Medio Terms of Service Documentation.

Terms of Service

 

Please Read These Terms Carefully Before Using this Service

 

 

The contents on this website www.meetmedio.com (the “Site”) and mobile app (the “app” “Medio“) are provided by Dignisoft, LLC, (“Dignisoft” “we”) as a service to its customers. By using this Site and mobile app, you agree to these terms. If you do not agree to them, do not use the Site or access the service from it.

 

Introduction

 

“Medio” is an app with many features which can be used for various services as detailed below.

 

1.     Acceptance of Terms

 

The Services are offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this Agreement and any operating rules, policies, and procedures that are published on this Website/app (the “Site and app”) by Dignisoft (collectively, the “Terms”). The following Terms govern your access to and use of the Services. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Service apply to all users of Medio, including visitors on the Site and users who are also contributors of content, information and other materials on the app.

 

The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Medio Services, transmit, receive or exchange data or communicate with the Medio Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Medio Services, for any purpose whatsoever.

 

Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Medio resources and services.

 

2.     The Service

 

Medio provides the following Services:

 

2.1.Maintenance and troubleshooting/diagnostics

a)     Medio has teamed up with IBM Watson to provide equipment diagnostics using Artificial Intelligence 24/7

b)     Medio uses Artificial Intelligence to help service medical equipment.

c)     Medio provides step-by-step troubleshooting for less technical professionals.

 

2.2.Manage and track rental equipment

a)     Track and manage your rental medical equipment to cut unnecessary rental costs.

b)     Monitor daily costs, and rental information to stay on top of your expenses.

c)     Export reports with information about your rentals.

d)     Monitor the physical location of your rental equipment for easy management

 

2.3. Manage contracts

a)     Track and manage your service contracts and business.

b)     Monitor contract expiration and details.

c)     Export reports with information about your contracts.

 

2.4. Biomedical Library

a)     Easy PM allows you to quickly locate PM procedures you need for the job Monitor contract expiration and details.

b)     Professional development videos. 

c)     And other training videos for career development.

 

2.5. Future Features

a)     Ordering consumables

b)     Requesting the assistance of a physical biomedical professional technician to come to service your equipment.

c)     Renting your unused equipment for a profit.

 

The app allows Users to upload their profile image. Medio Services are hosted using servers in Ireland.

You also understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from Medio such as service announcements, administrative messages and updates.

 

3.   Modifications to the Service

 

Dignisoft reserves the right to modify or discontinue all or part of the Services, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms of Service of this Agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Dignisoft shall not be liable to User or any third party in the event that Dignisoft exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms of Service. You can review the most current version of the Terms at any time at: https://www.meetmedio.com.

 

4.   Registration

 

You can use the demo services without registration. In order to access the app services after the demo period, you will be required to sign up using your google account.

 

By electing to use these services; (a) you warrant that all information you have submitted for signing up using google account is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission; (e).you agree not to use the Services for any unlawful purpose.

 

You agree to notify Dignisoft immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.

 

You also represent that you are not a person barred from receiving the Services under the laws of any applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Dignisoft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dignisoft has the right to suspend or terminate your access to the app and refuse any and all current or future use of the Services (or any portion thereof).

 

 

5.   Fees

 

The Services are provided free of any payment during the demo period. You are required to pay monthly or annual subscription to use the Services after the demo period. You can cancel the subscription any time and billing will not be made from the subsequent billing cycle.

 

6.  Privacy Policy

 

We respect your privacy and the use and protection of your Personal Information. Medio collects certain personal information while providing the Service. Such information and data collected by us about Users will be treated as confidential and protected and used by us in accordance with GDPR incorporated into our Privacy Policy. You can review the most current version of our Privacy Policy at any time at: http://meetmedio/privacy. HOWEVER, ALL CONTENT UPLOADED BY YOU IS PUBLICLY VISIBLE. THERE ARE NO PRIVACY SETTINGS FOR THE CONTENT UPLOADED BY YOU. HENCE, TAKE CARE TO UPLOAD ONLY SUCH CONTENT WHICH YOU FEEL CAN BE DISPLAYED PUBLICLY.

 

7.  User Submissions

 

As a registered User, you may upload

a.              Rental equipment information including:

 Photo, Make, model, serial number, rented from, department and current location, manufacturer, planned end rental date, cost per day of rental;

b.              Contract information including:

 photo, terms of contract, contract type, effective date, number of years, amount of contract ($), contract contact info including: name, phone number, email, and title. You can also upload contract document along with attachments if any,

c.              Users can also provide information via a Watson powered chatbot about:

Any issues with particular equipment, and they will be provided troubleshooting steps on how to resolve the issue.

