Coviu API Terms Of Service

 

These Service Terms between you (if you are an individual) or your organisation (if you are representing an organisation) (customer; you) and Coviu Global Pty Limited (Coviu Global; us) apply to your use (including use by your employees, contractors, agents) of the Coviu API Service. The Coviu API Service covers the Coviu Session API available for self-signup on our Website (https://www.coviu.com/coviu-api/). By registering to use the Coviu API Service, you acknowledge and agree that your representative is agreeing on your behalf to be bound by these Service Terms, the Coviu Website Terms of Use and the Coviu Privacy Policy.

The Coviu API Service is a communication-enabling service which includes the Session API, SDKs, software, code snippets, documentation, technical support, the Site itself, and the features, functionality, and connectivity provided through Coviu’s proprietary platform.

Account Creation And Access

To use the Coviu API Service, you must have Internet access and create a Coviu Account on the Coviu Website.

Coviu will strictly sell the Coviu API Service through and with the approval of an adult user. If a user is under 18 years of age, he/she may not purchase any products or services through Coviu.

To register for a Coviu Account, before using and accessing the Coviu API Service, you will need to:

  1. provide any details requested such as details about your business;
  2. provide your name and email address.
  3. provide a current, valid, accepted method of payment (Payment Method).

By registering, you become the administrator of that Coviu account that you access using a User Account consisting of a username and password. The username is your email address. You must log in using your username and password to use the Coviu API Service.

You must maintain the confidentiality of your username and password.

As the administrator, you are responsible for all activities that are conducted through your Coviu Account whether or not you have authorised such use. It is a condition of use of the Coviu API Service that you ensure that your contact details are kept up-to-date and accurate. You can change or correct your information by logging-in to your profile.

You must contact us immediately if you believe someone has gained unauthorised access to your Coviu Account.

You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Coviu and User Accounts.

By registering and clicking “[CREATE MY ACCOUNT]”:

  1. where the customer is an individual, you agree to be bound to these Service Terms;
  2. where the customer is a corporation or other organisation:
    1. the customer acknowledges and agrees that its representative is agreeing on behalf of the corporation or other organisation to be bound by these Service Terms; and
    2. the customer warrants that the customer’s representative has the authority to agree to these Service Terms on behalf of the customer.

You are permitted to use the Coviu API Service only for legal purposes, including to carry out a business that provides consultations to clients or patients.

You can request that your account be disabled via the Settings section of your Coviu account or by contacting us at support@coviu.com.

Authorised Users

As a Coviu Account administrator, you have important rights and controls over the use of your Coviu Account and any authorised users.

Authorised Users means you (if you are an individual), your officers, employees or contractors who have been expressly invited by you to participate as authorised users of our service. The express invitation happens via invitation from your Coviu Account and adds additional User Accounts to your Coviu Account.

As the Coviu Account administrator, you manage access rights, user roles and access of other Authorised Users on your account. You also manage any configuration and setup of the Coviu Account. You also manage payments associated with the Coviu Account which cover for all Authorised Users. You can also make other Authorised Users administrators.

You agree that our responsibilities do not extend to the internal management or administration of the Coviu Account for you.

You must ensure that when accessing the Coviu API Service, any Authorised User observes all of our security, administrative and other reasonable requirements and directions, and complies with these Service Terms as if it were a party to it.

Use Of The Service

You must (and must ensure that your Authorised Users) use the Coviu API Service in accordance with these Service Terms and all applicable laws. You must not (and must ensure that the Authorised Users do not):

  1. subject to the warranty provided by us below, use the service in a way which may infringe the rights of any third parties;
  2. interfere with or disrupt the integrity or performance of the service, or upload or permit any virus or malicious code to adversely affect the service or any associated equipment;
  3. reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the service or any part of it; or
  4. copy, reproduce, publish, exploit or use any part of the service for the purpose of resale, to offer or make available products or services similar to the service or for any purpose other than as expressly permitted under these Service Terms; or
  5. share username and passwords with other users. Usernames are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using accounts and passwords, and you agree to immediately notify us of any unauthorized use of which you become aware.

