Terms and Services
1. These Terms of Service apply to your use of the Digimevo Service (as defined below). By using the Service, you accept the Terms of Service and sign an agreement with Digimevo (hereinafter the "Agreement"). If you do not want to accept the Terms of Service, you cannot use the Service.
2. Digimevo SL is a limited liability company incorporated and existing in accordance with the laws of Spain, with registered office at Travessera de les Corts 262.12 2, esc B, 0814 Barcelona and active on the Digimevo website (hereinafter “ Website" ). It is registered with the CIF of B67294348.
3. We recommend that you read these Terms of Service carefully so that you are aware of your rights and responsibilities when using the Digimevo Service. Questions about the Terms of Service should be sent to email@example.com.
2 - General
1. These Terms of Service apply, excluding their terms and conditions, to all agreements between you and Digimevo and to any use made of the Service through your Account.
2. Digimevo reserves the right to modify or supplement these Terms of Service at any time by posting an updated set of terms and conditions on the website. Modified or supplemented Terms of Service will be communicated to you by email at the address registered in your Account and by means of a notice on the website prior to the date on which such updated terms and conditions are to take effect. If you continue to use the Service after that date, you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to terminate the Agreement in accordance with Article 9.
3. Any addition or deviation to these Terms of Service, whether on a temporary or permanent basis, is only valid when confirmed by Digimevo in writing acting by an authorized officer, such as a director or senior manager.
3 - Service and availability
1. Digimevo has developed a platform, called Digimevo, that enables healthcare providers to manage their patients' healthcare education, including managing patient compliance with the educational program and exchanging educational program templates with other Digimevo customers. (hereinafter, "Platform"). Digimevo makes the Platform accessible through the Website (hereinafter, the "Service"). To obtain access to the Service, you must have a registered account (hereinafter "Account").
2. Subject to your full and ongoing compliance with all obligations under these Terms of Service, Digimevo grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right to use the Service, including the Platform for the purposes above (but not additional or otherwise).
3. Digimevo will use reasonable efforts to provide the Service with due care. You agree that the Service, including the Platform, only contains the functionalities and other features described in the current documentation as set forth at the time of use ("as is" and "as available"). Each and every use of the Service is at your own risk and responsibility. Digimevo does not guarantee that the provision of the Service will be uninterrupted or error-free and Digimevo does not accept responsibility for any part of the service provision infrastructure (including, but not limited to, the Internet) that is beyond its reasonable control.
4. Digimevo has the right at all times, without being liable to you in any way:
- make technical and procedural modifications and / or improvements to the Platform and / or the Service; Y
- temporarily interrupt or limit the Service or your Account if, in your opinion, this is necessary, for example, for preventive, corrective or adaptive maintenance purposes. Digimevo will notify you of the temporary unavailability or restricted use of the Service to the extent and as soon as reasonably possible.
4 - Account
1. To use the Service, you must create an Account by following the registration process on the Website.
2. Upon Account registration, you will establish your username and unique password (together "identifiers") to gain access to the Account. You are responsible for keeping identifiers secret. As soon as you know or have reason to suspect that identifiers are no longer secret, or that the Account is being abused, you must notify Digimevo immediately and take all necessary measures to prevent unauthorized access, including changing identifiers. relevant and take other security measures as recommended by your infrastructure provider.
3. You are not allowed to:
- provide information during registration that is not accurate, complete and up-to-date;
- create more than one account;
- create an account for another natural or legal person;
- share an Account or in any other way provide access to the Account to another natural or legal person; or
- create an account if you are under 18 years old.
4. In the case of a patient, you may download your educational programs and account details from the Service strictly for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact.
5. In the case of the healthcare provider, you may download your patient's education program and compliance history from the Service strictly for the purpose of maintaining your patient's records and you must not sell, redistribute or use for any other purpose. You may not use any means to export and / or download your patient's educational program and compliance history, other than the means expressly provided for that purpose by Digimevo.
5 - Your obligations
1. When using the Service, you are not allowed to perform the acts listed below: - make the content (including all information, data or material, such as educational programs (hereinafter "Content")) is available, in Digimevo's discretion, is discriminatory or is considered harmful, offensive or inappropriate; - process personal data, in a way different from that of the applicable legislation; - make available Content that contains viruses, Trojan horses, worms, bots or other software that may cause any interference, loss or damage to the Platform or any data or render it unusable or inaccessible or delete it, or that may appropriate it or that is intended to circumvent the technical protection measures of the Service, the Platform and / or Digimevo's computer systems; - make available Content aimed at persons (including patients) under the age of 18, unless there is prior consent of the parents or guardians of such persons; - make or transmit any unwanted or unsolicited material or Content (spam); - Make content available that may harm Digimevo's interests and reputation.
