OdySight® Dashboard Terms of Use

For the use of OdySight® Dashboard 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
email: contact@tilakhealthcare.com

In certain countries, Tilak Healthcare has entered into agreements with professional corporations to promote OdySight; any such professional corporation shall be referred to as Tilak Healthcare’s “Copromoter”.
V.2.1/May 2021

Last updated: May, 2021.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ODYSIGHT® DASHBOARD

By using this OdySight® Dashboard ("Dashboard"), you are agreeing to these Dashboard Terms of Use.

The Dashboard means the OdySight® dashboard platform for use by healthcare professionals only, accessible on https://dashboard-us.tilakhealthcare.com/dashboard... ("Site").

The Dashboard provides you with a wide array of services including, without limitation, an access to the Dashboard and allowing you to collect, treat and assess patients' Data and Alerts generated by the Application and transferred to the Dashboard (collectively, the "Services").

The Dashboard is made available to you ("you" or "User") by Tilak Healthcare, free of charge, for your sole use only on your computer or smartphone (each a "Device"), once connected to internet.

PLEASE NOTE THAT THE DASHBOARD CONTAINS SENSIBLE PATIENT DATA

USER SHALL KEEP THE ACCESS TO THE DASHBOARD AND ITS CONTENT STRICTLY CONFIDENTIAL

Definitions
"Content": means any and all elements of the Dashboard 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 Dashboard individually or in combination, together with all related intellectual property rights in the above.

"Data": means:

(i) Any User's Personal Information; and/or

(ii) Any information and data related to User's patient(s) including without limitation patient's Personal Information, as collected by the User and completed in the Dashboard in full compliance with patient's express consent; and/or

(iii) Any information and data collected by the Application and automatically sent to the User's Dashboard for the Services; and/or

(iv) Data when you and personnel acting on your behalf enquire about the Services via email, over the phone or through our web site or Dashboard (including customer support) such as chat logs and customer-support tickets or when the Dashboard collects automatically directly from you when you use the Services;

(v) Other Data you provide us :

  • such as information used to identify a lost account;
  • When you visit Tilak Healthcare website or use the Dashboard and/or the Service, device information such as the IP address of your Device, operating system, browser information including browsing type and the language you prefer, your Device model and its settings and network information may potentially be collected;
  • When you sign up for a newsletter;
  • When you use the Dashboard and the Services, and you create some content.
(vi) Information about your activity or information that you provide on how you use the Dashboard or the Services.

"Personal Information": means information alone or in combination with other information, identifies you or your patient(s) or can be used to identify you or your patient(s) or your (and your patient's) personal characteristics, such as your name and contact information or information about your patient's name, age, pathology and health that is collected by you and/or your team and/or transmitted by the Dashboard and/or the Application.

«Alert»: means a notification generated by the Application and sent to the User's Device.

«Application»: means the OdySight® mobile device application, recommended to the patient by the User.

« User»: means natural or legal person(s), healthcare professional.
1. Acceptance
Your access to the Dashboard 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 Dashboard.

By creating an account and using the Dashboard, 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 Dashboard.

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 Dashboard. Any changes will be effective immediately upon User's connection to the Dashboard. 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 Dashboard and the Services.

These Terms of Use constitute the entire agreement between the User and Tilak Healthcare with respect to the use of the Dashboard, 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, any portion thereof or from collecting patient's Personal Data.
2. Account registration
The Dashboard is available upon subscription on the Site. 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 Dashboard 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. Neither Tilak Healthcare nor Co-promoter shall be liable for any unauthorized access to or use of your account information.

The Service and the access to this version of the Dashboard are 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 use of the Dashboard or his/her Device.

The User may interrupt the use of the Services and/or delete the Dashboard application from his/her Device at any time.

The User may also request the deletion of its User's account and/or User's Data subject to a prior written notice sent to supportUS@odysight.app.
3. Use of the services
3.1 When you use the Dashboard, the Services and/or the Content, you are solely responsible for:

  • Ensuring that you are using the latest available version of the Dashboard;
  • Providing and maintaining accurate, current and complete account information;
  • Ensuring that any patient's Personal Information that you provide through the Dashboard relates to the correct patient 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 results from the use of the Dashboard or Content or the interaction of this Dashboard or Content with other applications or programs that you may download or use;
  • Maintaining the security and confidentiality of any Data including any Personal Information and in particular your personal identification numbers, account information, passwords and the like related to your use of the Dashboard or Content or Personal Information that you may store on your Device;
  • The use of Data and Alerts;
  • Maintaining the physical security of your Device.

