TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We are (Company’ ‘we’ ‘us’ or ‘our’) operate the website (the ‘Site’), the mobile application Virtual Bones (the ‘App’) as well as any other related products and services that refer or link to these legal terms (the Legal Terms) (collectively the Services) You can contact us by email at info@virtuabones.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and concerning your access to and use of the service. You agree that by accessing the service, you have read, understood and agreed to be bound by all of these Legal Terms.  IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES

AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the last updated date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

CONTENTS

1 OUR SERVICES

2 INTELLECTUAL PROPERTY RIGHTS

3 USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. CONTRIBUTION LICENCE

7. MOBILE APPLICATION LICENCE

8. THIRD-PARTY WEBSITES AND CONTENT

9. PRIVACY POLICY

10. TERM AND TERMINATION

11. GOVERNING LAW

12. DISCLAIMER

13. LIMITATIONS OF LIABILITY

14. INDEMNIFICATION

15. USER DATA

16. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction of the country. Accordingly, those persons who choose to access these Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. If and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

The App/website and its content, including but not limited to software, code, graphics, text, images, designs, logos, trademarks, and copyrights, are the property of OrthoBones LTD and are protected by applicable intellectual property laws.

The users acknowledge that any unauthorized use or reproduction of the App/website or its content may constitute a violation of intellectual property laws and may result in legal action.

The users agree not to reproduce, distribute, modify, transmit, or create derivative works from any part of the App/website or its content without prior written consent from Virtual Bones. Any such use or reproduction shall be deemed to be a breach of these terms and conditions and may result in legal action.

The users agree not to use any trademarks, logos, or service marks displayed on the App/website without prior written consent from Virtual Bones or the respective owners of such marks.

The users acknowledge that any violation of this Intellectual Property Clause may result in legal action, damages, and/or injunctive relief and that Virtual Bones may pursue any and all legal remedies available to it.

Contribution

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (Contribution), you agree to assign to us all intellectual property rights in such Contribution. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise without acknowledgement or compensation to you.

You are solely responsible for your Contributions and you expressly agree to reimburse us forany and all losses that we may suffer because of your breach of (a) this section, (b) any third

party’s intellectual property rights or (c) applicable law.

3. USER REPRESENTATIONS

By using this website or mobile application, you represent and warrant that:

  1. You are at least 18 years of age or have reached the age of majority in your jurisdiction.
  2. You have the legal capacity to enter into this agreement and to use this website or mobile application in accordance with its terms.
  3. You will not use this website or mobile application for any unlawful purpose, including but not limited to violating any intellectual property rights or engaging in any activity that would constitute a criminal offence.
  4. You will not engage in any conduct that could damage, disable, overburden, or impair this website or mobile application, including but not limited to transmitting any viruses, malware, or other harmful code.
  5. You will not provide false, misleading, or inaccurate information when creating an account or using this website or mobile application.
  6. You will not attempt to gain unauthorized access to any part of this website or mobile application, including but not limited to other users’ accounts, or to any servers, networks, or databases related to this website or mobile application.
  7. You will comply with all applicable laws and regulations, including but not limited to those related to online conduct, data privacy, and intellectual property.

By using this website or mobile application, you acknowledge and agree that any breach of the above representations and warranties may result in the termination of your account and/or the restriction or suspension of your access to this website or mobile application.

4. USER REGISTRATION

In order to access and use our website, you may be required to register for an account. By registering for an account, you agree to provide accurate, complete, and up-to-date information about yourself as prompted by the registration form, and to maintain and promptly update this information as necessary.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse registration or suspend or terminate your account at any time and for any reason, including if we believe that you have violated these Terms of Service or applicable laws or regulations.

By registering for an account, you agree to comply with all applicable laws and regulations, as well as these Terms of Service and any additional terms and conditions that may be provided to you from time to time. You also agree to abide by our rules and guidelines for user behaviour on the website, as outlined in these Terms of Service and any other policies or guidelines that we may provide.

We may use your registration information in accordance with our Privacy Policy. By registering for an account, you consent to our use of your information as described in the Privacy Policy.

If you have any questions or concerns about user registration or these Terms of Service, please contact us at info@virtualbones.com.

5. PROHIBITED ACTIVITIES

In compliance with the terms and conditions of this agreement, it is hereby expressly stated that the user shall not access or utilize the Site for any purposes other than those which have been specifically authorized by the Site. As a user of the Site, you agree to refrain from making any improper use of our support services or submitting false reports of abuse or misconduct. Additionally, you agree to use the Site in strict adherence with all applicable laws and regulations and to refrain from deleting any copyright or other proprietary rights notice from any Content. You are further prohibited from attempting to impersonate another user or person, or from using the username of another user. Additionally, you agree not to use the Site as part of any effort to compete with us, or otherwise use the Site and/or Content for any revenue-generating endeavour or commercial enterprise. Finally, you are expressly prohibited from selling or otherwise transferring your profile.

6. CONTRIBUTION LICENCE

By contributing to this mobile application/website, you agree to license your contribution under the same license as the application itself and to allow the application maintainers to relicense your contribution under different licenses if necessary. You also agree that your contribution does not infringe any third party intellectual property rights or violate any applicable laws or regulations.

In addition, you grant the application maintainers a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, and sublicense your contribution, along with the right to incorporate the contribution into the application and any derivatives thereof.

This license is granted without any warranty, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The application maintainers will not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising from your contribution or the use or inability to use the contribution.

You acknowledge that the application maintainers have the right to remove or reject any contribution for any reason and that the decision to accept or reject a contribution is entirely at their discretion.

