Terms of Use

Aesto, LLC dba Aesto Health (“Aesto Health”), develops and operates an online healthcare platform for healthcare service providers to manage their services and engage with their patients, hereafter referred to as "RemoteVisit.care Platform" or "Services". “We”, “our” and “us” refers to Aesto Health in the terms defined below. These terms and conditions of use ("Terms of Use") are between Aesto Health and healthcare service providers, hereafter referred to as “Customer”, "Customers" or “You”. Your compliance with these Terms of Use is a condition to your use of the Services.

RemoteVisit.care Platform Services provides Customers with associated mobile and web applications hereafter collectively referred to as a "RemoteVisit account". The RemoteVisit account provides Customers secure access to their patients, through web and mobile services enabling online consultations and remote patient monitoring. RemoteVisit account applications are intended only as tools to assist healthcare providers collaborate with their patients, using online communication, scheduling, administrative and data managing capabilities.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING "ACCEPT" OR ACCESSING AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES. BY ACCEPTING THESE TERMS OR BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE INCLUDING THE PRIVACY POLICY REFERENCED BELOW. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS OF USE, THEN YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THE SERVICES.

If you do not agree to these Terms of Use and/or are not eligible or authorized to agree to these Terms of Use, then you may not register for and setup a RemoteVisit account on the RemoteVisit.care platform.

Customers

Healthcare service providers can set up a RemoteVisit account on the RemoteVisit.care platform. If a RemoteVisit account is being set up by an individual healthcare service provider who is not formally affiliated with an organization, the Customer is the individual creating the RemoteVisit account. If the RemoteVisit account is being set up for a healthcare services organization by an authorized representative, the organization is the Customer.

Authorized Users
  • Customers can create authorized user accounts for their team members who may be employees and/or associates (hereafter referred to as ‘Team Users’), to log in to and use their RemoteVisit account through appropriate interfaces. The Primary User Account of a Customer’s RemoteVisit account, created when the RemoteVisit account is registered and setup also counts as a Team User account. All Team Users are directly bound by our Authorized User Terms.
  • Customers can also create authorized user accounts for their patients and/or healthcare service clients (hereafter referred to as ‘Patient Users’) to log in to and use their RemoteVisit account through appropriate interfaces. Some Customers may choose to authorize self-registration of Patient Users in their RemoteVisit account. All Patient Users are directly bound by our Authorized User Terms.

Registering for and setting up a RemoteVisit account (and all its integral apps) requires full acceptance of these Terms of Use and all associated policies. By registering, you agree that:

  • You are a licensed healthcare provider and/or authorized representative of a licensed healthcare organization with the necessary healthcare practice licence and legal approvals to provide healthcare services to patients that you will provide services to through your RemoteVisit account.
  • You shall not register and use Aesto Health’s RemoteVisit account product (including associated web and mobile apps) and any other of the RemoteVisit.care Platform Services for any purpose other than providing services to authorized Patient Users seeking your services.
  • You take complete and sole responsibility in assigning authorized Team User accounts only to licensed healthcare providers and qualified healthcare support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized Team Users in the correct usage of the application and its features to provide services to patients of your RemoteVisit account.
  • You are not impersonating any other person and are using your actual identity.
  • The information provided during the registration process is true, accurate, current and complete. You will be required to provide your full name, email address, mobile phone number, location, business name and address.
  • You are required to periodically review and update your registration data to ensure that it is always current and correct.
  • The user account created when registering for a RemoteVisit account is considered as the RemoteVisit accounts Primary Account and you are authorized to use it.
  • You are responsible for ensuring that all Team Users and Patient Users in your RemoteVisit account are aware of and bound by these Terms of Use.

Usage of the RemoteVisit.care Platform Services by Customers and their authorized Team Users and Patient Users are subject to acceptance of these Terms of Use. These Terms of Use are deemed to include the Privacy PolicyAuthorized User Terms, Acceptable Usage Policy and all conditions, policies and operating procedures that are referred to herein or which may otherwise be published by Aesto Health from time to time, on this website and in any of the RemoteVisit.care platform applications.

