Skip to content

TERMS OF USE

Last Updated and Effective Date: June 13, 2024

Informed Medical LLC (the “Company” or “we/us/our”) owns and operates the Company’s mobile application (“App”) and associated services (the App and associated services, collectively, the “Services”). Individual users or your healthcare institution (“Institution”) are able to purchase individual licenses for use of the Services. If you have gained access to our Services through your Institution, your Institution has the sole ability to verify your identity and authority to use the Services as a license holder.

Please read these Terms of Use (“Terms”), and our Privacy Notice for the Services (the “Notice”), which together form the “User Agreement,” to which you agree to be legally bound in exchange for the benefit of using the Services. You are one party to the User Agreement, and the Company is the other. If you do not agree to be bound by the User Agreement, do not download or register with the App, or use the Services.

  1. ACCOUNTS
  • Your Account

You must register and create an account (“Account”) in order to use the Services. When you set up your Account, we will ask you to provide certain Personal Information (as described in the Notice) and select a username and password. You may only have one active Account.

You are responsible for the accuracy and completeness of the Personal Information you provide to us, and for updating it as needed to keep it accurate and complete. We may close your Account and terminate your access to the Services if you provide false or misleading information.

You are solely responsible for maintaining the confidentiality of your Account access credentials, and for all activity on your Account (whether or not you authorized it). If you suspect or discover any unauthorized activity on your Account, you agree to notify us immediately using the “Contact Us” information at the end of these Terms.

Unauthorized reproduction, copying, retransmission or exploitation of the Services, including but not limited to all content and products, is hereby expressly prohibited.

We may suspend, disable, or delete your Account if we determine in our sole discretion that your actions violate the User Agreement or would tend to damage our reputation and goodwill. If we do so, you may not re-register without our express written consent. All provisions of the User Agreement will remain in full force and effect after and notwithstanding any termination of your Account, by us or by you, for any reason.

You must download our software in order to use our Services. You agree that we can download and install updates to the App on the mobile or other device you use to access the Services (your “Device”), and distribute patches, and other fixes to you for you to install.

  • Apple App Store Terms

The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply.

You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or the content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and/or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price, if any, paid by you for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with any applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against you.

  • Mobile Software from Google Play Store

If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Services and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App. The Company and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Informed Medical or you (or any other user) under these Terms or the Google Play Terms.

  1. RESPONSIBLE USE

In keeping with our mission to facilitate patient care and treatment, we expect users to act responsibly when using the Services.

  • Compliance With the Law and the User Agreement

When using the Services, you agree to:

  • Use the Services only for their intended purpose, as stated in the User Agreement and according to applicable laws, regulations, and standard on-line practices and guidelines.
  • Provide accurate and complete information when we ask you to do so in order to use the Services, and update your information as needed to keep it accurate and complete.
  • Keep your Account access credentials confidential and not share them with anyone. You are responsible for all activity on and through your Account.
  • Not circumvent or try to circumvent App security, or access or try to access the Services in any way other than through the means we provide.
  • Not disrupt, harm, or interfere with, or try to disrupt, harm, or interfere with, the Services and associated networks.
  • Respect our property and intellectual property rights, and not try to copy, sell, resell, or trade our intellectual property without our express written permission.
  • Not harm anyone’s computer, device, software, hardware, or equipment (for example, by distributing malware).
  • Not abuse others’ personal information or privacy rights, for example by accessing, using, or disclosing personal information for reasons other than the subject intended, or in violation of your institution’s policies and procedures or applicable law.
  • Not harass or defame others.
  • Our Proprietary Materials and Rights 

We, our affiliates, and our third-party licensors retain all rights, title, and interest in our or their materials contained in the Services, including all sound, audio, software, source code, HTML code, scripts, artwork, images, design, graphics, text, and look and feel, and all trademarks, trade names, brand names, trade dress, copyrights, patents, and other intellectual property rights related them (“Proprietary Materials”). Neither the User Agreement nor your use of the Services transfers any right, title, or interest in the Services or Proprietary Materials to you. Any unauthorized copying, alteration, distribution, transmission, display or other use of the Proprietary Materials is prohibited.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Proprietary Materials, in whole or in part, without our express written permission. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services. Unauthorized use of the Services, including use of the Services in violation of the User Agreement, is a material breach of these Terms and may subject you to legal action.

