Coviu Enterprise 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; Coviu Global; us) apply to your use (including use by your employees, contractors, agents) of the Coviu Enterprise Service. The Coviu Enterprise Service covers the video consultation software product provided to you at a Custom Domain. By signing an order form with Coviu to use the Coviu Enterprise 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 order form may contain additional terms and conditions and information regarding the Services you are ordering.

Services

Coviu will provide the Services as described on the order form, and standard updates to the Services that are made generally available by Coviu during the term. Coviu may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
Coviu may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Coviu makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.

Account Creation And Access

To use the Coviu Enterprise Service, you must have Internet access (separate fees may apply), video-enabled devices and certain software (typically a Web browser). Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

Coviu will strictly sell the Coviu Enterprise 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.

As part of the Coviu Enterprise Service, you will be able to run a white-labelled version of Coviu under a Custom Domain associated with your enterprise and to manage any accounts that are subscribed to your Coviu using that domain (“Custom Domain Customer”).

You may only associate to the Coviu Enterprise Services a domain that you own or are legally entitled to associate for use with the Services. In the event that a Coviu account is created or exists on the reserved domain, but is not authorized by the Custom Domain Customer (the “Unauthorized Domain Account”), the person using or creating such an Unauthorized Domain Account will be notified that the domain is reserved for the Custom Domain Customer and will be requested to change the domain associated with the Unauthorized Domain Account. If the person using or creating such an Unauthorized Domain Account does not change the domain within the period specified, that person will be deemed to have consented to the Unauthorized Domain Account being added to the Custom Domain Customer and to have further consented for all data associated with the Unauthorized Domain Account to be shared with the Custom Domain Customer.

Before using and accessing the Coviu Enterprise Service, you will need to provide Coviu with any details required to set up the Coviu Enterprise Account.

The following steps are expected to be executed between yourself and Coviu to set up your Coviu Enterprise Account:

  1. Custom Domain Setup
    • Provide Coviu with the name and email address of the account manager
    • Provide Coviu with a custom domain to host your platform on
    • Assuming you manage that domain, insert a CNAME record on that domain and on subdomains to point at _aliases.coviu.com DNS record
    • Coviu to raise an SSL certificate for the account
    • Insert a CNAME record for SSL certificate validation into that DNS record
    • Coviu to add SSL certificates to the load balancer for your Custom Domain
  2. Enterprise platform creation and configuration:
    • Coviu will set up a custom configured plan for you
    • You will provide Coviu with a custom logo & favicon for that domain
    • You may provide a URL for your custom cookie policy
    • You may provide a URL for your custom terms & conditions
    • Coviu may add your own site analytics tokens (Google Analytics)
    • You may invite platform administrators to the platform
  3. Custom phone number from which to send SMS:
    • You may provide Coviu with a phone number as sending number
    • Coviu may add a short code from where the SMS is sent
  4. Custom Email Address from which to send your emails:
    • You may provide Coviu with an email address from which account emails originate
    • Coviu may provide a DNS record for DCIM email validation

The Coviu Enterprise account manager will become the administrator of the Coviu Enterprise account and will access it 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 Enterprise Service licensed to you via your Coviu Account.

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 Enterprise 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 agreeing to license a Coviu Enterprise Service,

  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 Enterprise 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 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 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 Enterprise 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.

Guests or patients that join a registered user in a video call don’t have to register – they merely identify themselves to the registered user by name and image.

Use Of The Service

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

  • (a) subject to the warranty provided by us below, use the service in a way which may infringe the rights of any third parties;
  • (b) 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;
  • (c) reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the service or any part of it; or
  • (d) 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
  • (e) 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 Enterprise 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.

You are responsible for the activities of all Authorised Users and Guests who access or use the Service through your account and you agree to ensure that any such Authorised Users and Guests will comply with the terms of this Agreement and any Coviu policies. Coviu assumes no responsibility or liability for violations.

Support

During the Subscription Term, we will provide Support for the Coviu Enterprise 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 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.

Any further service levels associated with your account will be specified in any custom terms agreed with you.

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

Fees

“Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form.
“Service Effective Date” means the date an Initial Subscription Term begins as specified in an Order Form.
“Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.

You agree Coviu may charge to your credit card or other payment mechanism selected by You and approved by Coviu (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account.

Coviu may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Coviu will provide you with prior notice and an opportunity to terminate Your Account if Coviu changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Coviu is unable to collect the fees owed to Coviu for the Services through Your Account, Coviu may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Coviu in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Coviu may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

You can request at any time that your account be terminated by contacting Coviu at support@coviu.com. If you cancel, you will be required to pay for the committed Subscription Term, but will not be billed for any Renewal Terms. Service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

At the end of the subscription period, your access to the Coviu Enterprise 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 4 weeks before your term’s billing date, you authorise Coviu Global to charge the next term’s subscription fee to your Payment Method.

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 Enterprise 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 Enterprise 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.

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.

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.

Domain Name Ownership

Where you are required to specify a domain for the operation of a Cloud Product or certain Cloud Product features, we may verify that you own or control that domain. If you do not own or control the domain you specify, then we will have no obligation to provide you with the Cloud Product or Cloud Product features.

Single Sign-On

If you use single sign-on (SSO) for identity management of your Cloud Product(s) such that End Users will bypass these screens and our User Notice, you are responsible for displaying our User Notice to End Users and for any damages resulting from your failure to do so.

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 Enterprise 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 Enterprise Service providers used by or provided to you in connection with the Coviu Enterprise Service (excluding any of Your Data, as defined below), are and remain our property and/or the property of the Coviu Enterprise 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 Enterprise 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.

Security And Storage

We store all data used in connection with the Coviu Enterprise 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 Enterprise 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.

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:

  1. 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;
  2. Uses the Platform in, or to develop, a product or service that competes with products or services offered by Coviu;
  3. Contains adult entertainment, including pornography, erotic content, sexually explicit content, prostitution, or any other content not appropriate for general audiences;
  4. Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
  5. 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);
  6. 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.

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 Enterprise 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 Enterprise 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 Enterprise Service or as to the availability, quality, currency, completeness, accuracy or suitability for any particular purpose of the information contained in the Coviu Enterprise 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 Enterprise Services, and we may subcontract all or part of the Coviu Enterprise Services without your consent.

Suspension And Maintenance

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

Your access to the Coviu Enterprise 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 Enterprise Service 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 Enterprise 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 Enterprise Service, and reserves the right to terminate or cease provision of the Coviu Enterprise Service to you by no less than 90 days’ written notice to you.

If the Coviu Enterprise 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 Enterprise 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 Enterprise 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.

Publicity Rights

We may identify you as a Coviu customer in our promotional materials. We will promptly stop doing so upon your request sent to support@coviu.com.

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 Enterprise 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.