INTRODUCTION

This mobile application, FaceRehab, has been developed and is operated by INOVUJ s.r.o. This End User License Agreement (hereinafter referred to as “EULA” or “license”) is a legal agreement between you (“user”) and INOVUJ, governing the use of the application. “Application” refers to the FaceRehab mobile application software, all content, tools, accompanying documentation, and all services under the control of INOVUJ that are operational in connection with the application (collectively referred to as “services”). The following EULA agreement (along with the documents referenced therein) pertains to the use of this application, including access to the application, browsing it, or registering for its use.

BY CLICKING THE “I AGREE” BUTTON, YOU EXPRESS YOUR INTENT THAT THIS ACTION SERVES AS AN ELECTRONIC SIGNATURE OF THIS LICENSE WITH THE SAME LEGAL EFFECT AND ENFORCEABILITY AS A HANDWRITTEN SIGNATURE, (II) YOU DECLARE AND GUARANTEE THAT YOU HAVE REACHED THE LEGAL AGE ACCORDING TO LAW AND HAVE THE CAPACITY TO ACCEPT THIS LICENSE, AND (III) YOU DECLARE AND GUARANTEE THAT YOUR REGISTRATION AND USE OF THIS APPLICATION COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS THAT APPLY TO YOU.

This application may be used with smartphones running on iOS (Apple) and Android (Google) operating systems, but it may not be compatible with all versions of operating systems. Before downloading, check the compatibility of your operating system and phone. This application is provided under license by INOVUJ for use only on the terms of this license, and INOVUJ reserves all rights not expressly granted to you. INOVUJ retains ownership of all rights, claims, and interests in this application. Except for the limited rights and licenses expressly granted under this EULA agreement, you do not acquire any rights, claims, or interests in INOVUJ’s intellectual property or any other rights, claims, or interests in INOVUJ’s intellectual property. This application may contain or include third-party software components, generally available under licenses that grant recipients extensive rights to copy, modify, and distribute such components (“open source components”). While you obtain this application under this EULA agreement, nothing in it shall prevent, limit, or otherwise interfere with or restrict your obtaining such open-source components under the relevant licenses with third parties or restrict your use of such open-source components under such licenses.

These terms govern the relationship between INOVUJ s.r.o. and users of the FaceRehab mobile and web application. These terms include binding rules and conditions for providing services to users by INOVUJ s.r.o., as well as the rights and obligations of users of INOVUJ s.r.o.’s services. Please read these Terms and our privacy policies, available here (“Privacy Information”), very carefully. By using our platforms, you agree to be bound by these terms and our privacy policies. If you do not agree to these terms and our privacy policies, do not use the platforms. We recommend that you save or print a copy of these Terms for future use.

Any terms you have with your respective mobile network provider (“mobile network provider”) continue to apply, and the mobile service provider may charge you for access to network connection services throughout your access to our platforms, and third-party fees may occasionally apply. You are solely responsible for all charges and additional fees or expenses that your mobile provider, internet service provider, network operator, and/or any other third-party provider may charge you in connection with your internet service, mobile service, and any use of our platform. If you are not the account holder for the device used to access our platforms, it will be presumed that you have received permission from the relevant account holder to use our platforms.

If you use our platforms on any device that you do not own, you must have permission from the owner to do so. Regardless of whether you own the device or not, you are responsible for complying with these terms.

The use of INOVUJ s.r.o.’s services is only possible with the consent to these terms.

CONTRACT

By enabling the user to order or subscribe to INOVUJ s.r.o.’s services, INOVUJ s.r.o. makes an offer to the user with all the conditions set out in this offer, which the user accepts by ordering, purchasing, or subscribing to the respective service of INOVUJ s.r.o. for themselves as a user, thereby concluding a service agreement between the user and INOVUJ s.r.o. These terms are an integral part of the service agreement. In the event of contemplated changes to these terms, INOVUJ s.r.o. is obligated to notify the user in writing, through their user account, at least 30 days prior to the effective date of the changes. In the event that the user disagrees with the changes to the terms, they are required to notify INOVUJ s.r.o. in writing and request the termination of services due to changes in terms. If the user continues to use the services after the effective date of the changes to these terms, the user implicitly agrees to the changes in terms, and such changes to the terms become binding for them. INOVUJ s.r.o. is entitled to change these terms if necessary, especially with regard to changes in the legal framework, legal analysis results, service development, technical reasons, operational requirements, or changes in favor of the user.