Customer Data

Authorized Users created by a Customer in their RemoteVisit account may submit information and content to the RemoteVisit.care Platform Services, such as PHI (patient health information), healthcare services related data, communications and usage data, all of which qualifies as ‘Customer Data’ and is owned by the Customer.

By using your RemoteVisit account and associated applications, your Patient Users understand that the healthcare providers in the RemoteVisit account have access to view and update their healthcare data in the course of providing them with healthcare services. As a healthcare services provider you authorize the access of patient health data by your registered patients, such that they may view and update their own health data, except for specific areas that you choose not to make visible/accessible to them. Ownership of and responsibility for healthcare data of patients in a RemoteVisit account rests with the Customer.

As owner and controller of the Customer Data, the Customer alone may provide us with instructions on what to do with this data. All Customer Data is covered by the RemoteVisit.care platform’s Privacy Policy.

By using the RemoteVisit.care platform you agree to storage of your data in a secure cloud infrastructure located anywhere in the world. Aesto Health currently uses Amazon Web Services cloud infrastructure based in the United States of America.

Authorized User Terms

Patient Users and Team Users of a Customer’s RemoteVisit account (hereafter collectively referred to as " Authorized Users") cannot directly register as users with the RemoteVisit.care platform but are created as authorized users of a Customer’s RemoteVisit account. The Customer is directly registered with the RemoteVisit.care platform and is bound by the Terms of Use, including these Authorized User Terms.

These Authorized User Terms are between Aesto Health and all Authorized Users in RemoteVisit accounts of Customers.

  • The Customer is responsible for ensuring that all Authorized Users in their RemoteVisit account are aware of and bound by these Authorized User Terms.
  • Authorized Users are aware that the Customer owning the RemoteVisit account in which they are users has the right to remove and/or restrict their access to the system.
  • The Customer has complete control over the settings and configuration of the RemoteVisit account and bears responsibility for how it is used.
  • Customer will inform Authorized Users (both Team Users and Patient Users) of all Customer terms and practices that are relevant to their use of the RemoteVisit account and of any settings that may impact the processing of Customer Data.
  • All engagement between Team Users and Patient Users conducted through the Customer’s RemoteVisit account are also governed by the Patient Terms of that RemoteVisit account, which authorized Patient Users are required to consent to.
  • The Customer is also responsible for ensuring that processing of Customer Data in the Customer’s RemoteVisit account is done as per necessary regulation and law. This also applies to the deletion and export of Customer Data.
  • The Customer is solely responsible for deciding which Team User accounts can be added to their RemoteVisit account based on eligibility criteria defined by the Customer and to define the scope of healthcare and/or support services that they are allowed to provide to Patient Users through the RemoteVisit account; and also to define their information access privileges.
  • All Authorized Users must be of legal age necessary to operate your user account in the role intended by the Customer when authorizing you to use their RemoteVisit account. If you are a Team User, you must also be of legal working age and possess the necessary licence and qualifications for your role.
  • Aesto Health reserves the right to deny or revoke access to anyone to a registered RemoteVisit account, or to any part of its RemoteVisit.care platform thereof, at any time in its sole discretion, if there is perceived to be a violation of any Terms of Use.
  • Aesto Health does not provide any healthcare services for Patient Users of any Customer, nor is it liable in any way for healthcare services provided by Customers through their RemoteVisit account to their authorized Patients Users.
  • All Customers and Authorized Users are bound by the Acceptable Usage Policy defined in this document.

Acceptable Usage Policy

This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for the RemoteVisit.care Platform Services by Customers and Authorized Users in the RemoteVisit accounts of our Customers.

Any violation of this policy could result in the suspension of your access to the RemoteVisit.care Platform Services. This policy may change as the platform evolves, so please proactively look up updates to the policy.

