VAST.Rehab, Terms of Use

Last Revised: June 20, 2020

These terms and conditions ("Terms of Use") govern your use of the VAST.Rehab software applications (“Services”) and any other services of Brontes Processing (the company behind VAST.Rehab). Our Privacy Policy is incorporated by reference into these Terms of Use. Some services may be subject to additional conditions posted on the Brontes Processing website or provided to you when you sign-up for the service.

Let's go through a few definitions before we get started:

'Brontes Processing’, 'we’, 'Company’ or 'Brontes Processing sp. z o.o.’, is us — the company behind VAST.Rehab. We are located in Poland, 44-100 Gliwice, Przewozowa 32
'VAST.Rehab’ are the VAST.Rehab applications, website, services and servers related to it that don't have a separate privacy policy
'Agreement’, 'Terms of Use’ or 'TOU’ refers to the VAST.Rehab Terms of Use provided below
'Privacy Policy’ refers to the VAST.Rehab Privacy Policy at the url provided below
'Customer’, 'User’ or 'you’ is a user of VAST.Rehab who has agreed to our Terms of Use
'Personal Information’ means information that can identify an individual

The Services

VAST.Rehab is intended to provide you with a wide range of immersive applications, games and content enhancing the physical and cognitive wellbeing. While using the applications, performance data is collected, analyzed and quantified, using advanced algorithms, providing the user with performance tracking insights.

We also offer a dedicated application for therapists to let them manage the therapy for their clients and dedicated business applications for VAST.Rehab suppliers, distributors and facility administrators.

PLEASE NOTE THAT VAST.REHAB IS NOT A DIAGNOSTIC TOOL AND DO NOT AND CANNOT REPLACE PROFESSIONAL MEDICAL ADVICE. THE VAST.REHAB APPLICATIONS DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. THE RESULTS DELIVERED BY VAST.REHAB SHALL EVENTUALLY POINT YOU TOWARDS PROFESSIONAL DIAGNOSIS. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON VAST.REHAB OR THEIR OUTPUTS ARE AT YOUR SOLE RESPONSIBILITY AND LIABILITY. BRONTES PROCESSING WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF VAST.REHAB AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF VAST.REHAB.

Use Restrictions

You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms:

use VAST.Rehab for any illegal, immoral, unlawful and/or unauthorized purposes;
remove or disassociate, from the VAST.Rehab any restrictions and signs indicating proprietary rights of Brontes Processing or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
use any manual or automatic device, process or method, such as robot, spider, crawler, any search or retrieval application to access VAST.Rehab and retrieve, index and/or data-mine information;
interfere with or disrupt the operation of VAST.Rehab or networks that host them
bypass any measures we may use to prevent or restrict access to VAST.Rehab
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, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Brontes Processing’s proprietary rights, including Brontes Processing’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted under any applicable laws;
frame or mirror any part of VAST.Rehab without Brontes Processing’s prior express written authorization;

Disclaimers

VAST.Rehab trainings are recommended to be used under the supervision of qualified medical personnel. VAST.Rehab can be also applied for home use, but it must be strictly used according to the recommendations of a medical care provider who is knowledgeable about the user's specific needs.

VAST.Rehab can also be used as a fitness system without any supervision of qualified medical personnel, but this option is reserved only for people without any health problems. Anyhow we always recommend to consult a doctor before starting any new physical activity plan.

VAST.Rehab can be considered to be a medical product only when it is used under the supervision of qualified medical personnel. This document provides details about a medical product that may not be available in all countries and may not have received approval or market clearance by all governmental regulatory bodies throughout the world. Nothing herein should be construed as a solicitation or promotion of the product or of an indication of any specific use for the product which is not authorized by the laws and regulations of the country where the reader of this information resides.

VAST.Rehab purpose is to support functional therapy for people who have lost the function of or have restricted function in their body or cognitive functions caused by cerebral, neurogenic, spinal, muscular or bone-related disorders. Considering the contraindications and everyone's individual profile, the device is used in the case of:

Cerebrovascular Accidents
Multiple Sclerosis
Cerebral Palsy
Parkinson`s Disease and Extrapyramidal Syndromes
Brain-tumor operations
Spinal cord injuries
Traumatic brain injury
Muscular atrophy
Deconditioning - Muscle weakness due to lack of mobility
Endoprosthesis for hip, knee, elbow and shoulder joints
Following stable fractures of vertebra and/or extremities
Limb amputations with or without prosthesis
Balance and Equilibrium disturbances

Just as for any other therapy, the therapist in charge is always responsible for the indication. Functional training with VAST.Rehab is not possible or indicated in every case. In general, the device must not be used in the following cases to avoid causing harm to the client. The following precautions must therefore be observed in particular:

Severe osteoporosis
Contractures affecting the relevant extremity
Skin lesions in the area of the relevant extremity
Joint subluxation or severe pain in the target joint
Severe spasticity
Severe spontaneous movements, e.g. ataxia, dyskinesia, myoclonic jerks
Severe postural instability
Cardiac arrhythmia, hypotension or severe hypertension
Confused or non-cooperative clients
Severe cognitive deficits
Clients requiring isolation due to infections
Severe visual problems (client is not able to see displayed elements on the computer screen)

The following contraindications must therefore be observed in particular:

Not controlled epileptic seizure within the past two years, or photosensitive clients
Retinal disease which may be exasperated by watching video games
Bone instability (non-consolidated fractures in vertebrae or extremities)
Osteomyelitis or other inflammatory/infectious diseases
Bone Cancer, including spinal tumors or metastases to vertebrae or joints
Pronounced, fixed contractures affecting the relevant extremity
Open skin lesions in the area of the relevant extremity
Non-stable vital functions: Pulmonary or cardio-circulatory contraindications
Spondylolisthesis (second degree or higher) or with neurological signs

The above list does not claim to be exhaustive. In case of clients with chronic diseases and/or clients with illnesses coexisting with the one in which therapy VAST.Rehab’s support is used and/or clients who have been immobile for a long period of time, special attention is required and short training sessions are recommended to begin with. An over-reaction is expected from these clients if training sessions are too long. On the other hand, clients often tend to have a certain euphoric reaction after the initial treatment, and want to have longer and/or more frequent training sessions. This can result, in the case of the clients described above, in excessive strain being exerted on ligaments, tendons and joints.

The decision as to whether a client is suitable for treatment always comes under the remit of the therapist in charge, who has sole medical responsibility for the treatment. As part of this, he must evaluate in particular, in each individual case, possible risks and side-effects of the treatment against the benefit gained from it. In addition, the clients’s individual situation plays just as important a role as the basic risk assessment for specific clients groups.

Communications

You acknowledge and agree that Brontes Processing may at times send you communications regarding your account or VAST.Rehab related information via email. If you have requested it, we may also send you communications about upgrades to VAST.Rehab or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.

Accounts and passwords

You must be a registered user to access VAST.Rehab. You must provide accurate, up-to-date and complete information when you register and/or activate your account. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.

You must use all reasonable endeavors to prevent any unauthorized access to, or use of VAST.Rehab and you must notify Brontes Processing immediately in the event of any unauthorized access or use.

If you quit exercising during the Workout, you must end it and log out from the system - so that another user does not exercise on your behalf.

Acceptable use and conduct

You are solely responsible for your conduct and your data related to VAST.Rehab. You warrant that you have all rights, licenses, authorizations and consents required to use VAST.Rehab. You agree to indemnify, defend, and hold harmless Brontes Processing, its directors, officers, agents, partners distributors and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of VAST.Rehab or violation of these Terms of Use.

VAST.Rehab, including any software that forms part of VAST.Rehab, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

Brontes Processing has the right to audit your use of VAST.Rehab, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Use and any other terms that apply to VAST.Rehab.

Any unauthorized use of VAST.Rehab is a violation of these Terms of Use and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

Brontes Processing will endeavor to make VAST.Rehab available 24 hours a day, seven days a week. However, you acknowledge and agree that VAST.Rehab may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Brontes Processing may perform unscheduled maintenance at any time but will only do so if deemed necessary.

Privacy Policy

By agreeing to these Terms of Use, you acknowledge that Brontes Processing may collect, use and disclose your information as described in our Privacy Policy at the url provided below.

https://vast.rehab/privacy-policy

License

Subject to the Terms of Use hereof, Brontes Processing hereby grants to you, and you accept, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to download and use the VAST.Rehab applications on devices that you own or control, solely for the limited purpose of using the Service for your internal use, and for no other purpose, strictly in accordance with the Terms of Use and applicable law;

To the extent you provide any feedback, comments or suggestions to Brontes Processing regarding VAST.Rehab (“Feedback“), Brontes Processing shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Brontes Processing’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.

General fees policy

When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged at the rate of the new plan until your billing date. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.

Downgrading or canceling your account may cause the loss of access, content or features of VAST.Rehab. Brontes Processing does not accept any liability for such loss.

All subscription fees must be paid in advance.

If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.

Fees for using VAST.Rehab commercially

In the primary method of settlement, a valid credit card is required for payments. A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account.

Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the VAST.Rehab applications. Your credit card details are stored at a trusted and secure payment gateway used by Brontes Processing for payment processing.

All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.

All fees related to VAST.Rehab, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the VAST.Rehab website, notices within VAST.Rehab itself, or by email correspondence.

Fees for using VAST.Rehab non-commercially (for a single client and without therapist’s supervision)

You can manually buy access to VAST.Rehab by using the In App Purchase mechanism delivered by Google in the Google Play marketplace, by Apple in the AppStore marketplace and by Microsoft in Microsoft Store marketplace.

You acknowledge and agree that your therapy will be generated by our algorithm based on the inputs you’ll provide, and no qualified health care professional will be engaged in preparing your therapy plan.

