, peripherals or reports generated, decisions to grant access to the Platform to third parties by the user, adoption of decisions by public authorities that impact the clauses stipulated herein;
9. matters relating to, inter alia: the compatibility of the Platform with the hardware and software used by the visitors (however, MITO hereby informs that users should install recent versions of the recommended Google Chrome browser, for example); the effects of using the Platform (including but not limited to the generation of viruses and the possibility of fast access).

‍

MITO is neither responsible nor liable for any direct, indirect, incidental, consequential, special or other damages arising out of or in any way connected with the use of the Platform nor the participation in the Program. NGO shall not be liable for any loss of data or functionality caused directly or indirectly by the users or any third party which was not contracted by MITO.

‍

MITO will be liable only towards the users and only for damage caused with direct intent, regardless of the cause and nature of the damage. The remedy available to any users if they have any grievances relating to the Platform or the Program, is to cease using them/widraw from the Program. 

‍

7. Ownership and Intellectual Property of MITO

MITO owns all intellectual property rights (including copyright) regarding the Program, the Platform and the Make IT in Oradea name, as well as any information indicated on the Platform by NGO (including but not limited to testimonials, derivative works, enhancements to the Platform with or without the support of the users). 

‍

Users shall not act in any way that may infringe MITO’s rights and agree not to use any sign or name similar or identical to the marks or names used by MITO on the Platform.

‍

NGO shall in no event be liable for any loss of use, contracts, data, goodwill, revenue or profits (whether considered direct claims or not) or any loss, damage or expense suffered by visitors/users based on or in connection with the Platform.

‍

8. Termination of the contract

The situations leading to termination of the contractual relationship of the Parties described herein, are: 

‍

1. When a user is not selected in the next stage of the Program;
2. When a user was selected to the part of the Program, but his/her participation is terminated (at the end of the Program or even during the Program – according to those indicated in the Program Regulation);
3. When MITO decides to stop the Program at any time, regardless of the reason (case in which the user has no further claims for any damages whatsoever).

‍

9. Force majeure

Force majeure, as defined by law, shall exonerate the Party invoking it from liability provided that it notifies the other Party in writing within a period of no more than 5 days from the date of the occurrence of the force majeure, failure to do so having the effect of obliging the Party at fault to pay the sums necessary to cover the damage caused to the other Party by failure to give timely notice of the situation.

Force majeure shall exonerate the Parties from liability in the event of improper or delayed performance of their obligations under these Terms and Conditions. 

If the period of force majeure lasts for more than 60 days, the contractual terms agreed upon according to these Terms and Conditions shall resume the form agreed prior to the occurrence of the force majeure.

Force majeure means an event beyond the control of the Parties, unforeseeable and insurmountable, occurring after the conclusion of the contract and preventing the Parties from performing their obligations. Such events are considered to be: wars, revolutions, fires, floods or any other natural disasters, restrictions arising from quarantine (except as provided for in the following paragraph) and embargoes – the list is not exhaustive.

‍

10. Personal data

Given that MITO acts as the data controller within the context of the Program, it is obliged to comply with the specific requirements of the legislation in force. 

‍

For more information on how personal data is processed through the Platform, please review the Privacy Policy.

‍

11. Notifications

All notices, requests, registrations or any other documents communicated between the Parties shall be made in writing and sent by e-mail to the address indicated in the introductory part of these Terms and Conditions. 

All notices, requests, registrations or other documents communicated between the Parties, sent or required to be sent in writing, in Romanian or in English language.

Any notice so given shall be deemed to have been given on the next day of transmission of the e-mail/message if sent on a working day, or on the first working day following the day of transmission if sent on a non-working day.

Verbal notifications shall not be taken into account by either Party unless they are confirmed by one of the means set out in the preceding paragraphs.

‍

12. Assignment of contract and contractual obligations

None of the Parties shall assign, without the prior written approval of the other Party, in whole or in part, this contract or the rights/obligations arising therefrom, regardless of the form of such acts and whether they are free of charge or for consideration. Thus, a user that was selected as participant in the Program cannot transfer that quality to another person without the prior written consent of MITO, and MITO cannot transfer the Program to another entity and hence oblige the user to remain a participant without the latter prior written agreement.

Any assignment shall be subject to the same terms and conditions as those laid down here, so that the assignee shall be bound in all respects by what the assignor has undertaken by concluding the contract. 

‍

13. Third party websites/apps

The Platform may contain links or references to other companies’ websites/apps. Such websites/apps may contain terms and conditions or policies that differ from those of MITO, or may have reduced security measures. ACCESSING THOSE LINKS AND THEREFORE TO THIRD PARTY WEBSITES/APPS IS AT THE SOLE RISK OF THE USER. 

