Vintens Compression App End User License Agreement

END USER LICENSE AGREEMENT VINTENS® COMPRESSION APP

This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and HARTMANN USA, Inc., 481 Lakeshore Parkway, Rock Hill, SC 29730 USA ("Company"). This Agreement governs your access to and use of the Vintens Compression APP on the IOS and Android platform, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND DO NOT HAVE ANY COGNITIVE, LEARNING, OR INTELLECTUAL DISABILITIES THAT WOULD IMPAIR YOUR ABILITY TO USE THE APPLICATION; (C) CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

COMPANY RESERVES THE RIGHT TO MODIFY THIS AGREEMENT WITH OR WITHOUT PRIOR NOTICE. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN COMPANY POSTS THEM AND APPLY TO ALL ACCESS TO AND USE OF THE APPLICATION THEREAFTER. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING THE POSTING OF THE REVISED AGREEMENT MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES.

DO NOT USE THE APPLICATION IN AN EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO DIRECTLY TO THE CLOSEST EMERGENCY ROOM.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, AND THAT THE APPLICATION CANNOT REPLACE THE JUDGMENT OF CLINICAL PERSONNEL OR PERFORMING ANY CLINICAL ASSESSMENT.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION CAN NOT AND MAY NOT UNDER ANY CIRCUMSTANCES BE RELIED UPON AS MEDICAL ADVICE.

1. Content and Services.

   The Vintens Compression App provides guidance and tools tailored to the patient’s current condition. The guidance and tools focus on three key aspects that are amenable to patient self-management:

   Coupled with the Healthcare Professional’s prescribed treatment plan, the Vintens Compression App enables a patient’s targeted self-management of Chronic Venous Insufficiency symptoms and encourages continued adherence to the contents of the plan.

2. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, nontransferable, and revocable license to:
   1. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation;
   2. access and use on such Mobile Device and the Content and Services (as defined in Section 1) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.
3. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
   1. copy the Application, except as expressly permitted by this license;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
   6. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
   7. use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
   8. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
   9. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;
   10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
   11. use the Application in an emergency.
4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company and third parties, e.g. your app platform service provider, may use automatic means to collect certain information about your mobile device (device ID), internet connection, operating system or token within the QR code scan. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application and all of its functions. All information we collect or you provide through or in connection with this Application is subject to our Privacy Policy and, as the case may be, to the privacy policies of third parties, to the extent third parties also receive information. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
6. Geographic Restrictions. The Content and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
   1. the Application will automatically download and install all available Updates; or
   2. you may receive notice of or be prompted to download and install available Updates.

   You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. Term, Termination and Modifications Agreement.
   1. The term of Agreement commences when you install the APPLICATION and will continue in effect until terminated by you or Company as set forth in this Section 7.
   2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
   3. Company may modify or discontinue the APPLICATION, or change this Agreement, subject to prior reasonable notice, in compliance with applicable law. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
   4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
   5. Termination will not limit any of Company's rights or remedies at law or in equity.
   6. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
9. Disclaimer of Warranties. TTHE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
    1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the information you provide through or in connection with this Application.
12. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in Rock Hill, York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Entire Agreement. This Agreement, application´s documentation and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
17. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

• Increasing patient adherence to compression and skin-care measures by:
  • helping patients with their compression product
  • helping patients self-assess their skin condition
  • guiding patients towards increasing the wearing time of their compression product

• Increasing the patient’s physical activity by:
  • providing physical training exercises adapted to the patient’s condition
  • suggesting various small-movement routines
  • guiding patients towards regular walks

• Improving the patient’s health literacy by:
  • providing helpful information on venous diseases in general, and on key aspects of the patient’s diagnosed condition
  • providing content on risk factors, such as smoking and obesity