1. Definitions
1.1. “Company” means the service or product manufacturer TELTONIKA TELEMEDIC UAB (Company code 305534534);
1.2. “Client” means the firm or company (and their legal representatives);
1.3. “Terms” means these Terms and Conditions set out in this document and unless specified includes any special terms and conditions agreed in writing between the Company and the Client, and also applies to Wearer;
1.4. “Contract” means the contract, or agreement between the Company and the Client for the supply of Services and/or Products, including these Terms;
1.5. “Mobile application” means the TeltoHeart mobile application (including any instalment of them) which the Company are to supply in accordance with these Conditions;
1.6. “WEB platform” means the TeltoCare WEB platform (in https://Teltocare.com including any instalment of them) which the Company are to supply in accordance with these Conditions;
1.7. “Smart wearable” means TeltoHeart Smart wearable (including any instalment of them) which the Company are to supply in accordance with these Conditions;
1.8 “Software” means MyHealth app (including any instalment of them) which the Company are to supply in accordance with these Conditions;
1.9. “Products” means the TeltoHeart application, TeltoHeart Smart wearable (including any instalment of them) and TeltoCare WEB platform which the Company are to supply in accordance with these Terms;
1.10. “Services” means TeltoCare (WEB platform) and Teltoheart (Mobile application) are to supply in accordance with these Terms;
1.11. “Wearer” a person wearing the Teltoheart smart wearable;
1.12.“Product Privacy Policy” means the Teltoheart privacy policy located at https://www.Teltocare.com/privacy-policy/
2. Terms of use
2.1. This document sets out the terms and conditions upon which the Company provides Services and Products to its Clients and (or) Wearers. These Terms govern Company Service provision to the Client and (or) Wearer to the exclusion of any other terms and conditions implied by the placement of a Client’s order for said Products or Services.
2.2. These Terms apply for use of the Products and Services, including any associated firmware, software, services or functions provided of Company.
2.3. These Terms do not apply to the third parties’ mobile application or the operating system. There shall be not possibility to download other apps to the Smart wearable.
2.4. These Terms are a legally binding document between TELTONIKA TELEMEDIC UAB (“Company”) and (or) Client and applicable to Wearer who accesses or uses the Products and Services. Please review these Terms carefully.
3. Conditions for use of the Products and Services
3.1. The Products and Services is offered subject to acceptance without modification of these Terms. By accessing or using the Products and Services, you agree to be bound by all of the terms and conditions specified in these Terms. The Terms may be modified by Company from time to time in sole Company’s discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS WITHOUT MODIFICATION, THEN YOU MAY NOT ACCESS OR USE THE PRODUCTS AND SERVICES. Please check these Terms periodically for changes. Your continued access or use of the Products and Services following any changes to the Terms constitutes your acceptance of those changes.
3.2. The Products and Services may not function properly if you do not install any necessary companion applications or firmware or software updates to the Products and Services or your mobile device. Client and (or) Wearer is responsible for mobile carrier’s rates and fees that may apply while using the Products and Services. The Products and Services may enable Client and (or) Wearer to execute certain functions on mobile device, such as Bluetooth. Client and (or) Wearer shall assume all risks to your mobile device if you choose to use such features.
3.3. While using Products and Services, from time-to-time Client and (or) Wearer may receive questions about experience of use of Products and (or) Services.
4. Age Restrictions
4.1. By using the Products and Services Client and (or) Wearer warrant that are of legal age to form a binding agreement or, if you are at least 22 years of age. Client and (or) Wearer may not use the Products and Services if are not at least 22 years old.
4.2. Important: If you are not the Wearer, you are responsible for ensuring that the Wearer (or if the Wearer is under 22 years of age, that their parent or legal representatives): (i) have been informed that Services shall not be provided if the Smart wearable has no battery power; (ii) understands how to use the Products and Services and is aware of the limitations of the Products and Services, if applicable, and accept the Terms on behalf of Wearer. You must ensure that the Wearer (or if the Wearer is under 22 years of age, the parent or legal representative of the Wearer), explicitly agrees to having any required personal information collected and used by Company in accordance with Company’s Teltoheart privacy policy, for the purpose of the Products and Services.