The content of the Platform may also include advertising sections where advertising messages of third parties will be displayed. MITO is not responsible in any way for the content provided by third parties, whether advertising or not, nor for the way in which such third parties agree to comply with their legal obligations.

‍

14. Security

The Platform is protected by competitive security systems. However, like most websites and apps on the Internet, it cannot be completely free of vulnerabilities. 

Therefore, information submitted by users using the Platform may be subject to privacy and security breaches beyond MITO’s direct control (such as the transmission of unsolicited spam messages, viruses on the equipment used, theft of IP addresses, unauthorized access to email) for which NGO assumes no responsibility, although it tries to avoid such unpleasant events.

‍

15. Confidentiality

A Party shall not be entitled, without the written consent of the other Party to use the information and documents obtained or to which it has access during the performance of their collaboration – hence in the context of the Program (whether or not they are marked as confidential and regardless of what they relate to, but in particular those relating to special personal data) for any purpose other than that of fulfilling its contractual obligations hereunder. Thus, Confidential Information means any information belonging to or relating to the business of one of the Parties or its affiliates (including but not limited to trade secrets) and any information disclosed by it or its affiliates to the other Party in writing, by electronic message, orally or by any other form of communication, or obtained by the other Party through its own observations, direct or indirect, including but not limited to data, analyses, reports, manuals, studies, ideas, concepts, software, source code, know-how, techniques, methodologies, databases, technical data compilations, designs, specifications, drawings, matrices, memoranda, forecasts, correspondence, diagrams, models, flow charts, computer programs, business plans/procedures/strategies, territorial coverage, plans/strategies, any documents drafted by either Party or any of its employees or collaborators, including those relating to patients, caregivers, physicians, nurses, ancillary personnel, costs, products, equipment, marketing, methods, training programs, suppliers, providers, specifications, any technical, medical, financial, commercial or business information – whether or not the term “Confidential” is used or otherwise.

Disclosure of any Confidential Information to persons involved in the Program, shall be made in confidence and only to the extent necessary to perform the contractual obligations deriving therefrom.

A Party shall be exempt from liability for disclosure of Confidential Information if:

1. the information was known to one Party before it was received from the other Party; or
2. the information was disclosed after the other Party’s written consent to such disclosure had been obtained, or it was expressly indicated that the information was not subject to the obligation of confidentiality; or
3. is deemed to be public as a result of its publication or disclosure otherwise than in breach of the contract. Information shall not be deemed to be public merely because part of it is contained in general disclosures or certain features or components are now or subsequently become publicly known;
4. is disclosed to a Party by a third party who has the right to disclose such information without thereby violating any rights or obligations to the other Party;
5. is independently developed by an employee or collaborator of either Party without the use of Confidential Information relating to the other Party;
6. a Party has a legal obligation to disclose the information, provided, however, that the other Party is given timely notice of the existence of such disclosure requirement (including a copy of any applicable subpoena or legal rule) and an opportunity to object to disclosure. In such a case, only that part of the Confidential Information that is absolutely required by law to be disclosed will be disclosed.  

Each Party agrees to protect the confidentiality of and take all reasonable steps to prevent unauthorized disclosure or use of Confidential Information. Without limiting the generality of the foregoing, each Party agrees to take at least the same measures and use the same methods as it uses for its own Confidential Information to prevent unauthorized use of Confidential Information received.

One Party shall promptly notify the other in writing of any unauthorized use/risk of unauthorized use of Confidential Information of which it becomes aware and will provide all necessary assistance in connection with any steps that the affected Party may wish to take to prevent, stop or obtain redress for such breach.

Any Confidential Information provided by either Party shall be immediately destroyed or returned to the other Party together with all copies of the documents, at the latest upon termination of their contract or at the request of the Party concerned (depending on the latter’s option) with an address certifying that this obligation has been fulfilled.

Neither Party shall have any right or claim with respect to any Confidential Information provided by the other Party except as provided herein.

This confidentiality obligation is assumed by the Parties for an unlimited period of time, even after termination of their contractual relationship for any reason.

‍

16. Applicable law and dispute settlement

The rights and obligations of the parties in relation to the use of the Platform (i.e. users and MITO), will be interpreted and governed by Romanian law and the provisions of European legislation. 

‍

For any disagreement arising out of or in connection with the contractual relationship, the Parties undertake to attempt to resolve it amicably by direct negotiation unless an urgent solution is required which could result in the loss of rights by one or both Parties. If after 15 days from the beginning of these discussions, the Parties fail to reach a consensus and an extension has not been expressly agreed by the Parties, any dispute regarding the Platform, interpretation, execution, breach, cancellation or termination of the contractual relationship, shall be settled by the competent courts of law from the MITO headquarters.

