đź“„ Patient End User License Agreement (EULA)

This Patient End User License Agreement (“Agreement” or “EULA”) is a binding agreement between you (“End User” or “you”) and Revobo, LLC (“Revobo”). This Agreement governs your use of the Revobo mobile application (including all related documentation, the “App”) for tracking your recovery through use of a brace/orthotic having a remote therapeutic monitoring device attached thereto (“RTMD”).

You have purchased the RTMD from your prescribing medical service provider or clinic (“Clinic”), but it cannot be used without the App. The App may be downloaded and installed from your mobile device’s app store, but you cannot sign in, create an account, or otherwise use the App without an invitation from your Clinic.

BY CLICKING THE “AGREE” BUTTON, YOU:
(A) Acknowledge that you have read and understand this Agreement;
(B) Represent that you are 18 years of age or older or are otherwise of legal age to enter into a binding agreement; and
(C) Accept this Agreement and agree that you are legally bound by its terms.

If you do not agree to these terms, do not use the App or RTMD, and delete the App from your mobile device.

1. License Grant

Subject to the terms of this Agreement, Revobo grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App in the United States for your personal, non-commercial use on a single mobile device owned or controlled by you (“Mobile Device”) in conjunction with the RTMD and strictly in accordance with the App’s documentation.

2. License Restrictions

Except as expressly permitted by applicable law or the App, you shall not:

(a) With respect to the App:

  1. Copy the App, except as expressly permitted by this license

  2. Modify, translate, adapt, or create derivative works of the App

  3. Reverse engineer, disassemble, decompile, or decode the App to access source code

  4. Remove, delete, alter, or obscure any intellectual property or proprietary rights notices

  5. Rent, lease, lend, sell, sublicense, assign, distribute, or transfer the App

  6. Use automated tools (e.g., robots or spiders) to access or monitor the App

  7. Use manual processes to monitor or copy content without written consent

  8. Frame, mirror, or embed the App in any other app, website, or service

  9. Use the App in a way that impairs or interferes with others’ use

  10. Circumvent or disable any copy protection or security features

(b) With respect to the RTMD:

  1. Use the RTMD for anything other than with the App

  2. Modify, adapt, or create derivative works of the RTMD software, firmware, or hardware

  3. Reverse engineer or decode the RTMD’s components

  4. Remove or alter IP notices, certifications, or labels from the RTMD

  5. Rent, lease, lend, sell, sublicense, assign, distribute, or transfer the RTMD

  6. Incorporate RTMD code into any other app, website, or service

  7. Use the RTMD in a way that impairs or interferes with others’ devices or apps

  8. Bypass any protections built into the RTMD

3. Intellectual Property; Reservation of Rights

You acknowledge and agree that:

(a)

The App is provided under license, not sold, to you. All rights, title, and interest in and to the App—including all Intellectual Property Rights (whether registered or unregistered, existing now or in the future, worldwide)—are and will remain the exclusive property of Revobo (or its licensors). All other rights in the App are expressly reserved by Revobo.

(b)

The RTMD unit is sold to you by your Clinic, but all rights, title, and interest in and to the Intellectual Property Rights of the RTMD—such as patents, trademarks, and trade secrets—remain with Revobo. All other rights in and to the RTMD are also expressly reserved by Revobo.

4. Collection and Use of Your Information

You acknowledge that when you use the RTMD and download, install, or use the App, Revobo may collect information automatically through methods such as cookies and web beacons. This includes data about:

  • Your Mobile Device

  • Your use of the App and RTMD (e.g., whether the RTMD is being worn)

You may also be required to submit personal information when downloading, installing, or using the App or its features. The App may also allow you to share information with your Clinic related to your health and RTMD usage.

All information collected through or in connection with the App and RTMD is subject to Revobo’s Privacy Policy.

By using the RTMD and the App, and by submitting information through it, you consent to all actions taken by Revobo in accordance with the Privacy Policy.

5. Geographic Restrictions

The App is based in the United States and is intended for access and use only by individuals located in the United States.

