Terms & Conditions
GENERAL
We are VRsteps, a platform and service operated by VR STEPS Ltd., and we provide physiotherapists and clinics (“Therapists”) a software platform as service (SaaS), helping such therapists treat their patients (“Patients”) remotely, through providing virtual exercises and feedback in the apps for patients and remote monitoring and feedback capabilities in the web dashboard for Therapists (“Services”).
When we use the terms “we,” “us,” “our” or “VRsteps”, we refer to us, and when we use the terms “you,” “your” or “yours” we refer to you, a Patient or Therapist, who is interested using our virtual rehabilitation platform, so we can provide the Services, and for the purpose of completing certain details regarding the Patient or Therapist (and in such event, these Terms and our Privacy Policy shall apply to you, mutandis mutatis).
The Services are being provided to Therapists using our proprietary system, which collects information about Patients activities, allows creating exercises for them using our virtual exercise creator (“Creator”) and offer them for other users (Patients and Therapists) in our marketplace (“Marketplace”) and earn usage fees paid through VRsteps. Our interaction with you is made through emails sent to you, by us or by other platform users, and through our website, to which you will be able to conduct video, image and textual chat (our website, and such emails, collectively, “Platforms”). Recommendations made by the System are influenced by information received from Therapists and Patients, via the Platforms.
Your use of the System and the provision of such information, are subject to these Terms and Conditions (these “Terms”) and to our end user Privacy Policy.
These Terms are a legally binding agreement between you and us. As part of these Terms, you agree to our Privacy Policy, which is incorporated by reference into these Terms. We may revise these Terms or our Privacy Policy at any time, by publishing revised versions through the Platforms. If you access or use the Platforms or continue accessing or using the Platforms after being notified of a change to these Terms or our Privacy Policy, you confirm that you have read, understand and agree to be bound thereby. Since these Terms are binding upon you, we recommend you read through and become thoroughly familiar with each such amendment.
USE
You may use the Platforms for the purpose of interacting and providing information to VRsteps, in connection with your Patients; any other use is prohibited. VRsteps reserves all other rights. If you agree to be bound by and comply with these Terms and the Privacy Policy, you have the right to use the Platforms; otherwise you may not use the Platforms, in whole or in part.
RESTRICTIONS
Without derogating from the generality of the foregoing, we stress that you may not: (a) use the Platforms through the use of web scrapers, bots, or other automated, digital or non-human program or if you are acting on behalf of a competing software company or entity; (b) use the Platforms if your age is less than 18 years old, or if you have not reached the age of majority where you live, if that is more than 18 years of age. However, subject to any restriction that apply in your jurisdiction, if you are under 18 or have not reached such age of majority, your parent or legal guardian may be able to accept these Terms and the Privacy Policy on your behalf, and thereafter you may be eligible to use the Platforms; (c) work around any technical limitations of the Platforms; (d) modify, reverse engineer or otherwise alter the Platforms; (e) use the Platforms in any way prohibited by law, regulation, governmental order or decree, or if you are not in full compliance with the terms of the Third-Party Policies (as such term is defined below); (f) use the Platforms to: (i) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) engage in activity that is false or misleading, or that is harmful to you, others, VRsteps or the Platforms (e.g., transmitting viruses, communicating hate speech, or advocating violence against others); (iii) share inappropriate content, advertising, spam, spyware or malware; (iv) gain (or attempt to gain) unauthorized access to any service, data, account or network by any means; (v) infringe upon the rights of others; (vi) circumvent or make any unauthorized use of VRsteps’ systems or Platforms; or (vii) remove, modify, or tamper with any notice or link that is incorporated into the Platforms; and/or (viii) do any of the foregoing to access or use the Services, designated specifically for Therapists only.
UNIQUE IDENTIFIER
Before you use the Platforms, VRsteps will need to confirm your identity. This process will be done by using identifiers produced through a standard registration process which VRsteps will ask you to undergo (in which you may be asked to provide your email address, telephone number, and/or to choose a password) (such login details, names and passwords (including any Platform login details) shall be collectively referred to herein as: “Identifiers”). Identifiers are used to create your profile with VRsteps, to secure your login into the Platforms, and to aggregate and track your transactions and interactions with the Platforms. You agree not to share the Identifiers with any third party and to keep the Identifiers confidential. You will be fully responsible for any inappropriate or prohibited actions taken through the use of your Identifiers and any liability or damages caused due to or in connection with any failure to comply with the foregoing.