‍

17. Updates of the Terms and Conditions

MITO reserves the right to modify / update the content of the Platform and to modify any of its functionalities, including the policies to which reference is made, at its sole discretion, at any time and for any reason (including but not limited to the occurrence of legislative or jurisprudential changes that may affect the consequences to those published on the Platform). The revision of this policy in the future shall be indicated by modifying the date of “Last update” at the top of the page. After the date the updated policy is published, accessing the Platform will represent the user’s acceptance of these updated conditions.

‍

However, if there are significant changes that could affect the rights and freedoms of users, informing them about those changes will be made by easily visible indications posted on the Platform (pop-ups), by sending emails on the addresses provided, if applicable or by sending messages in the Platform for the registered users. Such significant changes will have effects for users within 15 days from the time of the posting of the pop-up in question or of sending the email/message by MITO (how the information will be made being decided by NGO, on a case by case basis).

‍

Regardless of the extent of the change, the responsibility to check the content of the Platform (including these Terms and Conditions, as well as the policies displayed), to be up to date with the latest versions, will be entirely the responsibility of the user. Thus, THE ANALYSIS OF THESE TERMS AND CONDITIONS, BUT ALSO OF THE PRIVACY POLICY AND OF THE COOKIE POLICY, MUST BE PERFORMED BY THE USERS WHENEVER THEY ACCESS THIS PLATFORM AND BEFORE MAKING ANY REGISTRATION OR PROVIDING DATA, WHEREAS CHANGES CAN APPEAR.

‍

MITO also has the free and exclusive right to suspend the functioning or even close the Platform (and/or the Program) with immediate effect.

‍

18. Final provisions

This policy applies to MITO and to the users of the Platform.

‍

This document is part of MITO’s set of security policies. Other policies can be applied to the topics addressed in this document and shall be reviewed according to specific needs.

‍

The meaning given to each term defined herein shall apply to both the singular and plural forms and words designating gender shall include both genders. Where a word or phrase is defined herein, all grammatical forms shall have a corresponding meaning. Section headings in the Terms and Conditions are for reference purposes only and shall in no way affect the meaning or interpretation of this document. All references to a Party or any part of any contract or document shall include that Party’s successors, assigns, affiliates. 

‍

If any provision of the Terms and Conditions shall be ineffective (void) either in whole or in part, or if any provision shall in the course of time become invalid, or if the Terms and Conditions shall be defective in any way, the remaining provisions shall not be affected in any way. For the purpose of replacing the invalid provision, i.e. to close the loophole, the Parties shall be deemed to have agreed that the provision in question shall be replaced by a legal regulation which corresponds as far as possible to the intention of the Parties or which would correspond to the intention which the Parties would have had, taking into account the purpose and significance of the Platform and the Terms and Conditions, if they had known that the provision in question or the loophole was invalid.

‍

The Parties expressly declare that the persons who have decided to conclude the contractual relationship (as regulated above) and those who shall send the notifications from the addresses (letter/e-mail) indicated herein, are legally authorized to carry out these steps and can fulfill their obligations, the Parties therefore assuming all actions of those persons.

‍

If a Party waives its right to require performance of a contractual provision, such waiver shall relate strictly to that situation and shall not result in a general waiver of the right to require performance of the contractual provision.

‍

Terms and Conditions contain only freely negotiated clauses and represent the understanding between the Parties with respect to the Platform and the Program, together with those indicated in the Program Regulation and Incubation Agreement, irrespective of which Party proposed the document. In the event of any ambiguity or uncertainty as to the intention of the Parties or the interpretation of clauses, the contract between them shall be deemed to have been drawn up by the Parties together and no presumption favoring or disfavoring a Party shall arise. 

‍

In the event of any inconsistency between the Terms and Conditions and those set out in separate agreements signed by both Parties, the terms of those agreements shall prevail.

‍

The Parties expressly agree to derogate from any general or special conditions of the user if they derogate from or supplement in any way the contractual provisions herein or in the separate agreements agreed upon by the Parties.

‍

During the entire period of the contractual relationship with MITO and for an unlimited period after its termination, the user shall not denigrate NGO by communicating or disseminating information that does not correspond to reality or that is likely to harm MITO’s interests. With reference to the aforementioned prohibitions, the user shall not carry out any such activity or encourage or support any third party to do so. 

The status of the Parties is that of independent, unrelated contracting parties. No action taken by the Parties hereunder or in accordance herewith shall be construed as a partnership, joint venture, employment, agency, affiliation or any other similar relationship between the Parties; nor as granting either Party the authority to undertake or incur any obligation in the name of or on behalf of the other Party or to make representations, give guarantees or assume commitments on behalf of the other Party.