TERM OF USE

TERM OF USE

 

 

  1. The following terms and conditions govern your use of the Site, including the Services offered through the Site (all as defined below). If you do not agree to any of these terms and conditions, please do not make any use of the Site.

  2. These Terms constitute a binding agreement made by and between you, a User of the Services (as defined below) and Innitie Technologies Ltd. (“Company”), with respect to your use of the Site and Services.

  3. Definitions. As used in this Agreement, the following terms shall have the following meanings:

    1. Site” Company’s proprietary website including the online marketplace for assistive devices and assistive technologies.

    2. Services” means the services of searching and matching assistive devices and all tools available in relation thereto, including the related interfaces in the Site, all as powered by the technological Platform and made available through the Site. The Services are provided as-is, as made available by Company from time to time, and scope of Services may change at Company’s sole discretion from time to time, with or without any prior notice and without liability to Company.

    3. Platform” means Company’s proprietary technological platform for assistive devices classification, selection and management for either professionals in the field of assistive technology or end users of such assistive technology

    4. User” may be either healthcare professionals using the services for the benefit of their patients/clients (“Professional”), or end users using the Services for their own benefit.

    5. Intellectual Property” means, all rights arising from patents, copyrights, trade secrets, trademarks, service marks, trade names, mask works, applications and other proprietary rights in any jurisdiction, and to all inventions, discoveries, works of authorship, know-how, technical information, work product, designs, ideas, concepts, innovations, drawings, schematics, original works of authorship, formulae, concepts, techniques, methods, systems, processes, compositions of matter, computer software programs, databases and mask works, whether or not patentable, copyrightable or protectable as trade secrets, irrespective of whether registered as a patent, copyright, trademark or in another form, and irrespective of whether constituting a commercial, professional or trade secret and/or other information related to the System, and any improvements, enhancements or modifications related thereto.

  4. Use permissions and Limitations. Subject to all of the terms and conditions of this Agreement, upon completion of the registration process and, if applicable, subject to the applicable payment, You are granted a non-transferable, non-sub licensable, non-exclusive, limited, and revocable license to use the Services either as a Professional for the benefit of your patients, or as an End User for Your own private use, in accordance to the terms and conditions set forth in this Agreement.

  5. Restriction on Use. You agree not to, or attempt to, directly or indirectly (by yourself or trough third parties): (i) decipher, reverse engineer, de-compile, disassemble or otherwise disintegrate or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Site or Platform, by any means whatsoever; (ii) copy, adapt, translate, modify, change, create any derivative work of the Site or Platform or any portion thereof; (iii) test the Site or Platform or use the Services in connection with any benchmark tests, evaluation or any other tests of which the results are designated or likely to be published in any form or media or otherwise made available to the public, without Company’s prior written approval; (iv) disclose Your user name and password to others, (other than Permitted Users (as defined hereunder); (v) allow anyone other than Your Permitted Users, directly or indirectly, use the Services with Your user name and password; (vi) make copies of the Site or any portions thereof; (vii) use the Services in a manner that is not in compliance with Company’s specific instructions or the terms and conditions of this Agreement. Notwithstanding other rights of the Company hereunder, You are aware and you agree that Company is entitled, at its sole discretion, and without prior notice, to restrict and/or disable Your use of the Services, in the event that Your use of the Services does not comply with the provisions of these Terms, without any remedy to You and without any liability to Company.

  6. Ownership. The Site, Platform and any technology underlaying the Platform is and shall remain at all times the sole and exclusive property of the Company, including any and all Intellectual Property Rights related thereto and embodied therein. Other than as explicitly stated herein, no rights whatsoever to the Site or Platform are granted to any User.

  7. Disclaimer of Warranty. The Services are provided AS-IS and are based on User’s self-reported data. It is not the intention of Company to provide the Users with qualified specific medical or other therapeutic advice, but rather to provide users with a tool to better reach and discover assistive technology that may be relevant and appropriate to them, however this does not replace professional advice and follow up. Company urges Users to consult with qualified professionals in the applicable fields appropriate for each user such as physicians, physical therapists, rehabilitation psychologists, etc. for diagnosis, treatment recommendations, final discretion regarding any treatments and regimes applicable to each individual User based on your comprehensive information and situation. Neither Company, nor anyone acting for Company or on its behalf, guarantees or warrants that the Service will be error free, free of malfunctions, loss of information and/or data, or satisfactory to You; nor that they will operate properly on your device or its configuration.

