Terms and Conditions for Avatar AI Simulation Platform
Terms and Conditions
Please read and review the following important Terms and Conditions before starting to use the Avatar AI Simulation Platform. Ensure they include everything you expect and nothing that you are not willing to agree to.
These Terms and Conditions (“Terms”) set out:
These Terms and Conditions (“Terms”) set out:
- Your legal rights and responsibilities;
- Our legal rights and responsibilities;
- Certain key information required by law.
- “we”, “us” or “our” means Vivanti SA, a public limited company registered in Belgium. We operate via our website http://vivanti.eu (our “Site”);
- “Avatar AI Simulation Platform” means a software application that enables a user to schedule and participate in live simulations operate via http://ava.vivanti.eu,
- ”Contractor / Client” – a legal entity, the client of the Vivanti SA,
- “Trainer” – a third party, who provides and/or uploads content to the Platform and may be engaged by us to manually evaluate the results of the simulation,
- ”User”, “you”, “your” means the person using the Avatar AI Simulation Platform - a full-time or freelance employees of or contractors to the subscribing entity.
1. Acceptance of Terms
1.1 By accessing and using the Avatar AI Simulation Platform ('Platform'), you agree to be legally bound by these Terms -. If you do not agree with any part of these Terms, you must not use the Platform.
1.2 Users must be at least 18 years old or of legal age in their jurisdiction to use the Platform.
1.3 These Terms may be updated from time to time. Continued use of the Platform after such changes will constitute your consent to such changes.
1.2 Users must be at least 18 years old or of legal age in their jurisdiction to use the Platform.
1.3 These Terms may be updated from time to time. Continued use of the Platform after such changes will constitute your consent to such changes.
2. Description of Service
2.1 The Platform provides an artificial intelligence-powered simulation environment designed for pharmaceutical medical representatives to train in effective engagement with healthcare professionals (HCPs).
2.2 The Platform offers various scenarios, feedback mechanisms, and tracking tools to enhance learning and performance.
2.3 The simulation is intended solely for training purposes and not for actual sales or engagements with HCPs.
2.2 The Platform offers various scenarios, feedback mechanisms, and tracking tools to enhance learning and performance.
2.3 The simulation is intended solely for training purposes and not for actual sales or engagements with HCPs.
3. Access and Usage
3.1 The Platform is intended for use by authorised users who are full-time or freelance employees of or contractors to the subscribing entity.
3.2 Users are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms.
3.3 Users must keep their login credentials confidential and report any unauthorized access immediately.
3.4 If the user's registration is created by the Contractor/Client, then the Contractor/Client is responsible for revoking the registration in case of dismissal of an employee or restriction of his access.
3.2 Users are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms.
3.3 Users must keep their login credentials confidential and report any unauthorized access immediately.
3.4 If the user's registration is created by the Contractor/Client, then the Contractor/Client is responsible for revoking the registration in case of dismissal of an employee or restriction of his access.
4. User Obligations
4.1 Users agree to provide accurate and complete information when registering on the Platform and to keep such information up to date.
4.2 Users shall use all possible efforts to prevent unauthorised access to or use of Platform.
4.3 Users agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Platform by any third party.
4.4 Users shall not engage in any form of harassment or discrimination against others while using the Platform.
4.5 The user is responsible for informing both the Platform and the Contractor about the non-disclosure agreement (NDA). If a confidentiality breach is traced back to their account, the user must disclose this breach.
4.6 Users shall immediately inform us of any illegal or unauthorised activity or a security breach (including any loss, theft, or unauthorised disclosure or use of a username, password or account).
4.7 Users shall not reproduce, copy, duplicate, sell, resell, rent or trade any of the material on our Platform (or any part thereof) for any purpose except in the case provided for in Section 5.
4.2 Users shall use all possible efforts to prevent unauthorised access to or use of Platform.
4.3 Users agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Platform by any third party.
4.4 Users shall not engage in any form of harassment or discrimination against others while using the Platform.
4.5 The user is responsible for informing both the Platform and the Contractor about the non-disclosure agreement (NDA). If a confidentiality breach is traced back to their account, the user must disclose this breach.
4.6 Users shall immediately inform us of any illegal or unauthorised activity or a security breach (including any loss, theft, or unauthorised disclosure or use of a username, password or account).
4.7 Users shall not reproduce, copy, duplicate, sell, resell, rent or trade any of the material on our Platform (or any part thereof) for any purpose except in the case provided for in Section 5.
5. Intellectual Property
5.1 All intellectual property rights in the Platform and in the material published on it are owned by or licensed to us, including but not limited to all software, know-how, trade secrets, copyrights, design elements, scenarios, images and virtual scenes.
5.2 The look and feel of the Platform (including all page headers, custom graphics, icons and scripts) form the trademark, service marks and trade dress, belonging to Vivanti SA and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of us.
5.3 Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms.
