Terms of Service for VitalLens API
Last updated: 23 May 2024
1. Acceptance
The VitalLens API (described below) is provided by Rouast Labs Pty Ltd ("Rouast Labs", "Company", "we", "us", or "our"). You must read and fully accept all the terms and conditions in these VitalLens API Terms of Service ("API Terms") before you commence using the VitalLens API. By using the VitalLens API, you agree to be fully and legally bound by all provisions in these API Terms and our Privacy Policy.
If you are using the VitalLens API on behalf of another legal entity, you hereby warrant that you are authorized to represent and bind such an entity to these API Terms. In such cases, all references to "you" and "your" in these API Terms shall also refer to the entity you represent. If you lack such authority or if you (or the entity you represent) do not agree with any terms in these API Terms or our Privacy Policy, you are not permitted to use the VitalLens API.
You acknowledge and accept that the API Terms as well as our Privacy Policy constitute a legally binding contract between Rouast Labs and you (even though they are in electronic form and do not require physical signing) governing your use of the VitalLens API.
2. Definitions
2.1 "Application" or "App" means any software, mobile application, website, product, or service that is developed, created, or offered using the VitalLens API.
2.2 "Your Purposes" means your use of the VitalLens API to develop, test, and support any Application, as well as to integrate or incorporate the VitalLens API with your Application.
2.3 "API Documentation" means any documentation, data, and information that Rouast Labs provides regarding the use of the VitalLens API.
2.4 "API Clients" means any software packages, software libraries, or Software Development Kits ("SDKs") that Rouast Labs makes available to you and which are intended to facilitate the integration of the VitalLens API in your Application.
2.5 "VitalLens API" means the Application Programming Interface ("API") made available to you by our Company. The functionality, purpose, and limitations of the VitalLens API are as follows:
2.5.1 The VitalLens API is invoked by receiving a request containing pre-processed video data (the "Input Data"). You may choose to use our API Clients to facilitate the appropriate pre-processing of raw video data and communication with the VitalLens API, or implement the required functionality yourself based on the API Documentation.
2.5.2 The VitalLens API transforms the Input Data into (i) estimates of certain vital signs (the "Supported Vital Signs"), as well as (ii) an estimation confidence for each vital sign estimate (both (i) and (ii) together, the "Resulting Data").
2.5.3 The Supported Vital Signs are heart rate and respiratory rate, as well as the pulse waveform and respiratory waveform. As part of the ongoing development of the VitalLens API, we may add or remove vital signs from the Supported Vital Signs in the future.
2.5.4 The Resulting Data are intended for general wellness purposes only. They are not intended for medical use.
2.5.5 We have conducted research studies on the estimation accuracies achieved by VitalLens for each Supported Vital Sign under different conditions. The results of these studies are available at https://www.rouast.com/team. These studies indicate that for all Supported Vital Signs, the quality of the Input Data can impact the accuracy of the Resulting Data. Guidelines informed by these studies on how to achieve high-quality Input Data are available at https://www.rouast.com/api. You agree that it is your responsibility to ensure that the accuracies reported in the aforementioned studies are sufficient for Your Purposes, and to ensure that your Input Data is of a high enough quality such that comparable accuracies to those reported in the aforementioned studies can be achieved.
2.5.6 The Resulting Data is returned to the caller of the VitalLens API as a response to the original request.
2.5.7 Input Data and Resulting Data are temporarily stored in server memory for processing and deleted once the Resulting Data has been returned to the caller. We retain neither the Input Data nor the Resulting Data. You agree that it is your responsibility to retain the Resulting Data for any of Your Purposes permissible according to the terms in Section 4.
2.6 "Service(s)" refers to Rouast Labs' products and services, including but not limited to the VitalLens API, API Clients, API Documentation, the website www.rouast.com, and all other software, applications, data, and information made available by or on behalf of Rouast Labs through any of the foregoing (collectively or individually also referred to as "our Property").
2.7 "User" means any individual or entity using our Services, which includes you.
3. Grant of License
3.1 Pursuant to the provisions of these API Terms, Rouast Labs hereby grants to you a limited, non-exclusive, non-assignable, non-transferable and irrevocable license to use the VitalLens API for Your Purposes. This license is subject to the limitations set forth in Section 4 and Section 9 below. You agree that violation of Section 4 will automatically terminate the license granted herein to you to use the VitalLens API, without any liability whatsoever on Rouast Labs. Rouast Labs will then be entitled to immediately restrict or terminate your access to the VitalLens API without any notice or liability to you, and without prejudice to any other remedies available to Rouast Labs at law, in contract, tort or equity.
