Conditions of Use for the -AcrivaUD Easy Toric Calculator- Toric Calculator of VSY Biotechnology BV

The following conditions of use shall apply only and solely to the use of the AcrivaUD Easy Toric Calculator software for the calculation of the refractive power recommended by VSY Biotechnology BV. The acceptance of these Conditions of Use by the user is mandatory.

The following conditions of use are applicable to all customers. Any country may have its specific conditions of use that are not these.
AcrivaUD Easy Toric Calculator is a service of VSY Biotechnology BV.

1.Conditions of use of AcrivaUD Easy Toric Calculator
Based on biometric data and on determined input by the medical specialists AcrivaUD Easy Toric Calculator   will make a calculation of a recommended refractive power for the implantation of a suitable intraocular implant for the patient considered.
The recommended refractive power may vary significantly from a patient to another. Unforeseeable errors happening postoperatively due to a displacement of the Intraocular lens and technical deviations cannot be taken into account. AcrivaUD Easy Toric Calculator offers recommendations that are approximate values based on general experience and exclusively linked to the calculation algorithm.
The correctness and accuracy of the biometric input data has not been verified by AcrivaUD Easy Toric Calculator   .
The Specialist must discard any recommended refractive power that could be rejected by any internet interruption, reboot of the system or any failure from an interrupted or poor and invalid internet connection.

2.Users of AcrivaUD Easy Toric Calculator
Hereinafter we refer medical experts as “Specialists”.
The AcrivaUD Easy Toric Calculator is free and exclusive to Specialists as stipulated in section 1. The Specialist shall have the responsibility to protect the AcrivaUD Easy Toric Calculator from a third party unauthorized access.

Manipulation of the program and its access in any other way than going through the Login is prohibited. The user shall be obliged to protect Acriva UD Easy Toric Calculator from unauthorized access by third parties.

4. Limited liability
Specialists are fully and without limitation liable for the validity of the input data and for  unverified practical implementation of a recommended value given by AcrivaUD Easy Toric Calculator .
Specialists assume full liability for medical accuracy, integrity and use of the recommended values given by AcrivaUD Easy Toric Calculator .
Specialists assume unlimited liability for any consequence, direct or indirect resulting from a post-operative damage.

Commensurate with the non-binding character of the recommendation, liability is assumed by VSY Biotechnology BV only for gross negligence and its part or on the part of its representatives and agents. Unless and willful breach of the contract or violation of major contractual obligations can be proven, further liability shall be limited to the damage foreseeable and typical occurring.
This shall be without prejudice to liability due to a culpable risk of life, body or health.

5. Protection of the data
Specialists are entitled to respect the protection laws and anonym of their patients. Recording by VSY Biotechnology BV of any data resulting from AcrivaUD Easy Toric Calculator use by Specialists is limited to internal statistics, for improvement and monitoring of the use and service of AcrivaUD Easy Toric Calculator. Any personal data submitted by Specialists will not be used for any other purpose than the purpose of the use of the AcrivaUD Easy Toric Calculator. These data will never be disclosed to a third party without the prior written approval of the Specialists. Associates of VSY Biotechnology BV within the meaning of Art shall not be deemed third parties. Data stored will be deleted if the Specialists revoke their explicit consent to such storage unless required and permitted by law. These data will be stored and blocked by VSY Biotechnology BV.

Should any provision of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provision. Any omissions shall be supplemented by new provisions which fulfill the original purpose of the conditions of use.

7.Applicable law
This agreement is governed by German law in exclusion of conflicting rules.