BodyViz Terms of Use and Service

January 2024

 

Ownership and Agreement to Terms of Use & Service

These Terms of Use & Service (the "Terms of Use & Service") applies all products (the “Products”) provided by Visual Medical Solutions, LLC ("VMS"), its subsidiaries and affiliates, including but not limited to: VMS website(s) and BodyViz website(s), its subdomains, and all links associated within sites (the “Sites”); BodyViz Desktop, BodyViz Enterprise, BodyViz Student, BodyViz Stereoscopic 3D, BodyViz Interactive Anatomy Content Module, BodyViz Sync, BodyViz iPad App, BodyViz Portal, App Store, and Documentation. By using any of these Products, you agree to this agreement.

VMS reserves the right, as its sole discretion to change, modify, add or remove portions of these Terms of Use & Service agreement, at any time. It is your responsibility to check these Terms of Use & Service periodically for changes. Continued use of these Products following any posting of changes means that you accept and agree to the changes. In exchange for compliance with the Terms of Use & Service and any license or service fees noted in the End User License Agreement (the “EULA”), if any, VMS grants you a personal, non-transferable, non-exclusive, limited rights to use these Products.

 

Use of Products

Please refer to the EULA for specific Terms of Use for each product.

 

Exclusions

This agreement is written in good faith. VMS will always do everything possible to rectify an issue in a timely manner. However, there are exclusions this agreement does not apply to:

  1. Any equipment, software, services, third party or otherwise, or any other parts of the IT integration not listed in the VMS Quote or Invoice mutually agreed upon between VMS and the Client. Student hardware, third-party software, operating systems and internet services are expressly excluded from this SSA.
  2. VMS shall not be responsible for correcting any problems resulting from the Client’s misuse or improper use of the Software or combining or merging the Software with any hardware or software not authorized by VMS to be so combined or merged.
  3. A problem has been caused by using equipment, software or service(s) in a way that is not recommended.
  4. The Client has made unauthorized changes to the configuration or set up of affected equipment, software or services.
  5. The Client has prevented VMS from performing required maintenance and update tasks.
  6. The issue has been caused by unsupported mobile devices, equipment, software or other services.
  7. Software products that are not at a supported release level or for which the Client does not have a current, paid in full.

 

Client Responsibility & Obligations

In order to successfully support BodyViz products there are certain responsibilities that are solely the obligation of the Client:

  1. Students shall utilize their institution’s Information Technology helpdesk to obtain support on for their hardware, third-party software, operating systems and internet services. Client shall notify all students of this obligation.
  2. Client shall designate institutional points of contact, including phone numbers and email addresses, where individual BodyViz support questions will be directed. These contacts shall be documented in Schedule A. Client shall notify all students of their points of contact.
  3. Support requests to VMS must come from the Client institution and its IT or faculty representatives directly, not individual student users.
  4. Minimum hardware requirements must be met or exceeded for the BodyViz software to operate. Minimum hardware requirements are listed in Schedule A for initial reference and will be maintained in Terms of Use and Service section on the BodyViz website.
  5. Minimum operating system requirements must be met or exceeded for the BodyViz software to operate. Minimum hardware requirements are listed in Schedule A for initial reference and will be maintained in Terms of Use and Service section on the BodyViz website.
  6. Client shall train students on BodyViz software. VMS will provide training for faculty, staff and IT support staff.

 

Minimum Requirements

Hardware Minimum Requirements

  • Processor: Intel i5 Dual core processor or equivalent
  • Hard Disk: 20 GB of free hard disk space for software and supporting libraries. Additional hard disk space will be needed for imaging data
  • RAM: At least 8 GB

Operating System Minimum Requirements

  • 64-Bit Windows 10 or greater
  • Mac OS 10.13 or greater

 

Use of Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained within the Products is owned, controlled or licensed by or to VMS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws to the extent any exist.

Except as expressly provided in these Terms of Use & Service, no part of the Products and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial purpose, without VMS' express prior written consent.

You may use information on VMS products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by VMS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

Use of Website(s)

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. VMS reserves the right to bar any such activity.

Unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VMS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means is strictly prohibited. In the event you attempt unauthorized access through any of the above-mentioned means, your right to use and access the website will be immediately terminated.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of VMS, including any VMS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or VMS' systems or networks, or any systems or networks connected to the Site or to VMS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VMS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use & Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of VMS or others.

 

Terms of Service

All support requests for service (the “Service”) (incidents and change requests) need to be reported by submitting a form on BodyViz’s Customer Support web page (the “Support Form”). This enables for all required information to be properly logged and can be addressed in the fastest and most efficient manner.