Neither Tilak Healthcare nor Co-promoter is responsible for any costs, loss or damage that you incur as the result of your failure to meet any of these responsibilities.

3.2 Patient's Personal Data collection and use

The aim of the Dashboard is to provide help when you follow patient's pathology and ease the sharing of Data and Alerts. Thus, you remain solely responsible for the collection, entry and correctness of patient's Data, the transfer of these Data to the Application, the assessment and use or misuse of the Data and Alerts obtained from the Services and the treatment decisions or similar activities.

You are solely responsible for Data entry into the Dashboard and you expressly agree to take (i) all reasonable steps to protect such Data and (ii) any and all necessary measures to secure the access to your Device and restrict the disclosure, use of and access to Data to authorized persons only within

your private practice/office on a need to know basis for the performance of the Service and provided that they are informed on the confidential nature of the Data and bound by restricted use obligations. You shall remain liable for any breach of confidentiality by such authorized persons.

Patient's Data is automatically transmitted to the Application by the Dashboard only and upon activation of patient's account. Patient(s)' Data and Alerts are sent by the Application to the User's Dashboard to allow the User to follow patient's pathology evaluation.

You represent and warrant that (i) you are entitled to proceed with the collection and transfer of patient's Personal Data; (ii) you have informed your patient on his/her Personal Data use and (iii) your patient has freely consented (whether in writing or otherwise) to such use and their transfer to the Application for the performance of the Services.

You are solely responsible for your 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 Dashboard, the Content, trademarks, logos and trade names depicted in the Dashboard and the Application and all intellectual property rights (including but not limited to, rights in the Dashboard as database) are the sole and exclusive property of Tilak Healthcare.

Commercial reproduction, distribution or transmission of any part or parts of the Dashboard 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 use the Dashboard and the Services, solely for patient's pathology assessment and follow up in its offices/private practice to the exclusion of any other healthcare professional or user, and provided all copyright, trademark, logos and other proprietary notices are left intact. Use of the Content is strictly prohibited. Any other use of the Dashboard and/or the Service are prohibited.

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 Dashboard 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.

The use of automated systems or software to extract data from the Dashboard for commercial purposes, ('screen scraping') is prohibited unless you or a third party have directly executed a written license agreement with Tilak Healthcare permitting such activity.

You may not distribute, sell, lease, loan or transmit the Dashboard and/or the Content or otherwise exploit the Services nor alter, modify or adapt the Dashboard 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 derived from the Dashboard and/or Content nor will you permit any third party to do any of the above.

Any use of the Dashboard 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 Dashboard may contain links to third-party websites or resources which are not part of the Dashboard. You agree that Tilak Healthcare is 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 Dashboard 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 of 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 Dashboard 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 Dashboard is at your own risk and under your own responsibility in your home country.

User is solely responsible for the use of the Dashboard under his/her sole control.

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

The Dashboard and the Content do not provide complete medical information. Neither the Dashboard nor the Content replaces discussions between the User and his/her patient(s) nor does either replace the User's or any other health care professional's medical evaluation of the patient. This Dashboard does not offer personalized medical diagnosis or patient-specific treatment advice.

Data and Alerts generated by the Application and sent to the Dashboard may not be accurate and depend, among other things, on the reliability of patient's performance of the Application tests.

Continuously using the Services allows the User to gather or get information on patient's vision; the Services should help the User with the patient's follow-up. The Service does not control or verify consistency or relevance of User's dashboard data entry. Analysis of the Data and Alerts is the sole responsibility of the User. The Dashboard and/or the Services cannot replace a medical consultation and/or assessment. 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, makes no recommendations on appreciation of patient's pathology progress, general health condition, potential deterioration or emergency situation or otherwise.

The information and tools that Tilak Healthcare makes 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 DASHBOARD, CONTENT, DATA AND RESULTS OBTAINED AS PROFESSIONAL MEDICAL ADVICE OR USE THE SERVICES AS A REPLACEMENT FOR ANY RELATIONSHIP WITH HIS/HER PATIENT(S).

