Terms of Use
Welcome to VideoTherapy online web site at wizecare.com (the "Website") and any other sub domains and apps relating to the service (as fully described below). The Service is owned and operated by VideoTherapy Ltd. (the “Company”, "we", "our", or "us").
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND VIDEOTHERAPY. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
Under these Terms, the term "Content" includes information of any kind, including any verbal, visual, audio, audio-visual, or any combination thereof, as well as the designing, processing, editing, distributing and presentation, including (but not limited to) of: any melody, tune, picture, photograph, illustration, animation , drawing, image, imaging, sample , video, music, sound and music files; Any software, file, computer code, application, protocol, interface, and any note, sign, symbol or logo (icon).
Under these Terms, the term "Material" or "User content" shall mean any Content uploaded by a Therapist or a Patient. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine.
The Service
VideoTherapy's platform allows any physical therapist ("Therapist") to build adaptive, supervised, and personalized video care plans and monitor patient ("Patient") progression from a distance while Patients use it as an advanced training web & mobile app that is available anytime, anywhere (the "Service"). Therapist or Patient shall be deemed as "User".
From time to time, we may offer additional features or means of accessing and using the Service. Such additional means and features may be governed by different terms of service.
THE SERVICE IS INTENDED FOR PERSONAL USE ONLY. IT IS NOT INTENDED FOR ANY OTHER PURPOSES.
Patients wishing to use the Service must complete a registration process and create a user account (the "Account"), by either providing the requested information or accessing and using it through certain Patient's third party accounts, such as Facebook, Google or Email address (each such account, a "Third Party Account"). In order to access and use the Service, Patient must link the Platform to his Third Party Account, by either: (i) providing Patient's Third Party Account login information to the Company through the Platform; or (ii) allowing the Company to access Patient's Third Party Account, as is permitted under the applicable terms and conditions that govern Patient's use of each such Third Party Account. Patient represents that he is entitled to disclose his Third Party Account login information to the Company and/or grant the Company access to his Third Party Account (including for use for the purposes described in these Terms), without breach by the Patient of any of the terms and conditions that govern his use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such Third Party Account operator, developer or any other third party service provider. By registering through a Third Party Account the Patient represent and warrant that such account is his and he has all right to provide us with the information in such account. By granting us access to Patient's Third Party Account, Patient acknowledge that the Company may, as applicable, access, make available and store any public information available in Patient's Third Party Account, including but not limited to friends and contacts lists, profile picture, date of birth, information shared, uploaded, posted or otherwise made available by the Patient's in any means on such Third Party Accounts or any other public information. In addition, Patient may be required to provide the Company with additional information in order to access and use the Services through his Third Party Account, as shall be required by the Company from time to time.
User Representations
The Account allows the use the Service, subject to these Terms. By creating an Account, User expressly represents and warrants that:
(a) any information, whether is medical or not submitted by User is truthful and accurate; (b) such information is subject to the Company's privacy policy [link] ; (c) User is at least the age of maturity in his jurisdiction, and if not, User received his legal guardian consent to use this Service under these Terms. (d) we are allowed to send User messages and other content which includes information related to the Service via email, text message or any other means; (e) when using the Service, User agrees to abide by any Terms we may convey to him from time to time and by all applicable local and international laws, regulations and rules. (f) User agrees that he is solely responsible for all acts and omissions associated with his access and use of the Service by anyone on his behalf as well as for all consequences resulting from such acts or omissions, including, without limitation, User's choice to share his Material with anyone else via email, Facebook or otherwise. User further agrees to carry exclusively the responsibility regarding the use of any medical information, personal identifiable information and rehabilitation content he provide.
Secured Areas. If User uses any part of the Website or Service requiring secure access, User is responsible for maintaining the confidentiality of his account and password and for restricting access to his account, and User agrees to accept responsibility for all activities that occur under his account or password.
Responsibility for Use. Patient hereby acknowledges, understands and agrees that (a) Patient carries exclusively the responsibility regarding his personal and medical information which he uploads to the Service and is presented to potential Therapists; (b) care plans and medical instructions provided to the Patient on the Service are under his exclusive responsibility and liability.
Restrictions
USER MUST NOT USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE OR IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE OR ANY PART THEREOF.
User may not –
In order to purchase products and services from the Company, a valid credit card number, expiration date and card security code is required. If we are unable to charge the full cost of User's purchase to the credit card that the User have provided, we may cancel User's order or request an alternate form of payment. Our designated credit card processor shall collect User's credit card information and related personal information for its use in processing User's payment for the products or services ordered by the User. Any complaints or grievances regarding the processing of User's payment should be addressed to at the contact information given below. User acknowledges, understands and agrees that the prices for products and services may be changed from time to time, provided that the Service shall reflect current prices.
Prices and availability of products and services are subject to change without notice. Errors shall be corrected where discovered. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted, whether or not the order has been confirmed and User's credit card charged.
User is solely responsible for, and shall bear, all charges and applicable fees (including delivery charges, taxes and any fees assessed by User's bank) associated with User's order.
The Service may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. User may find them or the information and content posted therein not compatible with his requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third party websites or content, or their availability or for any transactions made between User and such third party websites.
We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with User's use of or reliance on any such content, goods or services available on or through any third party websites or content.
We respect the User's privacy. The User is requested to read our privacy policy, as it forms an integral part of these Terms. Given that the privacy policy may change from time to time, we recommend that the User reads it periodically. The Service's privacy policy is available at: ___________ [Add URL]
Intellectual Property
Except than User content, all rights, title and interest in and to the Service, the Content including any articles, images, tune, melody, audio, video, graphic design, data and its processing, source code, markup code, and any other detail concerning the Service's operation, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless as expressly provided, these Terms do not grant the User any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service.
