BPMpathway Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING BPMPATHWAY, INCLUDING THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS.

BPMpathway manufacturer

BPMpathway is provided by 270 Vision Limited ("we" or "270v"), a company registered in England with company number 7505941 with registered offices at The Pavilion, Botleigh Grange Business Park, Hedge End, S030 2AF, UK.

1. Terms of Use

1.1 Please read these Terms of Use carefully (including the "Limitations of Liability" and "Choice of Law and Jurisdiction" sections below) before using BPMpathway, either the patient or professional application, (the "Software"). By using the Software, you signify your agreement to be bound by these conditions. These Terms of Use govern a legal agreement between you and us and it sets out the conditions, which govern your use of the Software, which may be downloaded from:

1.1.1 our website www.bpmpathway.com (the "Website"); or

1.1.2 the Apple App Store or the Android Play Store.

1.2 References in these Terms of Use to the Software, includes the Website and/or the App Store/Play Store (as appropriate, depending on the method you are using to download the Software). When you download the Software via the App Store/Play Store you will also be subject to their terms, guidelines and conditions applicable (the "Appstore Rules"). If these Terms of Use are inconsistent with the Appstore Rules, these Terms of Use will control.

1.3 We license use of the Software to you on the basis of these Terms of Use and subject to any other rules or policies we notify to you.

1.4 By using the Software, you confirm that you accept these Terms of Use and that you agree to comply with them.

1.5 If you do not agree to these Terms of Use, which govern the contract between us, you must not use the Software.

1.6 Subject to any specific terms identified in respect of a particular feature or part of the Software, these Terms of Use govern the agreement between you and us with respect to your use of the Software.

2. Grant and scope of licence

2.1 In consideration of you agreeing to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, revocable licence to use the Software, subject to these Terms of Use. We reserve all other rights.

2.2 We do not sell the Software (or any materials or documents relating to the same) to you and we remain the owners of such material(s) at all times.

2.3 You may download a copy of the Software onto an appropriate laptop PC, tablet or mobile phone ("Device"), and view, use and display the Software on the Device for your personal purposes only.

2.4 Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

2.4.1 not to copy the Software except where such copying is incidental to normal use of the Software;

2.4.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software Website;

2.4.3 not to make alterations to, or modifications of, the whole or any part of the Software, or permit the same (or any part of it) to be combined with, or become incorporated in, any other programs;

2.4.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing;

2.4.5 to include our copyright notice on all copies you make of the Software on any medium;

2.4.6 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software.

3. The Software

3.1 The patient Software enables you to undertake your daily post-operative rehabilitation programme. The daily programme will be a combination of tests to assess your range of motion and physiotherapy exercises to help with rehabilitation. During the programme, a sensor is attached to the limb on which you had surgery, which transmits movement results to the tablet PC. The test results are transmitted via the internet to the physiotherapist to monitor your progress.

3.2 The Software is designed to be accessed via a touch screen Device.

3.3 The patient Software records and transmits test results on an anonymised basis, which is then stored on our servers and may be later used for data analysis by 270 Vision and its partners.

3.4 Private Health Information (PHI) is not retained on the web. It is, however, stored as determined by your hospital/healthcare provider.

4. Accessing the Software

4.1 You are responsible for making all arrangements necessary for you to access the Software (including, having access to an internet connection and an appropriate Device).

4.2 You are also responsible for ensuring that all persons who access the Software through your Device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

5. Using the Software

5.1 You must only use the Software for lawful purposes and you must not infringe the rights of other users of the Software.

6. Prohibited Uses

6.1 You may use the Software only for lawful purposes. You may not use the Software in any way:

6.1.1 that breaches any applicable local, national or international law or regulation;

6.1.2 that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously in respect of the Software;

6.1.3 which infringes our intellectual property rights or those of any third party in relation to your use of the Software;

6.1.4 to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software;

6.1.5 that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

6.1.6 to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior consent;

6.1.7 to collect or harvest any information or data in respect of the Software or our systems or attempt to decipher any transmissions to or from the servers running the Software; or

6.1.8 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7. Intellectual Property Rights

7.1 We are the owner (or the licensee) of all intellectual property rights in the Software (including our Website). Those works are protected by patents GB2530754 and GB 2551238, other patents pending, copyright laws and treaties around the world. All such rights are reserved.

