Terms of Service

End-User License Agreement

This End-User License Agreement (“Agreement”) is made between the user of the Product (“You” or “Your” as the context requires) and Talshir Guy Medical Technologies Ltd, (“We”, “Us” or “Our” as the context requires).

This Agreement is a legally binding agreement between You and Us, and governs Your use of the Product

By selecting “I accept the terms of the End-User License Agreement” below, You represent and warrant to Us that:

(a) You are at least at the age of majority in the Your state or province of residence.
and
(b) You are the individual who has been assigned Product access credentials and agrees to be bound by and strictly adhere to all the terms of this Agreement ; or You are the parent or legal guardian of a minor, who has been assigned Product access credentials and agrees to be bound by and strictly adhere to all the terms of this Agreement on his/her behalf.

Certain Definitions
1. “Clinic” means ophthalmic & optometry clinic which promotes & sells the Products and RevitalVision Programs.
2. “Product” means a web-based service available at the Web – Site, owned and operated by Us, used for exercising RevitalVision Programs by using the RevitalVision Technology.
3. “RevitalVision Technology” means Our non-invasive vision correction and improvement technology based on visual stimulation and facilitation of the neural connections responsible for vision.
4. “RevitalVision Program” Our collection of various visual tasks, assigned to You according to Your visual condition as diagnosed by the Clinic or any other Medical Authority. The available RevitalVision Programs are listed on the Web – Site.
5. “Web – Site” means https://revitalvision.com/ and https://training.revitalvision.com/ controlled by Us, through which the Product may be remotely accessed and used by You.
License
Provided that You comply with all the terms and conditions of the Agreement and pay any applicable license fee.
1. We hereby grant You a limited, non-transferable, non-sublicensable, non-assignable non-exclusive, limited, revocable license to electronically access and use of the Product via the Web – Site, subject to the terms and conditions of this Agreement (“License”).
2. The License permits You to use the Product for the sole purpose of performing the RevitalVision Program (“Purpose”).
3. We reserve all rights not expressly granted to You in this Agreement.
4. The Product can be used on one or more computer systems that are under Your personal control.
5. You shall not:
  1. Use, or copy Product other than as permitted by the License or use the Product for any purpose other than the Purpose or use the Product in any manner for which it was not intended.
  2. Grant any third-party access to the Product.
  3. Allow any other person to perform Your RevitalVision Program on your behalf.
  4. Alter the Product, including but not limited to, modify, adapt, merge, translate, decompile, disassemble, decode reverse engineer, or in any manner extract any source code from the Product.
  5. Remove, alter or cause not to be displayed, any trademarks, copyright notices, proprietary restrictions, product identification, or start-up messages contained in the Product.
  6. Sell, assign, rent, lease, give, sub-license, loan, mortgage, charge, or otherwise transfer the License, or any interest thereto in a whole or in a part to any third party, except as expressly provided for in this License.
6. You understand and accept that RevitalVision Program is for the sole use of You, and is not intended, designed, or permitted to be used or accessed by any third party.
Directions for Use
1. You must strictly comply with all directions for use of the Product, as described within this Agreement and the Product, including the RevitalVision Program instructions, the User Guide, and any other directions published under the Web – Site
2. You understand that while no results can be guaranteed, as outcomes will vary from case-to-case, compliance with section 3.1 is considered one of the key factors for success of the RevitalVision Program.
Log-In
1. In order to access the Product, you will be provided with a username and password.
2. You must ensure that the username and password are kept confidential.
Proprietary Rights and Confidentiality
1. We retain all rights, including, intellectual property rights, title, and interest in the Product including any part thereof (including the RevitalVision Technology and the RevitalVision Program), including but not limited to all copyrights and trademark rights, trade secret, under any applicable law.
2. The Product contains confidential information and trade secrets that have been developed by Us. You have to maintain and protect the confidentiality of these trade secrets and not disclose them or use them for any purpose not contemplated by this Agreement.
3. Some parts of the Product may contain software licensed from third parties and are subject to the terms and conditions of third-party license agreements. You hereby agree to comply with all such terms and conditions.
Privacy
Your privacy is important to us. To see how we collect, manage, process, secure, and store your private information, please refer to our Privacy Statement, which is an integral part of this Agreement and incorporated herein by reference. By accessing and/or using the Product you represent that you have read the Privacy Statement, understand it, accept it and agree to abide by its terms.
Term and Termination
1. The duration of this Agreement and the License (“Term”) shall be for the period required to fully complete Your RevitalVision Program, but shall not exceed the earliest of twelve (12) months or eighty (80) training sessions from the date of acceptance of the Agreement (“Effective Date”), unless earlier terminated pursuant to section 7.2.
2. The Agreement shall terminate immediately in the event that You fail to comply with any term or condition of this Agreement.
3. Upon expiration or termination of the Agreement for any reason whatsoever, the License shall automatically expire, and the We (including the Clinic if applicable) shall have the right to prevent from You the access to the Product and to disable Your username and password without any notice.