  • Your username and password are unique to you, and you agree not to disclose or share your username and password with any other party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen.
  • You also agree that you will be solely responsible for any activities conducted on or through the RemoteVisit.care Platform Services with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless Aesto Health from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
  • Your use and access of the RemoteVisit.care platform, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with local laws in your respective country or territory with regard to the use of such services. Aesto Health does not claim that the RemoteVisit.care Platform Services are fully compliant for use within all the countries and territories from where it may be accessed.
  • From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it not include any person or entity’s proprietary information. You also fully agree that Aesto Health is not obliged to use or act on this feedback and even if it does, Aesto Health has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
  • Aesto Health is constantly updating the RemoteVisit.care platform and apps in order to provide the best possible experience for its users. All users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
  • You shall not use the RemoteVisit.care platform and its apps and services for any purposes other than those intended by Aesto Health and as determined by Aesto Health at its sole discretion.
  • You shall not attempt to circumvent any security measure put in place for the RemoteVisit.care platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by Aesto Health, through hacking, password mining or any other means.
  • You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
  • You shall not attempt to access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the RemoteVisit.care platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
  • You may not use any robot, spider, scraper or other automated means to access the RemoteVisit.care Platform Services or website for any purpose without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the site.
  • If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by Aesto Health’s RemoteVisit.care platform, apps and services.
  • In order to protect the integrity of its RemoteVisit.care website and Platform Services, Aesto Health reserves the right at any time in its sole discretion to block users from certain IP addresses.
  • You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold Aesto Health harmless from any damages, losses, costs, or expenses which Aesto Health may incur as a result of information you post.
  • You are solely responsible for exporting and/or requesting the export of all your Customer Data before expiration or cancellation of your RemoteVisit account account, should you choose to discontinue using it and/or should your account be terminated.

We may offer certain features to you at no charge or a special reduced charge, for beta trial use. Your use of beta features is subject to any additional terms that we specify when enabling them for you. Use of such features is permitted only during the specified duration and/or when the feature is terminated. Such features are not guaranteed to be released and may on occasion be terminated. Such features are generally still under development and/or not completely integrated into the platform and therefore may contain more issues or errors than is generally noted in the product. Should you choose not to subscribe to the plans under which the Beta Features will be eventually supported, or if we choose to terminate such Beta Features, you will lose access to content created as a result of using such Beta Features. We disclaim all obligations and liabilities with respect to such features. The information about such Beta features and their capabilities are limited to customers to whom they are made specially available and this is covered by the confidentiality clause in our Terms of Use.

Customer Responsibilities

In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users.

  • The Customer is responsible for all the settings and configurations applied to the RemoteVisit account, including management of user accounts, configuration of services and provision of those services and management of Customer Data, which is impacted by such configuration.
  • You are completely responsible for the Customer Data in your RemoteVisit account including ensuring the usage practices by you and your Team Users in maintaining the privacy and confidentiality of your patients’ healthcare data in your RemoteVisit account.
  • You will comply with healthcare and data regulation rules applicable to healthcare providers and organizations in your country of business and locations of service. You are solely responsible for choosing to use the RemoteVisit account and Services after ascertaining that it meets the necessary regulatory compliance applicable to your operations.
  • You will not publish or distribute in any form, any patient healthcare information without their informed consent. Aesto Health is not liable for your handling of your own data or any outcomes as a result of that.
  • The Customer will be responsible for all the activities in your RemoteVisit account account and in the authorized Team User accounts of your employees and/or associates and Patient Users.
  • The RemoteVisit.care Platform serves only as a technology enabler for the online healthcare services that you choose to provide. Any disputes between you and the Patient Users of your RemoteVisit account will be dealt with by you directly. Aesto Health has no obligation or liability to monitor services within RemoteVisit accounts.
  • Aesto Health takes no responsibility for healthcare and/or other information that may be published by healthcare providers in their own RemoteVisit account. Healthcare providers are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. Aesto Health retains the right to review and delete any published content related to any provider, if such content is brought to Aesto Health’s attention. Aesto Health takes no responsibility in having to review content published in RemoteVisit accounts.
  • The Customer is solely responsible for the setup, payment, maintenance and security of their own app store accounts with Google Play and Apple iTunes, should they opt to publish their own custom mobile apps for their RemoteVisit account. Aesto Health bears no responsibility for any change in app store policies that may impact the publishing of the Customer’s custom mobile applications.
  • You unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the RemoteVisit.care Platform Services apps to the mobile number and email address associated with your user account, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services.