7.2 Our rights in the Software (including the Website) are licensed (not sold) to you and you have no rights to the same other than to use the Software under and in accordance with these Terms of Use.

7.3 You may use the Software only for your personal use. You must not use any part of the Software for commercial purposes without obtaining express permission in writing to do so from us.

7.4 If you use any element of the Software (including the Website) in breach of these Terms of Use, your right to use the Software will cease immediately and we may suspend your access to the Software with immediate effect and without notice.

8. Limitations of Liability

Please read this section carefully as it sets out the limits of our liability in relation to your use of the Software.

8.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8.2 Subject to section 9.1, we will not be liable or responsible for:

8.2.1 any loss or damage that was not caused by a breach on our part;

8.2.2 any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Software (loss or damage is 'foreseeable' if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract created by your use of the Software);

8.2.3 any loss or damage arising from an inability to use the Software; or

8.2.4 use of or reliance on any content displayed through the Software (regardless of the origins of such content unless due to our breach or negligence).

8.2.5 any additional data costs as a result of using this software and/or service.

8.2.6 any result of any breach of any items listed in section 6 Prohibited uses.

8.3 We only make the Software available to you for domestic and private use. You agree not to use the Software for any commercial or business purposes unless otherwise contractual agreed.

8.4 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Software, whether express or implied.

8.5 You acknowledge that we have made the Software available to you in reliance upon these Terms of Use (including these Limitations of Liability).

9. Viruses

9.1 Whilst we work to strong security standards, we do not guarantee that our App or Website will be secure or free from bugs or viruses and you should use your own virus protection software.

9.2 You must not misuse the Software by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software or our Website, the server on which our Website is stored, or any server, computer or database connected to the Software or our Website. You must not attack our Website via a denial-of-Software attack or a distributed denial-of Software attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Software will cease immediately.

10. Termination

10.1 You are free to stop using the Software at any time. If you breach any of these Terms of Use we can stop providing all or part of the Software to you. In all such cases, the contract between us under these Terms of Use shall terminate and:

10.1.1 all rights granted to you shall cease;

10.1.2 you must immediately cease all activities authorised by these Terms of Use, including your use of the Software;

10.1.3 (where applicable) you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software then in your possession, custody or control; and

10.1.4 any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Software shall remain in full force and effect, including: sections 6 (Prohibited Uses), 7 (Intellectual Property Rights), 8 (Limitations of Liability), 11 (Choice of Law and Jurisdiction) and 12 (General).

11. Choice of Law and Jurisdiction

11.1 Please note that these Terms of Use are governed by and construed in accordance with English law. You and we both agree to submit to the exclusive jurisdiction of the courts of England and Wales (save that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland).

11.2 Use of the Software is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

12. General

12.1 We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the Software or the addition of new features - it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Software. You should print off a copy of these Terms of Use for future reference.

12.2 The latest version of our Terms of Use will be accessible through the Software and the Website. You may be required to read and accept our new terms to continue your use of the Software.

12.3 From time to time updates to the Software may be issued. Depending on the update, you may not be able to use the Software until you have downloaded the latest version of the Software and accepted any updated Terms of Use.

12.4 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect (and if any of the sub-sections in section 7.2 are held to be invalid and are struck out then this shall not impact on any of the remaining sub-sections).

12.5 We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

12.6 Subject to any specific terms detailed in the Software or on the Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Software.

12.7 No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.8 Any rights not expressly granted by us under these Terms of Use are reserved.

Trademarks

The BPMpro ‘Swirly’ logo and ‘BPMpathway’ are EU registered trademarks of 270 Vision Limited.

Contact Us

To contact us, please email us at info@BPMpathway.com.