Terms and Conditions of Use

These Terms and Conditions of Use regulate the use of the website owned and operated by ViRe Instruments, S.L. (hereinafter, the "Company"), accessible at the following address: https://vrain-care.com (hereinafter, the "Website").

By browsing this Website, the User (hereinafter, "User") agrees to be bound by these Terms. If the User does not agree to them, they must cease using the Website.

Purpose of the Website

The Website provides information about the Company’s services and products, as well as means of contact for potential clients, collaborators, or interested parties. The Website may also include contact forms, blog articles, or downloadable resources for informational purposes.

Charges

If any, the User is responsible for payment of all costs or expenses incurred as a result of accessing and using the Product, including any carrier network or roaming charges. Check with your service provider for details.

Statistics

The Company does not intend to carry out any type of statistics, not even anonymously, regarding the monitoring of your activity on the Website. At most, the only statistic that would be carried out would be the counter of the number of times it is accessed.

Protecting Users Personal Information

We want to help Users to take all the necessary steps to protect their privacy and information. Please refer to the Company’s Privacy Policy to learn about what type of information the Company collects and the technical and organizational measures the Company takes to protect your personal information. As part of these Terms and Conditions, the use of the Website is subject to the Company´s Privacy Policy.

The Website stores and processes personal data that the User might have provided to the Company. It’s Users’ responsibility to keep their devices and access to the Website secure. The Company therefore recommends that Users do not jailbreak or root their device, which is the process of removing software restrictions and limitations imposed by the official operating system of his/her device. It could make Users ‘devices vulnerable to malware/viruses/malicious programs, compromise their device’s security features and it could mean that the Website won’t work as intended.

The User undertakes not to use the Website in a manner that may interfere with its normal functioning, damage, disable or overload it, or prevent other Users from using it. It is forbidden to alter or manipulate any element of the Website, or to use it for purposes that are unlawful, fraudulent, harmful to the rights or interests of the Company or third parties, or for unauthorized commercial or promotional purposes.

Prohibited conduct

use any device, routine or software that interferes, or attempt to interfere, with the proper working of the Website;
engage in any action that requires, or may require, an unreasonable or excessively large load on the Company´s infrastructure;
use the Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use the PWebsite to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
interfere with the display of any advertisements appearing on or in connection with the Website;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on the Website;
reproduce, duplicate, copy or store any of the material appearing on this site other than for users´ own personal and non-commercial use;
falsely imply that any other platform is associated with the Website;
do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in the Website;
use or exploit any of the material appearing on the Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with the Website;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent;
use the Website to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Company or any of its staff into disrepute.

The User indemnifies and holds harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that the User submits, posts, transmits or otherwise makes available through the Webiste;
his/her use of, or connection to, the Website; or
his/her negligence or misconduct, breach of these Terms and Conditions or violation of any law or the rights of any person.

The Website and its contents (texts, photographs, graphics, images, technology, software, links, contents, graphic design, source code, etc.), as well as the trademarks and other distinctive signs are the property of the Company or third parties, and the User does not acquire any rights over them by the mere use of the Website. The User must refrain from:

Reproduce, copy, distribute, make available to third parties, publicly communicate, transform or modify the Website or its contents, except in the cases contemplated by law or expressly authorized by the Company or by the owner of said rights.
Reproducing or copying the Website or its contents for private use, as well as publicly communicating them or making them available to third parties when this entails their reproduction.
Extract or reuse all or a substantial part of the content of the Website.

These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

In these Website Terms and Conditions, the term “Proprietary Content” means:

the Website;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this website, and the selection and arrangement thereof); and
all software, systems and other information owned or used by the Company in connection with the Website.

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by European Union and international copyright laws. The User must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms and Conditions or with the prior written consent of the Company or other copyright owner (as applicable).

Users may access and use content from the Website only for their own professional or personal use provided that they all do not remove or modify any copyright, trademark or other proprietary notices.