COMPLIANCE WITH THIRD-PARTIES TERMS
VRsteps also uses third party infrastructures, technologies, and services to communicate with you, to make the Platforms available to you, and to provide the Services to Therapists. Such infrastructure, technologies, and services are owned and operated by third party entities such as Chimpmail, Google, your mobile network operator, and others. VRsteps facilitates such infrastructure and technologies through designated APIs and SDKs (software development kits) to run, maintain, and make the Services and the Platforms available (collectively, “Third-Party Providers”). Before you login and exploit the Platforms to use and communicate with VRsteps, it is likely that the Third-Party Providers will request your consent and agreement to their respective terms of use and privacy policies (“Third-Party Policies”). You must provide such acceptance before you can use the Platforms and you must always comply with the terms of such Third-Party Policies. VRsteps is not responsible for the content of such Third-Party Policies, or for the compliance of such Third-Party Providers with any law or regulation. VRsteps is also not responsible for how such Third-Party Providers use any information you share with them outside of the Platform. We encourage you to review any legal document or information provided to you by the Third-Party Providers, and in particular to learn how Third-Party Providers use and share your information with other third parties.
YOUR CONTENT AND INFORMATION YOU PROVIDE TO VRsteps
To provide the Services to Therapists, VRsteps will need to obtain information about you. VRsteps obtains such information directly from you when we communicate through the Platforms and from third-parties you will direct refer to VRsteps for such purposes. You understand that VRsteps will collect, store, alter, and share the information it receives from and about you, either directly from you, when you use and interact with the Platforms and from such third-parties, and you consent to the collection, storage, and alteration of such information, as is necessary and appropriate to provide the Services to Therapists, all subject to the terms of the Privacy Policy.
By providing VRsteps with your affiliates’, friends’, managers’, colleagues’ and/or other third-parties’ email addresses, phone numbers and/or any other identifiable information, you warrant and represent that you have the right and power, and that you have received the explicit written permission of any such third-party, to the provision of such third-party information and contact details to VRsteps, and you acknowledge that by using the Platform, such third-parties may be exposed to the fact that you using VRsteps services. VRsteps shall not be liable for such third-parties under the Israeli telecommunication law and/or any “spam protection law”, for sending any telecommunications to such third-parties.
Subject to the terms of the Privacy Policy and the Third-Party Policies, You grant VRsteps an irrevocable, worldwide, assignable, sub-licensable right and license to use and exploit any content and information that you submit or transmit via the Platforms, or that is transferred from the Platforms to VRsteps, as is necessary for VRsteps to provide the Services to Therapists and you make the Platforms available to you. Information obtained from you is subject to these Terms (including to our Privacy Policy).
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that: (a) the Services and the Platforms contain proprietary and confidential information of VRsteps and its licensors, such that is protected by applicable intellectual property and other laws, and (b) VRsteps and its licensors own all rights, titles and interests in and to the Platforms and the Services, their content, trademarks, marks, service marks, symbols, icons, logos, shapes and designs, including and without limitation all Intellectual Property Rights therein. “Intellectual Property Rights” means, any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to: (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Platforms or content that may be presented or accessed through the Platforms for any purpose; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed, or enforced by any functionality (including without limitation digital rights management functionality) contained in the Platforms; (c) use the Platforms to access, copy, transfer, transcode, or retransmit content in violation of any law or third party rights; or (d) remove, obscure, or alter VRsteps’ or any of its licensors’ copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platforms.
These Terms do not convey to you an interest in or to the Platforms, but only a limited right of use of the Platforms, revocable in accordance with the terms and conditions of these Terms. Nothing in these Terms constitutes a waiver on behalf of VRsteps of any Intellectual Property Right.
VRsteps FEES
It is being disclosed that we may resolve, in our discretion, to charge fees from Therapists in connection with your engagement with such Therapists or otherwise, without providing you any notice.
TERMINATION
If VRsteps believes that you are making unauthorized use of the Platforms or that you are otherwise in violation of these Terms, it may suspend or terminate your access to Platforms, with or without notice, or take any other actions permitted herein or under the law. Such action may result in a loss of your data. Furthermore, VRsteps may terminate or suspend the Platforms, with or without reason or notice as it deems necessary or appropriate.
SUPPORT SERVICES
Generally, VRsteps does not provide any support services. However, you may contact VRsteps to determine if you are eligible to receive any support services. Entitlement is subject to VRsteps’ absolute discretion, and determined on a case-by-case basis.