Nothing in these Terms confers any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. We reserve all rights to our Proprietary Materials not expressly granted to you.

  1. OUR ROLE

You understand and agree:

    1. We Are Not a Healthcare Provider. We are not a healthcare provider, and our employees are not your patients’ healthcare providers. We do not respond to medical questions, provide healthcare, or offer medical advice of any kind. Our only role is to provide a platform for users of the Services to input and upload (“Upload”) patient-identifying healthcare information (“Patient Information”) and other content (Patient Information and other Uploaded content, together, “User Content”) of their choosing for personal use in providing healthcare, and for care collaboration with other users.
    2. We Do Not Screen, Endorse, or Approve, and Are Not Responsible For, User Content. We do not screen, endorse, or approve—and undertake no duty to screen, endorse, or approve—User Content, whether for accuracy or completeness, legal or Institutional compliance, or otherwise. Users are solely responsible for ensuring that their User Content (and their Uploading of User Content) is accurate, complete, and complies with their Institution’s policies, procedures, Notice of Privacy Practices (“NPP”), and applicable law. We are not responsible for the substantive content of User Content, or any violation of law or an Institution’s policies, procedures, or NPP resulting from users’ use and disclosure of User Content. Questions about whether your use and/or disclosure of User Content complies with the law or with your Institution’s policies, procedures or NPPs should be directed to your Institution: we cannot and will not advise you on these issues. You assume all risk associated with the substantive content and your use and disclosure of your own User Content, and your use and disclosure of other users’ User Content. All opinions, advice, statements, judgments, services, offers, or other information that constitute part of the User Content are those of the respective authors, and not of the Company or its affiliates or any of their officers, directors, employees, or agents.
    1. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND ALL NECESSARY AUTHORIZATIONS AND PERMISSIONS TO USE AND DISCLOSE THE USER CONTENT YOU CHOOSE TO UPLOAD, AND THAT YOU ARE UPLOADING IT ONLY FOR LEGAL AND AUTHORIZED PURPOSES THAT DO NOT VIOLATE THE USER AGREEMENT. YOU UNDERSTAND THAT THE COMPANY CANNOT CONTROL THE ACTIONS OF USERS YOU INVITE TO COLLABORATE, AND THAT WE ARE NOT RESPONSIBLE IF AN INVITED COLLABORATOR USES OR DISCLOSES YOUR USER CONTENT IN VIOLATION OF YOUR INSTITUTION’S POLICIES AND PROCEDURES, OR APPLICABLE LAW.
    1. We Do Not Endorse, and Are Not Responsible For, User Collaboration. Your Institution is responsible for approving affiliated users, and users are responsible for issuing and accepting collaboration invitations to and from Institution-approved users. You are solely responsible for issuing and accepting invitations, and collaborating, in compliance with your Institution’s policies and procedures, and applicable law. We are not responsible for invitations you issue or accept, or for collaboration, in violation of such policies, procedures, and law. Questions about compliance with such policies, procedures, and law should be directed to your Institution: we cannot and will not advise you on these issues.
    2. We May Remove User Content, or Terminate Accounts, at Our Discretion. We have the right, but not the duty (and we do not assume the duty) to investigate and/or remove User Content that violates the User Agreement. Concerns about another user’s Patient Information should be directed to your Institution: we will typically remove Patient Information only at the responsible Institution’s request. We also have the right to terminate your Account—and therefore your access to the Services—for any reason or no reason, including without limitation, any violation of the User Agreement. We may exercise these rights at any time, without notice to or agreement by you, and without liability to you or any third party.
    3. The App Is Not to Be Used As the Sole Repository of Patient Information. The App is not a substitute for your Institution’s electronic medical record, and is intended to serve only as a convenient, redundant source of the Patient Information you Upload. You will not Upload Patient Information to which you do not have immediate access in another form and location.
    4. We Do Not Become Involved In Legal Disputes Between Users. We are not liable for—and have and assume no liability to investigate or to participate or become involved in—any dispute between users, or between Institutions and users.
  1. DISCLAIMER OF WARRANTIES

the company provides the Services on an “as is” and “as available” basis. We disclaim any and all warranties of any kind, either express or implied, statutory or otherwise, with respect to the Services, including without limitation warranties of merchantability or fitness for a particular purpose.