  8. In order to retain and use the Services You need to subscribe to the Services, and create an account (“Account“) which may be either a Personal Account (operated by the person for which the assistive technology is sought) or a Professional Account (operated by a Professional for the benefit of its patients) . By creating a Personal account, you represent that you are either the person for which the Services are provided, or a Permitted User (as defined below). By creating a Professional Account, you represent that you have permissions from your patients to use the Services on their behalf and for their benefit, and that you pass on any of the warranty disclaimers and limitations on liability contained herein to your patients.

  9. In the process of setting up your Account, and through the use of the Services, You will be required to provide certain details about yourself including personal information, such as – name, age, gender, billing address, shipping address, contact information, and more, as well as some information regarding your health condition (such as – height, weight, existing diagnoses, tests and tests results, medications that you take or that were prescribed to you, disabilities and such other information or information that you disclose through using the Services etc.) (all the foregoing “Personal Information“). The purpose of obtaining of such Personal Information is providing the Services to Users. Company is committed to respecting and protecting privacy and the confidentiality of Personal Information. For information about Company’s privacy and data protection policies, please refer to and read Company’s Privacy Policy at https://www.atvisor.ai/privacy-policy/ (the “Privacy Policy”). By accepting the terms and conditions of these Terms, you agree to Company’s Privacy Policy.

  10. It is your responsibility to provide accurate and correct information throughout the use of the Service and to inform Company immediately of any changes to any such information. Company disclaims any results due to use by the Services of inaccurate or not updated information provided by You. In addition, You are responsible for maintaining copies and/or backups of any and all information that you may provide and/or receive through the Services, and Company does not warrant that this information will be available to you at any given time and You should take into consideration that loss of data may occur.

  11. YOU HEREBY AGREE AND AKCNOWLEDGE, THAT THE SERVICE AND ANY OUTPUT THEREOF ARE BASED ON THE INFORMATION THAT YOU PROVIDE AND ANY OUTCOME IS SO RELATED TO AND BASED ON THE INFORMATION THAT YOU PROVIDE, ITS ACCURACY, COMPREHENSIVENESS, BEING UP TO DATE ETC., AND YOU BEAR ALL RESPONSIBILITY FOR ANY OUTCOME IN CASE THIS IS NOT IN FACT THE CASE.

  12. You hereby warrant and undertake that any access information to Your Account will be kept safe, secure and confidential at all times and You shall not disclose or share such access information with any third Party, except with respect to a Personal Account – to a person that is Your legal guardian, or that You authorized to help You use the Services including a Professional (“Permitted User“). You hereby release Company from any and all liability for any losses and/or damages caused due to disclosure by You of any access information to Your Account, and/or for the disclosure, through use of the Services, of your Personal Information to a third party (including a Permitted User), through disclosure by you or by your Permitted User, of your access information to the Services; You assume and undertake full liability for any such losses and/or damages.

  13. You affirm that you are either older than 18 years of age, or possess legal parental or guardian consent, and/or that you have express consent by any of the foregoing to serve as a Permitted User hereunder, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If You are either under 18 years of age, or have no official guardianship over the subject of the Services or You haven’t obtained his/her informed consent for you to serve as a Permitted User hereunder, then please do not use the Services hereunder. Any undertakings, acknowledgments, representations and warranties made by a User hereunder shall also bind any Permitted User.

  14. Third Party Information. The Services may contain data and information provided to Company by third parties applications and systems or publicly available information (for example, data on assistive technology retrieved from their manufacturer’s public data sheets) (“Third Party Information”). Company uses such Third-Party Information as is and does not verify the accuracy and completeness of such Third Party Information while providing its Services through the Site and Platform. Company has no control over and assumes no responsibility as to the content of the Third Party Information and/or to the results of the Services that are based on such Third Party Information, including its correctness, completeness, accuracy, relevance, and the such. By using the Site and Platform, You expressly relieve Company from any and all liability arising from the use of such Third Parties Information and/or reliance thereon in connection with the Services.