All Patient Users of a RemoteVisit account of a Customer are to be made aware of the following by the Customer and Team Users and through Patient Terms defined in the RemoteVisit account:

  • Patient Users of a RemoteVisit account shall not use any service or information in their healthcare provider’s RemoteVisit account for any purposes other than managing their personal health information or that of their immediate family members (with due authorization) and/or to engage with healthcare providers in the RemoteVisit account.
  • Aesto Health does not provide medical services of any kind and as a technology provider only enables engagement with you to their healthcare provider, through the RemoteVisit account, which you the Customer has opted to use.
  • Aesto Health does not recommend or endorse any healthcare providers or services using the RemoteVisit account.
  • Patient Users’ access or use of their healthcare provider’s RemoteVisit account and/or any apps and services of the RemoteVisit.care platform does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate Aesto Health, to fulfil any duties towards meeting their health needs.
  • Patient users are expected to avail of immediate professional medical attention in medical emergencies or critical care situations and not attempt to use the RemoteVisit account and/or other apps and services of the RemoteVisit.care platform in such situations.
  • The accuracy, integrity and completeness of the personal health information that your Patient Users enter or allow to be entered on their behalf is solely their responsibility, and Aesto Health assumes no liability for it. Aesto Health is also not liable for any use or misuse of health data by the Patient User or their healthcare provider.
  • Aesto Health shall not be responsible for any undesirable outcomes in the Patient User's engagement with their healthcare provider.
  • Aesto Health shall not be responsible for any health, fitness or nutritional information that is published by their healthcare provider through the RemoteVisit account.
  • All data in the RemoteVisit account of a healthcare provider is owned by the Customer who is solely responsible for defining how that data is handled and/or made accessible to Patient Users in the RemoteVisit account.
  • Patient users in a RemoteVisit account should also expect to receive essential system notifications related to healthcare service events. Notification preference settings will be provided to allow turning off of non-essential/informative-only notifications.

Subscriptions & Payments

All use of a RemoteVisit account by a Customer and their Authorized Users are based on subscription to a relevant Subscription Plan for the RemoteVisit.care Platform Services. A Subscription Plan defines the scope and level of usage of the Platform Services by the Customer and their Authorized Users. The RemoteVisit.care Platform Services also provides add-on services to the RemoteVisit account that the Customer can optionally purchase and use.

When you register for a free trial of the RemoteVisit account, the service will be available to you free of charge until the end of the free trial period or on termination of your trial for any reason at our discretion. Unless you purchase a subscription within the expiration of your trial, your RemoteVisit account account will be deactivated.

The following platform services are currently provided free of charge: SMS and Mobile Notifications, Data Storage and Video Streaming. Aesto Health reserves the right to charge additional fees for these services based on actual usage at any point of its choosing.

Subscriptions and other payments are to be managed and paid for online by the Customer through the RemoteVisit account Subscription interface or other payment mechanisms. Though all optional add-ons to the RemoteVisit account require an active RemoteVisit account subscription to function, the subscription period of add-on itself, is independent of the subscription period of the associated RemoteVisit account, and depends on when the add-on was purchased. Any unexpected change in app store policies affecting the ability to publish custom mobile apps in the Customer’s account will not result in a refund in the subscription charge associated with the custom mobile app.

