Last Revised: September 4, 2018
PART A – INTRODUCTION
The Services are operated in the United Stated and all foreign jurisdictions other than Canada by Aterica Digital Health Corp. and operated in Canada by Aterica Digital Health Inc., and/or their respective affiliates, which applicable company and their respective affiliates are referred to herein as the “Company”. Contact details for the Company can be found on the https://www.aterica.com/ website.
The Services should be used for informational purposes only. Actual medical treatment and results will vary and may be affected by additional factors not considered by the Services. Only a medical professional can determine the treatment appropriate for your specific condition. Talk to your physician about what healthcare treatment is right for you and all product, treatment and procedure risks. Company is not a medical professional and does not practice medicine. As described in more detail below, the Services are provided “as-is” without any warranty of any kind, express or implied, and Company specifically disclaims all liability and responsibility for the results or consequences of any actions taken in reliance on information derived from the Services. If you experience an anaphylactic reaction, administer your auto-injector(s) and contact emergency services.
Important: By using the Services, you acknowledge, understand and agree that in providing the Service we may rely on a number of contracted providers, including for purposes of sending push notifications, and hereby disclaim any liability with respect to the services provided by such providers.
PART C – TERMS APPLICABLE TO USE OF SERVICES
In order to participate in the Services, you may be required to register through the Services as a user when you use our eCommerce platform, use or install our Veta App, use our Support ticket system or any of the additional services by following the online prompts. You will be asked to provide certain information about yourself including your name and contact details. You must ensure that the information provided upon registration is correct, complete and not misleading. You agree to be responsible for: (a) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (b) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password confidential and secure. If your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information provided below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You should also inform us promptly of any changes to the information provided in order to ensure effective communication with the Company.
- Not Professional or Medical Advice
Content of the Services such as text, graphics, images, notifications, information obtained from the Company’s licensors and any other third parties, and any other material accessible through the Services (“Service Content“) are for informational purposes only. You acknowledge that Veta Smart Case and Veta App and the Service Content are not a medical device and are not intended to be a substitute for professional medical advice, diagnosis or treatment and are not intended, nor should be relied upon, to notify a caregiver, clinician, or emergency services for the immediate delivery of care. You acknowledge that if you have an allergic reaction that you will follow the treatment of care recommended by leading allergists to inject your auto-injector and seek immediate medical assistance. You acknowledge and will not rely on the Service’s notifications to inform any other individual to administer your auto-injector for you. You understand that notifications are a convenience to let others in your private support network know that you have removed your auto-injector and provide you with non-medical assistance. Always seek the advice of your physician or other qualified professional advisor with any questions you may have regarding any Service Content. Never disregard professional advice or delay in seeking it because of any Service Content you have read or seen.
The Service Content is not intended to represent all available information regarding any topic and does not present information from all potential sources of information. The Company does not recommend or endorse any specific information, hospitals, service providers, products, procedures, opinions, or other information that may be appear in the Service Content. Reliance on any Service Content and any other information, however presented, obtained through the Services is solely at your own risk.
- Use of Content
You understand that when using the Service Content, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
- Public Content & User Submissions
The Services contain functionality (which may include surveys, support tickets, blogs, discussion forums, message boards, user reviews, etc.) that allows users to submit content that will, or would reasonably be expected to, be accessible to other users of the Services and/or other third parties (collectively, “Public Content”). You agree that you will not submit or transmit any Public Content that infringes or violates any rights of any party. By submitting Public Content, you agree that such submission is non-confidential for all purposes.
If you make any submission of Public Content or if you submit any business information, idea, concept or invention to the Company, by e-mail or otherwise, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted the Company a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative woks from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any forum now known or hereafter developed. Further, you waive or warrant that the owner of such content or intellectual property has waived, any moral rights in such communication or content.
If you access any portion of the Services containing Public Content and/or submit any Public Content, you are solely responsible for your own communications, the consequences of those communications, and your reliance on any Public Content you read or otherwise access. The Company is not responsible for any Public Content, or the consequences of any Public Content. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
- submitting or using Public Content for any purpose in violation of local, state, provincial/territorial, national, federal, or international laws;
- submitting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- submitting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by the Company in its sole discretion;
- submitting advertisements or solicitations of business;
- after receiving a warning, continuing to disrupt the normal flow of dialogue, or submitting comments that are not related to the topic being discussed;
- submitting chain letters or pyramid schemes;
- impersonating another person or entity, including impersonating a representative of the Company;
- distributing viruses or other harmful computer code;
- allowing another person or entity to use your identification for posting or viewing comments;
- posting the same note more than once or “spamming”; or
- providing Public Content, or any other content that contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- engaging in any other conduct that restricts or inhibits any other person from using or enjoying Public Content or the Services, or which, in the judgment of the Company, exposes the Company or any of its users to any liability or detriment of any type.