We warrant that to the best of our knowledge the Coviu API Service does not, and (when used by you as permitted under these Service Terms) will not, infringe any third party’s rights (including Intellectual Property Rights) or breach any law.

Support

During the Subscription Term, we will provide basic support for the Coviu API Service. You will have access to free self-help resources at https://help.coviu.com/. You will have access to contact support via support@coviu.com and we will reasonably reply as and when appropriate. You can also reach out for support via our chat interface available at https://www.coviu.com/ and we will reply in a timely fashion to reasonable requests.

Training is not included in the Coviu API Service. You may purchase custom Coviu training courses for yourself and your team by contacting support@coviu.com.

These Terms do not entitle you to any serious support for the Platform or the Service, unless you make separate arrangements with Coviu and pay all fees associated with such support (if any). Any such support provided by Coviu shall be subject to the Terms as modified by the associated support agreement.

Fees

The Coviu API Service is offered as a monthly subscription with a pre-payment for a certain number of calls per month. Any number of calls that surpass the included number of calls are being charged in the next month. For the pre-payment amount and per-call cost, check the Website.

At the end of the subscription period, your access to the Coviu API Service will automatically renew for another subscription term equal to your initial subscription term unless you cancel your subscription. The subscription fee will be charged to your Payment Method. Unless you cancel your account at least 24 hours before your monthly billing date, you authorise Coviu Global to charge the next month’s or next year’s subscription fee to your Payment Method.

The subscription fee for the Coviu API Service and any other charges you may incur in connection with your use of the Coviu API Service including taxes and any transaction fees, will be charged to your Payment Method on a monthly or annual basis on the calendar day corresponding to the date you registered to use the Coviu API Service. Your payment date may change in certain circumstances, for example if your payment was unsuccessful or delayed for any reason.

You may add users and otherwise increase your use of Coviu API Service by placing a new order via the Coviu Account online. Unless otherwise specified in the applicable order, we will charge you for any increased use at our then-current rates, prorated for the remainder of the then-current subscription term.

Coviu may use a third party payment service provider to process payments due to Coviu and you may be required to agree to additional terms between you and the third party payment service provider in order to pay for and use the Coviu API Service.

If a payment is not successful including due to issues with your Payment Method (for example, expiration of your Payment Method or insufficient funds) and you do not update your Payment Method or cancel your account, Coviu may cancel your account or suspend access to the Coviu API Service until payment has been received. You remain responsible for any outstanding payments owing to Coviu and authorise Coviu to charge any outstanding payments to your updated Payment Method.

Coviu may change the subscription plans for the Coviu API Service from time to time and will provide you with at least 30 days’ notice before the change comes into effect. Coviu may decide to apply new subscription plans only to new users in which case you will be grandfathered on your existing subscription plan. Coviu may – acting reasonably – move you to another subscription plan of their choice.

You may cancel your subscription to use the Coviu API Service at any time – including when you don’t agree with a change to a subscription plan – and your service will be terminated immediately. You can request that your account be terminated via the setting section of your Coviu account or by contacting Coviu at support@coviu.com. If you cancel your subscription, you will no longer have access to the Coviu API Service and will not be entitled to a refund.

Additionally to the service fees, we will charge you, and you shall pay, any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunication provider as a result of your use of the Services.

Free Trial

Your subscription may start with a free trial for a period of one or more weeks (Free Trial Period). Free trials are only open to new subscribers who meet the eligibility requirements set out in these Service Terms and may only be claimed once per account. Free trial eligibility is determined by Coviu Global in its sole discretion and Coviu Global reserves the right to limit free trial eligibility to prevent abuse of the free trial offer.

During the Free Trial Period, you will be provided with access to the Coviu API Service.

We will charge the Coviu API Service subscription fee to your Payment Method on the first day after the end of the free trial period (this date will be considered your registration date for the purposes of these Service Terms). Your credit card will then be charged monthly on that date in accordance with the billing cycle for your selected subscription plan.