All subscriptions automatically renew at the end of the billing cycle for the upcoming subscription periods equal to the preceding subscription period; and the per Team User pricing during any automatic renewal term will be based on the number of active Team User accounts at the point of renewal. All subscription payments are paid in advance of the upcoming subscription term. Failure to pay the subscription fees on time will result in your RemoteVisit account account being deactivated. Deactivated accounts can be reactivated by making the necessary subscription payment.

Aesto Health reserves the right to change plans and pricing at any time. The changes will be notified either by email to all existing subscribers and also on the website. If on a paid plan, you can upgrade/downgrade your account at any time. You can upgrade by paying the incremental cost. If your account is upgraded during a billing cycle the increased charges will be calculated on pro-rata basis. Downgrading of account can cause reduction in features or loss of access to content in your account and will not result in refunds. Aesto Health will not be responsible for operational limitations due to downgrading of an account subscription.

All information in your billing account should be current and accurate. All billing related mails will be sent to the email address that you have provided. All charges collected for a billing cycle are non-refundable, irrespective of account cancellation, termination or downgrade. Late payments will result in suspension of service until payments are made.

Aesto Health reserves the right to delete all data associated with a deactivated or cancelled RemoteVisit account account 6 months after an account becomes deactived or canceled. We have no obligation to maintain Customer Data after this 6 month period. Aesto Health is not responsible for any loss or other consequences caused by deactivation or deletion of a RemoteVisit account account.

Privacy Policy

All users of Aesto Health’s RemoteVisit.care Platform Services are also bound by the Privacy Policy.

Third Party Services

  • Aesto Health is not responsible for the accuracy and reliability of health data read from health sensors and devices that the RemoteVisit.care platform and apps may interface with. This includes direct device interfaces and also account interfaces of third-party services that you as the user might authorize the platform apps to interface with. Such interfaces are not indicative of any endorsement or recommendation by Aesto Health of those devices or services.
  • Aesto Health is also not responsible for the functioning and reliability of any third-party services that you may choose to interface with now or in the future (from among authorized third-party interfaces) to further the functionality of your RemoteVisit account. Terms of use applicable to those services must be complied with, in addition to Aesto Health’s own Terms of Use.
  • Aesto Health’s provisioning of a custom mobile application for a Customer is solely limited to the development, maintenance and submission to the app store accounts (Google Play and/or Apple iTunes) of the Customer. Aesto Health is in no way responsible for the setup, payment, maintenance and security of the Customer’s own app store accounts beyond using it to submit application builds for review. The Customer is solely responsible for providing necessary organization verification inputs and documents to Apple and/or Google Pay as may be required by them. Aesto Health is also not liable for delays in app publishing caused by the app store review process. Aesto Health’s responsibilities during the review process are specifically limited to responding to any technical clarifications or technical defects that may be raised during the review process. Aesto Health is also not responsible for the app store listing policies of Apple iTunes and Google Play.
  • Aesto Health’s RemoteVisit.care website and Platform Services may include links to other websites and possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to Aesto Health.
  • For customers using own email domains for sending of email notifications from their RemoteVisit account, despite all relevant configuration of DNS, SPF, DKIM and DMarc settings, it can in rare cases be expected to observe some delay or potentially even initial delivery issues, due to the verification policies and algorithms of certain email services providers. This generally resolves after a certain level of usage, after which the emails are safely considered as non-spam. Beyond ensuring correct sending of email notifications, Aesto Health does not bear responsibility for the last point delivery of email notifications having no control over this external environment factor.
  • Delivery of SMS messages depend on SMS carrier networks (in the recipients location). There may be instances where messages verified as delivered by SMS gateway services may be reported to not have been received by the end user recipient. Aesto Health is responsible for ensuring the correct sending of notifications and supports multiple notification channels. However Aesto Health is not responsible for the last point of delivery of SMS notifications having no control over that factor. Customers are required to opt to use/not use SMS notification channels in their RemoteVisit account according to the needs of their users and the delivery performance observed for their user base.
  • Aesto Health is not responsible for non-accessibility of the Customer’s RemoteVisit account caused by wrong DNS settings made by the Customer.

