THESE TERMS OF- USE (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND SIRA MEDICAL, INC. (“COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE OUR SOFTWARE APPLICATION (“SOFTWARE APPLICATION”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SOFTWARE APPLICATION” INCLUDE THE CONTENT AND SERVICES AVAILABLE THROUGH THE SOFTWARE APPLICATION. BY USING THIS SOFTWARE APPLICATION, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SOFTWARE APPLICATION OR ANY INFORMATION CONTAINED ON THIS SOFTWARE APPLICATION.
Company may make changes to the content and services offered on the Software Application at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Software Application. By using this Software Application after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Software Application.
By using this Software Application, you represent, acknowledge and agree that you are at least 18 years of age.
If you are using this account on behalf of an organization, then you are agreeing to these terms and conditions for that organization and promising to Company that you have the authority to bind that organization to these terms and conditions (and, in which case, “you” as used in these terms and conditions refers to that organization).
Company provides content through the Software Application that is copyrighted and/or trademarked work of Company or Company’s third-party licensors and suppliers or other users of the Software Application (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
To use the Software Application, you must have a device that is compatible with the service. Company does not warrant that the Software Application will be compatible with your device. Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Software Application for one registered account on one device owned or leased solely by you, for your internal business purposes and not for the benefit of any other person or entity. You may not: (i) modify, disassemble, decompile or reverse engineer the Software Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software Application to any third-party or use the Software Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Software Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software Application, features that prevent or restrict use or copying of any content accessible through the Software Application, or features that enforce limitations on use of the Software Application; (v) delete the copyright and other proprietary rights notices on the Software Application, or (vi) use the Software Application in any manner that violates any laws or regulations. You acknowledge that Company may from time to time issue upgraded versions of the Software Application, and may automatically electronically upgrade the version of the Software Application that you are using on your device. You consent to such automatic upgrading on your device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Software Application or any copy thereof, and Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Software Application (and any copy of the Software Application). Standard carrier data charges may apply to your use of the Software Application.
The following additional terms and conditions apply with respect to any Software Application that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. (“Apple”).
- Your use of Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Company, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Software Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
- Your use of Company’s Android App must comply with Google’s then-current Android Play Store Terms of Service.
- Google is only a provider of the Android Play Store where you obtained the Android App. Company, and not Google, is solely responsible for Company’s Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Company’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company’s Android App.
You may register for an account with Company, through the account registration feature in the Software Application.
You are responsible for maintaining the confidentiality of your access credentials, and you are responsible for all activities that occur in the Software Application using your access credentials. You agree not to share your access credentials, let others access or use your access credentials or do anything else that might jeopardize the security of your access credentials. You agree to notify Company if your access credentials are lost, stolen, if you are aware of any unauthorized use of your access credentials in the Software Application or if you know of any other breach of security in relation to the Software Application.
All the information that you provide when registering for an account and otherwise through the Software Application must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.
Your subscription to use the Software Application includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28).
Company reserves the right to change Company’s pricing. In the event of a price change, Company will attempt to notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. Company will not be able to notify you of any changes in applicable taxes.
You can cancel your subscription at any time before the end of the current billing period. Cancellation will take effect at the end of the current billing period, and you will still be able to access the Software Application until then. Company does not refund or credit for partially used billing periods. You may cancel your subscription by emailing us at [email protected].
Company will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, Company may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables Company to continue to provide you access to the Software Application. You authorize us to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, Company may suspend or terminate your subscription. You also agree that Company may charge your payment method on file if you decide to restart your subscription.
You are expressly agreeing that Company is permitted to charge you for any applicable tax in connection with your subscription.
You are responsible for your use of the Software Application, including, without limitation, any augmented reality models that you view or manipulate using the Software Application and any augmented reality sessions that you record using the Software Application. You may not view or manipulate, using the Software Application, any material protected by copyright, trademark, or any other proprietary or privacy right without the express permission of the owner of such copyright, trademark or other proprietary or privacy right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. If applicable, you confirm that you will provide notice to, and obtain consent from, any individuals whose personal information may be collected or processed by you in accordance with applicable laws and regulations. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from your use of the Software Application.
You shall indemnify and hold harmless Company and its officers, directors, employees, affiliates, agents, licensors, and business partners from claims, suits, actions, demands and proceedings (including action by a government authority) and all losses, damages, costs, expenses (including reasonable attorneys’ fees) and liabilities related thereto arising out of or related to (a) your use of the Software Application or the use of the Software Application by any person using your access credentials other than as authorized hereunder, (b) materials that you view or manipulate using the Software Application, (c) any claim or demand from a third party that your use of the Software Application or the use of the Software Application by any person using your access credentials violates any applicable law or regulation, including, without limitation, any data protection laws or biometric privacy laws, or the intellectual property rights, privacy rights, publicity rights or other rights of any third party, or (d) your breach of these Terms.
The Software Application may contain features designed to interoperate with services, software or products provided by third parties (“Third Party Offerings”). To use such features, you may be required to obtain access to such Third Party Offerings from their providers. Any acquisition by you of any such Third Party Offering, and any exchange of data between you and any provider of a Third Party Offering, is solely between you and the applicable provider of the Third Party Offering. If you install or enable any Third Party Offering for use with the Software Application, you acknowledge that Company may allow providers of that Third Party Offering to access your data as required for the interoperation and support of such Third Party Offering with the Software Application. Company shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by the providers of Third Party Offerings. If the provider of any Third Party Offering ceases to make the Third Party Offering available for interoperation with the corresponding Software Application features on reasonable terms, Company may cease providing such features without entitling you to any refund, credit, or other compensation.
COMPANY DOES NOT WARRANT ANY THIRD PARTY OFFERING. YOU AGREE THAT COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY THIRD PARTY OFFERING, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY OFFERING.
Sira Medical is a trademark of Company in the United States. Other trademarks, names and logos on this Software Application are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Software Application, including documents, services, app design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2022 Sira Medical, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Software 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, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Your use of this Software Application is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy of timeliness of the Materials contained on this Software Application. Company has no liability for any errors or omissions in the Materials, whether provided by Company, our licensors or other users.
COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SOFTWARE APPLICATION OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SOFTWARE APPLICATION OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SOFTWARE APPLICATION. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE APPLICATION AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SOFTWARE APPLICATION IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, DOWNLOADING, OR OTHERWISE USING THIS SOFTWARE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNT YOU PAID TO COMPANY, FOR YOUR SUBSCRIPTION, IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
Company controls and operates this Software Application from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Software Application outside the United States of America, you are responsible for following applicable local laws.
You agree that Company may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your subscription or your access to part or all of the Software Application if Company believes you are using or have used the Software Application in violation of these Terms or applicable law or regulations or in any manner other than for their intended purpose. Without limiting the foregoing, Company may restrict or suspend your subscription or your access to the Software Application for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if Company reasonably believes that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.
You agree that Company will not be liable to you or to any third party for any such restriction, suspension, or termination of your subscription or your access to the Software Application or your account.
Upon termination of your subscription, whether terminated by Company or at your request (other than a cancellation by you of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access to the Software Application.
California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Software Application will be heard in the courts located in San Francisco County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company regarding the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Software Application. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at [email protected].