Loading...
Loading...
Last Updated: January 12, 2020
These Terms and Conditions (these "Terms"), including the License Agreement is incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Software and web based services. Doc App. Software is provided to you by The Doc App Inc., a Florida Corporation ("The Doc App. INC.", "us" or "we").
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Software in any manner, and each of your heirs, assigns, and successors.
PLEASE CONSULT YOUR HEALTH CARE PROVIDER BEFORE MAKING ANY HEALTHCARE DECISIONS OR FOR GUIDANCE ABOUT A SPECIFIC MEDICAL CONDITION.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SOFTWARE OR WEB BROWSER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SOFTWARE.
This agreement provides customer access and usage of proprietary software as a service as specified below. The Doc App Inc. will provide this functionality through the Internet within a hosted server environment under the terms of this agreement. In addition, The Doc App. INC. may, but is not obligated to, offer other services and/or paid/subscription services.
In the event that such services are offered, the terms by which such are offered (including prices) will be provided in connection with your registration and/or authorization for such services and such shall be automatically incorporated herein by reference.
By using the Doc App Inc. software, subscribers acknowledge. The Doc App Inc. reserves the right to increase the periodic License Fee or change plans at the company's sole discretion. Subscribers will be able to continue their current plan until their next billing cycle. In the event that the subscriber is not willing to pay the increased License Fee to continue as a subscriber, then subscriber shall have the option to terminate the Agreement with The Doc App Inc.
For the duration of this agreement, The Doc App Inc. grants to customer, the simple, non -exclusive and personal right to use the software as described within this agreement in accordance with the contractually agreed number of users and functional modules. Customer acknowledges the exclusive user right within their own operations. A further use is not permitted. Ownership of rights: Customer receives the agreed SaaS license agreement user rights. An acquisition of additional rights to the software is excluded. The Doc App Inc. maintains and reserves all particular publication, multiplication, processing and utilization rights to the software. Reproduction: The Software is protected by copyright.
The copyright also includes the software code, documentation, appearance, structure and organization of the software files, software names, logos and other forms of representation within the software.
All rights are reserved and protected by international treaties and laws on copyright protection.Outages and Warranty. The Doc App Inc. warrants to Customer, that commercially reasonable efforts will be made to maintain the online availability of the service permanently with the objective of 99.0% up-time (excluding scheduled outages, force majeure, and outages that result from any customer technology issues), (ii) the functionality or features of the service may change but will not materially decrease during a paid term, and (iii) that the support may change but will not materially degrade during any paid term. Customer claims against The Doc App Inc., which result from the non-availability or non-functioning of the system, for whatever reason, are excluded.
The Doc App Inc. provides support services during the subscription term. It includes the analysis and resolution of documented, reproducible errors of the SaaS solution by competent personnel and in accordance with accepted industry standards. The Doc App Inc. customer support is available Monday through Friday from 9 to 16 (Eastern Standard Time).
Customer must report any error immediately with an exact description of the problem (including screenshots if possible) support at thedocapp.com. Customer is responsible to timely cooperate with The Doc App Inc. on support case resolutions.Error fixing of the Doc App Inc. system (software and infrastructure) is provided free of charge. All other services (such as technical assistance, configuration, user training in addition to the initial training, regulatory services) are not part of the support services.
If The Doc App Inc. provides extended support services free of charge for goodwill reasons, it can result in no legal claim. Customer acknowledges that The Doc App Inc. support staff may access the customer database instance solely to perform support services. Customer may deny this right at any time in writing to The Doc App Inc.
Not owed within this agreement are support services onsite at customer premises. Should customer require onsite support services than these can be provided by The Doc App Inc. at additional cost.
The Doc App Inc. is entitled to perform minor system upgrades, bug fixes and software maintenance. Whenever possible, system upgrades are performed outside of customer’s business hours.
The Doc App Inc. will ensure that all data (documents, submissions, audit trails etc.) are maintained safely during an upgrade. Significant major changes to the system will be announced at least two weeks prior to their effectiveness by e-mail to the specified customer e-mail account. Customer can object to the changes in writing or by e-mail.
The copyright for objects created and published by The Doc App Inc. itself remains the sole property of The Doc App Inc. Reproduction or use of such graphics, sound documents, video sequences and texts in any other electronic or printed publications is prohibited without the express consent of The Doc App Inc.