The Company reserves the right (but is not obliged) to do any or all of the following:
- record any Public Content;
- investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
- monitor, edit, or disclose any Public Content; and
- Advertisements, Searches & Links
The company may provide links to third-party web sites in connection with the Services and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. The Company does not recommend and does not endorse the content on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
PART D – GENERAL TERMS
- Intellectual Property
The content of the Services, including without limitation any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, geomarkers, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Services and the Service Content is the “Content”. The Content includes materials contributed to the Services by or on behalf of the Company and its affiliates, licensors, or clients, customers, other users and other contracted providers the Company does business with (collectively, the “Business Associates”), and materials contributed to the Services by Users, including Public Content (“User-generated Content”).
The Services and all Content, materials, data and other information created by the Company and its affiliates, licensors, or Business Associates, are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws in the U.S., Canada, and other foreign jurisdictions. The Company owns and retains all rights, title, license and interest therein and thereto. Unless expressly authorized by the Company or otherwise permitted in accordance with applicable law, you hereby agree not to disclose (publicly or otherwise), sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Services or Content. Any access or use of the Services or Content for commercial purposes other than those expressly permitted by the Company is prohibited.
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Services by providing a written notice with the following information:
- Identification of the copyrighted work or trade-mark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Company to locate it;
- A statement by you (under penalty of perjury) that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you (under penalty of perjury) that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following mailing address: 500 Fairway Road South, Suite 23-201, Kitchener, Ontario, N2C 1X3, or by email at email@example.com.
You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees. And, under 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
- Payment Terms
Any ongoing periodic subscription fee paid by you for use of the Services (the “Subscription Fee”) may be changed by the Company at its discretion.
Unless otherwise stated, all currency amounts are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes with a valid payment method by the applicable payment due date. If your payment method fails or your account is past due, the Company may collect the fees owed using other collection mechanisms including, but not limited to, charging other payment methods for you that we have on file, utilizing collection agencies and retaining legal counsel. You agree to reimburse the Company for any reasonable costs and expenses incurred in the course of collecting accounts past due. Any amount not paid when due shall be subject to late fees at a rate of two per-cent (2%) per month (or the maximum amount allowable by applicable law, whichever is less). Additionally, overdue accounts may be subject to suspension or restrictions from some or all aspects of the Services until payment is made in full.
In order to pay for the Services and/or to authorise us to deduct any Subscription Fees, you are required to register a valid form of payment. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the contracted provider collecting that information on our behalf the right to provide such information to contracted providers for purposes of facilitating the completion of transactions initiated by you or on your behalf. The Company reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. You hereby accept responsibility for checking the details of your registration and payment methods carefully and for identifying any errors before submitting your registration. If your payment information changes, you must notify us before your payment due date. The Company is not obligated to provide you with the Services in the event that your payment information is incorrect.
- Passwords and Security
In connection with your use of the Services, you will have a username and password (together, “ID”). You hereby agree to keep your ID confidential and to refrain from disclosing or sharing it with anyone. You acknowledge and agree that you are solely responsible for preventing the unauthorised use of your ID. You are solely responsible for any actions that are taken using your ID.
- Contacting Users
- Privacy and Automatic Information
- Anonymized User Data
In using the Services, you hereby grant the Company full rights to anonymize your Service Data and information so that it does not identify you as a user, identify specific transactions carried out by you, or contain any other personally identifiable user information (“Anonymous Data”). You agree that the Company: (i) has full ownership over Anonymous Data; (ii) has full license to create derivative works and extract information from Anonymous Data; (iii) has full license to combine Anonymous Data (hereafter “Aggregate Data”); (iv) has the right to use the Aggregate Data on an Aggregate Basis (as defined below) in the furtherance of the Company’s business; and (v) may disclose, sell and publish Aggregate Data on an Aggregate Basis to any party through any means. “Aggregate Basis” refers to the combination of parts of information collected or processed from the user, not containing the user’s name, or other personal information, with other information from any or all other users of the Services. The Company asserts that user information used on an Aggregate Basis will not be used in a manner that discloses any individually identifiable information about the user or any specific transactions in which the user has engaged.