2. Digimevo reserves the right, without prior notice, to abbreviate, alter, reject and / or remove any Content at its absolute discretion and responsibility.
3. In the case of the healthcare provider, you cannot create educational programs for more patients than are agreed for your Account. The applicable limitation on the number of patients will be mentioned on the website prior to the conclusion of the Agreement.
4. Violations of this article 5 may lead to the suspension or termination of the right to use the Service and Digimevo may, in any case, claim damages for any breach of this article 5.
6 - Privacy
2. If you are a healthcare provider, you agree and agree that you are responsible for complying with all applicable privacy laws as a healthcare provider for the patient and no act or omission by Digimevo will relieve you of your obligations. Under the Data Protection Act, Digimevo acts as a data processor only in accordance with the Data Protection Act and you remain the data controller with respect to all data processed using the Service.
3. Digimevo will do its best to keep personal data received from the healthcare provider in strict confidence and to implement appropriate technical and organizational measures to protect personal data against any form of illegal and / or unauthorized processing of personal data. Digimevo will provide its reasonable assistance to the medical provider care, so that the healthcare provider fulfills its obligations regarding the evaluation of the effectiveness of security measures, the security of personal data, and notifications of a data breach.
7 - Intellectual property rights
1. Intellectual property rights, including, but not limited to, copyrights, database rights and trade name rights (hereinafter, "intellectual property rights"), in relation to the Service, including the Platform, are owned by Digimevo or its licensors. Nothing in the Terms of Service is intended to imply a transfer of intellectual property rights to you.
2. You retain all intellectual property rights to the Content you provide through the Service. By making Content available or uploading to the Service, you automatically grant Digimevo a free, worldwide, irrevocable, sublicensable, and transferable right to use this Content to the extent that it is related to the provision of the Service.
3. Except to the extent permitted by mandatory law, you may not reproduce or decompile the Platform or reverse engineer it. Furthermore, the elimination and / or circumvention of security measures or technical limitations (of use) of the Service and / or the Platform is not allowed.
8 - Term and termination
1. You agree that your use of the Service is for a defined period of time, be it a month or a year (initial period). After the initial period has elapsed, your right of access to use the Service will automatically renew for the same period of time (month or year), subject to these Terms and Conditions.
2. You can cancel your Account and access the Service at any time within your Account settings. If you are a healthcare provider and there are educational programs that extend beyond the current subscription period, you must manually edit the programs for these patients to end within the current subscription period before you can cancel your Account and sign in to use the service. Notwithstanding the foregoing, if you are a patient, your access to the Platform will cease when your healthcare provider ceases access to the Service.
3. If you are a healthcare provider and terminate 10 days or more before the end of the current subscription period, your cancellation will take effect at the end of the current subscription period and you will not be charged for the next subscription period. If you cancel less than 10 days before the end of the current subscription period, your cancellation will take effect at the end of the next subscription period and the fees will continue to be owed and payable during the next subscription period.
4. Digimevo has the right to immediately interrupt or suspend (temporarily) your Service or terminate the Agreement, without prejudice to Digimevo's other rights and remedies, including your right to claim damages: - if you breach your obligations under the Agreement and / or Terms of Service; or - in case you go bankrupt or are granted a suspension of payments, as well as in case your business is closed or liquidated.
5. Upon termination of the Agreement, if you are a healthcare provider, Digimevo will keep all Content available to you for a period of 30 days after termination of the Agreement. You may use the Service during this month to the extent necessary for the export of your Content. You cannot add any Content. After this period, Digimevo will make your Account inaccessible to you. Digimevo will not be obligated to provide you with any Content or other information or to convert or export such information. This clause does not apply when your access to the Service is terminated as a result of a breach of your obligations under these Terms of Service.
6. After the termination of a healthcare provider, for any reason, patients will not be able to access any educational program assigned by that healthcare provider. Digimevo will continue to have the right to use the Content that you provided during the Agreement, as set out in Article 8, to the extent that you have shared the Content with other Digimevo customers.
9 - Responsibility
1. To the maximum extent permitted by law, Digimevo's liability under any warranties, conditions, or guarantees (including, without limitation, any warranties, conditions, or guarantees of merchantability, acceptable quality, fitness for purpose, or fitness for the disclosed result ), or any other right or remedy, under any legislation or implied in these Terms of Service by any legislation (Legal Guarantees) is hereby excluded. Where Digimevo is liable under any Legal Warranties, and any legislation prevents or prohibits provisions of a contract that exclude or modify application, education, or liability under such Legal Warranties, Digimevo's liability for any breach of such Legal guarantees will be limited. , at Digimevo's option, to one or more of the following: - if the breach concerns goods: the replacement of the goods or the supply of equivalent goods; the repair of said assets; the cost of replacing the goods or acquiring equivalent goods; o the cost of repairing the goods; and - if the breach is related to services: the provision of the services again or the cost of the services being rendered again. You acknowledge and agree that Digimevo's reliance on this limitation of liability is fair and reasonable in all circumstances.
