1. ACCEPTANCE OF AGREEMENT
2. DESCRIPTION AND USE OF THE SIMPLIFEYE APP AND SITE
(a) The Simplifeye App and Site. The Simplifeye App and Site allow Registered Users to access, use and purchase (as applicable) subscriptions and other services provided by the Simplifeye App and Site in connection with the User’s professional practice (the “Services”).
(d) Charges. There is currently no charge to download and use the Simplifeye App or Site, but we reserve the right to charge a fee in the future. You may make in-App purchases as allowed by the Simplifeye App or the Services.
3. ACCESSING AND DOWNLOADING THE SIMPLIFEYE APP FROM ITUNES
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Simplifeye App.
- In the event of any failure of the Simplifeye App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Simplifeye App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Simplifeye App. As between Simplifeye and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Simplifeye.
- You acknowledge that, as between Simplifeye and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Simplifeye App or your possession and use of the Simplifeye App, including, but not limited to: (i) product liability claims; (ii) any claim that the Simplifeye App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
If you would like to use the Services through the Simplifeye App and Site, you will need to download the Simplifeye App from the Apple App Store using your Apple credentials. Upon downloading or accessing the Simplifeye App, you will be required to register and create an account with Simplifeye at which time you will be a registered user (“Registered User”). When you register on the Simplifeye App or Site, you will have to create a username and password and provide certain information about yourself. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your mobile device or watch, and agree not to disclose your username and password to a third party. You are solely responsible for all activities that occur under your account or with your username and password. You represent and warrant that all login and authorization information you submit through the Simplifeye App or Site is truthful, accurate, and complete, and that you will maintain the accuracy and completeness of such information.
5. FEES; PAYMENT
Users will be charged a subscription fee (the “Fee”) as set forth in the Subscription Agreement.
You may be asked to provide, in connection with the Fees, a debit card number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (“Billing Information”). You must provide current, complete, and accurate Billing Information and promptly update all Billing Information to keep your account current, and you must promptly contact Simplifeye if your credit card is lost or stolen, or if you becomes aware of a potential breach of account security (such as an unauthorized disclosure or use of your username or password). You hereby authorize Simplifeye and/or our third- party providers to immediately authorize your credit card or other payment facility for payment of any fees and taxes associated with Services you purchase. You warrant and represent that you are the valid owner or an authorized user of the credit card (or other approved facility) you provide to Simplifeye or our third-party payment processor, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
6. NO MEDICAL ADVICE
You acknowledge and agree that Simplifeye does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Simplifeye does not evaluate the need to seek medical attention, through the Simplifeye App or Site. The contents of the Simplifeye App and Site, such as articles, graphics, images, information from our third party contributors, Services descriptions, instructions, and other material contained on the Simplifeye App or Site (“Content”) are for informational purposes only. Although such Content may be provided by individuals in the medical profession, the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Individuals should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
7. USE OF PERSONAL INFORMATION
8. INTELLECTUAL PROPERTY
9. PROHIBITED USES OF THE SIMPLIFEYE APP AND SITE
You shall not transmit, redistribute, or promote any communications, content, or materials that (i) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (ii) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (iii) infringes, misappropriates, or violates the intellectual property rights or other rights of any third party; (iv) contain chain letters, pyramid schemes, unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities; (v) include any information that references other mobile apps, websites, addresses, email addresses, contact information, or phone numbers; (vi) impersonate any person, business, or entity, including our company,
employees, or agents; (vii) encourage conduct that would constitute a criminal offense; (viii) give rise to civil liability; (ix) otherwise violate any law (including, but not limited to, HIPAA and those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (x) amounts to any conduct that, in our judgment, restricts, impairs, interferes, or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Simplifeye App or Site. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Simplifeye App or Site; cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Simplifeye App or Site; or access or use the Simplifeye App or Site to collect any market research for a competing business.
With respect to all e-mails and communications you send to us, including, but not limited to, feedback, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. If you do not agree with these terms and conditions, you should not provide Simplifeye with any feedback. All feedback will be considered non-confidential and non-proprietary.
11. ELECTRONIC COMMUNICATION
When you use the Simplifeye App or Site, or send emails to Simplifeye, you are communicating with Simplifeye electronically. You consent to receive communications electronically from Simplifeye and its affiliates. Simplifeye will communicate with you by email or by posting notices in the Simplifeye App and Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Although Simplifeye encourages you to e-mail Simplifeye, Simplifeye does not want you to, and you should not, e-mail Simplifeye any content that contains confidential information. With respect to all emails you send to Simplifeye, including, but not limited to, feedback, questions, comments, suggestions, and the like, Simplifeye shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
12. DISCLAIMER AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SIMPLIFEYE APP AND SITE, INCLUDING,
WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS, ARE PROVIDED
“AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF CONDUCT, OR USAGE OF TRADE. NONE OF SIMPLIFEYE, OUR AFFILIATES, SUBSIDIARIES, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “SIMPLIFEYE PARTIES”) WARRANT THAT THE SIMPLIFEYE APP, SITE, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED.
THE CONTENT PROVIDED ON THE SIMPLIFEYE APP AND SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE SIMPLIFEYE APP OR SITE BY SIMPLIFEYE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SIMPLIFEYE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF OUR EMPLOYEES, THIRD-PARTY CONTRIBUTORS, OR CONTENT THEY PROVIDE THROUGH THE SIMPLIFEYE APP OR SITE. SIMPLIFEYE MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO MEDICAL HISTORY OR MEDICAL RECORDS. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT ERROR-FREE. THE SIMPLIFEYE APP AND SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES.
13. EXTERNAL SITES AND APPLICATIONS
You agree to defend, indemnify, and hold the Simplifeye Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Simplifeye App or Site; (iii) your violation of any third-party rights, including without limitation any intellectual property or privacy right; or (iv) your violation of any applicable law, including but not limited to HIPAA.
15. COMPLIANCE WITH APPLICABLE LAWS
The Simplifeye App and Site are based in the United States. Simplifeye makes no claims concerning whether the Simplifeye App or Site and/or the Simplifeye IP may be viewed or be appropriate for use outside of the United States. If you access the Simplifeye App or Site and/or the Simplifeye IP from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
18. HOW TO CONTACT SIMPLIFEYE
If you have any questions or comments about the Simplifeye App or Site please contact Simplifeye by email at firstname.lastname@example.org.