OUR PLATFORMS

Among our platforms are our web application https://app.facerehab.eu, and the mobile application “FaceRehab, FaceRehab: Therapies World”

REGISTRATION

To fully utilize our platforms, registration of an account may be required from you.

You acknowledge and agree that the information you provided is true, accurate, and correct. You agree to promptly inform us in writing of any changes to any of your information.

Your login details are for your personal use only, and you must keep your login details confidential and secure. Sharing your login details with another person is strictly prohibited.

If you suspect any unauthorized use of your login details or a breach of our security, or if you become aware of any such breach, you must immediately notify us by email at info@facerehab.eu and provide details of the unauthorized use or breach.

In order to ensure the proper and reliable provision of services, INOVUJ s.r.o. applies the following sanctions in case of user breaches: warning, removal of user content, temporary deactivation of the user account, and cancellation (irrevocable deactivation). The type of sanction depends on the purpose, impact, and nature of the breach of obligations from the perspective of INOVUJ s.r.o. and the user. INOVUJ s.r.o. is entitled, when canceling a user account, to prevent the user from creating a new user account.

AVAILABILITY

A person using our platforms acknowledges that the services may be intermittently unavailable, may be offered to a limited extent, or may vary depending on the area of service provision or the user’s device used. INOVUJ s.r.o. undertakes to do everything necessary to keep the services operational. However, unplanned service disruptions cannot be foreseen, especially considering that most services of INOVUJ s.r.o. are provided online. The user acknowledges that in the event of a service outage, access to the services may be temporarily restricted. The user will always be informed in advance of any planned service interruptions. INOVUJ s.r.o. is not liable for any damage caused by the interruption of service that it could not have anticipated or about which it had informed the user in advance.

USER RIGHTS AND OBLIGATIONS

INOVUJ s.r.o. is not responsible for the loss of uploaded data and any potential misuse thereof. The user is obligated to protect their user account against unauthorized and fraudulent use through appropriate means and is required to promptly inform INOVUJ s.r.o. of any unauthorized or fraudulent use of their user account or if there is suspicion that their user account has been exposed to such a risk, either through their user account or by email at info@facerehab.eu.

INOVUJ s.r.o. is entitled to cancel the user account of any user in the event of any unauthorized and fraudulent use of the account, and in such a case, the user is not entitled to a refund of the service fee.

The user acknowledges that to use most services, it is necessary to have a reliable internet connection and various devices (computer, mobile phone, etc.), and the user acknowledges that these accessories are not part of the service and that the user is responsible for securing them at their own expense.

The user acknowledges that INOVUJ s.r.o. services are provided as is, with all faults. INOVUJ s.r.o. does not guarantee the accuracy or timeliness of the services provided. The user acknowledges that computer systems are never flawless regardless of their nature, and therefore, INOVUJ s.r.o. cannot guarantee completely uninterrupted, timely, secure, and faultless service operation, nor can it guarantee the non-loss of user content.

INOVUJ s.r.o. provides its services for a fee unless the contract specifies otherwise. The user is obligated to pay for the service provided by INOVUJ s.r.o. in accordance with these terms, depending on the selected service and its supplements if not agreed otherwise in writing with INOVUJ s.r.o. The service price is stated in the offer of INOVUJ s.r.o. at the conclusion of the contract. By accepting the offer, the user accepts the offered service price and is obligated to pay INOVUJ s.r.o. the agreed price for the services provided. The service price is directly in the application of the selected service as its element. The user accepts the service price by concluding the contract as specified in Article 2 of these terms. INOVUJ s.r.o. is obligated to inform the user in advance of any change in the agreed service price, and in the event of a change in the amount, the user is entitled to cancel the provision of the agreed service before the price change.

Services provided to a user connected to a third party are provided at the expense of the third party unless otherwise specified. If the user fails to properly and timely pay the agreed service price, INOVUJ s.r.o. is entitled to suspend or cancel the user’s access to the services or restrict or cancel the user’s access to their user account.