By contributing to this mobile application, you agree to abide by these terms and conditions. If you do not agree to these terms and conditions, you may not contribute to the mobile application.

7. MOBILE APPLICATION LICENCE

By downloading and using this mobile application, you agree to be bound by this license agreement. This agreement governs your use of the mobile application, including any updates or upgrades that may be provided to you.

License Grant:

Subject to the terms and conditions of this agreement, the owner of this mobile application grants you a limited, non-exclusive, non-transferable, revocable license to use the mobile application for your personal, non-commercial use only. You may not modify, reverse engineer, decompile, or disassemble the mobile application in any way.

Ownership:

This mobile application and its content, including but not limited to text, graphics, images, and software, are the property of the owner of this mobile application and are protected by copyright and other intellectual property laws. You may not use or reproduce any part of the mobile application or its content without the owner’s express written consent.

Use Restrictions:

You may not use this mobile application for any illegal or unauthorized purpose. You may not use the mobile application in any manner that could damage, disable, overburden, or impair the mobile application or its servers, or interfere with any other party’s use and enjoyment of the mobile application.

Termination:

The license granted under this agreement is effective until terminated by either party. The owner of this mobile application may terminate your license at any time without notice or cause. Upon termination, you must immediately cease all use of the mobile application and delete it from your device.

8. THIRD-PARTY WEBSITES AND CONTENT

Our website/mobile application may contain links to third-party websites, and our services may incorporate third-party content. We do not endorse or control these third-party websites or content, and we are not responsible for their accuracy, completeness, legality, or availability.

Use of Third-Party Websites:

If you choose to access third-party websites linked to or from our website, you do so at your own risk. We encourage you to read the terms and privacy policies of these third-party websites before providing any personal information or using their services.

Third-Party Content:

Any third-party content incorporated into our services is provided for your convenience and information only. We make no representations or warranties about the accuracy, completeness, legality, or availability of any third-party content, and we disclaim any liability for any harm resulting from your use of or reliance on any third-party content.

9. PRIVACY POLICY

We respect your privacy and are committed to protecting it. This privacy policy explains how we collect, use, and safeguard your personal information when you use our website or services.

Information We Collect:

We may collect personal information, such as your name, email address, and other contact information when you interact with our Services. We may also collect non-personal information, such as your IP address, browser type, and operating system, for analytical purposes.

How We Use Your Information:

We may use your personal information to communicate with you, provide services to you, or respond to your inquiries. We may also use your personal information for marketing purposes, such as sending you newsletters or promotional emails, but only if you have given us permission to do so.

How We Protect Your Information:

We implement security measures to protect your personal information from unauthorized access or disclosure. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security.

Sharing of Information:

We may share your personal information with third-party service providers who assist us in providing services to you. We may also share your personal information to comply with legal requirements or to protect our rights or the rights of others.

10. TERM AND TERMINATION

This agreement (“Agreement”) between you and Virtual Bones (“Company”) is effective immediately upon your access or use of Service. This Agreement will remain in effect until terminated by either party.

You may terminate this Agreement at any time by discontinuing the use of the Service.

The Company reserves the right to terminate this Agreement or suspend your access to the Service immediately without notice for any reason, including, but not limited to, a breach of this Agreement, violation of any applicable laws or regulations, or unauthorized use of the Service.

Upon termination, you must immediately cease all use of the Service and delete all materials obtained from the Service. The Company reserves the right to remove any user-generated content from the Service at its sole discretion.

All provisions of this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Company may also, in its sole discretion, modify or discontinue the Service or any part thereof without notice, at any time and for any reason. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

If you have any questions or concerns about this Term and Termination clause, please contact us at info@virtuabones.com.

11. GOVERNING LAW

This agreement will be governed by and construed in accordance with the laws of the jurisdiction in which the owner of this mobile application/service is located. Any disputes arising out of or in connection with this agreement will be resolved exclusively by the courts of that jurisdiction.

12. DISCLAIMER

The following disclaimer applies to the use of this website/mobile application (“Service”) and all content, services, and products available through the Service. By using this Service, you agree to this disclaimer in full. If you do not agree to this disclaimer or any part of it, you must not use this Service.

The content on this Service is provided for informational purposes only and is not intended to be a substitute for professional advice, diagnosis, or treatment. The Service does not provide medical, legal, or financial advice, and the information should not be relied upon for any purpose.

The Service makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.  

In no event will the Service be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Service.

The Service reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site or any part of it with or without notice, at any time and for any reason. The Site may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

The Site contains links to third-party websites, which are not under the control of the Site. The Site has no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

Every effort is made to keep the Site up and running smoothly. However, the Site takes no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.

This disclaimer shall be governed by and construed in accordance with the laws of the jurisdiction in which the Site operates, and any disputes arising from or related to the use of the Site shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

If any provision of this disclaimer is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

If you have any questions or concerns about this disclaimer, please contact us at info@virtuabones.com.

13. LIMITATIONS OF LIABILITY

You acknowledge and agree that the use of our app/website is at your own risk. We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our app/website.

In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you, if any, for accessing our app/website.

We do not warrant that our app/website will be uninterrupted or error-free, that defects will be corrected, or that our app/website or the servers that make it available are free of viruses or other harmful components.

You acknowledge that the limitations set forth in this clause are fundamental elements of the agreement between you and us, and the app/website would not be provided to you without such limitations.

14. INDEMNIFICATION

By using this Site, you agree to defend, indemnify, and hold harmless the Site, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to, your user submissions, any use of the Site’s content, services, and products other than as expressly authorized in these terms or your use of any information obtained from the Site.

15. USER DATA

We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

16. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding

the use of the Services, please contact us at:

info@virtuabones.com.