Terms of Use

1. Scope of Application / General Provisions
1.1. Vigobot SIA, with its registered office Zirnu iela 21-10, Cesis, LV-4101, Latvia, hello@vigo.health (hereinafter “Vigobot” or “we”) provides online services (hereinafter “services”) for stroke recovery to help stroke patients recover faster and more effectively.
1.2. These Terms of Use (hereinafter “Terms”) apply to the access to and use of Vigobot’s services provided via the mobile application VIGO (hereinafter “App”).
1.3. By downloading, installing our using the App the user accepts these Terms. The user can download and print the Terms on www.vigo.health/terms-of-use.

2. Our Services
2.1. The App provides a personalised treatment guide on demand and offers different physical videos and exercises in different levels of difficulty for the customers in order to relearn physical movements of everyday-life on a continuous basis.
2.2. IMPORTANT NOTICE: Vigobot expressly states that the services are not a substitute for medical advise, diagnosis or treatment. The services are only intended to support recovery and do not constitute the practice of any professional health care advice. Vigobot does not guarantee that the services will help to achieve specific results. The performing of any exercise proposed or shown in the App is entirely at the user’s own risk.

3. Registration, User Account
3.1. Registering as a user is only permitted for natural persons with full legal capacity. Minors, in particular, are not allowed to register.
3.2. The user is assigned a username and chooses a unique password. The password must be kept secret and access to the user account carefully secured. The user will restrict access to his mobile devices and carefully secure the login data to prevent unauthorised use of the user account by third parties.
3.3. To the extent permitted by law, the user is responsible for all activities carried out via his user account or by means of his password.

4. General Obligations of the User
4.1. The user may only use the services in compliance with these Terms and all applicable law and regulations.
4.2. The user must refrain from any activity which is likely to affect and/or overload the operation of the App or the underlying technical infrastructure. In particular this includes:
– the use of software, scripts or databases in connection with the use of the App and services;
– automated read-out, blocking, overwriting, modifying and copying of data and/or other content, unless this is necessary for the proper use of the App;
– distribution and/or communication to the public of any content provided via the App without the consent of Vigobot.
4.3. Vigobot is not responsible if the App is not compatible with user’s mobile device, or other piece of hardware or software. Vigobot is not responsible if the user cannot download or access the App or content for any compatibility or interoperability issues, or for any communication system failure which may result in the App being unavailable.

5. Intellectual Property Rights, Rights of Use
5.1. The App contains data, texts, videos, music, graphics, images and other information (hereinafter “content”) that are protected by intellectual property law in favour of Vigobot or third parties. The user is not allowed to copy, distribute and/or publish content that is provided through the App, unless Vigobot expressly points out such permission.
5.2. The App’s underlying software is protected by copyright law. The use of the software is therefore limited to the intended use of the App. More extensive use or usage rights under copyright are not granted. In particular, the user is not entitled to copy or amend the software outside the scope required to run the program or grant access to a third party to the software outside the agreed contractual purpose. The user may not distribute or make the App available over a network where it could be used by multiple devices at the same time. The user may not rent, lease, lend, sell or redistribute the App or the App’s underlying software.
5.3. The user may not copy (except as expressly permitted or required for the intended use), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Vigobot software.
5.4. Except for the rights granted hereunder, all Intellectual Property Rights shall remain with Vigobot as the exclusive owner of the App including all content provided via the App.

6. Liability
6.1. Unlimited liability: Vigobot shall be fully liable for intent and gross negligence and in accordance with the provisions of the Product Liability Act. Vigobot shall be fully liable for slight negligence in the case of injury to life, body or health.
6.2. Limitation of liability: Otherwise, Vigobot shall be liable for slight negligence only in the event of a breach of a material contractual obligation, the fulfilment of which is what makes the due implementation of the contract possible, and in compliance with which the Customer was justified in trusting (cardinal duty). With regard to the amount, liability is limited to the sum of the damage which was foreseeable upon the conclusion of the contract and which is typical for this type of contract. This limitation of liability shall also apply to the benefit of Vigobot’s vicarious agents.

7. Right of Indemnity
7.1. The user shall keep Vigobot and its employees or agents indemnified from and against all third party liabilities in the event of any claims asserted by third parties for alleged or actual rights infringement and/or violation of third party rights in connection with the use of the App and provided services.
7.2. The user undertakes to reimburse any and all costs incurred by Vigobot due to third party claims. Refundable costs shall include the costs of appropriate legal prosecution and defense incurred by Vigobot to defend against any third party claims. Vigobot will in this case notify the affected user immediately of the legal defense actions to be taken.

8. Duration, Cancellation
8.1. The agreement is effective for an unlimited period. The user may terminate the agreement at any time by uninstalling the App and/or discontinuing the use of the services.
8.2. Vigobot may terminate the agreement at any time and for any reason without prior notice to the user, and accordingly, Vigobot may deny access to the App and change or suspend the services provided.
8.3. Regulations in these terms that by their nature and context are intended to survive any termination of these Terms will survive such termination and will be fully enforceable thereafter.

9. Privacy, Use of Data
9.1. Information on the processing of personal data can be found in Vigobot’s Privacy Policy at www.vigo.health/privacy-policy/

10. Online Dispute Resolution
10.1. The European Commission has set up an Internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from contracts concluded online. You can access the platform via the following link: http://ec.europa.eu/consumers/odr/.
10.2. We are not obliged to take part in any dispute resolution proceedings before a consumer arbitration board and we do not participate in consumer arbitration proceedings under the Consumer Dispute Resolution Act.

11. Final Provisions
11.1. Amendments or supplements to these Terms must be made in writing or in text form. This also applies to the cancellation of the written or text form requirement.
11.2. The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which the user has his habitual residence shall remain unaffected. Berlin shall be agreed as the place of jurisdiction and place of performance for all disputes arising from this contract.