When creating a user account, the user is obliged to provide their complete and truthful billing and payment details if requested by INOVUJ s.r.o. The user is entitled to change the provided details in their user account. Billing details on an already issued invoice cannot be changed. At the same time, the user agrees that INOVUJ s.r.o. is also entitled to use all the data provided by the user’s bank. If the user fails to provide all the necessary billing information, even at the request of INOVUJ s.r.o., such action by the user is deemed a request to cancel the user account.

By providing billing details, the user declares that they are authorized to use the provided payment method and that all billing details provided by them are true and accurate; otherwise, they are responsible for providing incorrect and false information or information they were not authorized to provide.

By providing billing details and ordering a service, INOVUJ s.r.o. is entitled to charge the user for the agreed service price, including its components, up to the agreed amount according to the provided billing details, with the user being responsible for the accuracy and completeness of the provided billing details. Paid services are paid by prepayment (e.g., monthly, every three months, or annually, depending on the type of the selected service) or a one-time fee, as indicated in the application.

A contract concluded for the provision of pre-paid services is automatically renewed for another period according to the length of the prepayment if the user does not notify at least one day before the prepayment due date that they wish to terminate the provision of the service for which the prepayment is made. Prepayment will be automatically debited from the credit card entered in the user account or from the credit card the user entered in Google Play or AppStore, up to the agreed amount according to the provided billing details, with the user being responsible for the accuracy and completeness of the provided billing details. Paid services are provided in the application of the selected service as its element. The user accepts the service price by concluding the contract as specified in Article 2 of these terms. INOVUJ s.r.o. is committed to informing the user in advance of any change in the agreed service price, and in the event of a change in the amount, the user is entitled to cancel the provision of the agreed service before the price change.

Payments are made according to the rules of individual platforms – AppStore and Google Play, respectively, or the rules of the payment gateway. If a fixed period (defined by a subscription) and price are set for providing the service, this price will remain valid for the entire specified period. However, if the user wishes to continue using the services, they are obliged to accept a new subscription price offer for the new period if there is a change in the price of the services in the previous period. By not canceling the provision of the service, the user agrees to the new service price. The price of the service may change mainly for the following reasons – the addition of new features or improved features, increased costs of providing the service, changes in the market, and similar reasons.

CANCELLATION OF USER ACCOUNT

The user is entitled to request the cancellation of their user account at any time. A request for the cancellation of a user account can be made by email to: info@facerehab.eu. The user’s account will be suspended for a period of 30 days after processing the request, during which it can be reinstated upon the user’s request. After the specified period, if the user does not request the reinstatement of the user account, the user account will be permanently canceled.

If a user does not log into their INOVUJ s.r.o. user account at least once every 5 years, the user account will be canceled by INOVUJ s.r.o. companies without compensation.

Cancellation of the user account extinguishes the user’s right to access INOVUJ s.r.o. services. INOVUJ s.r.o. will remove all user data and content associated with the canceled user account, unless valid legal regulations require the storage of user content or data, their return, or transfer to users or a third party designated by the user.

Cancellation of the account does not extinguish the user’s obligation to pay for all paid services provided to the user during the term of the user account.

If INOVUJ s.r.o. has reasonable grounds to suspect the misuse of a user’s account by a third party, INOVUJ s.r.o. may suspend the user’s account and request the user to verify the user account, its security, and access permissions. Depending on the nature of the disruption of the user’s account, INOVUJ s.r.o. is entitled to cancel access to the user account and all of its content.

The user account will also be canceled if it is found that it was created by a person who has not reached full legal capacity, is not fully capable of legal acts, but this does not affect the responsibility of the legal or legal representative of this person for any damage caused to INOVUJ s.r.o. by creating a user account and using INOVUJ s.r.o. services.

LIABILITY

INOVUJ s.r.o. is responsible only for damage to the user’s natural rights caused intentionally or through gross negligence by INOVUJ s.r.o. In other cases, INOVUJ s.r.o. is not obligated to compensate any damage to the user, which the user acknowledges and waives any claims for compensation for such damage and undertakes not to enforce it against INOVUJ s.r.o.