These are collectively referred to as “User Submissions.” As a User, you understand and accept that you are solely responsible for your own User Submissions and the consequences of posting or publishing them.

Medio allows the submission of images submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Dignisoft does not guarantee any confidentiality with respect to any User submissions despite it not being published.

By posting User Submissions to Medio, you hereby grant Dignisoft (and its successors) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable (including any moral right) and transferable license to use, adapt, publish, translate, reproduce, distribute, communicate to the public, perform and display the contents of such Submissions (in whole or in part), and/or incorporate it in other works  throughout the world in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You grant Dignisoft the right to use the name that you submit in connection with such Submissions, if we choose.

 

You also hereby grant Dignisoft the right to use User Submissions for promoting Dignisoft, Medio (and derivative works thereof) through any media channels. You also hereby grant Dignisoft and each user of Medio a non-exclusive license to access your User Submissions through Medio and to use, reproduce, distribute and display such User Submissions on social networks. You understand that these functionalities may include downloading your User Submission to a computer, mobile phone or other device. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Submissions from Medio.

 

Dignisoft reserves the right to decide whether a User Submission is appropriate and complies with these Terms for violations other than copyright infringement. Dignisoft may advise User to remove any abusive or pornographic material immediately or may at any time, without prior notice and at its sole discretion remove such User Submissions and/or terminate User’s access for uploading such material which is in violation of these TERMS. You acknowledge that Dignisoft may preserve your Submissions and may also disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the content of any Submission violates the rights of third parties.

 

Without limiting the foregoing, Dignisoft reserves the right to use Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Dignisoft is under no obligation to offer you any payment for Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Medio. Dignisoft shall have no duty to attribute authorship of Submissions to you, and shall not be obligated to enforce any form of attribution by third parties.

 

Dignisoft does not endorse any Submissions that may appear on or through the Site/app and makes no warranties, express or implied, as to their accuracy and reliability. Dignisoft expressly disclaims any and all liability in connection with any and all Submissions.

 

8.   User Conduct/Lawful Use

 

User agrees that use of the app is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Medio for lawful purposes only.

 

You agree:

(a)   to comply with all applicable laws regarding the transmission of technical data exported through Medio.

(b)   not to use Medio for illegal purposes;

(c)    not to interfere or disrupt networks connected to the Medio.

(d)   to comply with all regulations, policies and procedures of networks connected to Medio;

(e)   not to resell or transfer your access to the app/service to any third party;

(f)     not to restrict any other visitor from using the service;

(g)    to act responsibly, treat other app users with respect and not violate their rights, and not harm them emotionally or physically;

(h)   not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any   portion of the Service or any part of the app;

(i)     not to harvest or collect information about Users of the service without their express consent;

(j)     not to solicit personal information from anyone under the age of 18;

(k)    not to upload contents that contain restricted or password only access pages or hidden pages (those not linked to or from another accessible page);

(l)     not to display unauthorized commercial advertisement on your profile.

 

Please verify that all information submitted is accurate and factual.

User agrees that – it shall not distribute or facilitate distribution of any content, including but not limited to videos, images, sounds that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates Dignisoft‘s rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising; (5) impersonates any person or entity, including any of our employees or representatives.

 

Dignisoft does not monitor the contents uploaded by users and depend on users emailing us the content that breaches these Terms of Service. However, if you are found to be involved in any of the afore-mentioned acts of using the service unlawfully, or if it is brought to our notice by another user or the copyright owner, you will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of your account and forfeiture of any fees paid for Medio services. Dignisoft also reserves the right to remove such prohibited material without warning or notification to the User.

 

If you encounter such prohibited material on Medio you waive your right to any damages related to such exposure. Such material should be immediately reported to info@dignisoft.com

 

In case of any violation of these Terms, Dignisoft reserves the right to seek all remedies available by law and in equity for such violations.

9.   Limitation of Liability

 

As a condition of use of Medio, and in consideration of the services provided by Dignisoft, User agrees that neither Dignisoft, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Dignisoft will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Medio Service or Content.

 

DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP/SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER CONFIDENTIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP/SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP/SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MEDIO, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

You specifically acknowledge that Dignisoft shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party resulting in any physical or emotional ill-effects, and that the risk of harm or damage from the foregoing rests entirely with you.

 

Medio is controlled and offered by Dignisoft using servers in ________. Dignisoft makes no representations that the Medio is appropriate or available for use in other locations. Those who access or use Medio from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

Dignisoft shall not be liable for any damages, resulting from the use or the inability to use Medio services or for cost of procurement of substitute goods and services or resulting from any services obtained through Medio or resulting from unauthorized access to, deletion or alteration of user’s transmissions or data or failure of the app to store user’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Dignisoft has been advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances; consequently, some of the above limitations may not apply to user, in whole or in part.