  15. Disclaimer; No Medical Advice or Services.

    1. NO WARRANTY. THE SERVICE IS PROVIDED AS IS WITHOUT ANY WARRANTIES AND COMPANY AND COMPANY INDEMNITEES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT ANY OF THE FOLLOWING (I) THE RESULTS OF THE USE OF THE SERVICES AND/OR THE PLATFORM AND/OR THE SITE (II) THE CORRECTNESS, ACCURACY, RELIABILITY OF ANY OUTPUTS AND OUTCOMES OF THE USE OF THE SERVICES (III) THAT YOUR USE OF THE SERIVCES SITE OR PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT SHALL FIT YOUR INTENDED PURPOSE OR THAT IT SHALL PROVIDE YOU ANY BENEFIT; (IV) THAT THE SERVICE WILL BE FREE OF ERRORS, MISTAKES, MALFUNCTIONS AND THE LIKE, OR INACCURACIES OF THIRD PARTY INFORMATION, PRODUCTS OR SERVICES

    2. DISCLAIMERS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, COMPANY AND COMPANY INDEMNITEES HEREBY FULLY DISCLAIM ANY AND ALL LIABILITY AND/OR RESPONSIBILITY IN CONNECTION WITH ANY AND ALL OF THE FOLLOWING, AS MAY BE A RESULT OF OR IN CONNECTION WITH, YOUR USE OF THE SITE, PLATFORM AND/OR SERVICES: (I) PERSONAL INJURY OR ANY HEALTH CONDITION, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF ANY TECHNOLOGY FOLLOWING YOUR USE OF THE SERVICES (II) ANY CONFIGURATIONS OR ACTIONS THAT DEPEND ON YOU OR ON THE ABILITIES AND TECHNICAL FEATURES AND/OR CONFIGURATION OF YOUR DEVICE THROUGH WHICH YOU USE THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY OR YOU.

    3. COMPANY AND COMPANY INDEMNITEES DENY ANY WARRANTY OR ANY GUARANTEE WITH RESPECT TO THE RELIANCE UPON THE SERVICES AND ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES. THE USE OF THE SERVICES IS FOR NDICATIVE PURPOSES AND IT IS NOT INTENDED TO PROVIDE ANY MEDICAL DIAGNOSIS, RECOMMENDATION, OPINION OR ADVICE OR TO SERVE AS AN AID FOR MEDICAL OR PARA-MEDICAL DECISION MAKING OR TO RECOMMEND ON ANY TREATMENT, CESSATION OF TREATMENT, OR OTHER MEDICAL OR PARA-MEDICAL PROCEDURE, ACT OR OMISSION. ANY INFORMATION PROVIDED TO YOU THROUGH THE SERVICES, EVEN IF IN THE FORM OF ADVICE OR RECOMMENDATION, SHOULD NOT BE REGARDED AS MEDICAL OR PARMEDICAL OR OTHERWISE QUALIFIED ADVICE, AND YOU SHOULD IN ANY CASE CONSULT WITH A QUALIFIED PROFESSIONAL, AS THE CASE MAY BE. IN NO EVENT, SHALL THE INFORMATION GENERATED BY THE SYSTEM SUBSTITUTE MEDICAL ADVISE AND TREATMENT MADE BY CERTIFIED AND QUALIFIED PROFESSIONALS, ACCORDING TO APPLICABLE LAW.

    4. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND/OR REFERRED TO THROUGH THE SERVICE. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR OR IN ANY WAY LIABLE IN CONNECTION WITH ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PRODUCTS OR SERVICES PROVIDERS. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    5. WITHOUT DFROGATION OF ANY OTHER PROVISIONS HEREIN, IF YOU ARE A PROFESSIONAL YOU UNDERTAKE TO PASS THROUGH ALL THE DISCLAIMERS INCLUDED HEREIN THIS SECTION TO YOUR PATIENTS FOR WHICH YOU USE THE SERIVCES.

