PrecisionOS Terms of Use

PrecisionOS Terms of Use – End User License Agreement (EULA)

PrecisionOS Technology Inc., (“PrecisionOS,” “we,” or “us”) owns and operates the website located at https://www.precisionostech.com (the “Website”) and makes available the PrecisionOS virtual reality surgical simulation solutions platform, including the portal located at https://dashboard.precisionostech.com (the “Licensed Software”), available for use in accordance with these Terms of Use (“Terms”). PrecisionOS may also provide permitted users of the Website, and/or Licensed Software (“Users”) with access to other related services (the “Services”). Collectively, the Website, Licensed Software and Services constitute the “PrecisionOS Offerings”. These Terms apply to all Users including persons who access the Licensed Software and Services through compatible third-party hardware made available by or approved for use by PrecisionOS (“Permitted Hardware”).

PLEASE NOTE THAT THESE TERMS CONTAIN IMPORTANT RESTRICTIONS AND LIMITATIONS OF LIABILITY SO PLEASE READ THEM CAREFULLY BEFORE USING THE PRECISIONOS OFFERINGS. BY ACCESSING OR USING THE PRECISIONOS OFFERINGS, YOU, THE USER, HEREBY SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

  1. IMPORTANT SERVICE ACKNOWLEDGEMENTS

The PrecisionOS Offerings are provided for informational purposes only and are not intended to be and should not be used as a substitute for professional medical advice, diagnosis, or treatment. PrecisionOS accepts no liability in respect of use of the PrecisionOS Offerings for non-informational purposes or for any decision making based or made in reliance on the PrecisionOS Offerings.

By using the PrecisionOS Offerings in any way, you understand, acknowledge and agree that:

  • you will comply with all applicable privacy laws in your use of the PrecisionOS Offerings and will not upload to the PrecisionOS Offerings any media that contains any health protected information including patient information. For certainty, any x-rays or video content must be anonymized and contain no personally identifiable information.

 

  • use of the PrecisionOS Offerings could, in some circumstances, result in personal injury (including physical, mental or psychological injury or disability, pain or death) and property damage resulting from causes including but not limited to the risks, dangers and hazards of using virtual reality equipment, including by becoming disoriented or having an adverse mental or psychological reaction to the use of the Permitted Hardware, Licensed Software, or Services and in no event will PrecisionOS be liable to you for any such loss or damage except for death or personal injury caused by our negligence.
  1. ELIGIBILITY & AVAILABILITY

A subscription must be purchased on your behalf in order for you to access certain features of the PrecisionOS Offerings and you will need to register for an account (your “Account”) by providing us with certain information which we will process in accordance with our Privacy Policy. You agree that you are responsible for keeping your Account password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.

To use and/or register for the PrecisionOS Offerings, you must: (a) be over the age of majority in the jurisdiction in which you reside; and (b) have the capacity to contract under and be bound by these Terms.

Subject to the terms agreed with the enterprise who has provided your subscription license, PrecisionOS may alter, suspend, or discontinue the PrecisionOS Offerings at any time and for any reason or no reason, without notice. The PrecisionOS Offerings may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

  1. LIVE STREAMING AND RECORDING FEATURES

By using the PrecisionOS Offerings, you acknowledge that the service includes the ability to live stream video content and to record virtual reality surgical training sessions (“Session(s)”). Hosts of a Session may stream and record a Session and will have access to the recording of the Session after the Session. Participants may also record the Session from their point-of-view and will have access to their own recording after the Session. In each case, any participant’s name and activity in the Session will be captured by the recording but the avatars are generic by default meaning there is no visual representation of any participants. PrecisionOS will store Session recordings for a period of thirty (30) days following which Session recordings will be automatically deleted.

  1. LICENSE TO USE THE LICENSED SOFTWARE

Licenses to access and use the Licensed Software are for an individual User’s use. For greater certainty, Accounts may not be shared among users. Subject to your compliance with the foregoing and these Terms and to the maintenance of a subscription on your behalf, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to download a copy of the Licensed Software and access and use the Licensed Software and Services on compatible VR equipment for your own use and not for resale or further distribution. Your right to use our Licensed Software is limited by all terms and conditions set forth in these Terms.

Except for the foregoing license granted to you, PrecisionOS and our licensors retain all right, title and interest in and to the Licensed Software and the underlying technology, including all related intellectual property rights in the same. The Licensed Software and technology are protected by applicable intellectual property laws, including Canadian copyright law and international treaties. Support for the Licensed Software will be provided in accordance with the terms agreed with the enterprise that enables your subscription to use the Licensed Software and Services.  

You shall not, and shall not authorize or permit any third party to: (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Licensed Software; (b) circumvent any user limits or other license timing or use restrictions that are built into the Licensed Software; (c) sell, rent, lend, transfer, distribute, license, or grant any rights in the Licensed Software in any form to any person without the written consent of PrecisionOS; (e) remove any proprietary notices, labels, or marks from the Licensed Software; (d) unbundle any component of the Licensed Software; (e) build a product or service that is competitive; or (f) copy any ideas, features, functions or graphics of the PrecisionOS Offerings.

You are also prohibited from posting, uploading, transmitting or otherwise distributing or disseminating any material that:

  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
  2. you do not have a right to make available under any law or under a contractual relationship;
  3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
  4. is or contains unsolicited or unauthorized advertising, solicitations for business promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
  6. contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
  7. might violate any applicable privacy laws including laws governing protected health information, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) and its implementing regulations (45 CFR Part 160-164) if applicable.