 

Your Medio account is non-transferable and any rights to your Medio ID or contents within your account terminate upon receiving a formal request.  Consequently, your account will be terminated and all contents therein permanently deleted.

 

10. License

 

The materials on Medio are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:

(a)   Modify the materials or use them for any commercial purpose, or any public display, performance, sale or rental;

(b)   Decompile, reverse engineer, or disassemble software materials except and only to the extent permitted by applicable law;

(c)    Remove any copyright or other proprietary notices from the materials;

(d)   You agree to prevent any unauthorized copying of the materials.

11.   Disclaimer/No Warranty

 

Medio service is provided on an “as is” basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Dignisoft be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use Medio; any unauthorized access to or use of our secure servers and/or; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our app by any third party, and/or; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, server transmitted, or otherwise made available via Medio. Further, Dignisoft is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area, even if Dignisoft has been advised of the possibility of such damages.

 

Dignisoft further does not warrant that its service will be secure or uninterrupted; the information or other items contained within these materials will be accurate and complete. Dignisoft may make changes to these materials at any time without notice. Dignisoft makes no commitment to update the materials. No oral advice or written information given by Dignisoft its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.

Dignisoft is not responsible for any problems or technical malfunction of any phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any players due to technical problems or traffic congestion on the Internet or on any of the Medio Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Medio Services.

 

12.   Indemnification

 

User will defend, indemnify and hold harmless Dignisoft and any of its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. 

 

User acknowledges that the content uploaded by it, is entirely generated by the User. Dignisoft has no control over the content or information transmitted by User and that Dignisoft does not examine the use to which User put the Service or the nature of the information User sends or receives. User hereby indemnifies and holds harmless Dignisoft, its stockholders, officers, directors, employees and agents from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by User or User’s users. This indemnification obligation will survive these Terms of Use and your use of the Medio.

 

13.   Intellectual Property Rights

 

When you provide Submissions to Medio, you still retain all of your rights of ownership in your Submissions.

 

User acknowledges that content, including but not limited to policy information, text, software, music, sound, images, video, graphics, meta data, geographic information, the arrangement of text and images, commercially produced information, and other material contained on Medio or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by Dignisoft. These Terms do not transfer any right, title, or interest in the Service, Medio or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Dignisoft. User agrees not to use or divulge to others any information designated by Dignisoft as proprietary or confidential. Any unauthorized use of any Content contained on the Site/app or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes; and may result in termination of the User’s access to the service. Except as specifically permitted herein, no portion of the information on Medio may be reproduced in any form, or by any means, without prior written permission from Dignisoft or the specific content’s owner. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes.

 

If you download, print or display any Medio Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the Medio name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Dignisoft.

 

Through proper notification, Dignisoft will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. Dignisoft assumes no responsibility for monitoring the Site/app. In the event it chooses to do so at its discretion, Dignisoft assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a User submitting inappropriate submissions. At its sole discretion, Dignisoft may remove any submission and/or terminate a User’s account for violating any of these Terms of Service at any time and without notice.

 

Dignisoft reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of Medio or violation of the Terms of Service.

 

14.   User Disputes

 

Dignisoft reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Users.

 

Medio Services are provided free of any charge. You agree to use the Service at your own risk and responsibility. Hence, Dignisoft will not be liable to pay any claim. However, under any exceptional circumstance, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Medio Services  will be permanently barred if such claim is not filed within one (1) year after such claim or cause of action arose.

 

15.   Termination

 

You agree that we may terminate your right to use our Services if the information that you provided initially to sign up for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Dignisoft has the right to deny any Service.

 

Any attempt to undermine or cause harm to a Dignisoft server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes Spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute malware, viruses and trojan horses.

 

Dignisoft may terminate User’s account without prior notice, if you are in breach of the terms of this Agreement. Dignisoft will be the sole arbiter as to what constitutes a violation of the Agreement.

 

 

16.   Entire Agreement/Severability

 

This Agreement sets forth the entire agreement between you and Dignisoft in respect of this site/app and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Dignisoft’s failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.

 

17.  Ability to Accept Terms and Conditions

 

You affirm that you are either more than 18 years of age, or you are at least 13 years of age and an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site, mobile app or any other service provided by us is not intended for children under 13.

 

18.   Governing Law

 

These Terms shall be governed by and construed in accordance with laws of the State of California, USA, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of California, USA, the laws, rules and regulations of California, USA, shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction by the courts located in [Insert Place Name], California for resolution of any dispute.