5.4 Users owns the simulation results created in connection with the Platform. Users grant us a license to use any content they create within the Platform for improvement and marketing purposes, provided that it does not identify individual users.
5.5 The Contractor / Client and the trainer have the right to upload any materials necessary for creating simulations to the Platform, including but not limited to the training materials and content. Providing such materials does not entail the transfer of exclusive rights to them. The Platform uses such materials only for the purpose of ensuring the operation of the Platform.
5.6 The parties, specified in clause 5.5 of the Terms, are responsible for ensuring that they have exclusive rights or other necessary permissions for the materials provided or uploaded to the Platform.
5.2 The look and feel of the Platform (including all page headers, custom graphics, icons and scripts) form the trademark, service marks and trade dress, belonging to Vivanti SA and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of us.
5.3 Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms.
5.4 Users owns the simulation results created in connection with the Platform. Users grant us a license to use any content they create within the Platform for improvement and marketing purposes, provided that it does not identify individual users.
5.5 The Contractor / Client and the trainer have the right to upload any materials necessary for creating simulations to the Platform, including but not limited to the training materials and content. Providing such materials does not entail the transfer of exclusive rights to them. The Platform uses such materials only for the purpose of ensuring the operation of the Platform.
5.6 The parties, specified in clause 5.5 of the Terms, are responsible for ensuring that they have exclusive rights or other necessary permissions for the materials provided or uploaded to the Platform.
6. Data Protection
6.1 The Platform complies with applicable data protection laws. We are committed to protecting the privacy and security of the data collected from users.
6.2 Your privacy and personal information are important to us. Personal data provided by users or collected through the Platform will be used only in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6.3 Our Privacy Policy is available at https://ava.vivanti.eu/privacy
6.4 User data may be used in AI training processes; users have rights regarding their data, including access, rectification, and deletion requests.
6.5 We take all necessary measures and precautions to ensure that contractors have differentiated access to information.
6.6 The data generated by users and the outcomes of their interactions on the Platform will be accessible to the contractor who registered them, in addition to being available to the Platform provider.
6.2 Your privacy and personal information are important to us. Personal data provided by users or collected through the Platform will be used only in accordance with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
6.3 Our Privacy Policy is available at https://ava.vivanti.eu/privacy
6.4 User data may be used in AI training processes; users have rights regarding their data, including access, rectification, and deletion requests.
6.5 We take all necessary measures and precautions to ensure that contractors have differentiated access to information.
6.6 The data generated by users and the outcomes of their interactions on the Platform will be accessible to the contractor who registered them, in addition to being available to the Platform provider.
7. Limitation of Liability
7.1 The Platform is provided 'as is' and 'as available' without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the Platform.
7.3 We are not responsible for any third-party links or content that may be accessed through the Platform.
7.4 The simulator permits users to input any type of data, including personal information, outside of what is required – should they wish. Users should be aware that all information provided is stored in the Platform's database. The Platform’s provider limits its liability for any user-initiated data disclosure. Users are responsible for any personal data they choose to disclose.
7.2 We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the Platform.
7.3 We are not responsible for any third-party links or content that may be accessed through the Platform.
7.4 The simulator permits users to input any type of data, including personal information, outside of what is required – should they wish. Users should be aware that all information provided is stored in the Platform's database. The Platform’s provider limits its liability for any user-initiated data disclosure. Users are responsible for any personal data they choose to disclose.
8. Indemnification
8.1 Users agree to indemnify, defend, and hold harmless the Platform, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees resulting from any violation of these Terms.
9. Termination
9.1 We may terminate or suspend access to our Platform immediately, without prior notice or liability for any reason whatsoever, including without limitation if you breach these Terms.
9.2 Upon termination of your access to the Platform, we will retain user-generated content as required for compliance reasons but will delete personal data as per our Privacy Policy.
9.2 Upon termination of your access to the Platform, we will retain user-generated content as required for compliance reasons but will delete personal data as per our Privacy Policy.
10. Governing Law
10.1 These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Platform provider is based without regard to its conflict of law provisions.
10.2 If our Platform operates in multiple jurisdictions, disputes will be handled according to applicable laws in those jurisdictions.
10.2 If our Platform operates in multiple jurisdictions, disputes will be handled according to applicable laws in those jurisdictions.
11. Dispute Resolution
11.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our service to you or any other matters, please contact us as soon as possible using the contact details set out in Section 13.
11.2 Any disputes arising out of or related to these Terms, which cannot be resolved through discussions with us, shall be resolved through binding arbitration rather than in court unless otherwise required by law.
11.2 Any disputes arising out of or related to these Terms, which cannot be resolved through discussions with us, shall be resolved through binding arbitration rather than in court unless otherwise required by law.
12. Miscellaneous
12.1 Using the Platform doe not create a partnership, joint venture, agency, fiduciary or employment relationship between us and users.
13. Contact Information
13.1 If you have any questions about these Terms or need further assistance, please contact us at [email protected].