All Service requests must be made through one of the following:

BodyViz Support Form 

BodyViz Support Email

After submission in the Support Form, VMS will analyze the support request and, if applicable, try to reproduce the incident or evaluate the completeness of the information. If VMS determines the root cause of the incident is the Application, VMS will resolve the issue accordingly. If the root cause of a reported incident is deemed to be an external failure (i.e. the root cause is not the Application), VMS shall inform the Customer of such fact either by email or by phone, and VMS will have no obligation to resolve such issue. However, in such a case, VMS shall use reasonable efforts in supporting Customer in resolving the support request.

At any time during your subscription with VMS, an escalation may be initiated after you have worked through our standard support processes with our teams and you are not satisfied with the level or timeliness of service you received. Additionally, an escalation should be initiated when there is tangible impact to your production environment, or there is substantial risk to the business operations. The entry point into the VMS escalation process is through your support request. Please note that for an issue to be escalated, a support request must be created. Escalation can be initiated by either: (i) within the VMS Support Form (ii) via email to support@bodyviz.com. For either options (i) or (ii) above, Customers are expected to provide a clear and concise description of the issue at hand and the urgent reason for initiating the escalation process.

 

Other Terms and Conditions

Additional terms and conditions may apply to purchase and/or use VMS' software on additional devices such as, but not limited to, mobile and handheld devices, all of which terms are made a part of these Terms of Use & Service by this reference. You agree to abide by such other terms and conditions, including whether applicable representing that you are of sufficient legal age to use or participate in such a service or feature. To the extent possible, these Terms of Use & Service and any additional terms and conditions shall be read as one continuous document. In the event of conflicting terms within the Terms of Use & Service and additional terms and conditions, the latter terms shall control with represent to your use of a portion of the Site, specific service and/or application on any other device.

VMS may make changes to any Products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and VMS makes no commitment to update the materials on the Site with respect to such products and services.

 

Security

Certain features or services offered on or through the Site or Products may require you to open an account and set up a username and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify VMS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by VMS or any other user of or visitor to the Site or Product due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. VMS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

Privacy

VMS' Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use & Service by this reference. Additionally, by using the Site or Products, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Student Pricing Policy

We are dedicated to providing accessible solutions to enhance your learning experience. Please review our pricing policy below:

Student Pricing

BodyViz offers a special pricing plan for students at the cost of $100. This pricing plan is designed to make our 3D anatomy learning platform accessible to students looking to enhance their understanding of human anatomy. 

How to Avail Student Pricing

To benefit from the student pricing plan, eligible individuals must meet the criteria outlined by BodyViz. Students can purchase the software at this rate directly from our BodyViz storefront. Your institution may contact you directly to provide you with a unique coupon to receive further discounts or credits.

Other Inquiries

  • For institutions, organizations, or educators with specific needs or inquiries beyond student pricing, we encourage you to contact the BodyViz team directly. Our team will work with you to understand your requirements and provide customized solutions.
  • For student purchases, please visit the BodyViz storefront.
  • For other inquiries or customized solutions, please contact the BodyViz team at info@bodyviz.com.

BodyViz reserves the right to update or modify this pricing policy at any time without prior notice. Ensure that you review the policy periodically for any changes.

 

Refund Policy

At BodyViz, we understand that circumstances may arise where you may need to request a refund for your license purchased through the BodyViz store. Please review our refund policy below to ensure a smooth process. 

Refund Eligibility

  • Product Defects: If you encounter any technical issues or defects in our software that impede its functionality, you are eligible for a full refund within 30 days from the date of purchase.

  • Unsatisfactory Performance: If, after purchasing our software, you find it does not meet your expectations or does not perform as described, you may request a refund within 30 days from the date of purchase.

Refund Process

To request a refund, please follow these steps:

  1. Contact Support: Reach out to our customer support team at support@bodyviz.com within the eligible refund period.

  2. Provide Details:  Clearly describe the issue you are facing or the reason for your dissatisfaction. Providing detailed information helps us understand and address your concerns promptly.

  3. Resolution Attempts: Our support team will work with you to resolve the issue. If we are unable to resolve it to your satisfaction, we will initiate the refund process.

  4. Refund Approval: Upon approval, your refund will be processed within 30 business days, and the amount will be credited to the original payment method.

Exceptions

Please note that our refund policy does not cover:

  • Change of Mind: Refunds will not be provided for purchases where the customer has had a change of mind.

  • Abuse of Software: Refunds will not be granted for cases where the software has been misused, modified, or altered.

Contact Us

If you have any questions about our refund policy, please contact us at support@bodyviz.com.