4. Any provisions providing for limitations on liability, indemnity, the provisions which protect the proprietary rights of Us and those terms which by their nature were intended to survive any termination of this Agreement shall remain in force after the termination of this Agreement.
Limited Warranty
1. Subject to any other limitations and exceptions set forth in this Agreement, We warrant, that for a period equivalent to the shorter of the Term or six (6) months as of the Effective Date, that the Product will perform substantially in accordance with its accompanying documentation (provided that the Product is properly used, solely for the Purpose and in the manner authorized by this Agreement and that the Product is properly used on a computer system that meets minimum specifications stipulated by Us). This limited warranty shall be void if the Product has been used other than in accordance with any documentation provided by Us, abused, modified altered or otherwise used in violation of this Agreement.
2. In the event that a breach of any warranty stated herein occurs, Your sole and exclusive remedy (and Our sole and exclusive obligation) shall be the cancelation of the License. For the avoidance of doubt, the above is Your sole and exclusive remedies for any and all claims that you may have against Us arising out of or in connection with the Product and the License, whether made or suffered by the You or another person and whether based in contract, tort or otherwise.
3. The limited warranties set out in section 8.1 are Our sole warranties. Except such express limited warranties, the Product is provided to you “As Is”, with all faults, and You accept and assume the entire risk as to the quality, performance and results of use of the Product. We make no other warrantees or representation, expressed or implied, arising from statute, custom or common law or otherwise, including and not limited to WARRANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We hereby disclaim and exclude to the fullest extent permitted by law all warranties except those contained in section 8.1.
4. In particular, We make no warranty that the Product will meet Your requirements, or that operation of , Product will be uninterrupted or error-free, or that all errors in Product can be corrected, or that RevitalVision Program or the usage of the Product will be successful or will result in any improvement to Your vision or condition.
5. For the purpose of this section hereof, the terms “We” or “Our” or “Us” include any of Our affiliates, directors, employees and any other third party acting on behalf of Us.
Limitation of Liability
1. Your use of Product and performance of RevitalVision Program is done at Your own responsibility.
2. You are aware of the fact that some RevitalVision Programs require medical prescription as a precondition. In such cases, the diagnosis of Your visual condition has to be performed by the Clinic (which can also prescribe you with a RevitalVision Program based on such diagnosis) or any other certified eye care professional (each “Medical Authority”) at their authority and sole liability. We cannot guarantee, nor shall We be liable for such diagnoses nor to the accuracy or completeness of any such diagnosis, or to the fitness of any RevitalVision Program to Your actual visual condition. You shall not hold Us responsible for any acts or omissions of any Medical Authority, nor to any errors in any diagnosis and / or in any prescription of a certain RevitalVision Program based on such diagnosis nor for any RevitalVision Program selected by You.
3. To the fullest extent permitted by law, We shall have no liability for any losses or damages whatsoever, whether in contract, tort or otherwise, arising out of or in connection with Your use of or inability to use the Product, or from any problem caused by the Product or the RevitalVision Program, including without limitation direct loss, loss of profits, loss of business, loss of opportunity, loss of data, personal injury, loss of privacy, damage caused to Your computer, computer software, systems and programs and the data
  thereon or any other direct or indirect, consequential or incidental damages. In any event You expressly understand and agree that any claim against Us shall be limited to the amount You paid, if any, for use of the Product.
4. For the purpose of this section hereof, the terms “We” or “Our” or “Us” include any of Our affiliates, directors, employees and any other third party acting on behalf of Us.
Indemnity
1. You agree to indemnify and hold Us harmless from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable legal fees and expenses) arising from or in connection with: 1. Your failure to comply with any term or condition of this Agreement 2. any claim by any third party, arising from unauthorized access to Product or RevitalVision Program granted by You 3. any actions against Us by any third parties in connection Your acts or omissions hereunder. 4. any other claim in connection with Your use of the Product.
2. For the purpose of this section hereof, the terms “We” or “Our” or “Us” include any of Our affiliates, directors, employees and any other third party acting on behalf of Us.
Law and Jurisdiction
This Agreement and your use of the Product shall be governed by the laws of the state of Israel. Any dispute or action in connection with this Agreement, the License or the Product shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and you irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, related to or connected with the use of or inability to use the Product or any other claim related thereto must be filed by you within six (6) months after such claim or cause of action arose or be forever barred.
General
This Agreement constitutes the entire understanding between You and Us with respect to the subject thereof. You may not assign this Agreement or any rights or obligations hereunder, by contract, operation of law, or in any other manner to any third party without Our prior written consent. If any provision of this Agreement shall be held by a court of law of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and, to the extent allowed and practicable, the unenforceable provision shall be modified so as to be enforceable consistent with its original intent and economic effect. The headings and captions used in this Agreement are for convenience only and shall not affect the interpretation of the provisions of this Agreement.