INOVUJ s.r.o. is not responsible for indirect damages, including financial loss, such as loss of profit, if INOVUJ s.r.o. did not act with gross negligence or deliberate unfair conduct. INOVUJ s.r.o. is not responsible for the actions of the user or any damage resulting from the use of content made available by the user through the online platform or in any other form. This also applies to damages resulting from errors, problems, interruptions, or loss of user content.

To the maximum extent permitted by law, INOVUJ s.r.o. excludes all implied warranties, including the warranty of merchantability, fitness for a particular purpose, professional effort, and non-infringement of rights.

All legal liability without fault of INOVUJ s.r.o., including liability for breach of warranty as prescribed by law, remains unaffected by the aforementioned limitations of liability.

INOVUJ s.r.o. is not responsible for non-performance or delay in the performance of its obligations under these terms to the extent that such non-performance is caused by circumstances beyond the reasonable control of INOVUJ s.r.o. (such as labor disputes, force majeure, war or terrorist activities, deliberate damage, accidents, or compliance with applicable laws or government regulations).

In case of dispute with another user or third party, the user is obliged to cooperate fully with INOVUJ s.r.o.

INOVUJ s.r.o. is not responsible for any damages that may arise to the user in connection with the use of the FaceRehab application. The company also disclaims responsibility for advertising or other forms of promotion carried out by third parties through the application.

MEDICAL DISCLAIMER

We are not a licensed healthcare provider, and the “FaceRehab” application is not intended as a substitute for professional medical advice, diagnosis, or treatment of any kind. You are solely responsible for your own health. The “FaceRehab” application is provided for informational purposes only and is not intended to diagnose or treat any health or other issues. If you experience any pain during exercise, you should stop exercising and, if necessary, seek medical attention. All information is provided without any guarantee. INOVUJ s.r.o. disclaims any liability for any disadvantages or damages that may result from the exercises or advice provided.

APPLICATION CONTENT

The content of the application may contain trademarks or copyrighted material owned by us or third parties. The content of the application includes images, videos, logos, music, photographs, and texts that are incorporated into our applications and are part of them.

The content of the application may only be used as part of our applications and must not be used independently.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our platforms belong to us and our licensors, and the rights to our platforms are licensed (not sold) to you. You do not have any intellectual property rights in our platforms, except for the right to use them in accordance with these terms.

The INOVUJ s.r.o. application is a copyrighted work and is protected by the relevant provisions of the law. Publishing or any distribution of content from the FaceRehab application without prior consent is prohibited.

It is expressly agreed that the user is not entitled to:

bypass technological protection measures contained in the software or services or related to them;

decompile, decrypt, hack, emulate, use, or reverse engineer any software or aspect included in the services or accessible through the services, except to the extent that this activity is expressly permitted by copyright law;

publish, copy, rent, sell, export, import, distribute, or lend the INOVUJ s.r.o. application or services.

use services in any unauthorized manner that could disrupt their use by other users or allow access to any service, account data, or network;

allow access to services or modify any device approved by INOVUJ s.r.o. using unauthorized third-party applications. If INOVUJ s.r.o. voluntarily receives any user’s idea, proposal, or feedback, including feedback on the product and product improvement (“feedback”), the user hereby grants INOVUJ s.r.o. the right, without any claim to remuneration, based on feedback to create or have derivative works created from feedback and to use, share, and commercially exploit feedback in any way and for any purpose.

THIRD-PARTY WEBSITES

You acknowledge that our Platforms may contain links to third-party websites (whether through advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your information only. We do not control such websites and are not responsible for their content or their use. As a result, we do not assume responsibility for the availability, suitability, reliability, or content of these third-party websites.

Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material or opinions expressed in them.

SUPPORT

If you believe that our Platforms are faulty or inaccurately described, please contact us at the email address info@facerehab.eu.

If we need to contact you, we will do so via email using the contact information you have provided.

CHANGES TO OUR PLATFORMS

From time to time, we may automatically update our Platforms to improve performance, enhance functionality, address changes in operating systems, or resolve security issues.

If you choose not to install these updates or opt-out of automatic updates, you may not be able to continue using our Applications.

Changes to our applications will not prevent our applications from working with versions of the operating system that are displayed in the app store from which you downloaded the application.