Fees for using VAST.Rehab home therapy prescribed by your therapist

In this case your therapist pays for your access to VAST.Rehab. You don’t need to pay any additional fees.

Working with VAST.Rehab distributors

In some cases, you may be offered some special terms while working with VAST.Rehab distributors authorized by Brontes Processing (“Distributor”).

In the event of a conflict between the Terms of Use and the terms offered by the Distributor, which relates solely to the Distributor’s representations, warranties, restrictions on use of VAST.Rehab, obligations, limitation of liability (to the extent applicable to the Distributor) and/or other provisions that impose any responsibility on the Distributor, the terms offered by the Distributor shall prevail.

If you start cooperation with a Distributor and if for any reason such Distributor will not be able to provide you access to VAST.Rehab (e.g. the Distributor goes bankrupt), Brontes Processing guarantees that access to VAST.Rehab will be further provided directly by Brontes Processing or by a new Distributor on the given market.

Cancellation and termination

You are solely responsible for the cancellation of your account. You can cancel your account at any time through the subscription area of the VAST.Rehab admin website at the url provided below (when using VAST.Rehab commercially) or by cancelling the subscription in the system/marketplace settings of the device that were used to buy the subscription (when using the system non-commercially). Email or phone requests to cancel your account are not considered a cancellation.

VAST.Rehab admin website: https://admin.vast.rehab

More info how to cancel your personal subscription can be found here:

Google Play: https://support.google.com/googleplay/answer/7018481?hl=en

AppStore: https://support.apple.com/en-us/HT202039

Microsoft Store: https://support.microsoft.com/en-us/help/4522164/microsoft-account-how-to-cancel-your-subscription

All of your content and data may be deleted 180 days after cancellation or termination of your account unless there is a legal obligation to keep that data. When the data is deleted - this information will not be able to be recovered. We recommend you use the export functionality of VAST.Rehab prior to cancellation to retain any information you may require.

Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 180 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.

If you cancel your account before the end of your currently paid month, your access to VAST.Rehab will be terminated immediately, and you will not be charged again. You will not be entitled to a refund.

Brontes Processing in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of VAST.Rehab, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Brontes Processing reserves the right to refuse service to anyone for any reason at any time.

You may have statutory rights

Certain legislation may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent ("Statutory Rights"). These Terms of Use must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Brontes Processing is able to do so, its liability under those provisions will be limited, at its option, in the case of services to:

the supplying of VAST.Rehab again or the payment of the cost of having VAST.Rehab supplied again and, in the case of goods to:

the replacement of the goods or the supply of equivalent goods
the repair of the goods
the payment of the cost of replacing the goods or of acquiring equivalent goods
the payment of the cost of having the goods repaired

No warranties or representations

We're not limiting your Statutory Rights

You understand and agree that VAST.Rehab is provided “as is” and, to the extent permitted by law, Brontes Processing and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Brontes Processing's servers. Brontes Processing and its suppliers make no warranty or representation that your use of VAST.Rehab will be uninterrupted or error-free or regarding the results that may be obtained from the use of VAST.Rehab, the security of VAST.Rehab, or that VAST.Rehab will meet your requirements.

Brontes Processing is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that VAST.Rehab may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitation of Liability without limiting your Statutory Rights

Use of VAST.Rehab is at your sole risk. You will be solely responsible for any damage to you resulting from the use of VAST.Rehab. The entire risk arising out of use, security or performance of VAST.Rehab remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for Brontes Processing to use reasonable commercial endeavors to restore the lost or damaged data from the latest back-up of such data maintained by Brontes Processing.

In no event shall Brontes Processing be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with VAST.Rehab or any other service provided by Brontes Processing

Intellectual property and data

Brontes Processing claims no intellectual property rights over the data or other material you provide to VAST.Rehab. You acknowledge that Brontes Processing owns all right, title and interest in and to VAST.Rehab, including without limitation all intellectual property rights, and such rights are protected by European and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from VAST.Rehab.

You consent to Brontes Processing transferring your data to third party IT providers, including our website host, storage place and back-up service provider, outside of your country of origin.

General

You may not assign your rights in respect of VAST.Rehab to any other person.

Brontes Processing will not be liable for any delay or failure to perform any of its obligations in respect of VAST.Rehab if such delay or failure is due to an event which is beyond its control.

If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

Brontes Processing may modify VAST.Rehab, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Use at any time but, if we do so, we will notify you of the modified Terms of Use and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Use and cease using VAST.Rehab.

This Agreement is governed by the laws of Poland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Poland.

Amendments to the Terms

Brontes Processing may, at its sole discretion, change these Terms of Use from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the VAST.Rehab website and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our website or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms of Use are effective as of the stated “Last Revised” and your continued use of the Use on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. Changes to these Terms will not be applied retroactively.

Questions

If you have any questions about these Terms of Use, please contact us at the e-mail provided below

E-mail: support@vast.rehab

We will make an effort to reply within a reasonable timeframe.