If the User believes that the Website contains any material that infringes upon any copyright that he/she holds or controls, or that users are directed through a link on this Website to a third party platform that he/she believes is infringing upon any copyright that he/she holds or controls, the User may send a notification of such alleged infringement to the Company in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, the Company will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to the Company in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to the Company in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, the Company may restore any removed or blocked material at its discretion. If the original notifying party files such a legal action, the Company will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer

The Company provides its service to the USER as an "AS IS" AND "AS AVAILABLE" BASIS and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors or beneficiaries and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the company makes no warranties or undertakings, and makes no representation that its service will meet the User´s requirements, achieve the intended results, be compatible or function with any other software, application, system or service, operate without interruption, meet performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its licensors, nor the Company's suppliers make any representations or warranties of any kind, express or implied: as to the operation or availability of its service, or the information, content, and materials or products included therein; (ii) that its service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through its service; or (iv) that its service, its servers, content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to the User. But in such case, the exclusions and limitations set forth in this section shall apply to the fullest extent enforceable under applicable law.

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to the User or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of this site by you or any other person.

It is the User's responsibility, in any case, to have adequate tools for the detection and disinfection of malicious programs or any other harmful computer element. The Company is not responsible for any damage caused to computer equipment during the use of the Website. Likewise, the Company will not be responsible for damages caused to Users when such damage is caused by failures or disconnections in the telecommunications networks that interrupt the service.

DISCLAIMER. The products on this Website and any associated software or content are not medical devices and are not intended for medical diagnosis, treatment, or decision-making. The information and visualizations provided are for educational, research, or informational (patient empowerment) purposes only. The products on this Website do not replace professional medical advice, diagnosis, or treatment. Users should always seek the advice of a qualified healthcare provider with any questions regarding medical conditions. Under no circumstances should the products on this Website be used to make clinical decisions or substitute professional medical judgment. By using the products on this Website, you acknowledge and agree that the products are not certified as medical devices and are not compliant with regulations governing medical devices, such as those issued by the FDA or other regulatory authorities.

IMPORTANT: The Company may, without any obligation to you, modify these Terms and Conditions at any time without notice. If you continue to use the Website after any modifications to these Terms and Conditions have been made, his/her continued use will constitute his/her acceptance of such modifications. If the User do not agree to or be bound by these Terms and Conditions, he/she must not use the Website or access or use any related software. His/her use of the Website is at his/her sole risk. The Company has no liability whatsoever for the deletion or inability to store or transmit any content or other information maintained or transmitted by the Website. The Company is not responsible for the accuracy or reliability of any information or advice transmitted through theWebsite. The Company is not responsible for the type of information, or the form or manner in which it is uploaded, by the companies licensed for their use. The Company may, at any time, limit or discontinue the User´s use in its sole discretion. To the fullest extent permitted by law, in no event will we be liable for any related loss or damage.

The User undertakes to make correct use of the Website, in accordance with the Law, with these Terms and Conditions and with the other regulations and instructions that, where applicable, may be applicable. The User shall be liable to the Company and against third parties for any damages that may be caused by non-compliance with these obligations.

Translation Interpreting. These Terms and Conditions may have been translated if the Company has made them available to the User on its service. You agree that the original Spanish text shall prevail in the event of a dispute.

Severability and Waiver. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and construed to achieve the objectives of such provision to the fullest extent possible under applicable law and the remaining provisions shall continue in full force and effect. Further, and except as provided herein, a failure to exercise a right or enforce an obligation under these Terms shall not affect a party's ability to exercise such right or enforce such right at any time thereafter nor shall a waiver of a breach constitute a waiver of any subsequent breach.

Governing Law. These Terms and Conditions are governed entirely by Spanish law. For the resolution of any dispute relating to its interpretation or application, the User agrees to first attempt to resolve the dispute informally by contacting the company. In the event that it is unsuccessful, they expressly agree to submit to the jurisdiction of the courts of Barcelona (Spain).

Contact us

If the User has any questions about these Terms and Conditions, you can contact us by email: legal@vrain-medical.com