Terms of Use

v.3.0/ November 2020
For the use of the application OdySight® of Tilak Healthcare SAS ("Tilak Healthcare")
with place of business at 74 rue du Faubourg Saint Antoine, 75012 Paris, France
Paris Chamber of Commerce B 820 343 044
contact@tilakhealthcare.com

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ODYSIGHT® APPLICATION

By downloading and using this Application, you are agreeing to these OdySight® Terms of Use.

The Application means the OdySight® mobile device application.

The Application is made available to you ("you" or "User") by Tilak Healthcare upon prescription by your physician and provides you with a wide array of services including, without limitation, the access to the Application, self-testing to allow a remote monitoring on visual parameters, collection and transfer of test results and alerts to your physician's dashboard (collectively, the "Services").

The Application is made available free of charge for the sole use by the User only on User's smart device -tablet or smartphone (each a "Device") once connected to internet, provided that the Device shall meet the minimal technical characteristics to allow the functioning of the Application, available with the list of compatible Devices on https://odysight.app/faq-us/supported-devices-list


PLEASE NOTE THAT THE APPLICATION IS NOT ADAPTED TO

  • THE USER WITH A BINOCULAR VISUAL ACUITY LESS THAN 3/10 (0.5 LOGMAR; 20/63), OR

  • EPILEPTIC USERS.
Definitions
"Content": shall mean any and all elements of the Application and/or the Services, including without limitation design, drawing, graphics, materials, programs, schema, database, software, all messages or items of information, fictional characters, names, themes, objects, article, information, text, document, diagram, image, picture, music or sounds, video, audio, audio-visual effects, arrangement thereof and any other elements which are part of the Application individually or in combination, together with all related intellectual property rights in the above.

"Data": shall mean any information and data as collected by or on behalf of the User's physician and/or completed by the User and/or collected by the Application. Data may include Personal Information.

"Personal Information": shall mean information alone or in combination with other information, that identifies you or can be used to identify you or your personal characteristics, such as your name, contact information or information about your health that is collected by your physician and/or transmitted by the Application.
1. Acceptance
Your access to the Application and use of the Services are subject to these Terms of Use and all applicable laws.

Please read and review these Terms of Use carefully before using the Application. The Notice of Privacy Policy is an integral part of these Terms of Use and is integrated hereto by reference. You confirm that you have consulted and accepted the terms of Tilak Healthcare's Notice of Privacy Policy available on https://odysight.app/privacypolicy-app and that you agree to comply with them fully.

By checking the box and using the Application, you acknowledge that you have read, understood and agreed to these Terms of Use without limitation. If you do not agree to these Terms of Use, you should immediately exit this Application.

Tilak Healthcare reserves the right to update, make changes, improve and revise these Terms of Use at any time, without notice and at its discretion. The "Last Updated" date at the top of these Terms of Use indicates when the latest modifications have been made. If Tilak Healthcare modifies these Terms of Use in a material way, Tilak Healthcare will provide notice of such modification within the Application. Any changes will be effective immediately upon User's connection to the Application. Users are encouraged to periodically review this page to read the then current and applicable Terms of Use. By continuing to access or use the Services after Tilak Healthcare have modified these Terms of Use, you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you agree to immediately stop using the Application and the Services.

These Terms of Use constitute the entire agreement between the User and Tilak Healthcare with respect to the use of the Application, the Services and the Content.

By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms of Use and that you are not prohibited from using the Services or any portion thereof.
2. Account registration
The Application is available only with the prescription of an ophthalmologist or other qualified health care professional. Upon prescription, User will be provided with an access code sent by automatic text message on behalf of the ophthalmologist or the health care professional to the User. Consent on automatic text messages and revoke of consent are further detailed in the Notice of Privacy Policy. The Application shall be downloaded via the appropriate online store to the Device. You must register an account with the Application to access the Services. Registration requires you to select a username and password that will be associated with your account. You are solely responsible for maintaining the confidentiality and security of your Application account username and password and you shall not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature and promptly notify Tilak Healthcare at supportUS@odysight.app. Tilak Healthcare shall have no liability for any unauthorized access to or use of your account information.