3.2 Your use of the VitalLens API is subject to your continued compliance with these API Terms. Although we strive to announce and introduce new versions of the VitalLens API without disrupting existing functionality, we may sometimes be required to make changes to the VitalLens API and/or these API Terms without notice to you to further develop the VitalLens API, API Clients, and Services. You agree to regularly check https://www.rouast.com/api for updates to the VitalLens API and https://www.rouast.com/api/terms for updates to these API Terms.
4. Scope of Use
4.1 Your use of the VitalLens API is subject to the following limitations:
4.1.1 Our Property must not be used in violation of any applicable laws or regulations, to infringe upon the rights of any person or entity, or in any manner inconsistent with these API Terms or our Privacy Policy. In particular, they must not be used to estimate vital signs of individuals without their express consent, nor for any medical purposes including diagnosis, prevention, monitoring, prediction, prognosis, treatment, or alleviation of disease or disability.
4.1.2 The VitalLens API must not be used to access unauthorized information, alter or disrupt our Services, circumvent our security measures, or test the vulnerability of our systems or networks.
4.1.3 You may not, directly or indirectly, attempt to reverse engineer or derive source codes, trade secrets, or know-how from the VitalLens API or any of our other Services.
4.2 The scope of use granted by our license to you under these API Terms depends on the usage plan you select, as detailed at https://www.rouast.com/api ("VitalLens API Plans"):
4.2.1 Each usage plan includes a monthly price (free or paid), a rate limit, a number of request credits included in the monthly price, an overage charge per request, and a quota of maximum number of requests per month.
4.2.2 If you select a paid usage plan, the license granted includes the permitted use as indicated in the plan description, subject to timely payment of applicable fees. If you exceed your number of request credits in any month, the specified overage charge per exceeded request will apply.
4.2.3 You may not register multiple times to repeatedly select the free plan.
4.2.4 We may vary the VitalLens API Plans at any time. If changes affect you, we will provide at least two (2) weeks' notice before they take effect.
4.2.5 You agree not to exceed rate limits, monthly request quotas, or use the VitalLens API excessively or abusively. Compliance with these API Terms, the API Documentation, any separate API usage agreement, our Privacy Policy, and your selected usage plan is required.
4.2.6 If your overage charges in any month exceed your monthly subscription fee and remain unpaid for two (2) months from the invoice date, Rouast Labs reserves the right to terminate your usage of the VitalLens API immediately upon written notice. No refunds will be provided, and all outstanding amounts will become immediately due and payable, including unpaid overage charges and late payment interest.
5. Payment Terms
5.1 Payment terms will be amended once paid plans become available.
6. Service Level Agreement
6.1 Rouast Labs is dedicated to ensuring the reliability and performance of the VitalLens API. Accordingly, we offer the following Service Level Agreement ("SLA") to users of our API. We guarantee a Monthly Uptime Percentage of 100% for all requests handled by the VitalLens API, subject to adherence to the API Terms and any applicable rate limits or request quotas.
6.2 In the event that the Company fails to meet the uptime guarantee, eligible users may receive a credit towards future monthly service fees. This credit shall be calculated as follows: up to 100% of the next month's fees, capped at the base monthly price of the selected plan, and computed as the percentage of attempted requests that failed.
6.3 The SLA applies to all paid usage plans and does not cover instances where (a) downtime results from factors beyond our control, such as natural disasters or hardware failures; (b) issues arise from any form of incorrect use, whether inadvertent or deliberate, including failure to adhere to the guidance outlined in the API Documentation or other user advice provided; (c) the user's internet connection or bandwidth is insufficient; (d) attempting to use undocumented features; or (e) unauthorized actions or exceeded quotas lead to downtime.
6.4 Please note that this SLA is subject to change and Rouast Labs reserves the right to modify or update the terms of the SLA at any time.
7. Data Caching and Storage
7.1 While caching and storage of Resulting Data are permitted for Your Purposes, the following conditions must be met:
7.1.1 You must delete all Resulting Data related to a specific User if the User requests deletion, unless retention is required for legitimate legal or business purposes.
7.1.2 In the event that Rouast Labs terminates your access to the VitalLens API, you agree to promptly and permanently delete all Resulting Data and any other information stored through your use of the VitalLens API, unless required by applicable law.
7.2 Except as expressly permitted in these API Terms, you are not allowed to duplicate, reproduce, copy, store, derive from, or translate any Resulting Data, API Documentation, or any information expressed by the Resulting Data.