5. Privacy policy
5.1. All information provided and collected by Company through the Products and Services are handled in accordance with Company Teltoheart privacy policy which is hereby is an integral part of these Terms. The applications that run on Products and Services and the operating system installed on the smart wearable may separately collect information and such collection is governed by the applicable Privacy Policies for the companies providing the applications and operating system.
5.2. Teltoheart privacy policy conditions may be reviewed at the web link: https://www.Teltocare.com/privacy-policy/
6. Risk of use
6.1. Use of the Products and Services is intended for private use. Client’s and (or) Wearer’s use of the Products and Services is solely at their own risk.
6.2. Without limiting any other terms of these Terms, Company do not make any representations, warranties or promises about the accuracy, reliability or effectiveness of any of the functions or services.
6.3. Company does not guarantee that all functionality on the Products and Services will work at all times. Company does not guarantee that the information provided by the Products and Services is 100% accurate.
6.4. Do not interpreter or take clinical action based on Products or Services measurements without first consulting with a qualified healthcare professional.
USE OF THE TeltoHeart SMART WEARABLE IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOUR HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL TO YOUR DOCTOR OR EMMERGENCY MEDICAL HELP.
7. Software License
7.1. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable right to use the Products and Services in accordance with this Agreement. The Products and Services contain our valuable intellectual property and you obtain no rights to the software on the Products and Services except to use it in accordance with this Agreement. You must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access or use the source code of the Products and Services; (b) use the Products and Services in a manner prohibited by applicable laws or this Agreement.
7.2 The software, documentation, interfaces, content, fonts and any data that came with Products and Services, as may be updated or replaced by feature enhancements, software updates or system restore software provided by Company (“Software Updates”). The Company retains ownership of the Software itself and reserve all rights not expressly granted to you. You agree that the terms of this Software License will apply to any Company Products and Services.
7.3 The Company, at its discretion, may make available future Software Updates for Products and Services. The Software Updates, if any, may not necessarily include all existing software features or new features that the Company releases for newer or other Products and Services. The terms of this License will govern any Software Updates provided by the Company that replace and (or) supplement the Original Software product, unless such Software Update is accompanied by a separate license in which case the terms of that license will govern. BY DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
7.4. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download Software Updates that may be made available by the Company. This License does not allow you to update or restore the Company Products and Services that you do not control and (or) own and (or0 share Software updates with third parties.
7.5. By confirming this Software license you agree that without making Software updates you will not be able to use Products and Services unless all Software Updates is made.
8. Copyright and Other Intellectual Property
8.1. All content and other materials available at or through the Products and Services, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and the “look and feel” of the Products and Services (collectively, “Products and Services Content”) are owned or licensed by Company and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Products and Services Content without Company’s expressed written permission. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.
8.2. The Client and the Wearer warrants to use the Products and (or) Services only in accordance with the Terms.
9. Prohibited Conduct
9.1. Client and (or) Wearer agrees to abide by all applicable laws and not to
(a) upload, transmit, post, email, or otherwise make available to the Products and Services any material in any format that
(i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy;
(ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or
(iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Products and Services or any computer software or hardware or equipment associated with the Products and Services;
(b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of the Products and Services Content;
(c) impersonate any person or entity, including, but not limited to, Company employees or officers, or falsely state or otherwise misrepresent affiliation with any person or entity;
(d) attempt, through any means, to gain unauthorized access to the Products and Services or another person’s account or information on or through the Products and Services;
(e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Products and Services or any Products and Services Content without our prior express written permission;
(f) take any action that imposes an unreasonable or disproportionately large load on the Products and Services;
(g) take any action that creates liability for Company or causes Company to lose any of the services of Company business partners, vendors or suppliers;
(h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.
(i) to make self-diagnosis and a substitute professional medical judgment. Products and Services is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health;
(j) to use Products and Services in a non-proper manner.
Prior to using the product or service, it is advisable to seek advice from a healthcare professional. In the event that you encounter any discomfort or adverse effects during usage, we advise that you discontinue use and consult with your healthcare provider.
