1.1. Vigo Health SIA, with its registered office: Kronvalda blvd. 4, Riga, Latvia, LV-1010, e-mail: info[at]vigo.health (hereinafter “Vigo Health” or “We”) provides online mobile application services available on Apple iPad tabled computer (hereinafter “Services”) for stroke recovery to help stroke patients recover faster and more effectively.
1.3. By downloading, installing and using the App the User accepts these Terms. The User can download and print these Terms at: www.vigo.health/terms-of-use.
1.4. Our application may identify your location by IP address of your device, your log-in data (Username, password) and other User information. Wi-fi or mobile connection is mandatory to access the application.
- Our Services
2.1. Vigo Health provides post-stroke therapy support services via mobile application means. App is intended to reduce effects caused by any type of cerebral stroke. App can be downloaded at GooglePlay Store or iOS App Store, but the User profile will be registered and sent out to the User within three working days of the User agreement confirmation and making an advance payment in full.
2.2. Submittance of User application does not guarantee provision of Our Services. User application is reviewed within three working days upon receipt and written approval or decline letter is provided via e-mail or any other means of communication indicated when submitting the User application.
2.3. The App provides a personalised post-stroke treatment guide on demand and offers a wide range of content, including CBT therapy, relaxation and educational audio, textual materials, physical therapy videos and exercises in different levels of difficulty for the customers to relearn physical movements of everyday-life and ensure emotional wellbeing on a continuous basis.
2.5. Our App is compatible exclusively with Apple iPad devices supporting one of the latest iPadOS versions.
- 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 download and register User account without parental consent.
3.3. The User is assigned a Username by Vigo Health team and must create a unique password. The password must be kept secret, carefully securing access to the User account. The User shall restrict access to his mobile devices and carefully secure the login data to prevent unauthorised use of the User account by third parties.
3.4. 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.
3.5. User account can be removed on demand by writing an email letter including Username and/or User agreement number, and reason for account removal to hello[at]vigo.health.
- General Obligations of the User
4.1. The User may only use the services in compliance with these Terms and all applicable laws 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 Vigo Health.
4.3. Vigo Health is not responsible if the App is not compatible with any mobile device, or other piece of hardware or software utilized by the User. Vigo Health 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.
4.4. User is completely responsible for ensuring his/her wellbeing and safety before launching the App and exercising. Users older than 50 years must check their blood pressure before use. We do not recommend active ecercise with our App if your blood pressure is above 120/80mmHg.
- 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 Vigo Health or third parties. The User is not alloWed to copy, distribute and/or publish content that is provided through the App, unless Vigo Health 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 Vigo Health software.
5.4. Except for the rights granted hereunder, all Intellectual Property Rights shall remain with Vigo Health as the exclusive owner of the App including all content provided via the App.
6.1. Unlimited liability: Vigo Health shall be fully liable for intent and gross negligence and in accordance with the provisions of the Product Liability Act. Vigo Health shall be fully liable for slight negligence in the case of injury to life, body or health.
6.2. Limitation of liability: Otherwise, Vigo Health 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 Vigo Health’s vicarious agents.
- Right of Indemnity
7.1. The User shall keep Vigo Health 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 Vigo Health due to third party claims. Refundable costs shall include the costs of appropriate legal prosecution and defense incurred by Vigo Health to defend against any third party claims. Vigo Health will in this case notify the affected User immediately of the legal defense actions to be taken.
- Duration, Cancellation
8.1. The agreement is effective immediately after downloading the App and agreeing to these Terms 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 by writing to hello[at]vigo.health. The User may refrain from agreement and receive a refund in full within 14 days after receipt of the services.
8.2. Vigo Health may terminate the agreement at any time and for any reason without prior notice to the User, and accordingly, Vigo Health 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.
- Privacy, Use of Data
- Online Dispute Resolution
10.1. Any out of court disputes regarding service provision, quality and recipiency will be settled if you contact our customer service at hello[at]vigo.health or file a formal complaint containing reason, claim and cause of your complaint. Vigo Health will review your complaint form and provide a written answer within 15 days upon receiving. If User is not content by the answer, he/she has a right to contact the authorities responsible for customer right protection.
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.
- 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.