eoSurgical Terms Of Service (includes SurgTrac, InsTrac, and TopScalpel)

Date of Last Update: July 14th 2023

 

eoSurgical design take-home surgical simulation products and tools that empower trainee and practicing surgeons to acquire relevant psychomotor skills. These Terms of Service (“Terms”) govern your use of our simulators, our software, our websites, including www.eosurgical.com, the eosurgical mobile application, and other eoSurgical services (collectively, the “eoSurgical Service”).

You must accept these Terms to create a SurgTrac or InsTrac or any eoSurgical account and to use the eoSurgical Service. If you do not have an account, you accept these Terms by visiting www.eosurgical.com or using any part of the eoSurgical Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT www.eosurgical.com OR USE THE EOSURGICAL SERVICE. By proceeding you agree to all the terms and conditions contained within this document and acknowledge that you have read the statement in its entirety and agree to be bound by it. eoSurgical Ltd is registered in the UK (SC 415155) and this transaction is governed by the local laws.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.eosurgical.com. We will notify you by email, through the eoSurgical Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the eoSurgical Service after a modification is posted, you are telling us that you accept the modified terms.

eoSurgical Privacy Pledge

Our goal is to help you develop relevant surgical skills through simulation. Our products and services provide tools to track your instruments and therefore provide feedback about your learning, enable to you to set goals, and compare yourself with your peers. As we build these tools, we are committed to the principles of respecting your privacy, keeping your data safe, and letting you decide how your information is used and shared. This is our Privacy pledge:

We will only collect data that is useful to improving eoSurgical products, services and your experience. 

We will be transparent about our data practices and will explain them in clear language.   

We will never sell your data.                  

We will always take the security of your data seriously.

Specifically:

By enrolling in SurgTrac you consent to your data and videos being used to create an online leader-board of scores generated during simulated surgical tasks. By proceeding, you agree to allow eoSurgical ltd to store and analyse this data and videos. You agree to the data and videos being be used to generate metrics of performance, to compare your uploaded data and videos with your own previous data and videos, and also that of other users.

You agree to allow eoSurgical ltd to analyse, use and distribute your anonymised data and videos for publication online, in academic presentations and publications and in any other form of media. This includes consent to the sharing of this anonymised data and videos with other professional institutions and other bodies for the improvement of surgical education and training.

By agreeing to these terms and conditions you accept that use of the eoSurgical Service does not constitute any formal assessment of skill, qualification, nor guarantee of surgical ability. Positioning on the TopScalpel/SurgTrac leader board is for informal personal assessment and comparison of performance on simulated tasks and is no statement nor guarantee of surgical ability. eoSurgical ltd accept no liability for any harm resulting from the misuse of this information. 

By enrolling with eoSurgical Services you also agree to eoSurgical Ltd storing your details for the purposes of marketing; we do not have access to your bank or credit card details. We will contact you from time to time with newsletters and updates and may share your details with carefully selected partner companies for the purposes of direct marketing. If you do not wish to have your details stored in this way then please contact us via info@eosurgical.com

Creating an Account

Full use of the eoSurgical Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. eoSurgical is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. 

We may need to contact you about your use of the eoSurgical Service. These communications are part of the eoSurgical Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the eoSurgical Service is dependent upon your use of suitable hardware (the eoSim or other compatible laparoscopic box trainer), a computer with adequate software, or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the eoSurgical Service and it is your responsibility to ensure the equipment’s functionality.

Posting Your Content On The eoSurgical Service

Use of SurgTrac and other eoSurgical software requires the upload of videos of your performance of simulated surgical tasks. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the eoSurgical Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You also agree that Your Content will comply with the following community guidelines:

Be respectful of the opinions of others. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.

Do not post profane or explicit content.

Do not post profile pictures that might be considered inappropriate.

Do not post communications that could be interpreted as threatening or harassing.

Do not post, advertise, or promote products or services commercially.

eoSurgical ltd retains the right to remove any content it deems to be in breech of these guidelines and principles.

eoSurgical’s Rights

“eoSurgical Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the eoSurgical Service to you. Except for Your Content, eoSurgical Content, the eoSurgical Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the eoSurgical Service.