10. Responsibilities when using the Products and Services
10.1. Client:
10.1.1. must obey these Terms and instructions when offering and (or) using the Products and Services;
10.1.2. is obliged not to change, modify Wearer’s entered information, or data;
10.1.3. is obliged not to transfer, share Wearer’s data, except for the permitted purpose – proper use of Products and (or) provision of Services;
10.1.4. must ensure that Products and Services shall not be used for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities;
10.1.5. is responsible for monitoring the activity in Products and Services. Other than where required by law, Company will not monitor any communications from the Smart wearable and will not know if a Client is requiring assistance, or if any alert is false or genuine;
10.1.6. is prohibited to modify or attempt to modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of the Products and Services in any way; test the vulnerability of Company systems or breach any security or authentication measures; or circumvent any technological measure implemented by Company, its partners or any other third party (including another user) to protect the Products and Services;
10.1.7. is responsible for contacting Company if a defect in Products and Services identified that prevents from using the Products and Services
10.1.8. is obliged to indemnify the Company for any and all damages, claims, penalties, or other financial and not financial consequences, that arise due to Client’s breach of conditions, specified in these Terms.
10.2. Wearer:
10.2.1. must obey these Terms and instructions when offering and (or) using the Products and Services;
10.2.2. is solely responsible for the authenticity and correctness of the data entered;
10.2.3. is responsible to keep secure the passwords and other identifying information of Products and Services;
10.2.4. is responsible not to enter any information or data that may not comply with or violate the Terms and (or) applicable law;
10.2.5. is obliged not to remove, change, reproduce, modify, adapt or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Products and Services. Company logos and any other trademarks that may appear on the Products and Services, and the overall look and feel of the Products and Services, including layout, graphics, icons, and scripts, may not be copied, reproduced, adapted, modified, imitated or used, in whole or in part;
10.2.6. is responsible for maintaining the Smart wearable battery and for completing any Smart wearable firmware updates notified in the Mobile application or WEB platform. Wearer acknowledge that the Products and Services will not be available or may be adversely affected if the Smart wearable has no battery or if a firmware update was not completed;
10.2.7. shall not use the Products and Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities;
10.2.8. is responsible for monitoring the activity in Products and Services. Other than where required by law, Company will not monitor any communications from the Smart wearable and will not know if a Wearer is requiring assistance, or if any alert is false or genuine;
10.2.9. acknowledge that Smart wearable is not an emergency service, nor can it be used to contact the emergency services;
10.2.10. is prohibited to modify or attempt to modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of the Products and Services in any way; test the vulnerability of Company systems or breach any security or authentication measures; or circumvent any technological measure implemented by Company, its partners or any other third party (including another user) to protect the Products and Services;
10.2.11. is responsible for contacting its supplier if a defect in Products and Services identified that prevents from using the Products and Services, or at least one part of the system, such as the TeltoHeart, TeltoHeart app, or phone;
10.2.12. is obliged to indemnify the Company for any and all damages, claims, penalties, or other financial and not financial consequences, that arise due to Wearer’s breach of conditions, specified in these Terms.
11. Security matters
11.1. If Smart wearable or the mobile equipment is stolen, damaged, destroyed or lost, Company does not have to give you any refund that you have paid for in advance to use the Products and Services, or for the cost of the Smart wearable or mobile equipment.
11.2. Client and (or) Wearer should contact its supplier for assistance in security matters.
12. Warranties of the Company
12.1. Subject to the Terms set out below, the Company warrants that the Products and Services under these Terms shall be of satisfactory quality at the time of delivery and that the Services will be provided using reasonable care and skill.
12.2. Warranty terms for Services and Products to be applied: to Client - warranty terms are applied as specified https://teltonika-telemedic.com/support/warranty-repair, to Wearer warranty terms are to be applied as under the agreement between Wearer and its supplier.
12.3. If the Product and (or Service) during the warranty period is not compliant with defined quality, with defect or otherwise not compliant with the conditions, warranties, undertakings, Client (Wearer) can make a claim under the Product and service warranty to its supplier.
12.4. Any and all claims regarding the Products and (or) Services should be solved by applying: to Clients - to Company, and to Wearer – to it’ supplier.
13. Disclaimer of Warranties
13.1. CLIENT (WEARER) ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER COMPANY, ITS LICENSORS NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
13.2. THERE IS NO WARRANTY BY COMPANY OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. CLIENT (WEARER) ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
13.3. CLIENT (WEARER) IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO DEVICES, INCLUDING MOBILE DEVICES IN CONNECTION WITH THE SMART WEARABLE OR DATA (INCLUDING LOSS OF DATA), MOBILE APPLICATIONS, SERVICES THAT RESULTS FROM ACCESS OR USE OF THE PRODUCTS And SERVICES.