You acknowledge that:

  • You may not be able to access all or part of the App outside the United States

  • Access to the App may not be legal in certain countries or by certain individuals

  • If you use the RTMD and access the App from outside the U.S., you are solely responsible for complying with local laws

6. Updates

Revobo may from time to time, in its sole discretion, develop and provide App updates, which may include:

  • Upgrades

  • Bug fixes

  • Patches

  • Other error corrections or new features

Updates may also modify or delete certain features and functionality.

You agree that Revobo has no obligation to provide any updates or to continue to provide or enable any particular features or functionality.

Based on your Mobile Device settings, when your device is connected to the Internet:

  • The App may automatically download and install all available updates, or

  • You may receive notice of or be prompted to download and install available updates.

You agree to promptly download and install all updates and acknowledge that the App or portions of it may not work properly if you fail to do so.

All updates are considered part of the App and are subject to the terms of this Agreement.

7. Term and Termination

This Agreement is effective when you click “Agree” or download/install/use the App, and continues until terminated by you or Revobo.

Revobo may terminate this Agreement at any time without notice if:

  • You violate any term of this Agreement

  • Revobo discontinues the App or support for the RTMD

  • You no longer use the RTMD

Upon termination:

  • All rights granted to you under this Agreement will immediately terminate

  • You must stop using the App and delete all copies from your Mobile Device

Termination will not limit any of Revobo’s rights or remedies, whether in law or equity.

8. Disclaimer of Warranties

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

To the maximum extent permitted under applicable law, Revobo, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App. This includes:

  • Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement

  • Warranties that may arise out of course of dealing, usage, or trade practice

Revobo provides no warranty or undertaking that:

  • The App will meet your requirements

  • The App will achieve any intended results

  • The App will be compatible or work with other software, apps, systems, or services

  • The App will operate without interruption or be error-free

  • Any errors or defects can or will be corrected

Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory rights, so some or all of the above exclusions and limitations may not apply to you.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Revobo or its affiliates, licensors, or service providers be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages

  • Damages for:

    • Loss of profits

    • Loss of data

    • Business interruption

    • Personal injury

    • Loss of privacy

    • Failure to meet any duty (including good faith or reasonable care)

    • Negligence

    • Any other losses arising out of or in any way related to your use of or inability to use the App

This applies regardless of whether the damages arise from breach of contract, tort (including negligence), strict liability, or otherwise — even if Revobo has been advised of the possibility of such damages.

Some states or jurisdictions do not allow limitations of liability for certain damages. In such cases, Revobo’s total liability will not exceed the amount you paid for the App (or $0 if you downloaded it for free).

10. Indemnification

You agree to indemnify, defend, and hold harmless Revobo and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all:

  • Claims

  • Liabilities

  • Damages

  • Judgments

  • Awards

  • Losses

  • Costs

  • Expenses

  • Fees (including reasonable attorneys’ fees)

arising out of or relating to:

  • Your violation of this Agreement

  • Your use or misuse of the App

  • Any content you submit or make available through the App

  • Your violation of applicable laws or regulations

  • Your use of the RTMD in a manner not authorized by Revobo

11. Export Regulation

The App may be subject to U.S. export control laws, including the Export Administration Act and the Export Administration Regulations.

You agree not to:

  • Export, re-export, or transfer the App or any part of it

  • Use the App in violation of these laws, either directly or indirectly

By using the App, you represent and warrant that:

  • You are not located in any country subject to a U.S. government embargo or designated as a “terrorist supporting” country

  • You are not listed on any U.S. government list of prohibited or restricted parties

12. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law:

  • That provision will be modified to the minimum extent necessary to make it valid and enforceable, or

  • If modification is not possible, it will be deemed deleted from this Agreement

The remaining provisions will continue in full force and effect.

13. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.

Any dispute arising from or relating to this Agreement shall be resolved in Allegheny County, Pennsylvania.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Revobo with respect to the App and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

No oral or written information or advice given by Revobo or its authorized representatives will create any warranty or condition not expressly stated in this Agreement.