What You Can Do On The eoSurgical Service

The eoSurgical Service is intended for your personal, non-commercial use as an aid to learning. eoSurgical grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the eoSurgical Content, (2) access and use the software and mobile applications provided by the eoSurgical Service, and (3) use the software that partners eoSurgical products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the eoSurgical Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the eoSurgical Content, eoSurgical Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by eoSurgical or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The eoSurgical Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the eoSurgical Service: (1) use, display, mirror or frame the eoSurgical Service or any individual element within the eoSurgical Service, eoSurgical name, any eoSurgical trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without eoSurgical express written consent; (2) access or tamper with non-public areas of the eoSurgical Service, eoSurgical computer systems, or the technical delivery systems of eoSurgical providers; (3) test the vulnerability of any eoSurgical system or breach any security or authentication measures; (4) circumvent any technological measure implemented by eoSurgical or any of eoSurgical providers or any other third party (including another user) to protect the eoSurgical Service or eoSurgical Content; (5) access the eoSurgical Service or eoSurgical Content through the use of any mechanism other than through the use of an Authorized Connection, eoSurgical Service or eoSurgical API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that eoSurgical provides to you or any other part of the eoSurgical Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the eoSurgical Service, eoSurgical Content, or Your Content or to review or edit any eoSurgical Content or Your Content, but we have the right to do so for the purpose of operating the eoSurgical Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the eoSurgical Service, any eoSurgical Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the eoSurgical Content, Your Content, or your use of the eoSurgical Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the eoSurgical Service.

Use the eoSurgical Service At Your Own Risk

We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the eoSurgical Service. eoSurgical Ltd is a provider of training equipment for the learning and practice of surgical skills. These products are not toys and are not suitable for use for children under any circumstance, or any person whose impaired comprehension or function might expose them to risk of injury by using the product. Purchase and training with this equipment is not a replacement for formal education and training in surgery. Using eoSurgical hardware and software does not by itself guarantee you will acquire skills that allow you to safely practice surgical skills in the clinic. You should not undertake any surgical procedure on a living organism or being without having fulfilled the appropriate regulatory requirements of the country in which you live or work.

Use of any of our products in a way not expressly intended may result in injury to yourself or others and should not be performed. Indicative uses of our products may be found on our official eoSurgical instructional videos (www.eoSurgical.com), but this does not guarantee that you can perform them safely. Your purchase may also include instruments or sutures. If this is the case you acknowledge that these are potentially dangerous materials and may cause harm to yourself or others if used inappropriately or without due care. You agree that you will not use these materials unless you have taken steps in terms of education and or supervision to ensure that you can use them within the limits of your own competence and the safety of yourself and others. You also undertake to make safe disposal of these materials and to dispose of them in a way that meets any regulatory requirements of the jurisdiction in which you are located. The disposal of other parts of our products, such as electrical components, may also be governed by local legislation that will change form time to time, but that you are required to adhere to at the time of safe disposal.

Hardware & Software.

If your use includes access to eoSurgical software, you acknowledge that the software remains wholly owned by eoSurgical. You may not transfer any right to use the software to any other person or organisation. The software may be modified or withdrawn at any time and without notice. The access you have in relation to your purchase is for your own single use and cannot be shared with others. We may from time to time place a limit on the amount of hours per unit period that the software will be able to be activated if we have concerns that this agreement to a single use license is being breeched. If you wish to have access for multi-user then this can be purchased separately from eoSurgical Ltd and will be covered by its own terms and conditions.

Indemnity

You will indemnify and hold harmless eoSurgical and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the eoSurgical Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation Of Liability

NEITHER EOSURGICAL, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE EOSURGICAL SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE EOSURGICAL SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EOSURGICAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL EOSURGICAL‘S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE EOSURGICAL SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO EOSURGICAL FOR USE OF THE EOSURGICAL SERVICE OR ONE HUNDRED POUNDS (£100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EOSURGICAL, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EOSURGICAL AND YOU.

By completing and submitting the following electronic registration form you are confirming that you agree to these terms and conditions.