- Unauthorized Use
- International Data Use
Although the Company aims to offer you the best service possible, the Company makes no promise that the Services will meet your requirements. The Services are offered on an as-is and as available basis. The Company cannot guarantee that the Services will be fault- or virus-free or continuously available. Company makes no representations about the reliability of the features of the Services, the Content, or any other feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on the Services will be at your own risk. Further, the Company cannot guarantee the timeliness of the Services. Your access to the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company may modify or discontinue the Services, or any part thereof, at any time. Company makes no representations regarding the amount of time that any Content will be preserved.
When using the Services, information will be transmitted over a medium that is beyond the control of the Company, its licensors or suppliers. Accordingly, neither the Company, its licensors nor suppliers assume liability for nor relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to same.
Any products and/or Services described on a website or any component of a website are offered in jurisdictions where they may be legally offered.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, OUR REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR BUSINESS ASSOCIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES (“DAMAGES”). “DAMAGES” INCLUDE, BUT ARE NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE SERVICES.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, OUR REPRESENTATIVES, AFFILIATES, SUPPLIERS OR BUSINESS ASSOCIATES BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED ON, OR PROVIDED BY THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY, OUR REPRESENTATIVES, AFFILIATES, SUPPLIERS OR BUSINESS ASSOCIATES BE LIABLE FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USERS OF THE SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICES, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (V) THE USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
WITHOUT LIMITING THE FOREGOING IN THIS SECTION ENTITLED “LIABILITY” THE LIMIT ON THE COMPANY’S (INCLUDING OUR REPRESENTATIVES, AFFILIATES, SUPPLIERS OR BUSINESS ASSOCIATES) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF TEN (10) CANADIAN DOLLARS.
YOU AGREE AND ACKNOWLEDGE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH A CLAIM OR CAUSE OF ACTION ARISES OR BE PERMANENTLY BARRED.
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY THE APPLICABLE LAW, AND THE FOREGOING PARAGRAPHS OF THIS SECTION 10 SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
- Term and Termination of Services
The Company reserves the right to change or modify the functionality, features, appearance, or name of any aspect of the Services.
Notices of alleged breaches should be directed to:
Aterica Digital Health Corp.
251 Little Falls Drive
Wilmington, Delaware 19808
Aterica Digital Health Inc.
500 Fairway Road South, Suite 23-201
Kitchener, Ontario, N2C 1X3
Attention: Aterica Legal
- Applicable Law
For Canadian users outside of the province of Quebec, use of the Services shall in all respects be governed by the laws of the province of Ontario, Canada, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Ontario courts located in Toronto, Ontario, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. For users resident in the province of Quebec the Services will be governed by Quebec law and be subject to the jurisdiction of Quebec courts.
- International Users
The Services are controlled, operated and administered by the Company (or its licensees) from its offices within Canada and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of Canada and the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also agree that you will not use the Services for any purposes prohibited by Canadian or United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are also subject to Canadian and U.S. export controls and are responsible for any violations of such controls, including without limitation any Canadian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, the Company may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Apple Store Terms
For users of the Apple Store and/or our mobile application for the iPhone or iPad:
You and acknowledge and agree that this agreement (as embodied in these) is concluded between you and Company only, and not with Apple, Inc. (“Apple”). Company and not Apple, is solely responsible for the content of Services. The license granted to you for the Services is limited to a non-transferable license to use these Services on any Apple-branded products that you own or control and as permitted by the Usage rules set forth in the Apple App Store Terms of Service, except that the application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Company shall be solely responsible for providing any maintenance and support services with respect to the Services, as specified herein. You and Company acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Company shall be solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed herein, and in the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application or the Services.
You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the Services or your possession and use of Services infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You must comply with applicable third party terms of agreement when using the Services.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
- Application Updates
Company may make available for download certain application updates or upgrades to mobile application versions of the Services to update, enhance or further develop the Services (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update our App on any device that you own or control. These do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Company.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Services, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Company and its licensors of the Services and Application Updates. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Services and Application Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
Company may, at its discretion, and subject to applicable law, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Services and Application Updates are subject to applicable export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Services and Application Updates. These laws include restrictions on destinations, end users and end use.
- Mobile Service, Internet and Service Fees
Use of certain of the Services may require use of an electronic device and may require use of a wireless mobile data service, which must be obtained from your wireless carrier, and may also require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Services, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application Updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access these Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through such Services.
The Services may not work with all devices or all mobile carriers. Company makes no representations that the Services will be compatible with or provided by all mobile carriers. In the event that fees are charged for mobile data services in connection with the Services, you agree to pay such fee to the respective party in exchange for your continued use of such mobile products or mobile data services. Some Services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such Services.
Always obey traffic laws. Do not use Veta while you are driving. If you receive a notification while driving, please pull over before using Veta or any service on your mobile phone.