1. What the Service Agreement Covers
This is a contract (the “Contract”) between you and Vmed Mobile Inc. and its affiliates (“Company”, "we," "our" or "us") for use of the services available on this Website (the “Site”), the services available via our applications (the “Software”), newsletters, the electronic messages and announcements (“Electronic Communications”). All such services, collectively, are defined as the “Service”. By using or accessing the Service, you confirm that you agree to these terms. If you don't agree, don't use the Service.
Please note that we don't provide warranties for the service. This contract also limits our liability to you. See Sections 10 and 11 for details.
2. Privacy Policy
For information about our data practices, please read carefully our Privacy Policy. By accessing or using the Service, you agree that we can collect and use your information in accordance with the Privacy Policy.
3. Using the Service
Children under the age of thirteen (13), or any higher minimum age (the “Minimum Age”) in the jurisdiction where that children resides (sixteen (16) for the jurisdictions covered by EU GDPR), are not permitted to create accounts unless their parent has consented in accordance with applicable law. Thus, you represent and warrant that you are Minimum Age or older. If you are under the Minimum Age you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child under Minimum Age, agrees and accepts full responsibility for this person use of the Service, including all financial charges and legal liability that such child may incur.
Children under the age of thirteen (13), or any higher minimum age (the “Minimum Age”) in the jurisdiction where that children resides (sixteen (16) for the jurisdictions covered by EU GDPR), are not permitted to create accounts unless their parent has consented in accordance with applicable law. Thus, you represent and warrant that you are Minimum Age or older. If you are under the Minimum Age you must review the Terms with you parent(s) or legal guardian(s) to ensure that both you and your parent(s) or legal guardian(s) understand and consent to the Terms. A parent or legal guardian accepting the Terms for the benefit of a child under Minimum Age, agrees and accepts full responsibility for this person use of the Service, including all financial charges and legal liability that such child may incur.
The Service is intended for you to conveniently store your personal health-related information and the information about other people (such as your family members) with their consent. The Service accounts are forbidden to use by the healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only.
When using the Service you must comply with this Contract, all applicable laws, and other notices we provide. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any service, data, account, or network.
4. The Service Account
In order to access the Service you must create an account (the “Account”) by providing us with the information such as your full name and a valid e-mail address, as well as a strong password. You are responsible for all activity that occurs in the association with your Account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials. Please contact Customer Support if you discover or suspect any security breach related to the Service or your Account.
It is possible to create an Account via the Software or of the Site.
We may deny Account sign-up based your location or other reasons. You must not attempt to work around any such limitations in the Service. Some Service features are not available in some languages and locations. If you’d have any questions with the Service limitation applied to you, please contact our support team via info@vmedical.com
5. Health Records
The Service is intended to be used for personal and family health tracking. The data collected by users is linked to the personal health records (the “Health Records”). Service does not hold records for healthcare providers or other medical or case management purposes. For example, Health Records are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from Vmed Mobile in its records, it should store a copy in its own system.
The Service allows you to manage one or more health records, such as the ones you create for yourself and your family members. You choose what information to put in your records. Examples of the information you can store in a record include:
measurements such as blood glucose, blood pressure, body weight or heart rate entered manually via Software or Site or collected automatically by the Software from the Sensors;
personal text notes; health history. If there is a co-custodian of a record in your Account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other Service users access to the record, and view the record's data including how and when the record is used.
You also may use the Software in the offline mode (the “Local Mode”) without connection and data transfer to the Site. In this case Account registration is not needed and your data isn’t stored on the Site.
6. Internet access may be required
To access the Service by means of a cellular data connection on a portable device you will need a data access plan from your wireless carrier. In order to access the Service via Wi-Fi or Internet connection you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for any fees or costs you incur to access the Service through any wireless or other communication service.
7. Your content and sharing records
We don't claim ownership of the content you provide on the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the Service.
You control who may access your content by inviting the users. If you share content in your records, then you agree that anyone you've shared content with may use that content. When you give others the access to your content on the Service they can use, reproduce, distribute, display, transmit, and publish the content. If you don't want others to have that ability, don't use the Service to share your content.
If you share content on the Service in a way that infringes others' rights, including privacy rights, you're breaching this Contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We may remove your content from the Service at any time if you breach this Contract.
You're responsible for backing up the data that you store on the Service. If your Service is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is canceled. If the data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.
8. Privacy
You explicitly consent to the use of the personal health information you provide via the Service, including storing, processing, and disclosing the data in accordance with this Contract and our Privacy Policy. You confirm that you have the legal authority to consent to the Company processing all health information you provide and that you obtained the explicit consent of all other persons whose health data you provide.
We consider your use of the Service to be private.
The Service is a private computer network that the Company operates for the benefit of itself and its customers. The Company retains the right to block or otherwise prevent delivery of any type of e-mail or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching this Contract.
The technology or other means we use may hinder or prevent your use of the Service.
In order to provide you with the Service we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine. You may read about this information collection in more detail in our Privacy Policy.