BodyViz reserves the right to update or modify this refund policy at any time without prior notice. Ensure that you review the policy periodically for any changes.


Disclaimers

VMS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, CONTENT, AND PRODUCT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VMS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. VMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VMS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY VMS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, ANY LINKED SITES, OR LINKS WITHIN PRODUCT. YOUR SOLE REMEDY AGAINST VMS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

VMS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, any portion of the Site, or Product, for any reason; (2) to modify or change the Site, any portion of the Site, or Product and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 
 

Indemnity

You agree to indemnify and hold VMS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against VMS by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use and Service

VMS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VMS' rights or property, or the rights or property of visitors to or users of the Site, including VMS' customers. VMS reserves the right at all times to disclose any information that VMS deems necessary to comply with any applicable law, regulation, legal process or governmental request. VMS also may disclose your information when VMS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that VMS may preserve any transmittal or communication by you with VMS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or VMS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use & Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of VMS, its employees, users of or visitors to the Site, and the public.

You agree that VMS may, in its sole discretion and without prior notice, terminate your access to the Site or Product and/or block your future access to the Site or Product if we determine that you have violated these Terms of Use & Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use & Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to VMS, for which monetary damages would be inadequate, and you consent to VMS obtaining any injunctive or equitable relief that VMS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VMS may have at law or in equity.

You agree that VMS may, in its sole discretion and without prior notice, terminate your access to the Site or Product, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If VMS does take any legal action against you as a result of your violation of these Terms of Use & Service, VMS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to VMS. You agree that VMS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use & Service agreement.

 

Governing Law

You agree that all matters relating to your access to or use of the Site or Product, including all disputes, will be governed by the laws of the United States and by the laws of the State of Iowa without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Polk County, Iowa, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use & Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between VMS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Uploaded Material

VMS requires you to register an account before uploading data to the Site and/or using the any VMS software. In registering with VMS, you are agreeing that all Material uploaded is your property and that you have obtained all proper permissions necessary to transfer the Material. To the extent you are associated with an institution, you certify that they have obtained all proper permissions from the institution's technology and legal department before disclosing Material which might be patentable or otherwise protectable. In uploading Material through the Site, you retain all of ownership rights in the Material to the extent any exist. However, Users grant VMS, its subsidiaries and users, a non-exclusive, perpetual, worldwide, transferrable, fully paid up and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and alter the Material in any way and for any purpose, including, but not limited to: use on VMS websites and in VMS products, manuals and technical explanation guides, for educational, teaching, scientific, research, and commercial purposes, and any other use as determined by VMS. You confirm you have removed any Personal or Patient Identifiers from the Material.

By visiting the Site or using the BodyViz Software or any other VMS Software, you also agree to abide by or authorizing VMS to alter your submission to abide by HIPAA standards. HIPAA requires that all patient data must be properly stripped of all patient identifiers. These identifiers include, but are not limited to: Names; All geographical subdivisions smaller than a State; All elements of dates; Phone numbers; Fax numbers; Electronic mail addresses; Social Security numbers; Medical record numbers; Health plan beneficiary numbers; Account numbers; Certificate/license numbers; Vehicle identifiers and serial numbers, including license plate numbers; Device identifiers and serial numbers; Web Universal Resource Locators (URLs); Internet Protocol (IP) address numbers; Biometric identifiers, including finger and voice prints; Full face photographic images and any comparable images; and any other unique identifying number, characteristic, or code.

VMS makes every effort to remove all personal health information and identifiers. In uploading the Material, you acknowledge that these identifiers have been removed from the Material. You waive and agree to indemnify VMS from all damages and claims related to the unintentional publication of Material containing said identifiers. In the event you discover an identifier has been unintentionally disclosed, you agree to immediately notify VMS of the discovery. Further, you agree to make no attempt to identify individuals from data and metadata elements that may remain in material utilized and produced in the BodyViz Software.

 

Miscellaneous

If any of the provisions of these Terms of Use & Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use & Service, so that these Terms of Use & Service shall remain in full force and effect. These Terms of Use & Service constitute the entire agreement between you and VMS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and VMS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with VMS, VMS will not accept any counter-offers to these Terms of Use & Service, and all such offers are hereby categorically rejected. VMS' failure to insist on or enforce strict performance of these Terms of Use & Service shall not be construed as a waiver by VMS of any provision or any right it has to enforce these Terms of Use & Service, nor shall any course of conduct between VMS and you or any other party be deemed to modify any provision of these Terms of Use & Service. These Terms of Use & Service shall not be interpreted or construed to confer any rights or remedies on any third parties.