2. To the maximum extent permitted by law, Digimevo shall not be liable for any losses (including direct and indirect losses and damages), whatever the cause (including through our negligence), suffered or incurred by you arising out of or in connection with: - your access to or use of the Service, any Content (including Digimevo materials, user-posted content, and educational programs) or any linked site; - any decision or action taken by you based on any Content (including Digimevo materials and user-posted content); - any error or defect in the Service; or - any contravention by any other user of the applicable laws.
3. Digimevo will not be liable for any damages suffered by the use of the service to the healthcare provider or the patient.
10 - Information about the Service
1. We do not warrant or represent the accuracy, completeness, or fitness for your intended use of any information (including, without limitation, any Content) on the Service. You are responsible for the use of such information and should make your own inquiries to verify that the information is accurate, complete, and suitable for its intended use.
2. All educational materials available on the Service are only demonstrations. You acknowledge that healthcare providers are responsible for ensuring that educational and educational programs created for a patient are appropriate for that patient.
3. Digimevo does not endorse or recommend any information on the Platform or available through the Service. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
4. The Service may from time to time contain links to Internet sites maintained by third parties. Such links will be provided for your convenience and are not under the control of Digimevo. Digimevo is not responsible for the content (including the accuracy, completeness, or suitability for its intended use) of any linked site or any link included in a linked site. Digimevo does not endorse any information on the linked sites or on any associated organization, product or service.
5. At the request of the healthcare provider and with the consent of the patient, we will transfer a patient's records to the patient's new healthcare provider using the Service. Once a transfer occurs, the transferring healthcare provider will not be able to access the patient's records. It is the responsibility of the transferring healthcare provider to ensure that they maintain their patient related records in accordance with the law.
11 - Guarantees and indemnities
1. Digimevo does not guarantee: - that the Service will be available to you at all times and without interruptions, failures or disturbances; - that the Service will be effective or the use of the Service will lead to certain results; or - that the information provided through the Service is accurate, current and complete.
2. Digimevo is not responsible (and expressly waives all liability to you): - the purchase and / or the correct functioning of its infrastructure; - loss, damage, inaccuracy and / or lack of integrity of any Content; - transmission errors, malfunctions or unavailability of any computer, data or telecommunications facilities, including the Internet; - any unauthorized use or attempted use of the Service; - make backup copies of any content; or - the management, including checking the configuration, the use of the Service and the way in which the results of the Service are used.
3. Digimevo may provide application programming interfaces to allow integration of the Service with other services and platforms. Digimevo is not responsible (and expressly waives all liability to you) for other services and platforms with which the Service integrates or that are integrated with the Service.
4. You guarantee that you will not use the Service and / or the Platform in a way that: - infringes the rights of Digimevo or third parties, including, but not limited to, Intellectual Property Rights or rights in relation to the protection of privacy; - is contrary to any current legislation or regulations; or - is contrary to any provision of these Terms of Service.
5. You agree to indemnify Digimevo for all costs, claims, damages and expenses that Digimevo incurs as a result of - any claim by a third party based on any infringement or alleged infringement of such party's intellectual property rights; - any claim by a third party based on the violation of privacy or the misuse or disclosure of personal data or the breach of any law related to the data or records, including, but not limited to, their obligations regarding the privacy of their patients as established in the article
6 above; and - any claim by a third party in respect of any personal injury or damage to physical property suffered by them, insofar as it arises from any wrongful or negligent act or omission on their part in the course of their use of the Platform or receive the Service or make use of the Service to provide services to others.
12 - Various
1. Digimevo may assign or subcontract rights and obligations arising from these Terms of Service or the Agreement to third parties and will notify you of this. You are not permitted to assign or pretend to assign to third parties any rights derived from the Account without Digimevo's prior written consent, which Digimevo may grant or reject in its sole discretion.
2. If Digimevo waives, in whole or in part, any rights available to us under these Terms of Service on any occasion, this does not mean that those rights will be automatically waived on any other occasion.
3. If any provision of these Terms of Service is held invalid, unenforceable, or illegal for any reason, it should be read to give it the greatest possible effect, or if it is unable to have any effect at all. , you must separate from this Agreement, in which case, the rest of these Terms of Service will nevertheless continue in full force.
4. These Terms of Service and the use of the Service are governed by the laws of England and Wales.
5. To the extent that national or international legal norms do not prescribe otherwise as mandatory, any dispute that arises or is related to the agreements concluded in accordance with these Terms of Service, or that arise from them, will be submitted only to the courts of England and Wales, which will have exclusive jurisdiction over any matter raised under these Terms of Service.
Last updated in November 2020.