YOU REPRESENT AND WARRANT THAT ALL YOUR DATA IS TRUE AND CORRECT AND RELATES TO YOU AND NOT TO ANY OTHER PERSON.

This version of the Application is provided for free (any modification must be expressly agreed by the User), however User may be charged standard rates or fees by wireless or telephone carriers or other parties that are not connected to Tilak Healthcare for the download or use of the Application or related SMS text messages.

The User may interrupt the use of the Services and/or delete the Application at any time.

The User may also request the deletion of their User's account, User's telephone number and/or Data subject to a prior written notice sent to supportUS@odysight.app. If you have revoked consent to receive further text messages, Tilak Healthcare will send one final autodialed text to confirm your opt-out request.
3. Use of the services
3.1 When you use the Application, the Services and/or the Content, you are solely responsible for:

  • Ensuring that you are using the latest available version of the Application;
  • Providing and maintaining accurate, current and complete account information;
  • Ensuring that any data provided through the Application relates to you and not to any other person;
  • Any damage to your Device, and any loss or corruption of information that you store in the Device that may result from the use of the Application or Content or the interaction of this Application or Content with other applications or programs that you may download or use;
  • Maintaining the security and confidentiality of any Personal Information including personal identification numbers, account information, passwords and the like related to your use of the Application or Content or Personal Information that you may store on your Device;
  • The use of Data and alerts generated by the Application;
  • Maintaining the physical security of your Device.

Tilak Healthcare is not responsible for any costs, loss or damage that you incur as the result of your failure to meet any of these responsibilities.

3.2 User expressly agrees to the Application sending User's Data and alerts to the User's health care provider's dashboard, to allow him/her to follow User's pathology evaluation.

User's health care provider remains solely responsible for the User's Data collection and correctness, assessment and use or misuse of the Data and Alerts obtained from the Services and the treatment decisions or otherwise. User's health care provider shall be solely responsible for his/her compliance with all laws and standards of professional practice applicable to the practice of medicine or other relevant health profession.

3.3 Tilak Healthcare will comply with all applicable laws and regulation related to its provision of the Services to the User.

The User acknowledges that the Services also involve third party network operators, therefore Tilak Healthcare cannot guarantee uninterrupted provision of the Services and their continuous online availability.
4. Ownership and restrictions of use
The Services, the Application, the Content, trademarks, logos and trade names depicted in the Application and all intellectual property rights (including but not limited to rights in the Application as database) are the sole and exclusive property of Tilak Healthcare.

Commercial reproduction, distribution or transmission of any part or parts of the Application and/or the Content or any information contained therein by any means whatsoever without the prior written consent of Tilak Healthcare is not permitted.

User is granted a limited non-exclusive, non-transferable and non-sublicensable license to download the Application to a single Device and use the Services and the Content, solely for personal, non-commercial use, and provided all copyright, trademark, logos and other proprietary notices are left intact. Use of the Content is strictly prohibited. The use of automated systems or software to extract data from the Application for commercial purposes ('screen scraping') is prohibited unless the third party has directly executed a written license agreement with Tilak Healthcare permitting such activity.

The grant of this limited license is conditional upon User's agreement to and compliance with all these Terms of Use. Any other use of any of the materials, Content and Application including reproduction (for any purposes other than those above described), modification, distribution or re-publication is strictly prohibited and is a violation of Tilak Healthcare intellectual property rights.

You may not distribute, sell, lease, loan or transmit the Application and/or the Content or otherwise exploit the Services nor alter, modify or adapt the Application and/or the Content, including but not limited to translating, decompiling, reverse engineering, disassembling or creating derivative works there from. In addition, you will not use any software to develop, design, produce, manufacture, sell and/or distribute any product nor will you permit any third party to do any of the above.

