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.
1.1.1 our website www.bpmpathway.com (the "Website"); or
1.1.2 the Apple App Store or the Android Play Store.
- Grant and scope of licence
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.
2.4.1 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.
- 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.
- 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).
- 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.
- 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;
6.1.3 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.
- 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.
7.3 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.
- 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.
8.2 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.
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.
10.1.1 all rights granted to you shall cease;
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
- Choice of Law and Jurisdiction
The BPMpro ‘Swirly’ logo and ‘BPMpathway’ are EU registered trademarks of 270 Vision Limited.
To contact us, please email us at info@BPMpathway.com.