LEGAL

Terms of Use

The terms for using www.vatoris.com. Sales of units and Vatoris EHR are governed by separate written agreements.

EFFECTIVE AND LAST UPDATED

01

Agreeing to these terms

These Terms of Use (“Terms”) govern your use of www.vatoris.com (the “site”), run by Vatoris Inc. (“Vatoris”, “we”, “us”), a Delaware corporation based at 90 Broad St, 2nd Floor, New York, NY 10004, USA. By using the site, you agree to these Terms. If you do not agree, do not use the site.

If you use the site for a company, government body or other organization, you agree to these Terms on its behalf and confirm that you are authorized to do so. The site is meant for businesses, governments and the people who act for them. You must be at least 18 to use it.

Our Privacy Policy explains how we handle personal information.

02

Sales are governed by separate agreements

These Terms cover the website only. Any purchase of units, equipment or delivery, and any license or services for Vatoris EHR, is governed by a separate written agreement between Vatoris and the customer. If that agreement conflicts with these Terms, the written agreement controls.

03

Site information is not an offer

The site gives general information about our units, equipment, services and software. Specifications, equipment lists, condition descriptions, photos, quantities, availability, prices and delivery estimates are indicative. They may change without notice and may contain errors. Photos may show a representative unit or equipment that is not included. Units are offered subject to prior sale.

Nothing on the site is an offer to sell, a binding quotation or a contract. A quote request sent through the site is a request for a quotation, not an order. A sale is made only by a written quotation accepted by both parties and a signed agreement, which set the price, scope, condition, delivery terms and any warranties.

Content about clinical use, standards, regulations or Vatoris EHR is general information, not medical, engineering, legal or regulatory advice. Before you buy, confirm with qualified professionals and the relevant authorities that a unit or system meets the requirements where you will use it.

04

Delivery estimates

The site’s delivery estimator gives estimates only. Each estimate is calculated from freight rate data at a point in time and shown with a range and its assumptions. Actual costs can differ, for example because of carrier rates, fuel surcharges, exchange rates, routing, permits, site access or timing. Delivery scope, price and dates are confirmed only in your quotation and agreement.

The buyer is always the importer of record. Import duties, taxes, customs fees, import licenses and permits, and product compliance in the destination country (such as registration, certification or approval) are the buyer’s responsibility and are not included in any estimate. Some destinations are quote-only, for example because of sanctions or a lack of regular freight service. All sales are subject to applicable export control and sanctions laws.

05

Our content and trademarks

The site and its content, including text, photos, videos, 3D models, graphics, brochures, software and design, belong to Vatoris or its licensors and are protected by copyright and other intellectual property laws.

You may view the site, and download or print pages and brochures, for your own information or for your organization’s internal evaluation of our products, as long as you keep any copyright and other notices. Any other copying, republishing, selling, modifying or making of derivative works needs our written permission. This does not limit crawling that our robots.txt file allows.

Vatoris, Vatoris EHR and the Vatoris logo are trademarks of Vatoris Inc. Do not use them without our written permission. Other names and brands on the site belong to their owners, and their appearance does not mean they endorse us or we endorse them.

If you believe something on the site infringes your rights, email hello@vatoris.com with the details and we will look into it.

06

Acceptable use

When you use the site, do not:

Break the law. Use the site in a way that violates any law or regulation, including export control and sanctions laws.

Harm the site. Interfere with the site’s operation or security, try to gain unauthorized access, get around our bot protection, overload the site, or send malware.

Misuse automated access. Access the site by automated means in a way that ignores our robots.txt file or burdens the site. Search engines and other crawlers that follow robots.txt are welcome.

Mislead or spam. Send spam, false information or messages that impersonate someone else.

Send others’ sensitive information. Submit personal information about other people without the right to do so, or any patient health information.

We may block or limit access to the site for anyone who breaks these rules.

07

What you send us

You are responsible for what you send us through the site. It must be accurate, and you must have the right to share it. Do not send confidential information unless we have agreed in writing to keep it confidential. If you send ideas or feedback, we may use them without any obligation to you. Personal information is handled as our Privacy Policy describes.

08

Third-party sites and data

The site links to websites and services run by others, such as LinkedIn, YouTube, WhatsApp and listing and marketplace sites. We do not control them and are not responsible for them, and their own terms apply. Some information on the site comes from third parties, for example road distances based on OpenStreetMap data (© OpenStreetMap contributors).

09

Disclaimer of warranties

THE SITE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, VATORIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ITS CONTENT, INCLUDING SPECIFICATIONS, AVAILABILITY AND DELIVERY ESTIMATES, IS ACCURATE, COMPLETE OR CURRENT.

Any warranty for a unit, equipment or software is only what is stated in the written agreement for that sale or license.

10

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING NEW YORK LAW, VATORIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS IS LIMITED TO ONE HUNDRED US DOLLARS (US$100).

THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THEY DO NOT CHANGE ANY WRITTEN AGREEMENT FOR A SALE OR LICENSE, WHICH HAS ITS OWN TERMS.

11

Indemnity

You agree to defend, indemnify and hold harmless Vatoris and its officers, directors, employees and agents from any claims, losses, liabilities, damages and costs, including reasonable attorneys’ fees, arising out of your breach of these Terms, your misuse of the site, information you send us, or your violation of any law or the rights of others.

12

Governing law and where disputes are heard

These Terms and any dispute arising out of or relating to them or the site are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Any such dispute will be heard only in the state or federal courts located in New York County, New York. You and Vatoris consent to the personal jurisdiction of those courts and waive any objection to venue there.

13

Changes to the site and these Terms

We may change, suspend or stop any part of the site at any time. We may update these Terms by posting a new version on this page with a new date at the top. Changes apply from that date and not to disputes that arose before it. If you keep using the site after a change, you accept the updated Terms.

14

General

Severability. If any part of these Terms is found unenforceable, it will be enforced to the fullest extent permitted, and the rest of these Terms stays in effect.

No waiver. If we do not enforce a part of these Terms, we have not waived our right to enforce it later.

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and Vatoris about your use of the site. They do not replace any written agreement for a sale or license, which controls for that transaction.

Assignment. We may assign these Terms. You may not assign them without our written consent.

Survival. The sections on our content, what you send us, disclaimers, limitation of liability, indemnity and governing law continue to apply after you stop using the site.