We are TeleVU (we, us, our, company) and provide you and your organization with SaaS along with third party manufactured smart glasses to operate and provide remote assistance via our app and the smart glasses paired with it. This includes but not limited to two-way live audio and video communication through our app and the smart glasses by your organization’s authorized personnel, to a location where the remote advisor/consultant/expert is receiving the audio/video communication. The remote support advisor/consultant/expert can then provide information back. We call this a Remote Session.
You or Customer means, your organization, your employees & your authorized contractors.
Technology means our app, third party smart glasses provided in combination or individually.
We, at TeleVU are committed to protect the privacy of you, your staff and your patients and the following terms describes our commitment.
It is expected that you take necessary precautions when a Remote Session is in progress. You are expected to follow the code of conduct as it applies to your organization and follow any protocols that applies, including using the technology in the operating room and other medical procedure rooms as well as healthcare facility wards.
It is also understood that the operator of the technology is physically and mentally competent to use the technology in a healthcare setting.
You are also expected to consider privacy of patient and staff when using the technology and not record any video or photos via screen recording or screen shots. The intended usage of the video feed is to facilitate live communication in real-time and not store and forward.
Use of our Technology
3. End User License Agreement
Your use of the Software is limited as set forth in the following terms and conditions of use (“Agreement”). Please read them carefully. This Agreement, and any new versions, between TeleVU and You, covers all your use of Software from any terminals or devices where the Software has been installed, by You or by third Parties. Upon registration in the TeleVU applications, you can accept this Agreement by clicking on the ACCEPT button.
License and Restrictions.
- License. Subject to the terms of this Agreement, TeleVU hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on Your computer for the sole purpose of providing remote assistance.
- No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or any part thereof.
- No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof.
- Notwithstanding anything else contained in this License, in no event shall You use the Software to enable, support, or otherwise aid a third party to develop any product, software or service competitive with any of TeleVU’ products.
- Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with TeleVU or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to TeleVU or its Affiliates to enforce any of your rights. “Affiliate” means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, TeleVU. “Control” means the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
- Exclusive Ownership. Any and all IP Rights in the Software are and shall remain the exclusive property of TeleVU and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with TeleVU’ IP Rights. Any unauthorized use of TeleVU’ IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. “IP Rights” means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
- No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or TeleVU’ (or its licensors) rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
- No Warranties. ANY AND ALL INFORMATION PRESENTED IN THIS SOFTWARE IS BEING PROVIDED ON AN “AS IS” BASIS. TELEVU and its Affiliates, Licensors, employees, contractors, directors, officers, agents, and attorneys (the “TeleVU Parties”) MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SOFTWARE, OR THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND DATA ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN RISK.
- TeleVU Is Not Engaged in the Practice of Medicine. The TeleVU Parties expressly disclaim any and all responsibility for any consequences, directly or indirectly, related to any use, misuse or interpretation of the Software or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold the TeleVU Parties harmless therefrom. The TeleVU Parties shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the Software.
- Medical Treatment or Diagnosis Disclaimer. Nothing contained in the Software is intended to be instructional for medical diagnosis or treatment. The information presented by the Software and/or TeleVU should NOT be considered complete, nor should it or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment, but is provided as information only. This Software does not directly or indirectly practice medicine or dispense medical services.
Your Own Risk.
You acknowledge and agree that the entire risk arising out of Your use of the Software remains with You, to the maximum extent permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT THE TELEVU PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH SOFTWARE.
Limitation of Liability.
IN NO EVENT SHALL THE TELEVU PARTIES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE; OR
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (1) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY TELEVU FOR ANY REASON, OR (2) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.
THE LIMITATIONS ON TELEVU’ LIABILITY TO YOU IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT THE TELEVU PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF THE TELEVU PARTIES FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF TELEVU, THE TELEVU STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
- Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and TeleVU with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or TeleVU arising out of fraud or fraudulent misrepresentation.
- Partial Invalidity. If any provision of this Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to this Agreement as a whole, the legality, validity or enforceability of the remainder of this Agreement (including the remainder of the term which contains the relevant provision) shall not be affected.
- No waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If TeleVU waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
- Assignment. You are not allowed to assign this Agreement or any rights hereunder. TeleVU is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
- Applicable Law and Competent Court. This Agreement shall be governed by and interpreted in accordance with the laws of Canada, without regard to conflict of laws principles, and You hereby submit to the jurisdiction of the courts of Turnhout.
- Survival. Any provision of this Agreement which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO TELEVU THE RIGHTS SET FORTH HEREIN.