End User License Agreement The application ("Licensed Application") through which the Services (as defined below) are delivered is licensed, not sold, to you ("You" or "Your") solely for use under the terms of this End User License Agreement (this "License"). Additional products or applications may also be provided to You which are accompanied and governed by separate license agreements. The licensor (“Application Provider”) reserves all rights not expressly granted to You. a. Scope of License. The license granted to You for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any device that You own or control. This License does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. This license does not include any resale or commercial use of the Licensed Application or the Service. Further, You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create any derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the limited extent as may be permitted by the licensing terms governing any open source components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, then You may be subject to prosecution and/or damages. This License will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. b. Consent to Use of Data. You agree that Application Provider may collect and use technical data and related information including, but not limited to, technical information about Your device, system, application software, and peripherals, to facilitate the provision of the Services, updates, support and other services to You (if any). Subject to any limitations imposed by applicable law, Application Provider may also use or share this information with third parties as long as it is in a form that does not personally identify You, to improve and/or provide its products, services and technologies. c. Termination. This License is effective until terminated by You or Application Provider. Your rights under this License will terminate automatically without notice from Application Provider if You fail to comply with any term of this License. Upon termination of this License, You shall cease all use of the Licensed Application, and delete or destroy all copies, full or partial, of the Licensed Application. d. Services; Third Party Materials. The Licensed Application enables access to the Services as well as third-party services and websites. Use of such Services and third-party services and websites may require Internet access and further require that You accept and comply with additional terms of service. (i) You understand that by using the Licensed Application and the Services, You may encounter content, data, information, applications, links to third-party websites or other materials ("Third-Party Materials") that may be deemed offensive, indecent, explicit or otherwise objectionable, and that the results of any search or entering a particular URL may automatically and unintentionally generate links or references to such material. Accordingly, You agree to use the Licensed Application and the Services at Your sole risk and that Application Provider shall not have any liability to You for any Third-Party Materials that may be found to be offensive, indecent, explicit or otherwise objectionable. (ii) By using the Application and the Services, You agree that Application Provider is not responsible for the content, accuracy, security, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third Party Materials or websites. Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials or websites, or for any other materials, products, or services of any third parties. (iii) You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services except for personal use as described below. No portion of the Services may be reproduced in any form or by any means except for personal use as described below. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized or illegal way except for personal use as described below. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any third party, and that Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Application or the Services. You may use and share images directly taken from this application for personal use but may not do so for any commercial purposes without the written permission of VirtualMedicine ,s.r.o Furthermore you may not use and share images from this application without correctly publishing the appropriate credit line as per industry standards and as is built into the image share feature within the application. (iv) You agree that the Services, third-party services and Third Party Materials may not be available in all languages or in all countries. Application Provider makes no representation that the Services, third-party services or Third-Party Materials are appropriate or available for use in any particular location. To the extent You choose to access any Services, third-party services or Third Party Materials, You do so at Your own risk and are responsible for compliance with all applicable laws including, but not limited to, all applicable local laws. Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Application Provider be liable for the removal or disabling of access to any such Service. Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. e. No Representations or Warranties. (i) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED EXCLUSIVELY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. APPLICATION PROVIDER HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CONTINUOUS OPERATION, AND NONINFRINGEMENT. APPLICATION PROVIDER HEREBY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE LICENSED APPLICATION AND SERVICES BY YOU. APPLICATION PROVIDER ACCEPTS NO RESPONSIBILITY FOR KEEPING THE LICENSED APPLICATION OR SERVICES UP TO DATE OR COMPLETE OR LIABILITY FOR ANY FAILURE TO DO SO. APPLICATION PROVIDER DOES NOT WARRANT THAT ANY DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. (ii) You agree that the fees charged by Application Provider and paid by You are based on and reflective of the allocation of risk contemplated by this section and that the limitations in this section are an essential element of the agreement between You and Application Provider. (iii) Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You. f. Use of Licensed Application and Services. Use of Licensed Application and Services. You agree that the Licensed Application and Services are designed to be used solely by consumers under medical, physiotherapy or other appropriate medical professional supervision as part of a treatment plan prescribed by a qualified and licensed medical, physiotherapist or other appropriate medical practitioner. You warrant that You will not use, nor shall You permit, the Licensed Application or Services to be used except under such supervision and only as prescribed. The Licensed Application and Services do not constitute the practice of medicine and are neither professional medical nor physiotherapy advice. Moreover, Licensed Application and Services are not designed to be used as a substitute for professional medical or physiotherapy advice or judgment. Due to the large variety of potential applications for the Licensed Application and Services, neither the Services nor the Licensed Application have been tested for all conditions. g. Limitation of Liability. IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW OR RESTRICT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury or death) exceed the amount of two hundred dollars (US$200.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. h. The Licensed Application together with all intellectual property rights associated therewith or incorporated therein shall at all times remain the exclusive property of Application Provider and its licensors. The Licensed Application is protected by copyright under both United States and foreign laws. i. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. j. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublishedrights reserved under the copyright laws of the United States. k. No waiver by Application Provider of Your breach or default under this License shall be deemed to be a waiver of any subsequent breach or default. l. If any part of this License is found void or unenforceable it will not affect the validity of the balance of the license which shall remain valid and enforceable according to its terms. m. Application Provider may modify or discontinue this License from time to time. Any changes to this License will be posted on Application Provider's internet website. In addition, this License will always indicate the date it was last revised. You are deemed to have accepted and agreed to be bound by any changes to this License when You use the Licensed Application or Services after those changes are posted. n. The laws of the State of Delaware, excluding its conflicts of law rules, shall govern this License and your use of the Licensed Application. Your use of the Licensed Application and the Services may also be subject to other local, state, national, or international laws. o. Any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising under or in relation to this License shall be resolved exclusively through the small-claims court of the Superior Court of California within the City and County of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case either party may seek such relief in any court with jurisdiction over the other party. You understand that, in return for agreement to this provision, Application Provider is able to offer the Licensed Application and Services to you on the designated terms, and that Your agreement to this provision is an indispensable consideration to this License. You acknowledge and understand that, with respect to any dispute with Application Provider or any of its officers, directors, employees, agents or affiliates, arising out of or relating to this License and/or Your use of the Licensed Application or Services: • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. p. This License represents the entire understanding between You and Application Provider regarding the Licensed Application and the Services and supersedes and prior agreements with respect to the licensing of the Licensed Application and provision of the Services to You.
Virtual Medicine, a company registered in Slovakia with company and registered office address of Digital Park II Einsteinova 25, Bratislava 851 01 are committed to protecting and respecting your privacy. This Privacy & Cookie Statement (together with our applicable terms of use (the "Terms of Use") and any additional terms incorporated by reference into the Terms of Use, together our "Applicable Terms ") applies to: • your use of this application or website and any and all other websites or applications provided by, operated by or available for download from Virtual Medicine (together the "Sites"); and • any of the services accessible or available through the Sites (the "Services"), unless the Terms of Use states that a separate privacy statement applies to a particular Service, in which case that privacy statement only applies. This Privacy & Cookie Statement sets out the basis on which we gather and use any personal data we collect from you, or that you provide to us by using the Sites or the Services. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We will use your personal data only for the purposes and in the manner set forth below which describes the steps we take to ensure our processing of your personal data is in compliance with the Data Protection Acts 1988 and 2003 (the "Acts"). Virtual Medicine is the data controller in respect of your personal data. Acceptance of this Privacy & Cookie Statement By using any part of the Sites and/or accepting the Terms of Use, you signify acceptance of this Privacy & Cookie Statement and to our using and processing your personal data. IF YOU DO NOT AGREE WITH OR YOU ARE NOT COMFORTABLE WITH ANY ASPECT OF THE PRIVACY & COOKIE STATEMENT, PLEASE DO NOT USE THE SITES OR SERVICES. We reserve the right to modify this Privacy & Cookie Statement at any time. Any changes to this Privacy & Cookie Statement will be posted on the Sites so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of any portion of the Sites following notification or posting of such changes will constitute your acceptance of those changes. 2 Information we may collect from you We may collect and process the following data about you: Information you give us: You may give us information about you by filling in forms on the Sites and/or in relation to the Services, or by corresponding with us (for example, by e-mail or chat) or otherwise through your use of the Services. This includes information you provide when you register to use the Sites, download or register an application, subscribe to any of our Services, search for an application or Services or functions, make an inapplication purchase, share data via the group account features and/or when you report a problem with the Sites or any of our Services. The information you give us may include: • Information relating to your identify (e.g. name, email address, physical address, username, demographic information, ZIP/postal code, password and other registration information); • Information relating to your profession, your education, your title, your degree or certification, your affiliation with a professional organization or educational institution; • Information relating to your method of payment (e.g. financial and credit card information); • Information relating to the transaction in which you engage when you subscribe to our Services (number of transaction, details of your subscription); • Information relating to the follow-up of the commercial relationship (your requests, the features of the Services you use, exchanges between you and us, ratings or reviews that have been posted online); and • Information relating to comments, advices and content you may post on our Sites or in connection with the Services including via participating in our group account features. Information we collect about you and your device Each time you visit one of our, or use our, Sites or any of the Services we may automatically collect the following information: • technical information, including the type of device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), web browser software, IP address, the type of mobile browser you use, time zone setting; and • details of your use of the Sites and Services or your visits to any other of our sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. One of our goals in collecting this automatic information is to help us understand the interests of our users and customize your user 3 experience. To learn more about how we collect information through cookies and other tracking technologies, please refer to the Cookies and Other Web Technologies section below. Information we obtain from third parties We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. Uses made of the information We use information held about you in the following ways: • To enable personal identification within the Sites or for the provision of the Services, to register you as a member on the Sites or the Services, including to facilitate your access to and use of the Sites or Services; • To provide you with general information on the Sites and to provide you with our Services; • To respond to your requests for information, queries and other communication or correspondence you