ViewMedica Streaming Services Terms of Service
Effective Date: August 13, 2025
Welcome to ViewMedica. By creating an account, subscribing, or using our streaming services (ViewMedica On-Demand and VMcast), you agree to be bound by the terms outlined below. If you do not agree, do not access or use these services.
These Terms form a legally binding agreement between you ("you" or "your") and Swarm Interactive, Inc. ("ViewMedica," "we," "us," or "our").
1. Services Covered
These Terms apply to the ViewMedica On-Demand and VMcast streaming services, including associated applications, content, and administrative tools.
2. License and Permitted Use
We grant you a limited, non-exclusive, non-transferable license to access and use the selected streaming service(s) for your internal use only during your active subscription period.
You may:
- Display ViewMedica content on your business website.
- Stream through the ViewMedica player or authorized ViewMedica apps.
- Use our provided tools to generate certain promotional materials ("Supplemental Content") as described below.
You may not:
- Upload ViewMedica videos to third-party platforms like YouTube, Vimeo, or social media.
- Resell, sublicense, distribute, or modify the video content.
- Reverse engineer or bypass any access restrictions.
- Share access to the service with third parties or use it in locations not under your control without permission.
3. Supplemental Content
You may use ViewMedica’s generated images, slides, and promotional assets:
Permitted Uses:
- On your website, emails, and blog posts
- In print marketing like brochures or presentations
- In editorial settings like newspapers or trade publications
Prohibited Uses:
- In video products for public video-sharing platforms
- On merchandise or items for resale
- As part of a logo or trademark
- In any unlawful, defamatory, or harmful context
4. Subscription and Payments
Subscriptions may be monthly or annual. Payments are due in advance. Annual subscribers may cancel at any time and receive a pro-rated refund for full unused months Monthly subscribers may cancel anytime, but no refunds will be issued; the subscribed to service(s) remains active through the billing period.
5. Term and Termination
This license begins upon subscription and renews automatically until canceled. We may suspend or terminate access if:
- You breach any part of this agreement and do not resolve it within 30 days of notice.
- Required payments are not made.
- You violate permitted use rules.
Upon termination:
- Access will end.
- Content and account data may be deleted after 30 days.
- You must remove any embedded or downloaded ViewMedica content from your systems and marketing materials.
6. Account and Security
You are responsible for safeguarding your login credentials. You agree to 1) maintain accurate registration details, 2) notify us immediately of unauthorized access, and 3)keep content in compliance with applicable laws.
7. Ownership and Intellectual Property
All content is licensed, not sold. ViewMedica retains all rights, titles, and interests, including all intellectual property. You may not use our trademarks, branding, or copyrighted material except as expressly allowed.
8. Privacy
Your use of the service is subject to our Privacy Policy and Private Health Information Policy. ViewMedica does not collect or store personal health information (PHI) when videos are accessed or streamed.
9. Limitation of Liability
To the maximum extent allowed by law: 1) we are not liable for indirect or incidental damages (e.g., lost revenue, business interruption), 2) our total liability is limited to the amount you paid in the 12 months prior to the claim.
10. Governing Law
These Terms are governed by the laws of North Carolina, USA. Any disputes will be handled in North Carolina courts.
11. Contact
Questions about these Terms? Contact us at info@swarminteractive.com or call us at (919) 929-2501.
12. Trial Period
If you are provided access to the services on a trial basis, your access is temporary and solely for evaluation purposes. Unless you subscribe by the end of the trial period, all access will be terminated and any content or settings you created may be deleted.
13. No Sublicenses or Transfers
This license is non-transferable and non-sublicensable. You may not assign, sublicense, or otherwise transfer your rights under this agreement without the prior written consent of Swarm Interactive, Inc.
14. Indemnification
You agree to defend, indemnify, and hold harmless Swarm Interactive, Inc., its affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or in connection with your use of the service or violation of these terms.
15. Content Restrictions
You may not upload, post, or transmit any content through the service that is unlawful, infringing, defamatory, obscene, harmful to minors, or that violates the rights of any third party. Swarm Interactive reserves the right to remove such content and terminate access if this policy is violated.
16. Third-Party Services
The service may contain links or integrations with third-party websites or tools. Swarm Interactive, Inc. is not responsible for the content, availability, or reliability of such third-party services.
17. Modification of Terms
We may modify these Terms of Service at any time. Changes will be posted on our website. Your continued use of the service after any change means you accept the updated terms.
18. Government Use
If the services are acquired by or on behalf of a U.S. government entity, use, duplication, or disclosure is subject to the restrictions set forth in applicable federal regulations, including DFARS 252.227-7013 and FAR 52.227-19.
19. Supplemental Content Limitations (Extended Use)
You may not reproduce Supplemental Content more than 250,000 times or use it in book covers, television, or other broadcast video products, including on YouTube, Vimeo, or similar platforms, without prior written permission. For such use, contact ViewMedica to request a separate license.
20. Feedback and Intellectual Property
Any feedback, suggestions, or ideas you provide to ViewMedica may be used to improve our services. You grant us a royalty-free, perpetual, worldwide license to use, modify, distribute, and display this feedback. All ViewMedica content and services remain the exclusive property of Swarm Interactive, Inc., and no ownership rights are transferred by this agreement.
21. Entire Agreement
These Terms constitute the entire agreement between you and Swarm Interactive, Inc. regarding the ViewMedica streaming services. They supersede any prior oral or written communications, proposals, or representations relating to the service.