8. User Agreement for your Products
8.1 If you offer any of your Products that utilize the VitalLens API to others, you agree to implement a binding user agreement and privacy policy that: (a) Identifies the VitalLens API as the property of Rouast Labs; (b) Ensures your users comply with these API Terms; (c) Disclaims all liability of Rouast Labs for the use of the VitalLens API; (d) Clearly states your responsibility and liability for integrating the VitalLens API into your Products; (e) Includes a privacy policy outlining your methods for handling personal data in compliance with applicable privacy and data protection laws, aligning with the requirements of our Privacy Policy.
9. Ownership
9.1 All rights, title, and interest in and to the VitalLens API, API Documentation, and other related properties (including intellectual property rights) belong to Rouast Labs. You are granted a limited license to use the VitalLens API as specified in these API Terms. This license does not transfer any ownership or other rights to you. Any inventions or products you create using the VitalLens API do not transfer ownership of the VitalLens API to you, even though you may own the inventions themselves. You agree to assist in confirming Rouast Labs' rights to its property as needed.
10. Termination
10.1 These API Terms take effect when you agree to them or use the VitalLens API, whichever is earlier, and will remain in force until terminated by either you or Rouast Labs.
10.2 You may terminate these API Terms by discontinuing your use of the VitalLens API and notifying us at vitallens@rouast.com.
10.3 We reserve the right to make changes to, suspend, or discontinue the VitalLens API or any of our other Services. However, we will make reasonable efforts to notify you of any significant changes or disruptions.
10.4 Upon termination of these API Terms:
10.4.1 All rights and licenses granted to you will immediately cease.
10.4.2 You must promptly destroy any API Documentation, Resulting Data, or information from Rouast Labs that you possess.
10.4.3 Unless otherwise agreed in writing, you must delete all Resulting Data and information related to your use of the VitalLens API. If requested, you agree to certify in writing that you have done so.
10.5 Provisions that by their nature should survive termination will remain in effect, including but not limited to sections 7, 8, 9, 10, 11 and 12.
11. Your Warranties
11.1 By using the VitalLens API, you represent and warrant that you (or the entity you represent) have the legal capacity to enter into and abide by these API Terms without violating any applicable laws or infringing upon any third-party rights, including intellectual property rights.
11.2 You agree not to initiate any legal actions or claims of any nature against us for any damages, expenses, or losses resulting from your use of (or inability to use) the VitalLens API. You acknowledge that we may modify these API Terms or the VitalLens API, and while we will make reasonable efforts to notify you of such modifications, your sole recourse in the event of adverse effects on your usage will be to discontinue your use of the VitalLens API.
11.3 Your use of the VitalLens API is also subject to our Privacy Policy and any other applicable terms, which you agree to review regularly. In the event of a conflict, these API Terms take precedence unless you have a signed agreement with Rouast Labs, in which case that agreement will prevail.
12. Disclaimer of Warranties, Limitation of Liability, and Indemnification
12.1 Our Property, including the VitalLens API, API Clients, and API Documentation, is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind. Rouast Labs expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.2 In no event shall Rouast Labs or its suppliers be liable for any damages arising out of or in connection with your use or inability to use the VitalLens API, including but not limited to damages for loss of data, profits, business, or any other intangible losses, even if Rouast Labs has been advised of the possibility of such damages. Our total liability to you for all claims arising under these API Terms shall not exceed the amount paid by you, if any, for the use of the VitalLens API during the six (6) months preceding the event giving rise to the claim. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations in this section may not apply to you. In such jurisdictions, Rouast Labs’ total liability will be limited to the greatest extent permitted by law.
12.3 You agree to indemnify and hold Rouast Labs harmless against any third-party claims, liabilities, or expenses, including reasonable attorneys' fees, arising from allegations of infringement due to your use of the VitalLens API, modifications made by you, combination with other materials, use of outdated API versions, or breach of this Agreement. This includes any amounts awarded in settlements or by a court related to claims of trademark, copyright, or other intellectual property infringement by your usage of the API. Additionally, you agree to indemnify Rouast Labs against any claims arising from your users’ use of your products in connection with the API or any breach of this Agreement.
13. Governing Law and Jurisdiction
13.1 These API Terms and any disputes arising from or related to them shall be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts of New South Wales for resolving any such disputes. However, Rouast Labs reserves the right to seek equitable relief or injunctive remedies in any jurisdiction to protect its rights.