may submit to us; • To ensure that content on the Sites is presented in the most effective manner for you and for your device; • To provide you with information or Services that you request from us; • To carry out our obligations arising from any contracts entered into between you and us and to enforce the terms of our Applicable Terms; • To allow you to participate in interactive features of the Sites and/or the Services, when you choose to do so; • To notify you about changes to the Sites, the Services or policies; • To communicate with you in general (including for example and without limitation, via email, telephone or SMS), including to provide information about the Sites and/or the Services (please see the Marketing Communications Section below); and • To gather management information to form statistical, modeling and trend analysis with the aim of developing and improving products and services. We may also use your personal data, to provide you with information about goods or services which may be of interest to you and we may contact you about these by email where you have consented to be contacted for such purposes. Please see the Marketing Communications Section below. We may make use of the information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience. 4 Disclosure of your information We may disclose your personal data to any member of our Group (which means our subsidiaries, our ultimate holding company and its subsidiaries, from time to time) and to our or their service providers, subcontractors, business partners and agents (collectively “Contractors”). Such Contractors may include, without limitation, third parties who carry out hosting, cloud services, maintenance or provide us with other services, such as market research studies, in relation to the Sites and the Services we provide to you. We may disclose your personal data to third parties (including third parties who are not Contractors): • In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets; • If any member of our Group or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets (for example, in the form of a database of users of the Sites); • If We are under a duty to disclose or share your personal data in order to comply with any legal obligation or court order, or in order to enforce, establish, exercise or defend legal rights, the rights, property, or safety of you, us, our Group, or employees; • For marketing purposes where we have your consent to do so in accordance with the Marketing Communication section below; or • In order to enforce or apply the Applicable Terms and other agreements or to investigate potential breaches; We may also provide nonpersonal data to third parties, where such information is combined with similar information of other users of our Sites. For example, we might inform third parties regarding the number of unique users who visit our Sites, the demographic breakdown of our community users of our Sites, or the activities that visitors to our Sites engage in while on our Sites. The third parties to whom we may provide this non-personal data may include our website design, development, hosting contractors and cloud service providers. Where we store your personal data The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"), for the purposes described above. It may also be processed by staff operating outside the EEA who work for us or for one of our Group or our Contractors who act on our behalf. Such staff may be engaged in, among other things, the processing of your request for information, the provision of Services to you, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy & Cookie Statement and the Acts. 5 Safeguarding your information The security and confidentiality of your personal data is extremely important to us. As no data and information transmission over the Internet can be guaranteed as 100% secure, we cannot ensure or warrant the security of any information that you transmit to us and you transfer the personal data at your own risk. We endeavour to use and keep under review appropriate technical and organizational measures (including staff training and awareness) in order to protect against unauthorised or unlawful processing of your personal data, including unauthorised destruction, alteration or disclosure or access. We shall only hold personal data for as long as is necessary or as required by law. Certain Services include social networking, group chat features and functionality, forum features or other interactive features and consequently your use of these features will be accessible by other users of our Sites and Services. Ensure when using these features that you do not submit any personal data and data that you do not want to be seen, collected or used by other users. You acknowledge and agree that you have no expectations of privacy with respect to your use of these features. Marketing Communications From time to time, we may wish with your consent, to contact you by email, SMS, post or phone with information about other products or services which may be of interest to you. These communications may be from us or other members of our Group or it may be from other organisations whose products or services we think may be of interest to you. We will only transfer your personal data to third parties for marketing purposes with your express opt-in consent to do so. You will be given the option through the user registration process or otherwise to consent to have your personal data used in this way. If you wish to stop the use of your personal data for those purposes at any time please contact us requesting to be removed from our mailing list (by contacting us using the contact details below) or click on the "unsubscribe" link in any email or SMS communications which we might send you. Third Party Sites The Sites and/or the Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the Sites or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy statements or policies and that We do not accept any responsibility or liability for these statements policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services. If you wish you want your data to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights: The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.6 Cookies and other web technologies We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your device. Cookies help us to remember details of your visits to the Sites and/or the Services including, but not limited to, technical information (e.g. traffic data, location data, your IP address, the type of browser you use, browser plug-in types and versions, operating system and platform) or other information about your visit (e.g. websites you access from the Sites and/or the Services, other resources that you access on the Sites and/or the Services, interaction information, information which you have viewed and the length of visits to certain pages). Your rights You have a right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can also exercise the right to prevent such processing at any time by contacting us at Customer Services as set out in the "Contacting Us" section at the end of this Privacy & Cookie Statement. Your rights of access and modification may be exercised by contacting our Customer Services as set out in the "Contacting Us" section at the end of this Privacy & Cookie Statement. It is your responsibility to ensure that any information you have provided to us is accurate and up-to-date. Contacting Us If you have any questions about this statement or your personal data and/or if you wish to see what information we hold about you, please contact us at info@medicinevirtual.com.
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