Please read this EULA carefully because it contains (i) important information about your license to use VERVIG, (ii) warranty information, and (iii) liability disclaimers.
This End-User License Agreement (the “EULA”) is a legally binding agreement between an individual user or a single entity (the “User”) accessing and using the web-based medical records management platform Vervig, including all related software and services (collectively, “VERVIG”), and Vervig Limited having a registered place of business at 18 Athol street, Douglas, IM1 1JA, Isle of Man (the “Supplier”) (collectively, the “Parties”). The EULA governs User’s use of VERVIG and the related services provided by the Supplier.
1.1. VERVIG is a web-based medical records management system that assists hospitals and other types of healthcare service providers in creating, storing, managing, and accessing their patients’ medical records.
1.2. VERVIG is not marketed to persons under the age of 18 and should not be used by such persons.
1.3. Although the Supplier may monitor VERVIG from time to time, the Supplier cannot guarantee neither the accuracy, reliability, currency, relevance, and completeness of the information available on VERVIG nor the information provided by the Supplier nor by any third parties.
1.4. VERVIG may contain links to websites, services, and other online sources owned and operated by third parties. The Supplier is not responsible or liable in any manner for: (i) the content of such third-party links and information; and (ii) the security and privacy practices used by the operators of third-party websites and services. The User shall exercise due diligence before clicking on any third-party links.
1.5. Other terms and conditions that govern User’s access and use of VERVIG and should be read and interpreted together with the EULA are:
i. VERVIG privacy policy available at https://vervig.com/privacy;
ii. VERVIG data processing agreement available at https://vervig.com/dpa
iii. Other individual terms and conditions made available on VERVIG.
2.1. By clicking on the button “accept” under this EULA, the User confirms that the User has read the EULA, accepts the terms of the EULA, and agrees to become legally bound by it.
2.2. If the User is entering into the EULA on behalf of a company or other legal entity, the User represents that the User has the authority and the necessary capacity to bind such entity and its affiliates to the terms of the EULA.
2.3. If the User does not have the authority specified in Section 2.2 above or if the User does not agree with one or more provisions of the EULA, the User is not allowed to access, install, or use VERVIG, and the User must not accept the EULA.
2.4. By using VERVIG, the user acknowledges, agrees, and warrants that the User:
i. Will comply with the terms of the EULA and all applicable local, state, national and foreign laws, treaties, and regulations;
ii. Will provide only true, accurate, complete, and up-to-date information, including personal data; and
iii. Can conclude legally binding contracts with the Supplier.
3.1. The EULA applies only to VERVIG as provided to the User by the Supplier. The EULA also applies to any updates, supplements, Internet-based services, and support services related to VERVIG, or any other services provided in relation to VERVIG, unless other terms and conditions accompany those items. If so, those terms and conditions shall apply.
3.2. If the User registers for a free trial of VERVIG, this EULA will also govern User’s use of the free trial of VERVIG.
3.3. Any software or services that are not provided by the Supplier are not covered by this EULA. Such software and services are subject to the terms and conditions set by the respective third party that provided them and the User is solely responsible for obtaining, agreeing to, and complying with the respective terms and conditions at its own cost and expense.
3.4. The Supplier reserves the right, but is not under any obligation, to provide paid or free-of-charge updates and technical support services with regard to VERVIG, including the possibility to use new versions of VERVIG.
4.1. The User shall be pay all respective license and services fees indicated in the pricing plan the User has selected (collectively, the “Fees”).
4.2 The Fees shall be paid via credit card or bank transfer, current monthly fee amounts to $49. Certain discount schemes apply, contact admin@vervig.com for more information.
5.1. The Supplier hereby grants the User a non-transferable, non-exclusive, revocable license to use VERVIG on any Devices (as defined hereunder) chosen by the User and in accordance with the terms of this EULA (the “License”). VERVIG is licensed and not sold.