TRANSFER OF RIGHTS

We may transfer our rights and obligations under these terms to another organization. If this happens, we will always inform you in writing and ensure that the transfer does not affect your rights under these terms.

You may not transfer your rights or obligations under these terms to another person without our written agreement.

USE LIMITATIONS

The use of the Platforms is restricted to users aged 13 and over, except in the European Economic Area (“EEA”), where services are limited to users aged 16 and over. To make purchases through the Platforms (described in the section titled “Subscriptions” below), you must be at least 18 years old and capable of entering into a binding contract.

FEES

After installing our applications, you can choose a subscription to use our application. A subscription is available on a weekly, monthly, yearly basis, and more details about each type of subscription and its price are detailed in the application.

The application’s content can be accessed through in-app purchasing.

All transactions between you and us are handled through the app store from which you downloaded the application.

SUBSCRIPTIONS

Free or paid trial version. We may offer free or paid (small fee) subscription services. If you do not cancel the subscription at least 24 hours before the end of the trial period, you will be automatically charged the price stated on the payment screen or in the Apple/Google payment dialog for the selected period. Note that if a trial version is available, this will be explicitly stated on the price screen before payment. If not, you will purchase our subscription without trying it.

The subscription will automatically renew for the same period at the end of each subscription period (every week, month, 6 months, a year, or otherwise, depending on the option you chose at the time of purchase) at the price of the selected package. The renewal fee will be charged to you within 24 hours before the end of the current subscription. If you cancel automatic renewal within the last 24 hours of the subscription, the cancellation will take effect after the new subscription expires.

Method of payment. Payment is charged using the payment method you entered at the time of purchase confirmation or after the trial period ends. Payments are made according to the rules of individual platforms – App Store and Google Play. You authorize us to charge the applicable fees for the subscription in the manner you use for payment.

Cancellation. Your subscription will automatically renew until you cancel it. You must cancel the subscription before renewal to avoid being charged for the next subscription period.

If you purchased the subscription or enabled the trial version in the App Store, change the subscription settings in your account. For more information on managing subscriptions (and how to cancel them), please refer to Apple’s support page.

If you purchased the subscription or enabled the trial version on Google Play, change the subscription settings in your account. Read more about managing subscriptions (and how to cancel them) on the Google support page.

If you uninstall the application, your subscription will not stop automatically. You must cancel the automatic subscription renewal to avoid being charged for a new subscription.

Refunds. If you purchased the subscription or enabled the trial version in the App Store and are eligible for a refund, you will need to request it directly from Apple. To request a refund, follow these instructions on the Apple support page. If you purchased the subscription or enabled the trial version on Google Play and are eligible for a refund, you will need to request it directly from Google. To request a refund, follow these instructions on the Google support page.

Changes. If a fixed period (defined by a subscription) and price are set for providing the service, this price will remain valid for the entire specified period. However, if the user wishes to continue using the services, they are obliged to accept a new subscription price offer for the new period if there is a change in the price of the services in the previous period. By not canceling the provision of the service, the user agrees to the new service price. The price of the service may change mainly for the following reasons – the addition of new features or improved features, increased costs of providing the service, changes in the market, and similar reasons. We will inform you about any such price changes by posting new prices in the app or via email. If you do not wish to pay the new fees, you can cancel the relevant subscription before the change takes effect. If you have any questions about subscription terms, please contact us at info@facerehab.eu.

ONLINE CONSULTATION

If you need a medical emergency, call 911 immediately.

In connection with your use of the www.facerehab.com platform, we ask that you read these Terms and Conditions (“Terms”).

The www.facerehab.com platform is owned and operated by INOVUJ, s.r.o., registered office Berlínska 11, 040 13 Košice – Sídlisko Ťahanovce, ID No.: 52 321 444, which makes this platform available solely for the purpose of facilitating communication between experts and consumers who choose to use the online service.

The platform www.facerehab.com serves as a consultation service and the experts only provide recommendations, which the client is not obliged to follow (hereinafter referred to as the “Platform”). The advice is based on the information obtained by describing the client’s medical condition. The Platform is in no way a healthcare provider. Ensuring the privacy of our clients’ personal information is our priority. All processes are in compliance with the GDPR regulation. Information through consultations is not intended for critical situations or cases where a medical emergency needs to be sought. In case of need for medical assistance, treatment or diagnosis, the client is obliged to contact his/her doctor or healthcare provider.

