Last Revised: 31 October 2023
1. Scope and Applicability
2. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE OR ANY PART THEREOF IN ANY MANNER.
IMPORTANT ! – IN CASE OF EMERGENCY PLEASE CALL YOUR LOCAL EMERGENCY SERVICES.
3. The Site and the Tyto Solution
Tyto is a leading and innovative company, that has developed, manufactures and distributes its proprietary telehealth communication solution comprised of the TytoCare examination device (the “Tyto Device”), the TytoCare mobile, desktop and web applications (the “Tyto Apps”) and the TytoCare back-end platform (the “Tyto Platform” and together with the Tyto Apps and the Tyto Device – the “Tyto Solution”), through use of which, users of the Tyto Solution may receive healthcare services from their third party healthcare services providers.
IMPORTANT NOTE – TYTO DOES NOT PROVIDE OR ENDORSE ANY HEALTHCARE SERVICES. TYTO IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM THE SOLUTION OR ITS USE BY YOU OR BY ANY OTHER USER.
Through this Site Tyto makes information concerning the Tyto Solution and its use available to Users, and allows Users to purchase Tyto Devices and subscriptions to use the Tyto Platform.
4. Product Descriptions
We have made every effort so that our Site display the dimensions and colors of our products as accurately as possible. However, the accuracy of your view of our products will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free.
5. Third Party Sources and Content
The Site may enable you to view, access, link to, and use content from third parties (respectively “Third Party Sources” and “Third Party Content”) that are not owned or controlled by us. A Third Party Source may be a third party website or service provider.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.
You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, we would be happy to learn about by writing to us email@example.com, however your immediate course of action should be to contact the Third Party Source directly.
6. User Representations and Undertakings
Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
- You possess the knowledge and judgment necessary to decide whether and how to use the Site or otherwise rely on any information available therein;
- You will obtain appropriate health-care advice to consider whether the Tyto Solution meets your needs before making any purchase of the Tyto Device. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Tyto, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Site;
- If you connect to, access or use the Site on behalf of any third party, you represent and warrant that you are duly authorized under any applicable law to represent such third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Site; and
- You will not infringe or violate any of the Terms.
7. Use Restrictions
There are certain conducts which are strictly prohibited in our Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or any of the Tyto information and resources about the Site, Tyto’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) make any use of the Site and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without Tyto’s prior written consent; (iii) create a browser or border environment around Tyto’s Site, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Site, or the servers or networks that host our Site, or disobey any requirements, procedures, policies, or regulations of such servers or networks including by performing or assisting any DDOS attacks; (viii) frame or mirror any part of this Site without Tyto’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Site;(xi) use our Site for any illegal, immoral or unauthorized purpose; (xii) use our Site, the and/or the Content for non-personal or commercial purposes without Tyto’s express prior written consent or pursuant to an express written agreement.
9. Intellectual Property Rights
The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license, which cannot be used in order to issue sub-licenses and that can be cancelled completely by Tyto at its discretion, to access and browse the Site subject to the terms and conditions in this agreement.
Tyto’s marks and logo (whether or not registered) and all other proprietary identifiers used by Tyto in connection with the Site (the “Tyto Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the Site belong to their rightful owners (“Third Party Trademarks”). No right, license, or interest to Tyto Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Tyto Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.
Our Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of our Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed to Tyto and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Tyto’s proprietary rights, including Tyto’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Tyto or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.
Feedback. It is our desire and pleasure to hear from our Users and we welcome your comments regarding our offerings, including our Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as “Feedback”), the Feedback shall be deemed, and shall remain, our exclusive property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature and that we shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on the Site or elsewhere and to use the Feedback in any manner.
Our Site’s availability and functionality depends on various factors, such as communication networks. Tyto does not warrant or guarantee that our Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
11. Changes to our Site
Tyto reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Site (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under our Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Tyto shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site’s presented information and or the Content included in our Site.
12. Disclaimer and Warranties
TYTO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE CONTENT AVAILABLE ON OUR SITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK.
YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SITE NOT IN ACCORDANCE WITH TYTO INSTRUCTIONS AND RECOMMENDATIONS.
TYTO SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT OR ANY OTHER INFORMATION DERIVED FROM USE OF THE SITE, WHETHER OR NOT THE COMPANY HAD BEEN INFORMED BY THE USER OF SUCH POSSIBLE DAMAGE.
OUR SITE, INCLUDING ANY TECHNICAL SUPPORT SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AND INFORMATION AVAILABLE ON OUR SITE. THE USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK AND TYTO SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
TYTO DOES NOT WARRANT THAT THE OPERATION OF OUR SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
13. Limitation of Liability
IN NO EVENT SHALL TYTO, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF OUR SITE, OR THE USE OR INABILITY TO USE OUR SITE, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF TYTO TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TYTO BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TYTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR TYTO’S SITE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF TYTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TYTO’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO TYTO IN THE SCOPE OF YOUR PERMITTED USE OF THE SITE.
By using the Site you agree to defend, indemnify and hold harmless Tyto, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees and third party claims) arising directly or indirectly from: (i) your violation of any term of these Terms; (ii) your negligence or willful misconduct; (iii) a decision that was taken or not taken or any action that was made or not made based on the Content, or any other information resulting from the use of the Site; and (iv) your violation of any applicable law or rights of a third party.
Amendments to the Terms
Tyto may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send you an e-mail regarding such substantial changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Our Site are not structured to attract children under the age of 16 years. If you are under 16 years please do not visit or use the Site. If you are between 16 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using our Site to make sure that you and your parent or guardian understand these Terms and that your parent or guardian agree to them.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Tyto and you.
- Depending on your primary place of residency these Terms, their interpretation, and any claims and disputes related hereto, shall be governed by the following governing laws specified below, and any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the following locations:
a) If your primary residence is in the USA, the governing law and the exclusive jurisdiction shall be the laws of the state of New York and the city of New York (respectively);
b) if your primary residence is in Europe, the governing law and the exclusive jurisdiction shall be the laws of England and Wales and the city of London (respectively);
c) If your primary residence is in Israel or in any other territory not mentioned in a) or b) above, the governing law and the exclusive jurisdiction shall be the laws of the State of Israel and the city of Tel Aviv(respectively).
- Tyto may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Site to a third party without your consent or without prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Tyto’s prior explicit and written consent will be null and void.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- These Terms constitute the entire terms and conditions between you and Tyto relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Tyto and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Site. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Tyto in entering into these Terms.
17. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send Tyto an email to: firstname.lastname@example.org, or use the channels of communication available on the Site such as by pressing the “Contact Us” button, and Tyto will make an effort to reply within a reasonable timeframe. By contacting the Company, you warrant and agree that you are free to do so, and that you do not provide Tyto with information which violate any third-party intellectual rights.
You should not share any medical information when communicating with Tyto’s support and customer service team.