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-- The Medable Team
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The Development Platform Environment (“Platform”) shall mean the developer environment and any other versions designated as developer versions of the platform provided via https://dev.medable.com, https://app.dev.medable.com, https://api.dev.medable.com that we make generally available to our developer community at no charge, excluding tools and resources accessible outside the above-described platform, and excluding any Third-Party applications.
The Platform is not is a substitute for the use of professional evaluation and decision-making by appropriately licensed and qualified physicians and other health care professionals in making diagnoses and/or treatment decisions. The Platform and Medable’s services make it possible for applications to provide medical information selected by one user and made available to another, and Medable does not select and cannot assure the accuracy, completeness or currency of any such information that one user selects and makes available to another. The Platform and Medable’s service does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider. You expressly acknowledge and agree that Medable is not responsible for the results of your or your users’ professional medical decisions resulting from the use of the Platform. Medable does not assume any responsibility for any aspect of medical services or other health care provided or administered or not provided or administered with the aid of information the Platform and/or Medable’s service provide.
3.PROPRIETARY RIGHTS AND LICENSE
All trade marks, copyright, database rights and other intellectual property rights of any nature in the Platform together with the underlying software code are owned either directly by Medable. Medable hereby grants you a non-transferable, worldwide, non-exclusive, royalty-free revocable license to use the Platform for your personal use in accordance with these Terms. Medable grants you the right to use the Platform only on iOS products that the you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service. Except for the rights expressly granted above, these Terms transfer to you, including any related user, no right, title, or interest in the Platform, or the content of the Platform nor any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein.
Medable retains sole and exclusive title to all portions of the Platform, and any copies thereof, and you, including any related users, hereby assign to Medable all right, title, and interest in and to any modifications you or any related user makes to the Platform, whether or not such modifications are permitted.
4.CONDITIONS OF USE
You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Developer Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Developer Services only in accordance with applicable laws and government regulations. You shall not, nor shall you allow third parties on your behalf to (a) make the Developer Services available to any person or entity other than Users, (b) sell, resell, rent or lease the Developer Services, (c) use the Developer Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or confidentiality rights, (d) use the Developer Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Developer Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Developer Services or their related systems or networks.
Medable reserves the right to amend or withdraw the Platform, or charge for the Platform or service provided to you in accordance with these Terms, at any time and for any reason. We will provide you reasonable notice of any such changes.
5. USAGE LIMITATIONS
Developer Services may be subject to other limitations, such as, for example, limits on disk storage space, on the number of calls You are permitted to make against Our application programming interface.
Medable will use reasonable efforts to make the Platform available at all times. However you acknowledge the Platform is provided over the internet and mobile networks and so the quality and availability of the Platform may be affected by factors outside Medable’s reasonable control. You also acknowledge that the Platform is provided for development purposes and as such, may be unavailable for maintenance, upgrade, or troubleshooting reasons so support development activities. Medable does not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access content or any other communication system failure which may result in the Platform being unavailable.
Medable may terminate use of the Platform at any time with or without prior notification by deactivating your username and password or suspending operation of the Platform. Upon any termination, (i) the rights and licenses granted to you herein shall terminate; and (ii) you must cease all use of the Platform. Medable reserves the right to terminate its agreement with you, or to modify or terminate services and/or product offerings in connection with the Platform, at any time without notice to you. Termination between you and Medable may only act to discontinue your personal access to the Platform and such termination may not act to terminate any other contracts related to the Platform between any other user and Medable.
8.LIMITATION OF LIABILITY
In no event will Medable be liable to you or any other person for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of or access to (or inability to use or access) the Platform, the content of the Platform or any equipment furnished in connection therewith, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
Medable shall not be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Platform.
To the extent permitted by law, Medable’s, total maximum cumulative liability hereunder in connection with these Terms, whether arising under contract or otherwise, are limited to the fees received by Medable under these Terms (if any), specifically relating to your use of the Platform or product which is the subject of the claim.