THE DASHBOARD, 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 DASHBOARD, THE SERVICE AND/OR ITS CONTENT. WHILE TILAK HEALTHCARE, IN ITS ROLE OF DEVELOPER, ENDEAVORS TO ENSURE THAT THE CONTENT WITHIN THE DASHBOARD IS CORRECT, TILAK HEALTHCARE, ON ITS BEHALF AND ON BEHALF OF ITS CO-PROMOTER, DISCLAIMS ALL REPRESENTATIONS, TERMS, CONDITIONS OR WARRANTIES OF ANY KIND AS TO THE ACCURACY, SATISFACTORY QUALITY, ADEQUACY, MERCHANTABILITY OR COMPLETENESS OF THE CONTENT AND/OR DATA INCLUDING REGARDING ANY DATA COLLECTED AND TREATED BY THE USER. THEREFORE, TILAK HEALTHCARE AND/OR ITS CO-PROMOTER CANNOT AND WILL NOT BE HELD LEGALLY, FINANCIALLY OR MEDICALLY RESPONSIBLE FOR DECISIONS MADE USING TILAK HEALTHCARE'S ALGORITHMS, CALCULATORS AND EQUATIONS.

TILAK HEALTHCARE AND ITS CO-PROMOTER ALSO EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE DASHBOARD, 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 DASHBOARD, APPLICATION, CONTENT AND/OR SERVICES.

TILAK HEALTHCARE AND ITS CO-PROMOTER EXCLUDE ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION IN THE DASHBOARD AND/OR IN THE APPLICATION WILL BE FREE OF DEFECTS. THE USER ASSUMES ALL COSTS AND RISKS ARISING AS A RESULT OF HIS/HER USE OF THE DASHBOARD.

TILAK HEALTHCARE AND/OR ITS CO-PROMOTER EXCLUDE ANY LIABILITY RESULTING FROM YOUR USE OF THE DASHBOARD, THE SERVICES AND/OR THE CONTENT.

NEITHER TILAK HEALTHCARE NOR ITS CO-PROMOTER DOES 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 PATIENTS. YOU UNDERSTAND THAT NEITHER TILAK HEALTHCARE NOR ITS CO-PROMOTER ASSUMES RESPONSIBILITY FOR SCREENING ANY PATIENT FOR USE OF THE APPLICATION NOR DOES EITHER VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. NEITHER TILAK HEALTHCARE NOR ITS CO-PROMOTER PROVIDES MEDICAL ADVICE OR RECOMMENDS OR ENDORSES 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 Dashboard, the Services (or any part thereof), make changes, corrections and/or improvements to the Dashboard and/or the Content or delete your Data, including but not limited to data related to your patients, 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 (including but not limited to negligence, failure to act, disclosure of access code and/or password or unauthorized access to Dashboard), (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 that neither Tilak Healthcare nor its Co-promoter shall be liable to you or any third party for any termination of your account or access to the Services.

Neither Tilak Healthcare nor its Co-promoter is 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 Dashboard, the Application or the Content.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TILAK HEALTHCARE NOR ITS CO-PROMOTER NOR ANY OF ITS OR THEIR DIRECTORS, EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNTY WHATSOEVER FOR ANY LOSS OR DAMAGE OR PENALTY 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, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF PATIENTS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF TILAK HEATHCARE OR ITS CO-PROMOTER 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, ITS CO-PROMOTER AND ITS AND THEIR 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 DASHBOARD OR THE CONTENT OR YOUR VIOLATION OF THESE TERMS OF USE.
9. Data protection
Tilak Healthcare is keeping Data secure and it handles and processes it, as a data controller in accordance with the European General Data Protection Regulation and other applicable law. The Dashboard collects only adequate and relevant data limited to the purposes defined hereunder.

Tilak Healthcare primarily uses the data:

  • to provide you with the Services,
  • track your use of the Services to help Tilak Healthcare to learn more about your use of the Dashboard;
  • identify and fix bugs and Service errors;
  • for administration, analytics, statistics, research and optimization;
  • comply with all regulatory and legal requirements, and answer any requests from Data Protection Authorities or any law-enforcement agency or for other security reasons;
  • provide you with support, communicate with you and respond to any requests or questions you have submitted to Tilak Healthcare's customer support;
  • handle your subscription to, and opting-out of, our newsletters.

For some purposes described above, Tilak Healthcare may use and perform analytics. Analytics information supports business analysis and operations, allows product development, improves products and Services, personalizes content, provides advertising, and makes recommendations.

Your and your Patient's Data is hosted by Tilak Healthcare's services provider in order secure its collection, conservation and archiving.

Tilak Healthcare retains, uses and stores Data as long as you are using the Services, and also for the period necessary to fulfil the purposes described hereunder, in compliance with the applicable laws of your country of residence but in any event no more than one (1) year from the end of your access to the Dashboard unless your patient(s) require(s) the transfer of his/her Data to a third party healthcare professional in which case his/her Data will be terminated within one (1) year from end of his/her access to the Application.

A longer retention period of your Data could be required to resolve disputes or answer regulatory or police requests. In such cases, the collected Data will be stored until the request is closed.