5.2. VERVIG is licensed as a single product. Its component parts may not be used separately.
5.3. The Supplier reserves any rights not expressly granted to the User under this EULA.
5.4. The User is permitted to load and run VERVIG on any device, network or cloud virtual machines under User’s control (collectively, the “Devices”). The User is solely responsible for assessing the compatibility of the Devices and ensuring that the Devices meet the minimum requirements for the use of VERVIG as set forth in the documentation provided by the Supplier.
5.5. It is User’s sole responsibility to verify and assess the suitability, validity and integrity of VERVIG prior to using it and to decide whether or not VERVIG fits for the intended use.
5.6. The User is not permitted to:
i. Edit, alter, modify, adapt, translate or otherwise change the whole or any part of VERVIG nor permit the whole or any part of VERVIG to be combined with or become incorporated wholly or in part into any other software, nor decompile, disassemble or reverse engineer VERVIG or attempt to do any such things;
ii. Reproduce, copy, distribute, resell, sublicense or otherwise use VERVIG for any purpose other than granted to the User in this EULA;
iii. Transfer User’s rights to VERVIG granted under the EULA;
iv. Use VERVIG in any way which breaches any applicable local, national or international laws;
v. Use VERVIG for any purpose that the Supplier may consider a breach of the EULA; and
vi. Use VERVIG to develop and produce products and technologies competing with VERVIG or other services provided by the Supplier.
5.7. The Supplier reserves the right to grant licenses to use VERVIG to third parties
6.1. All title and copyright in and to VERVIG (including, but not limited to, any source code, images, photographs, animations, video, audio, music, text, and applets, incorporated in VERVIG) and any copies of VERVIG are owned by the Supplier. VERVIG is protected by the copyright laws of Isle of Man and international copyright treaties.
6.2. The Supplier shall at all times retain the ownership of VERVIG. VERVIG (and all intellectual property rights of whatever nature in VERVIG, including any modifications made thereto) are and shall remain the sole property of Supplier.
6.3. The User is not permitted to, without obtaining prior written authorization from the Supplier, to use the trade names, trademarks, service marks or product names of the Supplier, except as required for reasonable and customary use of VERVIG.
6.4. The Supplier has made all efforts possible to avoid VERVIG being subject to the rights of third parties, in particular that its use does not infringe patents, copyrights or other intellectual property rights of third parties. However, the Supplier does not guarantee that VERVIG is not subject to the rights of third parties. The User shall notify the Supplier immediately and in writing if any third party asserts an infringement claim against the User in connection with VERVIG.
7.1. By creating any records through VERVIG (the “Records”), the User grants the Supplier all intellectual property rights required by the Supplier to: (i) provide its services to the User; and (ii) comply with this EULA and other terms and conditions that govern User’s access and use of VERVIG.
7.2. The User agrees not to submit Records that violate the EULA or any applicable laws, including intellectual property rights of others and data protection laws.
7.3. The User understands and agrees that, in order to ensure the security of VERVIG, the Supplier may, but have no obligation to, monitor or review the Records. The Supplier reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove the Records, in whole or in part, that violate the EULA.
8.1. It is User’s responsibility to ensure that the User has the legitimate rights and necessary authorization to store and process data through VERVIG (the “Data”).
8.2. It is User’s responsibility to ensure the appropriate level of security of the Data and compliance with applicable laws, including privacy laws and industry regulations, whether express or implied.
9.1. When using VERVIG, the User is required to follow the acceptable use policy outlined in this Section 9.
9.2. The User is not permitted to use VERVIG in any manner that substitutes or contributes to the following activities:
i. Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
ii. Fraud;
iii. Provision of false, inaccurate, or misleading information;
iv. Dissemination of information about acts, including pranks and challenges, that may result in injuries, physical harm, or distress;
v. Dissemination of promotional and advertising materials;
vi. Posting of content that depicts, link to, or incites others to commit acts of violence;
vii. Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
viii. Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
ix. Spreading ethnically, racially, or otherwise objectionable information;
x. Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
xi. Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
xii. Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening VERVIG;
xiii. Interfering with or abusing other users of VERVIG;
xiv. Using bots, scripts, and other automated methods; and
xv. Collecting and disclosing any information about other users of VERVIG.