1. Identification and contact details of the operator

The www.facerehab.com platform is owned and operated by INOVUJ, s.r.o., registered office Berlínska 11, 040 13 Košice – Sídlisko Ťahanovce, ID No.: 52 321 444, which makes this platform available solely for the purpose of facilitating communication between experts and consumers who choose to use the online service.

2. Introductory provisions

  1. These Terms are a binding legal agreement between you and INOVUJ, s.r.o. (“INOVUJ, s.r.o.”, “we”, “us” or “our”).
  2. „Consultation“refers to an online appointment – a service that takes place between a customer and an expert via a platform. The platform is an online place that connects clients with experts. Experts are not employees of the Operator.  The Operator does not engage in Client-Expert consultations and is not responsible for the content of Client-Expert consultations. 

3 .Who is the Platform for?

The platform is designed for the general public to gain awareness on the topic of facial health as well as healthy lifestyle. The platform is intended for anyone who wants to arrange a consultation with an expert in the field of facial health as well as healthy lifestyle.

4. Do we provide health services?

  1. We do not provide health services. No health services are provided or brokered through the Platform. Neither the mediation nor the provision of health services is the intention or purpose of either the Operator or the Experts.
  2. By booking a consultation, you enter into contact with an Expert voluntarily and at your own request. You acknowledge that this contact and communication within the online consultation is not part of health care and the expert assumes no responsibility for your medical condition.

5. How do I register on the Platform and create an Account?

  1. The registration of the Account takes place through the Platform, where you fill in the required data, agree to your acknowledgement of the terms and conditions and privacy policy.

6. What is the content of our services?

  1. Upon registration of an account, we will allow you to use the platform to arrange a consultation with an expert of your choice.

7. How do I book a consultation and how does the consultation work?

  1. You must be at least eighteen (18) years of age to access and use the Consultation Service.

8. How to pay for the Session?

  1. You can pay the price for the consultation online using a credit card.

9. What is the content of the consultation?

  1. By booking a consultation, i.e. by sending the order and making payment for the consultation, you enter into a contractual relationship with the expert, with the content of mutual rights and obligations being determined by the consultation order and these terms and conditions.

10. What are the minimum technical requirements for the User to be able to use the Platform and for the Session to run properly?

  1. The minimum technical requirements are as follows: a tablet, desktop, or mobile device that is capable of connecting to the internet and running one of the browsers listed above.

11. How can I cancel or reschedule an online consultation?

  1. After booking and confirming the online consultation, the client can decide to cancel the appointment either immediately or at a later date.

12. How to behave on the Platform?

As a client, you undertake to:

13. How to behave on the Platform?

You agree to comply with the following obligations when using the Platform, Account and ordering consultations:

14.  What are your rights from defective performance and how to exercise them?

  1. If the expert fails to provide you with a consultation in a proper and timely manner, you are entitled to book an alternative consultation appointment with an expert of your choice.

15.  What are your rights from defective performance and how to exercise them?

  1. If the expert fails to provide you with a consultation in a proper and timely manner, you are entitled to book an alternative consultation appointment with an expert of your choice.

16. What about intellectual property?

  1. All content available on or through the Platform is the property of the Operator and is protected by copyright, trademark and trade secret and other intellectual property laws. We give you permission to view, download, store and print the Content for your personal, non-commercial use only. You agree that you will not upload, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or distribute the Content received through the Consultation to anyone.

The license is unlimited in territory and is granted free of charge. Under the License, you are not entitled to grant the portion of the authorization constituting the License (sublicense) to a third party or assign the License to a third party without our consent.

17. What happens to your personal data?

  1. The controller processes customers’ personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). For more information on how your personal data is processed, please refer to the GDPR Policy.

18. Final provisions

  1. You work with the right to terminate the operation of the Platform and/or the provision of services through the concurrent platform, even without giving a reason. If this happens, then I will ensure that the Clients’ payments for consultations, which for this reason will no longer take place, will be returned to the Clients in the same way as they were paid.

These Terms and Conditions become valid and effective on 14.09.2023

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