Last Updated: April 22, 2021
Welcome to Vivemed! Thank you for your interest in our products and services.
We offer a variety of products and services ranging from consumer products, websites, mobile applications, customer support and other products or services We refer to those products services collectively as the “
Product” or “
Products.” The following terms and conditions govern your use of the Products.
We refer to these terms and conditions as “
Terms and Conditions”. When we use “
Vivemed,” “
we,” or “
us,” we are referring to ViveLab Ergo Ltd. unless the context indicates otherwise.
Please read these Terms and Conditions carefully. By purchasing, installing, downloading, or otherwise accessing or using our Products, you are agreeing to these Terms and Conditions and are creating a legally binding contract regarding your use of our Products. If you do not agree to these Terms and Conditions, do not use our Products. Because our Products take many forms, additional terms or Product requirements may apply and are included with the relevant Products. Those additional terms and Product requirements become part of your contract with us.
1. Consumer Products
Our Products are consumer products, not medical devices. They are not intended for use as a medical device or to replace a medical device. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process.
The accuracy of the data collected and presented through the Products is not intended to match that of medical devices or scientific measurement devices. OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS. RATHER, USE OF THE PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL.
None of the Products are intended for emergency situations. If you think you may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking it because of information you read about the Products.
2. Use of Our Products
Proper Use. Don’t misuse our Products. Use our Products for their intended purpose only. Our Products are not medical products. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process. They are consumer products intended to promote general well-being. Never use our Products to replace common sense, or appropriate medical care.
Don’t try to access our Products using a method other than the interface and the instructions that we provide. Use our Products only as permitted by law, including applicable export and re-export control laws and regulations. If you use our Products improperly, we may stop providing our Products to you.
Age Restrictions. You must be at least 18 years old to use our Products. By agreeing to these Terms and Conditions, you are telling us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from use of the Products; and (c) your registration and your use of the Products complies with the law.
Ownership; Proprietary Rights. We own and operate the Products. This includes the trademarks, copyrights, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), hardware, products, software, services, and all other elements of the Products. Your use of our Products does not give you ownership of any intellectual property rights in our Products or the content you access. We reserve all rights to the Products not granted expressly in these Terms and Conditions.
Accounts and Registration. To access features of Vivemed (like the sensor set), you must purchase the necessary hardware from us or one of our authorized distributors or sign up for a limited time free trial (meaning you can use the Product for a certain amount of time and then your right to use the Product ends) and register for an account. When you register for an account, you may be required to provide us with some information about yourself. You agree to provide accurate information and to keep that information accurate and up-to-date at all times.
When you register for an account, you will create a password to protect that account. Keep your password confidential because you are responsible for all activity that occurs through your account. If you believe that your account is no longer secure, notify us immediately at
info@vivemed.com.
User Content. If you choose to provide us with comments, input, suggestions, messages, reviews, photos, videos, images, or any other information, then you give us the right to use that information in any manner and for any purpose, including to improve the Products and create other products and services. You also agree to only provide us content that belongs to you, does not infringe anyone else’s rights, and is not defamatory, vulgar, harassing, or otherwise inappropriate.
We may remove or prohibit you from posting any of your content for any reason.
Software. If one of the Products you use is software, we provide that software under a personal, non-assignable (meaning you can’t give the software to anyone else), royalty-free, and non-exclusive license to use an object code copy of the software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products consistent with these Terms and Conditions.
You may not copy, modify, distribute, sell, lease, or reverse engineer any part of our Products or attempt to extract the source code of any software included in the Products, unless you are legally allowed to do so by the laws of your country or you have our written permission to do so.
Some software used in our Products may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms and Conditions.
3. Privacy Policy and Copyright Protection
We treat the personal information you provide us consistent with the terms of our
Privacy Policy. By using the Products, you agree that we can use the personal information you provide in accordance with the terms of our
Privacy Policy.
Any links to third party websites in the Products are provided for convenience. We are not responsible for the content of or any actions taken by those third party websites.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Hungarian Intellectual Property Office.
We provide information to help copyright holders manage their intellectual property online. If you think someone is violating your copyrights and want to notify us, please contact us at
info@vivemed.com.
4. Warranties and Disclaimers
We provide our Products using a commercially reasonable level of skill and care. While we strive to provide you with quality Products, we don’t promise certain things about our Products.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OR ADDITIONAL TERMS PROVIDED WITH AN INDIVIDUAL PRODUCT, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY PROMISES ABOUT OUR PRODUCTS’ FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS”.
Please read our
Satisfaction Guarantee and Limited Warranty for additional information about our satisfaction guarantee and limited warranty.
You must purchase our Products directly from us or from one of our authorized partners for our warranties to be valid. If you purchase from anyone else, our warranties are void.
HIPAA Disclaimer We are NOT providing you with “covered health services” as such term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to us will NOT be deemed in any way “protected health information.” We are not obligated to handle that information in the manner required by HIPAA. You agree to never make any HIPAA claims against us.
5. Liability for our Products WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY AND OUR SUPPLIERS’ AND DISTRIBUTORS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS AND CONDITIONS OR RELATED TO THE PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS.
IN ALL CASES, WE AND OUR SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
6. About these Terms and Conditions We may modify these Terms and Conditions or any additional terms that apply to a Product. You should look at these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page. If you do not agree to the modified Terms and Conditions for a Product, you should discontinue your use of that Product.
If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
These Terms and Conditions are a legal agreement between us. They do not create any third party beneficiary rights.
If you do not comply with these Terms and Conditions and we don’t take action right away, our inaction does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms of these Terms and Conditions.
These terms and conditions will be governed by and construed in accordance with Hungarian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Hungary.
For information about how to contact us, please visit our
contact page.
