Vertige Terms of Use
Last modified: April 28, 2024
Acceptance of the Terms of Use
These terms and conditions (“Terms of Use”) are entered into by and between you and Vertige, LLC ("Vertige," "we," or "us"). The Terms of Use govern your access to and use of the Vertige mobile application (the “App”).
Please read the Terms of Use carefully before you start to use the App. If you do not want to agree to these Terms of Use or Vertige’s Privacy Policy (the “Privacy Policy”), you must not access or use the App. By using the App, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy, found at [https://www.vertige.app/privacy-policy], incorporated herein by reference. Your use of the App after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms of Use.
You agree that (a) you are using the App for informational and/or educational purposes only, (b) that you will not use the App for the purposes of seeking any diagnosis, prognosis, treatment, prescription, product recommendation, or medical advice of any kind, and (c) that the App, including all content, software and functions, is provided “as is” and without warranty or representation.
Disclaimers
This App does not provide medical advice and is not a source of medical treatment or a medical device. The App does not provide any diagnosis, cure, mitigation, treatment, or prevention of any vestibular disorder or any other disease. This App is intended for informational and/or educational purposes only, and reliance on any information provided by or found in the App, including but not limited to, information regarding foods that can trigger or worsen vestibular symptoms, is purely at your own risk.
If you have questions or concerns about individual health matters or the management of your vestibular disorder, please consult a doctor.
Eligibility
You may not use the App if you are (a) under 13 or if parental consent is required under applicable law for you to use the App or provide personal data to Vertige, (b) a direct competitor of Vertige investigating the App for competitive research, or (c) otherwise using the App for a harmful, malicious, disruptive, or unlawful purpose.
Changes to the Terms of Use
Vertige reserves the right to change, modify, add, or remove portions of these Terms of Use at any time and without specific notice other than posting such modified Terms of Use on Vertige’s website, through the App, or both.
The Terms of Use include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. You acknowledge and agree that you will review these Terms of Use periodically for any changes.
Account Creation and Account Security
To access the content and services within the App, you must create an account. You agree to provide truthful and accurate information during the account creation process. If you provide any information that is untrue, inaccurate, or incomplete when setting up your account, we reserve the right to terminate your account and suspend your use of the App.
You agree to maintain the confidentiality and security of your account’s password and shall not allow your account to be used by anyone besides the person whose name and information has been registered to the account. You shall hold Vertige harmless for any disclosure of any data that results from a failure to maintain the confidentiality of your password.
Using the App as a Participant in Clinical Study Research
If you are using the App as a participant in an organized clinical study, you acknowledge and understand that certain information that you may input into the App, including but not limited to, your name, geolocational information, and information related to your vertigo episodes and triggers, may be shared with the doctors running your clinical study, the universities that approved the IRB protocol for the clinical study, or other parties as may be contemplated in the IRB protocol for the clinical study. Any transmission of such data to such doctors, universities, or outside parties will be compliant with applicable law and with the clinical study’s IRB protocol.
Account Suspension and Termination
Vertige retains the right to cancel your access to the App at any time in Vertige’s discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that Vertige has the right to terminate or suspend your account or your access to the App in the event that we determine, at Vertige’s discretion, that you have violated these Terms of Use, including participating in any activities that adversely affect other users’ experiences.
You may terminate your access to the App at any time via the in-application termination option.
Intellectual Property Rights
The name “Vertige” is a trademark of Vertige over which it claims ownership and the exclusive right to use.
The App and some of its contents, features, and functionality (including but not limited to all survey questions, software, text, displays, and the design, selection, and arrangement thereof) are owned by Vertige, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not use the intellectual property of the App without Vertige’s prior written consent. You agree to comply with reasonable written requests from us to help us protect Vertige’s proprietary and intellectual property rights.
If you use or provide any other person with access to any part of the App in breach of this section or any other section of the Terms of Use, your right to use the App will terminate immediately. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted under these Terms of Use or otherwise by us are reserved by Vertige. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App in any manner that:
Violates any applicable federal, state, local, or international law or regulation;
Impersonates or attempts to impersonate Vertige, a Vertige employee, another user, or any other person or entity (including, without limitation, by using user aliases associated with any of the foregoing);
Uses bots, artificial intelligence, or other automated means to manipulate or submit an entry to the App;
Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the App or any portion thereof;
Violates, or encourages anyone to violate, these Terms of Use or the Privacy Policy;
Engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Vertige or users of the App, or expose them to liability; or
Interferes with or disrupts the App in any way.
Changes to the Application
Vertige may update the content on the App, but the content is not necessarily complete or up to date. Any of the material may be out of date and Vertige is under no obligation to update such material.
Device-Based Required Permissions
To use the App in your mobile device, you may need to provide us the following permissions, including, but not limited to, push notifications and geolocation tracking.
Subscription and Payment Terms
All purchases through the App, such as for the premium subscription, are governed by these Terms of Use. If you violate any of these Terms of Use, Vertige retains the right to terminate your premium subscription without refund.
Geographic Restrictions
The owner of the App is based in the Commonwealth of Pennsylvania in the United States. The App can be accessed outside of the United States, but if you access the App from a location outside the United States, you are responsible for compliance with all local laws, restrictions, or regulations.
Disclaimer of Warranties
VERTIGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE APP. THE APP IS PROVIDED AS-IS, AND VERTIGE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO AND/OR GENERATED IN THE APP; FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN; OR FOR ANY DELAYS OR INTERRUPTIONS IN THE APP FOR WHATEVER CAUSE. YOU AGREE THAT ALL USE OF THE APP IS AT YOUR OWN RISK.
VERTIGE DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR FREE OR THAT THE APP IS FREE OF HARMFUL CODE. IF YOUR USE OF THE APP RESULTS IN THE NEED FOR SERVICE OR REPLACEMENT OF EQUIPMENT OR DATA, VERTIGE SHALL NOT BE RESPONSIBLE FOR ANY ASSOCIATED COSTS.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, VERTIGE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE APP. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE APP, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, OR (IV) ANY OTHER MATTER RELATING TO THE APP.
VERTIGE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You will defend, indemnify, and hold harmless Vertige, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to any use of the App’s content and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
Miscellaneous
Any disputes arising out of or related to this Terms of Use or the Privacy Policy will be governed by the laws of the Commonwealth of Pennsylvania, without resort to that state’s conflict of law provisions.
Any disputes arising out of or related to this Terms of Use or the Privacy Policy will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania in each case located in the city and County of Philadelphia, and you shall irrevocably submit to the exclusive jurisdiction of such courts in any such dispute.
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either you or Vertige against one another related to this Terms of Use, the prevailing party is entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
If any portion of this Terms of Use is found to be invalid, void, or otherwise unenforceable, it shall be construed so as to make it enforceable within the bounds of the law, and the remaining portions of this Terms of Use will be interpreted to remain in force as broadly as possible.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Vertige regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the App should be directed to info@vertige.com.