Session specification

The Coviu API Service is charged based on the number of sessions held per month.

Sessions are created using an API (Application Programming Interface) key that you create within your Coviu API Account. If you share your API key with any person, you (and not Coviu Global) are responsible for any actions that person may take. If you believe that someone has used your API key without your permission, contact us at support@coviu.com.

Sessions have the following restrictions:

  1. A billable session has a minimum of 2 minutes – sessions shorter than 2 minutes are not charged.
  2. The maximum session duration that can be created is 12 hours.
  3. A session can be created at any time but can only be entered 10 minutes before the start and 10min after the end of a session.
  4. A session that is active will continue to be active until the last person left.

Integration Of The Service

The Coviu API Service provides you with the ability to add video calling sessions into your own application (“Your Product”). Coviu provides a REST API and SDKs for Android and iOS so you can include the functionality both on your own application servers as well as any frontend software.

From time to time, Coviu may update its REST API, SDKs and files on our servers which may automatically change the functionality of the Platform or Service. You consent to those updates and agree to update your codebase in a reasonable and timely fashion after Coviu makes modifications to the Service or Platform available.

When users interact with the Service, Coviu receives and stores certain personally non-identifiable information as well as aggregated user information and statistics, such as number of unique users, number of sessions and total minutes streamed. Coviu may store such information itself or such information may be stored by and shared with Coviu affiliates, agents, service providers and current and prospective business partners. Coviu uses the foregoing information to provide, improve, market and enhance its products and services and for other lawful business purposes. You agree to such usage of data.

Coviu reserves the right to place volume limitations on access to the Platform or Service. Coviu reserves the right to cap concurrent video chat sessions conducted via Your Product in its discretion.

Other than through the API configuration options provided by Coviu, you may not, nor allow any third party to, alter, change or modify any user interface, feature or functionality of the Service without the express written consent of Coviu.

You hereby grant Coviu a limited, non-exclusive, non-transferable, non-sublicensable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that you use the Platform and the Service.

You may not display Coviu Marks on Your Product (or otherwise) other than solely for the purpose of disclosing that Your Product has implemented the Service in a manner that does not suggest any further relationship or endorsement of Your Product by Coviu.

You may not sell or otherwise display any advertising, promotion or sponsorship within the Service (pre-roll, post-rolls).

You are solely responsible for all information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials (“content”) that you or any of Your Product users upload, store, post, publish, display or otherwise transmit or use (hereinafter, “post”) in connection with the Service.

Prohibited Use

You are solely responsible for all content, services and advertising available through Your Product. You may not incorporate or use the Service in connection with Your Product if Your Product or any of the content, services or advertising available on Your Product (or if your use of the Service otherwise) falls within any description below:

  • Is primarily directed to children aged 13 or under or that has children aged 13 or under as a significant proportion of its users, unless it’s a medical service;
  • Uses the Platform in, or to develop, a product or service that competes with products or services offered by Coviu;
  • Contains adult entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
  • Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
  • Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);
  • Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons.

If you are unsure whether Your Product meets any description above, please email us at support@coviu.com so we can discuss whether your proposed use is acceptable.

Archiving And Storage Of Recordings

The host can choose to record Coviu sessions. By using the Services, you are giving Coviu consent to store recordings for any or all Coviu meetings that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. For recordings that are started during a session, participants can refuse consent. For default recorded sessions, guests will need to provide consent on entry. If they do not consent to being recorded, they can choose to leave the session.

You acknowledge and understand that there are federal, state, local and international laws governing the electronic recording of communications and that Coviu will not be liable for any illegal use of the Service. You should carefully review your own circumstances when deciding whether to use the recording features of the Service and it is your responsibility to determine if the electronic recordings are legal under applicable federal and state laws.

You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded. In addition, you acknowledge that the storage of recorded communications is not guaranteed by Coviu and agree that Coviu will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.

Coviu will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to recordings, in accordance with industry standards.

