DigiVis® Terms of Use

for end users

Last updated April 2023
1. **Defined terms and interpretation**
    In these terms: **Application Website** means any of the websites used to host or access the DigiVis® Applications. **Company / we/ us / our** refers to Cambridge Medical Innovation Ltd. (a company incorporated in England No 126353344). **DigiVis® Application(s)** means our proprietary web application software provided as a service under the DigiVis® or associated brands. **Documentation** means all associated content, materials and documentation provided to you through your use of a DigiVis® Application, including any user guide for a DigiVis® Application. **Party** refers to either of you or us as a party to this agreement. **Customer** means the person who, or organisation which, has made a DigiVis® Application available to you. **You / your** means an individual using a DigiVis® application to take a Test . **Support services** refers to support in relation to the use of a DigiVis® Application and the identification and resolution of errors in the Application software, but not including the provision of training services. **Test(s)** means vision, hearing and any other psychophysical tests, other test or interactive questionnaire undertaken by you through a DigiVis® Application.

2. **These Terms** 2.1 This document sets out the Terms of Use (the **Terms**) on which we grant you access to and use of any DigiVis® Application, together with all documentation and any Test results. We license use of the DigiVis® Applications and the Documentation to you on the basis of these Terms. We do not sell the DigiVis® Applications and the Documentation to you and we remain owners of the DigiVis® Applications and the Documentation at all times. 2.2 By clicking ‘I agree’ on the Disclaimer page at the start of a DigiVis® Test and by undertaking the Test, or by entering and using any Application Web site, you agree to be bound by these Terms. 2.3 If you do not agree to be bound by these Terms, you will not be able to proceed to undertake the Test. 2.4 Please read our Privacy Policy to understand how we may process your data when you use any of the DigiVis® Applications and the related Documentation.
3. **Licence** 3.1 In consideration of your agreeing to abide by these Terms, we hereby grant to you a non-exclusive, non-transferable licence to use the DigiVis® Application(s) to which you are granted access, together with the associated Documentation solely for the purpose of taking a Test on these Terms. 3.2 For each DigiVis® Application to which you are granted access, You agree: 3.2.1 not to attempt to access or use the DigiVis® Test Application by any means other than using the activation link provided to you by our Customer; 3.2.2 to use the DigiVis® Application in accordance with the instructions provided during the course of the Test and in the Documentation for that Test; 3.2.3 not to use any Application Website in a way that adversely impacts the site or user access to the site; 3.2.4 not to use any Application Website in a way which is contrary to applicable laws and regulations, or may cause harm to any person or business entity; 3.2.5 that we are giving you personally the right to use the DigiVis® Application and therefore you agree not to copy, sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the DigiVis® Application or the web pages presented during the course of use of the DigiVis® Application to someone else, whether for money, for anything else or for free; except that you may copy a page displaying Test results and send the results of your Test by electronic or physical means as you wish; 3.2.6 not to translate, merge, adopt, vary, alter or modify, the whole or any part of the DigiVis® Application nor permit it or any part of it to be combined with, or become incorporated in, any other programs; 3.2.7 not to disassemble, de-compile, reverse engineer or creative derivate works based on the whole or any part of the DigiVis® Application; 3.2.8 not to ‘crawl’ or attempt to extract information from any Application Website or engage in data mining, data harvesting, data extraction or other similar activity in relation to any Application Website; and 3.2.9 not to alter, edit or adapt or attempt to alter, edit or adapt any Application software, or attempt to decompile or reverse engineer any Application software. 3.3 For each DigiVis® Application to which you are granted access, You must: 3.3.1 not use the DigiVis® Application or any of the Documentation or the results obtained from the Test in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the DigiVis® Application or any operating system; 3.3.2 not infringe our Intellectual Property Rights or those of any third party in relation to your use of the DigiVis® Application or including by the submission of any material or data to the DigiVis® Application; 3.3.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the DigiVis® Application; 3.3.4 not use the DigiVis® Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 3.3.5 not collect or harvest any information or data from the DigiVis® Application or our systems or attempt to decipher any transmissions to or from the servers running the DigiVis® Application.
4. **Data Protection** 4.1 Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, which can be viewed at https://digivis.uk/legal/privacy.html.
5. **Support services** 5.1 If you want to learn more about using a DigiVis® Application or are otherwise having any problems using it, please contact our Customer who will be able to answer any questions that you may have and is able to refer any problems to us. 5.2 Similarly, if you think that a DigiVis® Application is faulty or misdescribed please contact our Customer. We will provide Support Services to our Customer in accordance with the terms of our licence agreement with them. No Support Services are provided directly to end users of the Application(s).
6. **Intellectual Property Rights** 6.1 All Intellectual Property Rights in the DigiVis® Applications and the Documentation through the world belong to us and the rights in the DigiVis® Applications are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the DigiVis® Applications or the Documentation other than to use them in accordance with these Terms.
7. **Changes to these Terms** 7.1. From time to time, we may need to change these Terms to reflect changes in law or best practice or to deal with additional features that we introduce. 7.2 These Terms will display the date on which they were last changed. 7.3 You will be bound by the Terms as published at the time you agreed to them.
8. **Other Websites** 8.1. DigiVis® Applications may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 8.2 You will need to make your own judgment about whether to use such independent sites, including whether to buy or use any products or services offered by them.
9. **Our responsibility for loss or damage suffered by you** 9.1 **Limitations of the DigiVis® Applications.** You acknowledge that: 9.1.1 Tests conducted using DigiVis® Applications are not a substitute for a full history and / or examination by a clinical professional, who will be able to explain the Test results and advise you regarding any prescription or treatment required. We are not therefore liable to you for any action taken (or not taken) based on the results of any Test; 9.1.2 nothing on any Application Website shall be interpreted as advice, whether medical or otherwise; 9.1.3 the DigiVis® Applications have not been developed to meet your individual requirements; 9.1.4 we give no warranty or representation that the Application software will be wholly free from defects, errors and bugs; 9.1.5 we give no warranty or representation that the Application software will be entirely secure or free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and 9.1.6 the Application software is designed to be compatible with a range of computer devices, operating systems and browser software and we do not warrant or represent that the Application software will be compatible with any other devices, operating systems or browser software. 9.2 **We are responsible to you for foreseeable loss and damage caused by us.** If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 9.3 **We do not exclude or limit in any way our liability to you where it would be unlawful to do so.** This includes liability for death or personal injury caused by negligence or the negligence of our employees, agents or subcontractors or fraudulent misrepresentation. 9.4 **We recommend that you keep a copy of your Test results.** 9.5. **We are not responsible for events outside our control.** We are not responsible if our provision of a DigiVis® Application is delayed, interrupted or prevented by an event outside our control.
10. **Your right to use the DigiVis® Application** 10.1 We may end your right to use a DigiVis® Application at any time by contacting you if you have broken these Terms in any serious way. If we end your rights to use a DigiVis® Application and the Documentation you must stop all activities authorised by these Terms, including your use of the DigiVis® Application.
11. **General** 11.1 **We may transfer these Terms to someone else.** We may transfer our rights and obligations under these terms to another organisation. 11.2 **No rights for third parties.** These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. 11.3 **If a court finds part of this contract illegal, the rest will continue in full force.** Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 11.4 **Even if we delay in enforcing these Terms, we can still enforce them later.** If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 11.5 **Which laws apply to these Terms and where you may bring legal proceedings.** These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.