Any use of the Application or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate Tilak Healthcare's and third parties' intellectual property rights.

The Application may contain links to third-party websites or resources which are not part of the Application. You agree that Tilak Healthcare are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the Application of third-party resources, including links to third party websites, does not imply Tilak Healthcare's endorsement of these resources.

Tilak Healthcare may (but is not obligated to) do any or all the following without notice:

  • Investigate your use of the Services as Tilak Healthcare deem appropriate to comply with any applicable law, regulation, government request or legal process;

  • Terminate your access to the Application upon Tilak Healthcare's determination that you have violated these Terms of Use.
5. Disclaimer
Laws and regulations vary country to country and so any use of the Application is at your own risk and under your own responsibility in your home country.

The Application is not intended as device for diagnostic monitoring or any treatment purposes.

The Application and the Content do not provide complete medical information. The aim of the Application is to provide help when you discuss with your healthcare professional and does not replace such discussion; you should always obtain complete medical information from your own physician or other health care professional. Should you have a medical condition, promptly see your own ophthalmologist or health care professional. This Application does not offer personalized medical diagnosis or patient-specific treatment advice.

Continuously using the Services allows the User to gather or get information on his/her disease; the Services should help increase the User's awareness. Analysis of the Data and alerts generated by the Application and/or as result of the Services is the responsibility of the User and his/her ophthalmologist or other health care professional. The Application and/or the Services cannot replace a medical consultation. The Services are not and shall not be considered as a recommendation. Tilak Healthcare does not draw any conclusions from the Data and alerts generated and makes no recommendations.

The information and tools that Tilak Healthcare make available through the Services are provided for informational purposes only. THE SERVICES ARE IN NO WAY INTENDED TO SERVE AS A DIAGNOSTIC SERVICE OR PLATFORM, TO PROVIDE CERTAINTY WITH RESPECT TO A DIAGNOSIS, TO RECOMMEND A PARTICULAR THERAPY OR TO OTHERWISE SUBSTITUTE FOR THE CLINICAL OR PROFESSIONAL JUDGMENT OF A QUALIFIED HEALTHCARE PROFESSIONAL.

USER SHOULD NOT RELY ON THE APPLICATION, CONTENT, DATA AND RESULTS OBTAINED AS PROFESSIONAL MEDICAL ADVICE OR USE THE SERVICES AS A REPLACEMENT FOR ANY RELATIONSHIP WITH HIS/HER OPHTHALMOLOGIST OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. FOR MEDICAL CONCERNS, INCLUDING DECISIONS ABOUT MEDICATIONS AND OTHER TREATMENTS, USERS SHOULD ALWAYS CONSULT THEIR QUALIFIED HEALTHCARE PROFESSIONALS OR, IN SERIOUS CASES, SEEK IMMEDIATE ASSISTANCE FROM EMERGENCY MEDICAL PERSONNEL.

IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR EYE CONDITIONS, PLEASE CONSULT WITH YOUR LICENSED HEALTHCARE PROFESSIONAL AS SOON AS POSSIBLE.

THE APPLICATION, SERVICES AND CONTENT (WHICH IS SUBJECT TO CHANGE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE APPLICATION, THE SERVICE AND/OR ITS CONTENT. WHILST TILAK HEALTHCARE, IN ITS QUALITY OF DEVELOPER, ENDEAVORS TO ENSURE THAT THE CONTENT WITHIN THE APPLICATION IS CORRECT, TILAK HEALTHCARE DISCLAIMS ALL REPRESENTATIONS, TERMS, CONDITIONS OR WARRANTIES OF ANY KIND AS TO THE ACCURACY, SATISFACTORY QUALITY, ADEQUACY, MARCHANTABILITY OR COMPLETENESS OF THE CONTENT AND/OR DATA. THEREFORE, TILAK HEALTHCARE CANNOT AND WILL NOT BE HELD LEGALLY, FINANCIALLY OR MEDICALLY RESPONSIBLE FOR DECISIONS MADE USING ITS ALGORITHMS, CALCULATORS AND EQUATIONS.