Confidentiality

Both you and we agree to keep confidential all information received from each other under or in connection with these Service Terms and to only use such information for the purposes of performing the party’s obligations under these Service Terms except:

  1. disclosure may be made to a party’s employees, officers, consultants, contractors and agents who require access to that information to allow the recipient to perform its obligations under these Service Terms subject to those persons agreeing to keep the information confidential on terms equivalent to these Service Terms; or
  2. if the information is:
    1. in the public domain or comes into the public domain otherwise than by disclosure in breach of these Service Terms; or
    2. independently developed or acquired by the recipient prior to obtaining it from the discloser; or
    3. received by the recipient from a third party who has the right to provide that information without breach of any legal obligation;
  3. where required by law or a government agency to disclose the information; or
  4. where otherwise authorised by the discloser.

The provisions under this “Confidentiality” section survive termination of these Service Terms.

Data And Intellectual Property

You acknowledge and agree that all Intellectual Property Rights (as defined below) in the Coviu API Service, including the software, any modifications to the software, the Derivative Products (as defined below) or any other data or deliverables proprietary to us and/or our Coviu API Service providers used by or provided to you in connection with the Coviu API Service (excluding any of Your Data, as defined below), are and remain our property and/or the property of the Coviu API Service providers and you acquire no such right or interest in such property.

We acknowledge that Your Data remains your property.

You grant to Coviu Global and our service providers a worldwide, non-exclusive, perpetual, irrevocable, royalty free licence to use the Intellectual Property Rights in Your Data to the extent required to enable Coviu Global and our service providers to provide you with the Coviu API Service. You warrant that the use of Your Data by Coviu Global as permitted by these Service Terms, will not infringe any third party’s rights (including Intellectual Property Rights) or breach any law, and you agree to indemnify Coviu Global and its respective employees, officers, consultants, contractors and agents against any liability suffered arising from any claims by third parties that such use infringes the rights of a third party or breaches any law.

The provisions under this “Data and Intellectual Property” section survive termination of these Service Terms.

User Add-Ons

We may, from time to time, make available SDKs or APIs and associated materials to software developers. We grant you a non-exclusive, royalty-free licence for you to reproduce for the term of the Service Terms any such SDK or API solely for the purpose of developing add-ons, extensions, plugins and/or other software products or services that are integrated or interoperate with the Coviu API Service (User Add-ons). You may distribute and sub-license your User Add-Ons to third parties but only in accordance with the materials published or released by Coviu and only to third parties approved by Coviu. The distribution will typically be through our Coviu Add-on Marketplace and a commercial model will be negotiated separately between you and us. Nothing in these Service Terms affects the ownership of the intellectual property rights in the SDKs and APIs licensed to you in this clause.

You warrant that the use of the User Add-ons, will not infringe any third party’s rights (including Intellectual Property Rights) or breach any law, and you agree to indemnify Coviu Global and its employees, officers, consultants, contractors and agents against any liability suffered arising from any claims by third parties that such use infringes the rights of a third party or breaches any law or your breach of this section.

Security And Storage

We store all data used in connection with the Coviu API Service (including Your Data) in our ordinary IT systems, including in cloud servers or for select purposes the servers of third parties. Please refer to https://help.coviu.com/faqs/operational-faqs/privacy-security-of-data for an overview of the security we implement. You agree that we need not take any additional steps to secure Your Data beyond our ordinary security steps.

We will also not be liable for any loss or damage you suffer because of technical issues caused by a third party, or for reasons that are beyond our reasonable control. Without limiting any other provisions of these Service Terms, you acknowledge that use of the Coviu API Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.

Liability

We will not be liable for any disruption or suspension to the service due to circumstances beyond our reasonable control, including as a result of unavailability of third party software, services or infrastructure (including telecommunications infrastructure), fire, storm, flood, earthquake, act of terrorism or war, industrial action and compliance with any government directive.