9. How we may change the contract
The Company may change this Contract and will notify you by posting new terms. If you do not agree to the changes, you must cancel and stop using the Service. If you do not stop using the Service, the new terms apply to you.
10. NO WARRANTY
(For information about device warranties, visit vmedmobile.com/warranty)
We provide the Service "as-is", "with all faults" and "as available". The entire risk as to the quality and the performance of the Service and the Software is with you. Should the Service or software prove defective, you assume the entire cost of all necessary servicing or repair. We don't guarantee the accuracy or timeliness of information available from the Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this Contract is intended to affect those rights, if they are applicable.
This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service.
11. LIABILITY LIMITATION
If you have any basis for recovering damages from Vmed Mobile or its affiliates and vendors, you can recover only direct damages up to US $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
The limitations and exclusions apply to anything related to this Contract, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the Service; incompatibility between the Service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of Contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
12. Changes to the Service and cancellation
We continuously work to improve the Service and may change the Service at any time. Additionally, there are reasons why Vmed Mobile may stop providing portions of the Service, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. If your Service is canceled, your right to use the Service stops immediately.
You may cancel the Service at any time and for any reason. Sections 8, 10-15, and those that by their terms apply after the termination of this Contract will survive any termination of this Contract.
13. General legal terms
13.1. Interpreting the contract
All parts of this Contract apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this Contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won't change. This is the entire Contract between you and us regarding the Service. It supersedes any prior Contract or oral or written statements regarding your use of the Service. If you have confidentiality obligations related to the Service -- for example, you may have been a beta tester -- those obligations remain. Other terms may apply when you use or pay for other Vmed Mobile services. The Contract's section titles do not limit its terms.
13.2. Assignment
We may assign, transfer, or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice. You may not assign this Contract or transfer any rights to use the Service.
13.3. No third-party beneficiaries
This Contract is solely for your and the Company benefit. It is not for the benefit of any other person, except for the Company’s successors and assigns.
13.4. Service software
If you use or receive software from us as part of the Service, its use is governed by one of two terms (the "License Terms"): If you are presented with a license for the software, the terms of that license apply; if no license is presented to you, the terms of this Contract apply to both the Service and the software (and the term “Service” in this Contract includes the software). The Software may include third-party code that Vmed Mobile, not the third party, licenses to you under this agreement. Notices in the Software, if any, for the third-party code are included for your information only. Unless applicable law gives you more rights, we reserve all other rights to the Software not expressly granted by us under the License Terms, whether by implication, estoppel or otherwise.
We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and optimize the Service.
Any Software we provide is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.
14. Notices
You may notify us as stated in the customer support or "help" area for the Service. We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. You consent to the Company providing you required information by e-mail at the e-mail address you specified when you signed up for your Service or by access to the Company web site that we identify. Notices e-mailed to you will be deemed given and received when the e-mail is sent. If you don't consent to receive notices electronically, you must stop using the Service.
Notifications of claimed copyright infringement should be sent to info@vmedical.com.
15. Copyright and trademark notices
All contents of the Service are Copyright Vmed Mobile and/or its suppliers. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Service and content. Vmed Mobile and the names, logos and icons of other Company products and services may also be either trademarks or registered trademarks of Vmed Mobile in USA and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real Vmed Mobile account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this Contract are reserved.
16. How to contact us
If you have questions, suggestions, or concerns about this Contract, please contact us at info@vmedmobile.com.
UNAUTHORIZED USE OF PLANS WITH UNLIMITED SERVICES
The Company offers certain Plans with unlimited services (i.e., voice, text, or data) that are to be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.
The Company Plans may not be used for certain unauthorized uses that adversely impact our service to other customers or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following: (i) continuous uninterrupted voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video; (iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer ("P2P") file sharing; (v) as a substitute or backup for private lines or dedicated data connections; (vi) access to the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all hotspot applications), (vii) tethering your phone to a laptop or personal computer other than for the use of wireless sync, or (viii) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers. A customer engaged in any unauthorized use may have their service suspended and/or terminated at The Company’s sole discretion
Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. The Company reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of The Company Service. The Company reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone The Company believes is using their Service in an unauthorized manner or whose usage, in The Company’s sole discretion, adversely impacts a Carrier’s network or customer service levels. The Company will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in The Company’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your minutes are deemed excessive by The Company during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, in our sole discretion, that you are using your service in violation of the The Company Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your service, decline to renew your service, or offer you a different prepaid plan with no unlimited usage component.
The Company may discontinue providing service to you, terminate your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of The Company: (a) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other The Company customers or (b) may be harmful, disruptive, or interfere with the Carrier’s network, The Company’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to The Company’s right to terminate your Service under these circumstances.Liberty Mobile Wirelss LLC may discontinue providing service to you, terminate your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of Liberty Mobile Wirelss LLC: (a) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Liberty Mobile Wirelss LLC customers or (b) may be harmful, disruptive, or interfere with the Carrier’s network, Liberty Mobile Wirelss LLC’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Liberty Mobile Wirelss LLC’s right to terminate your Service under these circumstances.