DISCLAIMERS; WAIVERS
The Services provided to Therapists, and the Platforms made available to you, are in their “beta” versions, and are provided “as is”, “with all faults and errors” and “as available”. You bear the risk as to its quality and performance. VRsteps gives no express, implied and statutory warranties, or guarantees in relation to the Services, the Platforms, and/or your usage of the Platforms. Statutory warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, as well as any warranties regarding security, reliability, timeliness, accuracy, and performance of the Services or the Platforms, are also expressly disclaimed, to the fullest extent permitted by law. Without derogating from any of the aforesaid, you acknowledge and agree that VRsteps is not and shall not be responsible for the availability of the Platforms or any Third-Party Providers’ infrastructure or services, nor shall VRsteps be responsible or liable for any damage caused to you due to any act or omission on behalf of such Third-Party Providers or your use of their services.
You understand that the Platform and the Services rendered to the Patient include the “adjusted” treatment based on his/her medical condition, based on information you provide to VRsteps and based on information provided by third-parties you have directed VRsteps to, as mentioned above.
VRsteps does not provide any sort of insurance to it’s users, neither individual patients nor Therapists using the platform and sending exercises through it, and under no circumstances can be responsible for an individual’s injury due to wrong usage or exercising in unsafe conditions. We urge our users to follow our safety recommendations, practice slow and on safe ground and follow the Therapist’s instructions.
LIMITATION OF LIABILITY
Under no circumstances shall VRsteps be liable towards you for direct, indirect, incidental, punitive, exemplary, special, consequential or exemplary damages (including loss of use, data, business or profits), resulting from any aspect of your use of the Platforms or from the access and use by any Therapist or Patient of the Services, including, without limitation, injuries and damages that may arise from use or misuse, or reliance on, or inability to use the Services and/or the Platforms or which may arise from any error or bug therein, and/or damages that may arise from the interruption, suspension, modification, alteration, or termination of the Services and/or the Platforms – with respect to all – whether such liability arises from a claim based upon contract, tort or otherwise, and whether VRsteps has been advised of the possibility of such damages.
INDEMNIFICATION
You undertake to indemnify and hold harmless VRsteps and its subsidiaries, affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney’s fees and costs of litigation, caused as a result or in relation to your breach of these Terms and/or your use of the Services.
GOVERNING LAWS AND JURISDICTION
Other than explicitly provided herein, these Terms (including the Privacy Policy) shall be treated as though executed and performed in the State of Israel, and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles). Any claim that you may have with respect to these Terms must first, and before taking any other legal action, be submitted to VRsteps in the form of a complaint (to: [email protected]), to enable the parties to resolve the claim in a friendly and effective manner. The competent courts located in Tel-Aviv, Israel, shall have exclusive jurisdiction over any conflict or dispute arising out of these Terms (including the Privacy Policy).
ASSIGNMENT
VRsteps is operated by VR STEPS Ltd., and its rights and obligations herein (including the Privacy Policy) shall be assigned to a separate entity. VRsteps may further assign, at its sole discretion, these Terms (including, for removal of doubt, the Privacy Policy), or any of its rights and/or obligations hereunder and/or thereunder, to any third party, without giving you prior notice and without your consent. In any event of assignment as aforesaid, all the provisions of these Terms (including under the Privacy Policy) shall apply to the assigned party, mutatis mutandis.
SURVIVING SECTIONS
The Sections titled “Disclaimers; Waivers,” “Limitation of Liability,” “Indemnification,” “Intellectual Property Rights,” and “Governing Law and Jurisdiction” and the other provisions herein that preserve VRsteps’ rights in and with respect to the Services and/or Platforms, will survive any termination or expiration of these Terms.
OPERATOR
VR STEPS Ltd. (incorporated in Israel) is the operator of VRsteps, and a beneficiary under these Terms, and may enforce all of the rights of VRsteps hereunder, and demand that all of your obligations herein may be exercised. Subject only to the terms of VR STEPS Ltd.’s agreement with VRsteps, VR STEPS Ltd. may also exercise for its benefit any right granted to VRsteps under these Terms, and it shall be considered as a third-party beneficiary hereunder, including, and without limitation, under the Sections titled “Disclaimers; Waivers,” “Limitation of Liability,” “Indemnification” and “Governing Law and Jurisdiction” shall apply towards VR STEPS Ltd.
ENTIRE AGREEMENT
These Terms and our Privacy Policy are the entire agreement between you and VRsteps and replace any prior agreement or understanding between you and VRsteps in relation to the Platforms and the Services provided to Therapists. Any waiver of any provision of these Terms, will be effective only if in writing and signed by the waiving party.
We DO NOT keep any private information!
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below:
VR STEPS Ltd.
HaAtzmaut 40, Beersheba
Israel
Last Edited on 2023-11-14