Tilak Healthcare has implemented security measures to safeguard and to help prevent unauthorized access, maintain data security, and correctly use the Data collected through the Services.

Tilak Healthcare takes, and requires its hosting services provider to take, reasonable precautions to protect Data against loss, misuse, unauthorized disclosure, alteration, and destruction. However, no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, Tilak Healthcare cannot guarantee the security of Data and do not assume any responsibility for the unauthorized use of, or access to, Data that is under your or your patient's control.

If there is a breach of security involving your Personal Data, Tilak Healthcare will inform you promptly and take commercially reasonable steps to rectify such breach.
If you believe your or your patient's Personal Data is being improperly used by Tilak Healthcare or any third party, please immediately notify via email at dpo@tilakhealthcare.com.

You can correct any Data by contacting Tilak Healthcare on supportUS@odysight.app (by email at 74 rue du Faubourg Saint Antoine, 75012 Paris, France).

You represent and warrant that all of the Data (including without limitation your Personal Data) is true and correct and relates to you and/or to the appropriate patient and not to any other person.

You can exercise your rights at any time and ask Tilak Healthcare for access to, or rectification or erasure of, your Personal Data. According to your local regulations, if you are a European user, you can also request limitations to the processing of your Personal Data, object to the processing of your information, or exercise your right to data portability.

You can also opt out of the sharing of your Personal Data (to the exception of patient's Data) to third parties for any purpose by contacting Tilak Healthcare on dpo@tilakhealthcare.com.

If you have previously consented to any direct marketing communication from us or subscribed to Tilak Healthcare's newsletters, you can unsubscribe by clicking on a link available in each communication and newsletter Tilak Healthcare's send you.

If you want to decline to permit cookies or other tracking technologies, please read our Cookies Policy on Tilak Healthcare websites.

Please note that Dashboard functionality, Services and features can be affected by your actions. Some of your Personal Data and its processing is mandatory for Tilak Healthcare to provide the Services.

Your actions can oblige Tilak Healthcare to stop providing the Services. When the conditions below apply, we may no longer be able to provide you with access to the Dashboard or Services:

  • If you withdraw your consent or ask for the deletion of your Personal Data. In such case, Tilak Healthcare will not use or process your Personal Data anymore but will store it to answer regulatory or police requests. Tilak Healthcare also reserves the right to retain an archive of such information for a commercially reasonable time to ensure that its deletion does not affect the integrity of Tilak Healthcare's data; and Tilak Healthcare further reserves the right to retain an anonymous version of such information.
  • If you request of limitation to process that is mandatory for Tilak Healthcare, or you object to such processing (in which case, Tilak Healthcare may not be able to provide you with the Services).

Tilak Healthcare reminds you that you have a right to lodge a complaint with a European Data Protection Supervisor.

In order to operate the Services, your Personal Data may be transferred to Tilak Healthcare's entities, subsidiaries, processors including the hosting services provider located in France.

Tilak Healthcare may use third-party services that have limited access only to limited deidentified data for specific purposes, such as administration, analytics, optimization, marketing assistance, customer service, and data analysis. Such third parties are authorized to use your deidentified data for these purposes only.

Tilak Healthcare may disclose your Personal Data if required by any law or court order worldwide, if the Personal Data relates to actual or threatened harmful conduct. In that case, disclosure of your Personal Data will be, when legally permissible, limited to only that data that Tilak Healthcare is legally required to disclose.

In connection with any sale of Tilak Healthcare or any line of business (including the Application and the Dashboard), customer information generally is one of the transferred business assets. In the event of any such sale or disposition of any or all of our business, your Personal Data may be transferred to the acquirer.

Your Personal Data may be transferred to the European Economic Area.

If you have any questions, comments or concerns regarding practices to protect your data, please contact Tilak Healthcare: Data Protection Officer, 74 rue du Faubourg Saint Antoine, 75012 Paris, France, Email:dpo@tilakhealthcare.com or supportUS@odysight.app.

Any information that you transmit to Tilak Healthcare from or about the Dashboard 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 Your and 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 Dashboard for any purpose whatsoever including developing, manufacturing and marketing products.
10. Governing law
Tilak Healthcare excludes all representations and warranties that the Services, the Dashboard, the Application and/or the Content are available for use in locations other than France, 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 Dashboard 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.
11. Severability
If any of the provisions or a portion of any provision of these Terms of Use are 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.

Tilak Healthcare™ and OdySight® are trademarks of Tilak Healthcare.
74 rue du Faubourg Saint Antoine 75012 Paris, France
+ 33 (0) 762271842
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Date of the last update of the site: August 19, 2021