TILAK HEALTHCARE ALSO EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE APPLICATION AND CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, IS GIVEN IN CONJUNCTION WITH THE APPLICATION, CONTENT AND/OR SERVICES.

TILAK HEALTHCARE EXCLUDES ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION THE APPLICATION WILL BE FREE OF DEFECTS. THE USER ASSUMES ALL COSTS AND RISKS ARISING AS A RESULT OF ITS USE OF THE APPLICATION.

TILAK HEALTHCARE EXCLUDES ANY LIABILITY RESULTING FROM YOUR USE OF THE APPLICATION, THE SERVICES AND/OR THE CONTENT.

TILAK HEALTHCARE DOES NOT WARRANT THE SECURITY OR CONFIDENTIALITY OF ANY DATA STORED ON THE DEVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH YOUR PHYSICIAN. YOU UNDERSTAND THAT TILAK HEALTHCARE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE APPLICATION NOR DOES TILAK HEALTHCARE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. TILAK HEALTHCARE DOES NOT PROVIDE MEDICAL ADVICE AND TILAK HEALTHCARE DOESNOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS.
6. Modification and termination
You agree that Tilak Healthcare may, under certain circumstances and without prior notice, modify, interrupt, discontinue, temporarily or permanently any or all of the functionality of the Application, the Services (or any part thereof), make changes, corrections and/or improvements to the Application and/or the Content or delete your Data, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations shall be made at Tilak Healthcare's sole discretion, and Tilak Healthcare shall not be liable to you or any third party for any termination of your account or access to the Services.

Tilak Healthcare is not responsible for any costs, loss or damage that you incur as the result of any modification, interruption or discontinuance of any or all functionality of the Application or the Content.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TILAK HEALTHCARE NOR ANY OF ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, LOSS OF OR INABILITY TO USE THE DATA, ALERTS, CONTENT, SERVICES INCLUDING BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF TILAK HEATHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.
8. Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD EACH OF TILAK HEALTHCARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR ACCESS TO THE SERVICES OR USE OF THE APPLICATION OR THE CONTENT OR YOUR VIOLATION OF THESE TERMS OF USE.
9. Notice of privacy policy
The Notice of Privacy Policy, located at https://odysight.app/privacypolicy-app, provides information about Tilak Healthcare's use and treatment of User's Data. By accessing and using the Services, you agree to the terms of the Notice of Privacy Policy and acknowledge and agree that the Notice of Privacy Policy forms an integral part of these Terms of Use.

Except as provided in the Notice of Privacy Policy, any information that you transmit to Tilak Healthcare from or about the Application by electronic data transmission or otherwise, including any questions, comments, suggestions or the like is, and will be treated as non-confidential and nonproprietary to you. Any information, with the exception of User's Personal Information, may be used for any purpose, including reproduction; disclosure, transmission, publication, broadcast and posting. Tilak Healthcare is free to use any ideas, concepts and know how, or techniques contained in any communication you send to Tilak Healthcare from and about the Application for any purpose whatsoever including developing, manufacturing and marketing products.
10. Severability
If any of the provisions or a portion of any provision of these Terms of Use is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions will not be affected thereby.
11. Goverining law
Tilak Healthcare excludes all representations and warranties that the Services, the Application and/or the Content are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. User's access to the Services is at User's sole risk and sole initiative and User is responsible for compliance with applicable local laws.

These Terms of Use shall be governed by and construed in accordance with French law without regard to its conflicts of laws provisions. Any dispute under these Terms of Use shall be subject to the exclusive jurisdiction of courts in Paris, France, and by using the Application you submit to the exclusive jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Tilak Healthcare™ and OdySight®are trademarks of Tilak Healthcare.
74 rue du Faubourg Saint Antoine 75012 Paris, France
+ 33 (0) 762271842
Date of the last update of the site: July 24, 2020
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