To the maximum extent permitted by law:

  1. despite any other provision in these Service Terms, neither Coviu Global, nor any of their employees, officers, consultants, contractors and agents will be liable to you or any other person or entity for any special, indirect or consequential loss or damage (howsoever caused, including due to negligence) arising out of or in connection with these Service Terms (including for non-availability or use of the Coviu API Service, including any SDKs or APIs made available to you, or use or reliance on information contained in or linked to or from this service); and
  2. the liability of Coviu Global or any of their employees, officers, consultants, contractors and agents under or in connection with these Service Terms (including for negligence, non-availability or use of the Coviu API Service, including any SDKs or APIs made available to you, or use or reliance on information contained in or linked to or from this service) is limited, at our option, to the total fees paid for the service in the 12 months preceding the event upon which the liability is predicated, or to the supply of the relevant service again or the payment of the cost of having that service resupplied.

Other than those expressly set out in these Service Terms or any statutory guarantees that cannot be excluded, Coviu Global does not provide any warranty, either express or implied, in relation to your use of the Coviu API Service or as to the availability, quality, currency, completeness, accuracy or suitability for any particular purpose of the information contained in the Coviu API Service, including as to data outputs or any Derivative Product.

Nothing in these Service Terms restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If any law implies a condition or warranty into these Service Terms which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited, at our option, to the total subscription fees paid for the service during the 12 months period preceding the event upon which the liability is predicated, or to the supply of the relevant service again or the payment of the cost of having that service re-supplied.

The provisions under this “Liability” section survive termination of these Service Terms.

Third Party Providers

Coviu Global relies upon third parties to provide certain of the communications and technical infrastructure and services to support provision of the Coviu API Services.

Suspension And Maintenance

We may restrict or suspend your access (and your Authorised Users’ access) to the Coviu API Service if you or an Authorised User breaches these Service Terms.

Your access to the Coviu API Service may also be restricted or suspended for purposes of performing maintenance.

Termination

Without limitation to other rights you may have under these Service Terms to cancel your subscription, you may at any time terminate your access to the Coviu API Service through the Account settings section in your Coviu account or via email to support@coviu.com.

We rely on third parties to provide the infrastructure for the Coviu software as a service utilised by the Coviu API Service and should access to such infrastructure be terminated for any reason, Coviu Global is not liable for any disruption or suspension of the Coviu API Service, and reserves the right to terminate or cease provision of the Coviu API Service to you by no less than 90 days’ written notice to you.

If the Coviu API Service is terminated for any reason, we shall provide you with reasonable assistance as required to provide you with a copy of Your Data as well as a pro-rata refund of subscriptions fees for any paid but unused subscription time. We will permanently erase all of the Data following the completion of this obligation,

Changes To Service Terms

We reserve the right to update or amend these Service Terms at any time. You should check this page from time to time to make sure you are aware of any changes.

Your access and use of the Coviu API Service following agreement on any changes to the Service Terms will be on the amended Service Terms.

Reseller Orders

These Service Terms apply whether you purchase the Coviu API Service directly from Coviu Global or through Coviu Global Resellers. If you purchase through a Reseller, your Scope of Use shall be as stated in the Order placed by Reseller for you, and Reseller is responsible for the accuracy of any such Order. Resellers are not authorized to make any promises or commitments on Coviu Global’s behalf, and we are not bound by any obligations to you other than what we specify in these Service Terms.

Additional Terms

If any provision of these Service Terms is found to be invalid or unenforceable, the provision is deemed severed from these Service Terms and the remainder of the terms will continue in full force and effect.

You must not assign or novate these Service Terms, or your rights or obligations under these Service Terms, to another party without our prior written consent.

Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

Glossary

In these Service Terms, unless the context otherwise requires:

“Your Data” means data received by us from you and/or your Authorised Users, your patients and any guests in connection with the Coviu API Service.

“Derivative Products” means any report, program, enquiry tool or information product or service we provide that incorporates the Data.

“Intellectual Property Rights” means any patent, copyright, trade mark, trade name, design, trade secret, know how or other form of confidential information or any right to registration of such rights and any other form of intellectual property right, whether arising before or after the execution of these Service Terms.