13.4. THE SOFTWARE AND FIRMWARE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SMART WEARABLE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
14. Limitation of Liability
14.1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY IN THESE CASES.
14.2. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM COMPANY’S NEGLIGENCE) EXCEED THE AMOUNT OF PRICE FOR PRODUCT and 9or) SERVICE.
15. Indemnification
15.1. Client and (or) Wearer agree to indemnify, hold harmless, and release Company, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to: (i) access, use, attempted use, inability to use or misuse of the Products and Services; (ii) violation of any of these Terms; (iii) violation of any third party rights, including without limitation any copyright, property or privacy, intellectual property right; or (iv) any claim that use of the Products and Services caused damage to a third party.
16. Data Processing and protection
16.1. The parties agree that the provisions of this Article 16 shall apply where the parties process personal data in connection with the performance of these Terms. All conditions regarding the data processing and protection are specified in TeltoHeart privacy policy at the web link specified in https://www.Teltocare.com/privacy-policy/
17. Notices
17.1. Any problems (excluding warranty) of Client using the Products and Services should be reported to Company’s support team who will endeavour to help resolve the issue – please contact by:
17.1.1. phone number: +370 52194681;
17.1.2. post: Ukmergės g. 120-1, LT-08126 Vilnius, Lietuva; or
17.1.3. Website: https://teltonika-telemedic.com
17.2. Any problems of Wearer’s using the Products and Services should be reported to its Products and (or) Services provider’s contacts.
17.3. If the Client has purchased the Company’s Products and Services and encounters any issues, they are advised to contact the Company’s helpdesk system through their sales manager. Company helpdesk team will assist the Client in resolving any issues with the purchased Products and Services. The Company strives to provide top-quality service, and Company committed to ensuring that all Company’s Clients receive the support they need. By contacting the helpdesk system, the Client can be assured that their concerns will be addressed promptly and professionally.
17.4. Any notice, regarding the Products and (or) Services must include (a) a description of the claim; (b) a description of the location on Products and Services where the allegedly infringing content is located; (c) your full name, postal address, telephone number, and email address; (d) your physical or electronic signature; and (f) other important circumstances.
18. Dispute Settlement and Governing Laws
18.1. The validation, interpretation, modification, fulfilment, and dispute settlement in regards to use of Products and (or) Services, these Terms are governed by the laws of the republic of Lithuania, and does not regard to its conflicts of law provisions. These Terms after its acceptance shall be considered as valid and binding agreement. If any dispute arises concerning the content or performance of the above-mentioned subjects, the dispute shall be settled through mutual negotiation. In the event that the dispute cannot be settled through negotiation, either the dispute could be submitted to the Lithuanian Courts in Vilnius, which shall have exclusive jurisdiction.
19. General conditions
19.1. Confidential Information means information relating to Products, Services, business, agreements which may from time to time be, or be treated by the Company, as confidential. This will include all trade secrets and intellectual property including without limitation processes, methods, inventions, technical data and know-how. Client and Wearer undertakes to (i) keep the Confidential information strictly confidential, exerting reasonable efforts, to prevent the unauthorized use, dissemination or publication of the Confidential information; (ii) not disclose the Confidential information to any person, and prevent any such disclosure, except as expressly permitted by these Terms, or under applicable law.
19.2. Either party shall be relieved from the performance or punctual performance of any of its obligations under these Terms and such obligations shall be extended by a period reasonable under the circumstances if the performance thereof is prevented or delayed or any cause beyond the affected party's reasonable control (force majeure) which, without in any way limiting the generality of the foregoing, shall include acts of God, any breakdown of plant and machinery, any loss of power (howsoever caused), any strike, extreme weather conditions, lockout or other industrial action or any civil or military unrest or conflict, any failure, disruption or failure of mobile data network providers and their associated facilities. In case of force majeure, the affected party shall promptly notify the other party in writing and furnish all relevant information thereto.
19.3. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver of any breach or default of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
19.4. Company’s failure to insist upon or enforce strict performance of any terms in these Terms shall not be considered a waiver of those terms or any of rights. Additional terms and conditions to access particular sections or functions of the Products and Services may be agreed in writing.
19.5. Company reserves the right, in its sole discretion and without consent or notice in whole or in part to transfer, assign, sublicense Products and (or) or Services to chosen entity.