Except where otherwise stated, “we”, “our”, and “Prenuvo” used in these Terms shall be deemed to include Prenuvo Corp. doing business as Prenuvo and its affiliates, subsidiaries, successors and assigns.
This agreement was written in the English language. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE PRODUCT OR ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Prenuvo. YOU HAVE NO RIGHT TO ACCESS OR USE THE PRODUCT OR SERVICES UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
Certain portions of the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific portion of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in the future shall be subject to these Terms; they will be posted to the Site as available and you are deemed to have accepted them.
“Content” means text, graphics, images, videos, the selection and arrangement of the foregoing, Examination Information, software (excluding the App) information, messages or other materials.
“Prenuvo Content” means Content that we make available through the Services including webpages, documentation, manuals, user guides, and any Content licensed from a third party, but excluding Registered User Content.
“Examination Information” means ultrasound images, cineloops, measurements, findings, annotations, statistics, calculations, impressions, indications, and any information that may be generated during performance of an examination using the Product, excluding Patient Information.
“including” means “including but not limited to”.
“Patient Information” has the meaning set out in the “Patient Data and Legal Compliance” section below.
“Personally Identifying Information” means any information that could be used to identify an individual, or information which could identify their relatives, employers, or household members.
“Privacy Laws” has the meaning set out in the “Privacy and Content Terms” section below.
“Registered User” means a person that completes Prenuvo’ account registration process, as described in the “Account Registration” section below.
“Registered User Content” means Content a Registered User uploads, submits, stores, or transmits to the Services.
“Sharing Feature” means Prenuvo’ feature which allows a Registered User to share Examination Information with others.
“you” means a Registered User or an unregistered accessor of a public portion of the Site, as applicable.
To register, you must provide a username, your email address, and other information specified in the registration form (“Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age. You authorize Prenuvo, in its sole discretion to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Prenuvo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Prenuvo has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize Prenuvo to access your contact list and/or address book on your device at your direction in order to allow you to share Content with specific contacts you choose, connect with your colleagues, or to allow you to invite specific contacts you choose to use the Product or Services. If your invitee is a resident of any country that has anti-spam laws or Privacy Laws requiring consent from users in place, you must obtain his or her prior consent to use his or her e-mail address to share information or images or issue an invitation to use the Product or Services.
Use of the Product or Services is void where prohibited by law or otherwise. By using the Product or Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Product or Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the App, Cloud Services, Registered User Content, and non-public portions of the Site. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify Prenuvo in writing by email of any unauthorized use of your User Information or any other breach of security. Prenuvo is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the any of the Services shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. Prenuvo hereby notifies you that any or all communications with this Site can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by Prenuvo in its sole discretion and without further notice.
In the case where review and testimonials (collectively "Reviews") mechanisms are directly or indirectly provided by any of the Services, the following terms and conditions apply. Prenuvo does not support the comments or opinions of reviewers and assumes no responsibility or liability for any content posted by you or any third party. Prenuvo reviews may be moderated for appropriateness. You may post reviews and comments so long as the content does not violate the following product review guidelines: reviews shall not identify any particular individual, contain any profanity, harassment, libel or defamation, infringe any Prenuvo or third-party copyrighted works, contain otherwise harmful or offensive material, or attempt to gain unauthorized access to the Services.
Prenuvo reserves the right (but not the obligation) to remove or edit reviews for any reason at its sole discretion with no notice to you, and regularly reviews posted content. If you do post a review, you agree that the content in such review is not confidential and you grant Prenuvo a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for any purpose. You grant Prenuvo and sub licensees the right to use the name that you submit in connection with such content, if they choose. You irrevocably waive in favour of Prenuvo all moral rights or similar rights that you may have in and to such content. You represent and warrant that you are not a minor and that you own or otherwise have obtained all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any applicable laws and will not cause injury to or violate the rights of any person or entity; and that you will indemnify Prenuvo for all claims resulting from content you supply. Prenuvo reserves the right not to post, or to block or filter, any review at our sole discretion.
Subject to your compliance with these Terms, Prenuvo grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you obtained the Prenuvo App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, “App Vendor”).
This license does not include any right to obtain future upgrades, updates, supplements, or any support or technical assistance relating to the Product or Services, unless Prenuvo has specifically and expressly indicated that obtaining them is an integral part of the Product or Services. If upgrades, updates or supplements to the Product or Services are obtained, the use thereof will be governed by these Terms or such other terms and conditions and may be subject to additional payments.
You agree not to do any of the following:
YOUR RELIANCE UPON THE PRODUCT OR SERVICES, OR CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES, OR APP IS SOLELY AT YOUR OWN RISK. THE PRODUCT AND SERVICES, INCLUDING ANY COLLECTIVE CONTENT, PRODUCT DESCRIPTIONS, AVAILABILITY AND PRICES SHOWN ON THE SITE, ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRENUVO EXPLICITLY DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. Prenuvo MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS FOR YOUR PARTICULAR NEEDS OF ANY OF THE PRODUCT OR SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT (I) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE PRENUVO CONTENT INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS RELIABILITY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRENUVO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
PRENUVO CANNOT GUARANTEE THE AVAILABILITY OF ANY PRODUCTS OR ITEMS DESCRIBED ON THE SITE AND SOME MAY NOT BE AVAILABLE AT ALL DUE TO SPACE LIMITATIONS, UNAVAILABILITY OF SUPPLY OR FOR OTHER REASONS. PRODUCT INFORMATION (INCLUDING WITHOUT LIMITATION PRICING, SPECIFICATIONS AND WARRANTY INFORMATION) IS SUBJECT TO CHANGE AT ANY TIME, AND MAY NOT BE CURRENT OR ACCURATE, AND IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT ABOVE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRENUVO OR THROUGH THE SERVICES WILL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
The Prenuvo name and logo are trademarks of Prenuvo. Other registered and unregistered trade-marks, trade-names, related words, domain names, logos, and slogans which are the proprietary property of Prenuvo may appear from time to time on the Services. All other trade-marks, product names and company names or logos cited herein which are not the property of Prenuvo are the property of their respective owners. You agree that Prenuvo trademarks may not be used without express permission from Prenuvo. Prenuvo trademarks may not be used in connection with any products or services which do not belong to Prenuvo unless authorized by Prenuvo with advance written notice and never in any manner that is likely to cause confusion among customers or potential customers of Prenuvo or in any manner that disparages or discredits Prenuvo.
All Prenuvo Content contained on the Services are the copyright and property of Prenuvo (unless otherwise expressly stated). No Prenuvo Content from the Services or any website owned, operated, licensed, or controlled by Prenuvo may be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials for your personal use only, provided that you keep intact all copyright and other proprietary notices. You shall keep intact all copyright and other proprietary notices. Any other use of the Prenuvo Content is strictly prohibited. If you wish to link to this Site, you must contact us to obtain our advance written approval. Modification or use of the Prenuvo Content for any other purpose than as described above is a violation of Prenuvo copyright and other proprietary rights, and is also strictly prohibited. All rights are reserved.