  16. LIMITATION OF LIABILITY:

    1. YOU HEREBY AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL COMPANY OR COMPANY INDEMNITEES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FAILURE OF ANY ESSENTIAL PURPOSE. THIS LIMITATION IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND COMPANY. IF YOU ARE A PROFESSIONAL, YOU UNDERTAKE TO PASS ON THIS LIMITATION ON LIABILITY TO YOUR PATIENTS FOR WHICH YOU USE THE SERIVCES.

    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND/OR COMPANY INDEMNITEES BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER IN EXCESS OF USD 100, YOU ACKNOWLEDGE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK, AND THAT COMPANY WOULD NOT PROVIDE YOU WITH LICENSE TO USE THE SERVICES AND/OR THE SYSTEM EXCEPT UNDER THE TERMS OF THIS AGREEMENT.

  17. Third Party Services; Third Party Websites.

    1. Third Party Services. Company through the Service may make available to User software, applications and/or services provided and licensed by third parties (“Third Party Services”). The use of Third Party Services in or with the Service is subject to the applicable licenses, terms of use and conditions of such Third Party Services. In the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such Third Party Services, mutatis mutandis. Company disclaims any warranty or representation with regards to any use of any of the Third Party Services, which use is on an as-is basis.

    2. In as much as the Services contain links to websites which are not operated by the Company (“Third Party Websites“), THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY WITH REGARDS TO ANY SUCH THIRD PARTY WEBSITES, SERVICES, THEIR CONTENTS, THE INFORMATION PRESENTED THEREIN, ETC., AND ANY USE OF ANY USER THEREOF, AND IN NO EVENT WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR IN CONNECTION WITH ANY USE OF ANY SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY WEBSITES OR ANY RELIANCE ON ANY INFORMATION PRESENTED THEREIN, AND ANY SUCH USE SHALL BE ON USER’S OWN DISCRETION, RISK AND RESPONSIBILITY.

  18. Term of Agreement.

    1. Term and Termination. This Agreement is effective as of the date upon which You have first accessed the Service (the “Effective Date”) and until terminated by You or by Company, in accordance with the provisions detailed herein (the “Term”). Upon the end of the Term, Your license to the Services provided herein shall be automatically terminated and You shall not have access to your Account. Upon any violation by You of any of the provisions of this Agreement, Company may terminate the Services to you and this Agreement immediately, with or without notice to You.

    2. You may notify Company of termination of this Agreement at any time. However, upon termination you will no longer have access to your Account and to the Services. The Company does not undertake to make any archive copies of your Personal Information or any other information contained in the Services related to You.

    3. Notwithstanding anything to the contrary herein, Company may at any time terminate your use of the Services (for any or no reason), or generally discontinue the Services under its sole discretion.

    4. Effects of Termination. Upon expiration or termination of this Agreement for any reason, Your Account shall be disabled, and you will not be able to use the Services. The provisions that by their nature are so intended, will survive any termination of this Agreement.

  19. Indemnity. You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or any unauthorized use by any User of the Services.

  20. General.

    1. Amendments. Company may make changes to the Terms from time to time. When these changes are made, Company will make a new copy of the Terms available at the Site. You understand and agree that if You use the Services after the date on which the Terms have changed, Your use of the Service shall be construed as acceptance of the updated Terms. If there is any contradiction between the Terms of this Agreement and the updated Terms published then the updated Terms shall take precedence in relation to the System. This English version of the Terms shall supersede in any case of conflict between these terms and any translation thereof. These Terms or the updated version thereof shall constitute the entire agreement between You and Company with respect to the System.

    2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect;

    3. Law and Jurisdiction. These Terms and any use of the Services or any conflict arising in connection therewith, shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Tel Aviv – Jaffa, Israel. Notwithstanding the foregoing, Company makes no representation that the Services shall be available for use in any jurisdiction, and it depends on local laws as applicable.

    4. Waivers. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.

    5. You may contact company with any inquiry regarding the Services or these Terms at contact@atvisor.ai

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