You represent and warrant that, when using or accessing the PrecisionOS Offerings, you will comply with all applicable laws, rules, or regulations. This includes all applicable laws, rules, or regulations relating to data privacy, information security, personal identifiable information, identity theft, data breach notification, trans-border data follow or data protection. You hereby agree to indemnify, defend, and hold PrecisionOS, its affiliates, subsidiaries, and their respective officers, directors, and employees harmless from and against any and all third-party claims, actions, liabilities, costs, penalties, losses and expenses incurred by PrecisionOS or its indemnified parties which arise out of or relate to a breach of this Section 4.

  1. USER CONTENT AND FEEDBACK

Except for the material that we license to you pursuant to this Agreement, PrecisionOS does not claim ownership of any of the materials or user content created, transmitted, uploaded, stored or otherwise made available by you through your use of the Services (“Content”). You hereby grant to PrecisionOS a limited license to collect and store Content for the purpose of providing the Services. You further grant PrecisionOS a perpetual, irrevocable, and unlimited licence to use, store, and manipulate Content to create aggregated and anonymized statistical analytics in respect to Licensed Software use and other Services and parameters and characteristics (“Anonymous Service Data”) in accordance with our Privacy Policy and to process your Content, inputs, selections, actions, training and interactions in relation to your use of the Licensed Software, to develop Precision’s machine learning models, algorithms, learned elements, biases, attributes, and attribute transformations (“Learned Elements”). PrecisionOS shall own all right, title and interest in and to the Anonymous Service Data and Learned Elements, including all intellectual property rights in the Anonymous Service Data and Learned Elements, and you hereby assign, transfer and convey to PrecisionOS any ownership interest you may have in any Anonymous Service Data and Learned Elements.

We welcome your suggestions, comments and feedback on the PrecisionOS Offerings (“Feedback”). If you provide us with Feedback, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) PrecisionOS (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind in respect of Feedback.

  1. TERMINATION

PrecisionOS may at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the PrecisionOS Offerings. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies guidelines that are referenced herein and/or posted on the Website or through the Services; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems;  (g) your participation in fraudulent or illegal activities; or (h) if your subscription is cancelled or it is not renewed on expiry by the party who provided your subscription.  Any such termination or suspension shall be made by PrecisionOS in its sole discretion, and PrecisionOS will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.

  1. DISCLAIMER OF WARRANTIES

THE PRECISIONOS OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRECISIONOS OFFERINGS AND PERMITTED HARDWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRECISIONOS OFFERINGS ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRECISIONOS OR THROUGH THE PRECISIONOS OFFERINGS WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, PRECISIONOS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRECISIONOS OFFERINGS WILL MEET YOUR REQUIREMENTS; THAT THE PRECISIONOS OFFERINGS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL PRECISIONOS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PRECISIONOS HEREUNDER.

  1. THIRD-PARTY CONTENT

You acknowledge and agree that the Website may contain advertisements from other third parties. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that PrecisionOS shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. The PrecisionOS Offerings may contain links to other websites that are not owned or controlled by PrecisionOS. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by PrecisionOS of that third party, third-party product or service. PrecisionOS is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the PrecisionOS Offerings are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence within the PrecisionOS Offerings of a link to any other website(s) or any advertisements does not imply that PrecisionOS endorses or accepts any responsibility for the content or use of such websites, and you hereby release PrecisionOS from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.

  1. GENERAL PROVISIONS

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. You may not assign these Terms. These Terms shall be governed by and construed in accordance with the laws in effect in the Province of British Columbia without giving effect to any principles of conflicts of law. Any legal action or proceeding between PrecisionOS and Users shall be brought exclusively in a court of competent jurisdiction located in Vancouver, BC Canada. PrecisionOS may amend these Terms at any time by posting notice on the Website or otherwise delivering notice through the Services or to the contact information you provided. All material changes shall be effective 30 days of such notice. No failure or delay by PrecisionOS in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. The Parties acknowledge that they have expressly required that this agreement and all related documents be drafted in the English language. Les parties reconnaissent avoir expressément exigé que le présent convention et tous les documents connexes soient rédigés en langue anglaise.

  1. USE OF BETA SOFTWARE

From time to time, PrecisionOS may make available certain versions, features, modules, or functionalities of the Licensed Software or Services that are designated as beta, pilot, early access, pre-release, experimental, or otherwise not yet commercially released (“Beta Software”). You acknowledge and agree that:

(a) Beta Software is provided “as is” and “as available”, may contain bugs, errors, or other issues, and may not function as intended or be fit for any particular purpose.

(b) Use of Beta Software is voluntary, and you use it at your own risk. PrecisionOS makes no representations or warranties of any kind, express or implied, with respect to the Beta Software, including its accuracy, reliability, completeness, performance, or continued availability.

(c) PrecisionOS is under no obligation to continue to develop, support, release, or provide updates to any Beta Software and may discontinue it at any time without notice.

(d) You agree to provide Feedback relating to your use of the Beta Software if requested, and any such Feedback shall be governed by Section 5 (User Content and Feedback) of these Terms.

(e) To the maximum extent permitted by applicable law, PrecisionOS shall not be liable for any loss, damage, or harm arising out of or in connection with the use of Beta Software, including but not limited to data loss, corruption, system failure, or interruptions of business operations.

(f) You may not disclose, publish, or otherwise publicly share any information or content relating to the Beta Software—including its existence, features, or performance—without the express written consent of PrecisionOS.

 

 

Last Updated: 15th of April 2025