1. Scope and Applicability
2. Acceptance of the Terms
3. The Site and the Tyto Solution
Tyto is a leading and innovative company, that has developed, manufactures and distributes its proprietary tele health communication solution comprised of the Tyto Care examination device (the “Tyto Device”), the Tyto Care mobile, desktop and web applications (the “Tyto Apps”) and the Tyto Care 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 Tyo Platform.
4. Site Account
5. User Purchases
6. Product Descriptions
We have made every effort so that our Sites display the dimensions and colors of our products as accurately as possible. However, the accuracy of your view ofour 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. If a product offered by our Site is not as described, your sole remedy is to return it unused and with the full contents of its packaging in accordance with our return policy (see our Return Policy below for additional information).
7. Third Party Sources and Content
8. 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 Siteor 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 on the Site. 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, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent 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.
9. 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.
11. 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 belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Tyto Trademarks is granted here under, 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.
13. 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.
14. 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.
15. 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) any damage of any sort, whether direct, indirect, special or consequential (including your violation of any third party rights) resulting from your negligence or willful misconduct; (iii) any claim for financial remedies or other compensations due to 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 or regulation.
17. 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 here under 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 enforce ability of any remaining provisions.
- No waiver by either party of any breach or default here under 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.
20. 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 toreply within a reasonable time frame. 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.
21. Purchase, Shipping and Return Policy
21.1. Coupons and Discounts
We aim to keep our Solution as affordable as possible and often distribute coupons and coupon codes through various channels for that purpose. Please be aware that you are not permitted to combine coupons and coupon codes nor add them retroactively to your order. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Sits may be governed by rules that are separate from these Terms. Unless otherwise stated in such Promotions’ rules, we reserve the right to terminate and change the terms of any such Promotions at any given time without prior written notice. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Please be aware that Coupon codes cannot be applied to orders made using insurance/employer plan benefits.
21.2. Shipment and Delivery
Orders of products will be delivered to the address that appears on your order within reasonable time from the completion of the production and the quality checks. Orders for subscriptions will enter into effect upon the earlier of (i) pairing of your Tyto Device with the Tyto App, (ii) ten days of your receipt of the Tyto Device, or (iii) as otherwise displayed to you in the Site during the purchase process. Orders for products are usually shipped within 10 days from the date of confirmation of payment; however, there may be delays due to external factors. The time of delivery can vary depending on the destination. Please note that additional local taxes may be applied to shipments to locations outside of the United States or outside if Israel. We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner. Please be advised: all international shipments may be subject to customs regulation. Any related charges will be your responsibility. We can’t be held liable for incurred custom charges. When you place your order, you must choose shipping and delivery options according to the prices and delivery times set forth on the Site. Upgrading your shipment does not infer overnight delivery. Delivery times are based on estimation only and exclude the production and verification stages. It is important that you enter your address correctly. If the shipment is addressed to a commercial entity (e.g., an office or a hotel), please make sure to indicate that your order is to be delivered to the commercial entity that is located at such address. Failure to input any part of your address will cause delays in shipments and increase the costs of the purchased Products. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details. Shipping claims should be addressed within 30 days from the date of the shipping.
21.3. Returns Policy
We do our best to make returns and exchanges as simple as possible. You may cancel, return and receive a refund for your purchases on the Site if you notify us of such cancellationwithin the first 14 days after delivery (with respect to tangible products) or after purchase (with respect to subscriptions to our services) (the “Cancellation Period”). In order to exercise such right of cancellation, you must notify us of cancellation within the Cancellation Period. When cancelling purchases of tangible products, we may either provide you with a prepaid shipping label or direct you to return your product at our local dealer, after asking you to send us a picture of the product you wish to return. We will provide you a refund for cancelled purchases once we approve that the product is returned in it’s unused, original and merchantable condition and in its original packaging, including all accessories. To start your product return process, simply go to Returns section in our website and fill the return authorization form or otherwise contact us at email@example.com. Refunds will be effected via the same method of payment used to order the product (credit card, debit card, PayPal, etc.). Please allow up to 30 days from when we receive the item, for the credit to appear in your account. Keep in mind that some refunds may take over 30 days from the purchase date to be processed.
Important Notes :
*All store credits and exchanges are non-refundable. *It is the customer’s responsibility to ship the item(s) back within 10 business days from receiving the return shipping label, and 10 business days from receiving authorization to return an international order. Return requests will not be processed after such time frames.
21.4 Support and Warranty
Tyto one year product warranty. The Tyto Device and any other tangible product purchased through the Site, will be free from material defects in materials and workmanship when used normally in accordance with Tyto’s published guidelines, user manual, documentation accompanying the product and the Solution Terms, for a period of one (1) year from the date of original purchase (“Warranty Period”). If the product is determined by TytoCare to be defective during the Warranty Period, and subject to applicable law, Tyto shall, at its option, repair or replace the product free of charge. In the event Tyto cannot repair or replace a product determined to be defective during the Warranty Period, Tyto will refund the amount of the original purchase price upon receipt of proof of purchase depreciated on a straight 3 year line basis. To receive warranty repair or replacement, a warranty claim must be made during the Warranty Period and within ten (10) days following the discovery of the defect. In addition, the product must be returned to TytoCare in accordance with Tyto’s instructions provided at the time the claim is made. Warranty claims must be submitted in writing to the following addresses: TytoCare Inc. 215 W. 40th Street 9th Fl., New York, NY 10018 This product warranty is subject to the following limitations: This warranty is valid only if the sticker at the bottom of the product is present indicating the serial number and manufacturing details. TytoCare is not responsible for damage arising from failure to follow instructions relating to the use of the product. The user shall be responsible for proper maintenance and handling of the product. No warranty is extended if the product has been altered or modified in any way. No warranty is extended to any product that has been misused or damaged. This warranty is extended only to the original purchaser of the product. This warranty does not include problems or product malfunctions caused by the user’s acts (or failure to act), the acts of others, or events beyond Tyto’s reasonable control. NO OTHER WARRANTY This limited warranty is the only warranty made by Tyto with respect to products and services purchased on the Site. TYTO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TYTO DOES NOT REPRESENT THAT ANY PRODUCTS OR SERVICES OUR CHASED THORUGH THE SITE WILL MEET THE PURCHASER’S OR USER’S REQUIREMENTS. Subject to applicable law, Tyto’s sole liability under this warranty will be, at its option, to either repair or replace the defective product or to refund or credit the purchase price to the original purchaser. THE USER AGREES THAT UNDER NO CIRCUMSTANCES WILL TYTO CARE’S LIABILITY RELATING TO THE PRODUCT OR SERVICE IT PURCHASED THROUGH THE SITE, EXCEED THE PURCHASE PRICE PAID THEREFOR.