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CVAID Application Terms and Conditions of Use

CVAID Ltd. (herein referred to as: "CVAID") operates CVA-Flow Connect (the “App”) subject to the following terms and conditions of use (the “Terms") and all modifications thereto, in addition to guidelines that may be published from time to time by CVAID. By entering and/or using this App, operated or maintained by CVAID or its affiliates, you, the user, is deemed to have agreed to comply with and be bound by these Terms. CVAID reserves the right to modify the Terms at any time, by placing such changes on the App information page. By entering and/or using this App following any modification of the Terms, you agree to comply with and be bound by any such modified Terms.

YOU MAY NOT ACCESS OR OTHERWISE USE THIS APP IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS

The operations, businesses, and properties described in this publication are owned or operated by CVAID. The terms "CVAID," "CVAID," "we," "our," and "its" are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.

App Services

The App is a comprehensive tele-stroke system for the rapid virtual examination of a suspected stroke patient, over the video, by means of a mobile application connected to a dedicated cloud server that can be used when installed on a smartphone. The purpose of the App is to Assist clinicians in viewing recorded videos and images of subjects, making real-time video calls, and sending messages to other triage clinicians in the same pre-defined group. IT IS NOT MEANT TO DIAGNOSE OR TREAT DISEASES OR STROKES. CVAID does not offer any medical services.

Please note and be advised that the use of CVAID devices do not replace any medical treatment, if so directed by a physician.

Way of Use

The patients' photos and videos taken by the user via the App, are not shared with CVAID or – as far as CVAID is concerned – with any other third party. The information is kept by the user’s smartphone and the cloud server.  Users may share the patients photos and videos and any information collected with the use of the App, with other authorized users, on their own initiative and responsibility. CVAID will not be liable or responsible for any shared information made by the user.

 

 

Cancellation

You have the right to cancel the license to the App anytime without giving any reason. When you cancel the service, by deleting the App from your smartphone, you will not be able to activate the App. CVAID shall have the right to terminate the license in accordance with the EULA terms.  

Rights

As between CVAID and you, CVAID is the sole owner of all content of the App and services including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the App contents or any portion thereof, for any purpose.

CVAID is the owner of several trade names, copyrights, trade secrets and other intellectual property rights. Such rights are the sole property of CVAID, and the mention of products or services which are subject to such rights in this App does not grant any license to use such intellectual property rights by any third party.

You must abide by all copyright notices or other restrictions contained on the App. Moreover, any CVAID affiliate, or third party's corporate names and logos may not be altered or used without specific, prior written permission.

Personal Use Only

Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the App. You may not allow any third party to use the App.

No Liability

Subject to applicable laws, CVAID provides the App services on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, CVAID specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the App services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the App content or service and their results, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. CVAID does not warrant or guarantee: (i) that any portion of the App will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the App will be uninterrupted or error-free.

Under no circumstances, including, but not limited to, negligence, shall CVAID be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the App services, even if CVAID or a CVAID authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the App. In no event shall CVAID's total liability to you herein, for any claim or action arising from use of the App (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the App. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CVAID's liability shall be limited to the fullest extent permitted by law.

Restriction on Use

Your use of the App and its services is also subject to the End-User-License-Agreement (EULA) which terms you can find here.

No Rights

Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this App.

General

In the event that a court of competent jurisdiction determines that any provision of these Terms is unenforceable or otherwise fails in its essential purpose, the remaining provisions shall remain in full force and effect. These Terms are subject to the laws of the State of Israel and to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the user as consumer has his usual place of residence, shall not be deemed affected.

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