Updates

Aesto Health may change these Terms of Use (and any associated Policies) at any time, at its sole discretion, in whole or part. In the event of any material or substantial change in the terms and conditions Aesto Health may notify you by posting an announcement of the changes on its website, through its applications or by email. You are expected to periodically check these Terms of Use and associated policies for changes. By continuing to use the RemoteVisit.care Platform Services and it’s apps after any change to these Terms of Use, you acknowledge and accept the changes.

Intellectual Property, Copyright and Trademarks

Aesto Health’s RemoteVisit.care platform services, applications and website, all content and information, visual designs and branding created by and for Aesto Health, and all intellectual property rights embodied therein, are the property of Aesto Health and are protected by trademarks, copyrights, patents, proprietory rights and IP laws.

Aesto Health and RemoteVisit.care are the trademarks of Aesto Health. Aesto Health does not grant any rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its RemoteVisit.care platform, apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorization of Aesto Health.

Attempting to use or access the RemoteVisit.care platform, apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. Aesto Health reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.

Limited Warranty

To the extent allowed by applicable law, implied warranties on the Software, Aesto Health software and services are provided without any warranty of any kind, and Aesto Health hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. Aesto Health makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability

THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT AESTO HEALTH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AESTO HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY CHANGES WHICH AESTO HEALTH MAY MAKE TO THE SERVICES (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;(vi) ANY OTHER MATTER RELATING TO THE SERVICE.

THE LIMITATIONS ON AESTO HEALTH’S LIABILITY TO THE USER SHALL APPLY WHETHER OR NOT AESTO HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AESTO HEALTH, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN SERVICES PROVIDED BY THE WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT HAS CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMS OF SERVICE AND YOUR TERMINATION OF YOUR ACCOUNT.

Termination

These Terms of Use take effect from the time you start using Aesto Health’s RemoteVisit.care Platform Services in any capacity, until it is terminated by you and/or Aesto Health as provided below.

  • All your active free or paid subscriptions to the RemoteVisit account and/or any of the RemoteVisit.care platform services expires due a cancelled subscription and/or expiration of a subscription that was not in auto-renewal mode.
  • Aesto Health terminates your RemoteVisit account and access to the RemoteVisit.care platform services due to breach of these Terms of Use by you and/or any Authorized Users of your RemoteVisit account and associated Platform Services. Such termination may be with immediate effect.
  • Aesto Health reserves the right to modify and/or discontinue its services at any time, for any reason including but not limited to violation of this agreement. In cases where the cause is not due to violation of this agreement (Terms of Use), at least thirty (30) days prior notice will be provided.

On termination of your account, you will no longer be able to use your RemoteVisit account account or any Services of the platform. The same will apply to Authorized Users in your RemoteVisit account. Any obligations you may have prior to effective date of termination must be met. Any termination does not relieve the Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

In the case of terminations with cause, there will be no refund of subscription payments, for the period between date of termination and date of expiration of the current subscription. Aesto Health also retains the right to pursue any action to remedy breach of these Terms of Use.

During the active term or subscription of a RemoteVisit account, the Customer will be permitted to export Customer Data from the Platform Services; After termination or expiration of RemoteVisit account subscriptions, we will have no obligation to maintain or provide any Customer Data; unless legally required to maintain the data for other reasons, we may delete all Customer Data in our systems.

Assignment

Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety (including all order forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Aesto Health of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.

Jurisdiction and Governing Law

These terms shall be governed by and construed in accordance with the laws of the United States and the state of Delware without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Alabama. These Terms of Use and associated policies shall be admissable in all legal proceedings. Use of the RemoteVisit.care platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

Release for Force Majeure

Aesto Health and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which Aesto Health or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

General Provisions

This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of Aesto Health. Any notices in this regard need to be delivered in written format and acknowledged as received. Aesto Health may subcontract its responsibilities under this Agreement, without your consent to a third party considered by Aesto Health in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between Aesto Health and such third party. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.

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