Unless as expressly permitted in the Terms, User may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or any part thereof, either by the User or by a third party on his behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without our prior, express written authorization.
Trademarks in the Service (whether registered or not), the name of the Company and its trademarks as well as the Service's domain name – are the sole property of the Company. User may not use them without the Company's prior express written consent.
Without derogating from the foregoing, User may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of our trademarks, service marks and logos. User must avoid any action or omission that may dilute, or tarnish our goodwill.
Changes and Availability
We may from time to time change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience of some kind. We do not assume any responsibility for these changes or from glitches or any kind of failure resulting from their introduction.
Termination of Service’s operation
We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof. We are not obligated to give any notice prior to such discontinuation.
At any time, the Company may block, remove or delete any content from the Service, including, but not limited to, vocal recordings provided by the User, without maintaining any backup copy.
Changes of Terms
From time to time, we may change the Terms, upon reasonable prior notice that we will conspicuously post on our website. We may change the Terms with no prior notice, if the change is necessary to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting or as required. We advise that the User periodically reviews our website and the Terms, as they may change from time to time.
THIS SERVICE DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
The Company makes no representation or warranty as to the content of any treatment response from any participating Therapist. Participating Therapists are not employees of the Company; they are independent contractors. Patient and Therapist are solely responsible for all information and/or communication between Patient and Therapist and any consultation or therapy provided by Therapist through this Service. Without prejudice to the foregoing, the Company does not guarantee in any manner that a medical consultation or therapy treatment is the appropriate course of treatment for Patient's particular health care problem. Patient agrees to contact his Therapist immediately should his condition change or his symptoms worsen. If Patient requires urgent care, he should contact his local emergency services immediately.
USER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE.
THE USE OF THE SERVICE IS AT USER'S SOLE AND EXCLUSIVE RISK. THE COMPANY IS NOT PARTY TO ANY CONTRACT BETWEEN THE USERS. ANY MEDICAL ADVICE GIVEN BY A THERAPIST THROUGH THE SERVICE IS AT THE RESPONIBILIY OF THE THERPIST AND THE PATIENT ALONE. THE COMPANY SHALL HAVE NO RESPONIBILITY TOWERDS ANY RELATIONS NEITHER BETWEEN THERAPIST AND PATIENT NOR TO ANY DIRECT OR INDIRECT DAMAGES OCCOURD IN CONNECTION OF SUCH RELATIONSHIP. THE COMPANY IS NOT RESPONSIBLE, UNLESS OTHERWISE NOTED, TO THE QUALITY OF SERVICE. THE COMPANY IS NOT OBLIGED TO INTERVENE IN THE RELATIONSHIP BETWEEN USERS INCLUDING THE FINANCIAL AFFAIRS THAT MAY ARISE BETWEEN THEM.
THE COMPANY IS NOT EXAMINING ALL LEGAL AND REGULATORY ASPECTS (SUCH AS THE NEED FOR A LICENSE, REPORTING TO THE AUTHORITIES, ETC.) OF ANY HEALTH CARE PROVIDER OR THERAPIST AND DO NOT RECOMMEND OF ANY HEALTH CARE PROVIDER OR THERAPIST IN PARTICULAR UNLESS OTHERWISE NOTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.
We will make efforts to have the Service running efficiently and accessible at all times. Our service works best in a quiet environment with one speaker speaking fluently. Accuracy drops when those terms are not met.
The Service's operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free. We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that it is safe, secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures, originating either in us or any other provider. Such incidents will not be considered a breach of these Terms.
In no event shall the company be liable for any direct damages in excess of: (i) one (1) month’s subscription rate of user's subscription plan; or (ii) in the event no subscription price was paid or required, the liquidated sum of $100 in addition, to the maximum extent permitted by law, in no event shall the company be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of the services or loss of information, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered or provided through this website or by other means or any information or products contained in, accessed through, or products purchased or services subscribed to on this website or otherwise, even if an authorized representative of the company is advised of the likelihood or possibility of the same. to the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions. The user acknowledges and agrees that the company’s aggregate liability to him for any damages, losses, fees, charges, expenses or liabilities, and in circumstances where the foregoing limitation is finally determined to be unavailable shall not exceed the subscription price paid by the user for the one (1) month period prior to the time of the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities.
Indemnification
The User will indemnify, defend and hold harmless us, our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on our behalf in respect of any claim, demand, damage, loss, loss of profit, payment or expense they incur in connection with the User's breach of these Terms or an unlawful or tortuous action or inaction by the User with respect to the Service. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
Governing Law and Jurisdiction
These Terms, the Service, and any claim, cause of action or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of the User's country of origin or where the User access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms.
The User agrees to the exclusive jurisdiction of the above mentioned courts, agrees to accept service of process by any means permitted by the applicable law and hereby waives any jurisdictional, conflict of law or venue defenses otherwise available to the User.
General
These Terms, along with our privacy policy, constitute the entire agreement between the User and the Company with respect to the subject matter herein and supersede any and all prior agreements, negotiations and understandings, whether written or oral.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto will be effective unless effected in writing and expressly.
No Assignment
The User may not assign or transfer his rights and/or obligations under the Terms. Any attempted or actual assignment or transfer by the User will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that the User's rights under the Terms are not compromised by such assignment or transfer.
Interpretation
The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Software Licenses
This software includes libraries subordinated to the MIT license:
Contact Us
You may contact us with any question about the Service, through the channels listed at: info@wizecare.com. We will make efforts to address your inquiry promptly.
by Shai David | Jul 3, 2019 | For Clinicians
Direct text messaging between you and your patients is a great way to update each other on any issue coming up in remote mode.
Using WizeCare’s secure messenger will make your clinic a single place for all your communications with your patients. Keeping your work organized, secured, documented and effective.
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