10.1. The availability of VERVIG may be affected by factors, which the Supplier cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. The Supplier takes no responsibility for the unavailability of VERVIG caused by such factors.
11.1. To the extent permitted by the applicable law, the Supplier expressly disclaims all warranties, express or implied, for VERVIG. Unless agreed otherwise between the User and the Supplier in writing, the Supplier provides VERVIG on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of use or performance of VERVIG remains with the User.
11.2. In no event shall the Supplier be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use VERVIG, even if the Supplier has been advised of the possibility of such damages.
11.3. The User is solely responsible for determining the appropriateness of VERVIG and assumes any risks associated with User’s exercise of permissions under the EULA.
11.4. Third-party software or services are not covered by this EULA. The User shall ensure User’s compliance with any terms set forth by the respective third parties at its own risk, cost and expense.
11.5. The User acknowledges that the Supplier may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of Supplier’s reasonable control. To the maximum extent permitted by law, the Supplier excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
12.1. This EULA and any disputes arising out of or in connection with the EULA and VERVIG shall be governed by and construed in accordance with the laws of Isle of Man. Unless otherwise provided by the applicable law, all disputes arising out of or in connection with the EULA shall be submitted to the exclusive jurisdiction of the courts in Douglas, Isle of Man.
13.1. The User shall indemnify the Supplier at User’s expense if any claims are asserted by a third party against the Supplier by reason of User’s misconduct or breach of any terms of the EULA, including failed adherence by the User with any applicable laws, including, but not limited to, consumer, medical, and data protection laws, whether express or implied.
14.1. The unenforceability of any single provision of this EULA shall not affect any other provision hereof. Where such a provision is held to be unenforceable, the Supplier and the User shall use their best endeavors to negotiate and agree upon an enforceable provision, which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the unenforceable provision.
15.1. A failure of either Party to enforce strictly a provision of this EULA shall in no event be considered a waiver of any part of such provision. No waiver by either Party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
16.1. The EULA enters into force on the date the User clicks on the button “accept” under this EULA and shall continue until terminated.
16.2. The User may terminate the EULA at any time by unsubscribing according to the unsubscribe method explained in the Settings panel of the VERVIG APP.
16.3. Without prejudice to any other rights, the Supplier may terminate the EULA immediately if the User fails to comply with any terms of the EULA.
16.4. If the Supplier believes, at its sole discretion, that the User violates this EULA and it is appropriate, necessary or desirable to do so, the Supplier may:
i. Send the User a formal warning;
ii. Temporarily or permanently prohibit the use of VERVIG;
iii. Report the User to the relevant public authorities; or
iv. Commence a legal action against the User.
16.5. Upon termination of the EULA, the License granted to the User under the EULA will immediately terminate and the User agrees to (i) stop all access and use of VERVIG and (ii) destroy all copies of VERVIG and all its component parts.
16.6. The provisions of the EULA that, by their nature, continue and survive will survive any termination of the EULA.
17.1. The Supplier reserves the right, at its sole discretion, to change or modify this EULA at any time by posting an amended version of the EULA on VERVIG and by sending a prior notification to the User (if the contact details of the User are available to the Supplier).
17.2. Any modifications to the EULA shall become effective on the date indicated at the top of the amended EULA. By continuing to use VERVIG after the date on which the modifications were communicated, the User agrees to be bound by the modified EULA.
17.3. The Supplier reserves the right change or discontinue VERVIG and any feature thereof with or without a prior notice to the User.
18.1. This EULA constitutes the entire understanding between the Parties with respect to the subject matter thereof and supersedes all prior agreements, negotiations and discussions between the Parties relating thereto.
18.2. The User is not allowed to assign User’s rights under the EULA. The Supplier is entitled to transfer its rights and obligations under the EULA entirely or partially to a third party by giving a prior notice to the User. If the User does not agree to the transfer, the User can terminate this EULA in accordance with Section 16 of the EULA.
19.1. Any questions about this EULA can be addressed and notices under the EULA can be served to the Supplier by email at admin@vervig.com or by post at:
Vervig Limited
18 Athol street
Douglas IM1 1JA
Isle of Man