Without limiting the generality of the foregoing, we do not represent or warrant:

  • that the Services will meet your needs, expectations, or requirements;
  • that the services will be uninterrupted, or free of inaccuracies, errors, viruses, malware, or other harmful components;
  • that your use of the services will be confidential or secure;
  • that the services will operate in the configuration or with the hardware or software you use; or
  • that the information you obtain by using the services will be accurate, complete, or reliable.

No information—whether oral or written, express or implied—that you obtain from us or by using the Services creates any kind of a guarantee, warranty, or condition other than those expressly stated in the User Agreement.

  1. LIMITATION OF LIABILITY

In conjunction with the above Disclaimer of Warranties, you acknowledge and agree that any claim you make against us and/or our directors, officers, managers, employees, and agents arising from your use of the Services will be limited to the amount you paid, if any, for the Services. To the full extent of applicable law, the Company disclaims liability for any direct, indirect, incidental, consequential, or exemplary damages that you may incur as a result of using the Services, or as a result of any data loss or corruption, loss of access, downtime, changes, or cancellation. Because some jurisdictions do not allow for the exclusion of damages, our liability in such jurisdictions will be limited to the greatest extent permitted by the law of such jurisdiction.

We do not control any third-party websites linked to or from the App. Accordingly, we make no representations or warranties regarding such third-party websites and will not be liable for any loss or damage caused by your use or reliance on such websites. Your use of third-party websites is at your own risk. When you access any of these third-party web sites, your rights and obligations will be governed by the agreements and policies relating to the use of those web sites.

  1. INDEMNITY

You agree to indemnify and hold the Company and its affiliates, directors, officers, managers, employees, agents, suppliers, and licensors (“Our Indemnitees”) harmless from and against any and all liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any allegations, claims, actions, disputes, or demands asserted against any of Our Indemnitees as a result of or relating to your use of the Sites and Services, your or anyone else’s use of your Account, your User Content, and/or your violation of the User Agreement.

We reserve the right to take over the exclusive defense of any claim for which we claim indemnification under this User Agreement. If we do, you agree to cooperate with us as we reasonably request.

This duty to indemnify survives termination of the Sites, Services, and/or your Account.

  1. MISCELLANEOUS
    1. Updates to These Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email to the email address specified in your Account. The date the Terms were last revised appears at the top of the page. You are responsible for ensuring we have a current and deliverable email address for you, and for periodically visiting these Terms to check for any changes. Continuing to use the Services after a change means you accept the change.
    2. Errors on The App. It is not possible to ensure that any App is free of human or technological errors. The App may contain typographical mistakes, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without notice.
    3. Modifications or Termination of the Services or Your Access to Time. We may modify or terminate, whether temporarily or permanently, the Services—or your access to some or all of the Services—at any time, without prior notice to you. Certain provisions of these Terms survive termination.
    4. No Third-Party Beneficiaries. Except as expressly provided herein, your agreement to these Terms does not create third party beneficiaries.
    5. Use Safely. Some users may experience adverse effects when exposed to certain light patterns or backgrounds on a computer screen. Please consult a physician if you experience adverse effects such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, or involuntary movement while using the Services.
    6. Entire Agreement. The User Agreement constitutes the entire agreement between you and us regarding the use of the Services and supersedes any prior version.
    7. Choice of Law and Forum. You agree that law of the State California (without regard to conflict of laws) applies to all disputes arising out of or based on the User Agreement and your use of this Services. All such disputes are subject to binding arbitration by a United States Arbitration & Mediation (“USA&M”) neutral according to the USA&M Rules of Arbitration. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. 
    1. Waiver and Severability of Terms. Any failure by us to exercise or enforce any right or provision of the User Agreement does not constitute a waiver. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should try to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect.
    2. Consent to Communication. You agree that we may send electronic or paper mail to you for the purpose of informing you of changes or additions to the Services or the User Agreement, and that from time to time Informed Medical may contact you via electronic or paper mail—in compliance with applicable law—to solicit your feedback or participation in user surveys relating to the Services. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. 
  1. CONTACT INFORMATION

If you would like to receive further information about the User Agreement, please contact us at info@informeddoctors.com.