YOU ASSUME ALL RISK FOR SELECTION AND USE OF THE APPLICATION AND CONTENT PROVIDED THEREON. Medable SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE APPLICATION OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU ACKNOWLEDGE THAT Medable: (I) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON; (II) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE APPLICATION OR CONTENT PROVIDED THEREON MAY BE USED BY YOU; (III) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE APPLICATION; AND (IV) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY PERSONS OTHER THAN Medable.
TO THE GREATEST EXTENT PERMITTED BY LAW, Medable SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO YOU AND PERSONS TREATED BY OR ON BEHALF OF YOU) FOR, AND YOU AGREE TO INDEMNIFY AND HOLD Medable HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO, (I) YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH; AND (II) ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY YOU, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. IN NO EVENT SHALL Medable BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF Medable HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS BETWEEN YOU AND Medable, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
9.DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, Medable makes no representation or warranty whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the Platform, warranties of title, non-infringement, merchantability or fitness for a particular purpose.
The Platform and software are provided "as is" and "as available" without warranty of any kind. You acknowledge that updates to the Platform are at the sole discretion of Medable makes no representation or warranties whatsoever, express or implied, with respect to the compatibility of the Platform, or of future releases thereof, with any computer hardware or software, nor does Medable represent or warrant the continuity of the features or the facilities provided by or through the Platform as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the Platform, (ii) you store or install the Platform on a computer system which fails to meet the specifications provided by Medable, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Medable. No salesperson or other representative of any party involved in the distribution of the Platform (if any) is authorized to make any warranties with respect to the Platform or the content of the Platform, beyond those contained in these Terms. Oral statements do not constitute warranties, shall not be relied upon by you, and are not a part of these Terms.
The Platform does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider. The Platform is an informational resource only. You and the other physicians and healthcare practitioners with whom you share imaging and other medical information through the Platform must use your/their own judgment in using the information provided through the Platform. You are responsible to comply with all applicable laws and regulations regarding uses and disclosures of individuals’ personal information, including protected health information, including without limitation the Privacy and Security Rules promulgated under the Health Insurance Portability and Accountability Act ("HIPAA").
The Platform is not offered or provided for the purpose of diagnosing, treating or prescribing for any injury, illness, disease or other health condition. Only physicians and other health care professionals may, within the scope of their respective licensure and qualifications, diagnose, treat or prescribe for injuries, illnesses, diseases and other health care conditions. The Platform is offered to allow organizations, and/or individuals to create applications that allow licensed physicians and other health care professionals to collect and organize health care information, to learn more about health care issues that relate to that information, and to communicate among themselves , with other health care providers, with patients, and with care-givers more effectively. Medable shall not have any responsibility for any clinical decision-making made in reliance upon or otherwise in connection with the information exchanged through use of the Platform. The information the Platform collects and reports regarding individuals medical history and/or physical condition is only a partial record, and is not a replacement for the medical and other records that are maintained by your physician(s) and other health care providers. Therefore, you should not act upon any of the information you receive through the Platform without discussing the matter first with your patient(s), the patient(s)’ other physicians, including without limitation any physician who has referred the patient to you or has requested your consultation in connection with his or her treatment of an individual, and other health care providers as you determine to be appropriate.
You expressly acknowledge and agree that Medable is not responsible for the results of your decisions resulting from the use of the Platform, including, but not limited to, your diagnosis of or failure to diagnose any health condition, and your determination of any specific treatment, prescription or referral.
Medable does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Platform provides.
If for any reason any provision of these Terms is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
These Terms shall be interpreted, construed, and governed by and in accordance with the laws of the United States. You irrevocably submit to the jurisdiction of the courts of the United States. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
The failure of Medable to enforce any part of these Terms shall not constitute a waiver of its right to later enforce that or any other part of these Terms. The section headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms are personal to you. The rights and obligations contained herein may not be assigned, transferred or sublicensed to any other party without the written consent of Medable.
If you have any questions in relation to these Terms, or complaints or claims with respect to the Platform please contact Medable, Inc. at 555 Bryant Street, #561, Palo Alto, CA 94301, CustomerCare@Medable.com.© 2015 – Medable