Access to The Doc App Inc. is provided via a password encryption for all users. Administration and assigning of user rights is within customer’s responsibility. The Doc App Inc. ensures that data entered by user, documents, submissions and other process information are stored encrypted within customers physical database.
Each customer receives a designated physical database instance. This database instance is functionality encrypted through SQL Server Database encryption.
The Doc App Inc. Software automatically and at least once every hour creates a data backup of all data, information and documents in a backup database in the primary datacenter and also in the secondary datacenter. Should there be a system failure in the primary data center, data will be retrieved from the secondary data center. The recovery time for a complete data center failure of the primary datacenter can be up to 48 hours.
Customer must act in compliance with all laws and regulations Customer shall ensure that any information or content uploaded into the system does not violate laws, third party copyrights or trademark protections or other rights of third parties.
Customer shall ensure with reasonable commercial efforts that the data entered into the system is free of computer viruses or other harmful codes as well as no software will be used, that affects the safety.
Customer acknowledges that the software as a service provided by The Doc App Inc. is a copyright protected system according to Florida state and United States federal law.
Confidential information means all non-public information disclosed by a party (discloser) to the other party (recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (confidential information). The Doc App Inc. confidential information includes without limitation the service, licensed software, documentation, user interface design and layout information, and pricing information.
The recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any confidential Information of the disclosing party for any purpose outside the scope of this agreement. The recipient must make commercially reasonable efforts to limit access to confidential information of discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with excipient no less restrictive than the confidentiality terms of this agreement.
Confidential Information excludes information that: is or becomes generally known to the public without breach of any obligation owed to discloser, (ii) was known to the recipient prior to its disclosure by the discloser without breach of any obligation owed to the discloser, (iii) is received from a third party without breach of any obligation owed to discloser, or (iv) was independently developed by the recipient without use or access to the confidential information. The recipient may disclose confidential information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order.Indemnification. By using The Doc App. INC. Service, you agree that you shall defend, indemnify and hold The Doc App. INC. , its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
BY USING THE DOC APP. INC. SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT THE DOC APP. INC. AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF
(a) ANY CHANGES WHICH WE MAY MAKE TO THE DOC APP. INC. SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE DOC APP. INC. SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE DOC APP. INC. SERVICE),
(b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE DOC APP. INC. SERVICE,
(c) YOUR FAILURE TO PROVIDE THE DOC APP. INC. WITH ACCURATE ACCOUNT INFORMATION,
(d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL,
(e) YOUR USE OR MISUSE OF THE DOC APP. INC. SERVICE,
(f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR
(g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN THE DOC APP. INC.. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF THE DOC APP. INC.,
ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE DOC APP. INC. SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT
The information, recommendations and/or services provided to you on or through The Doc App. INC. Service is for general informational purposes only and does not constitute advice.
The Doc App. INC. does not guarantee continuous, uninterrupted access to The Doc App. INC. Service. Although The Doc App. INC. attempts to maintain the integrity and accuracy of the information accessible through The Doc App. INC. Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of The Doc App. INC. Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to The Doc App. INC. Service by other users or third parties without The Doc App. INC.s knowledge. The Doc App. INC. cannot and does not guarantee that (the contents of) The Doc App.
INC. Services are free of errors, defects, malware and viruses. The medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. The Doc App. INC. shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site or Software.
The Doc App. INC. does not endorse specifically any test, treatment, or procedure mentioned on the site or Software.
THE DOC APP. INC. AND ITS AFFILIATES PROVIDE THE DOC APP. INC. SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DOC APP. INC. SERVICE IS AT YOUR SOLE RISK AND THAT THE DOC APP. INC. AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE DOC APP. INC. SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE DOC APP. INC.
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DOC APP. INC. SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE DOC APP. INC. SERVICE WILL BE CORRECTED. THE DOC APP. INC.
AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE DOC APP. INC. OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
For a period of 15 days from inception of the agreement, customer maintains the right to return the service, if the customer identifies system deficiencies that represent a significant deviation from the system documentation and these deviations are not corrected either within a reasonable time period or The Doc App Inc. is not providing an appropriate remediation concept to customer.HIPAA Compliance. The HIPAA Privacy Rule establishes standards to protect users of the Service individuals’ medical records and other personal health information. For purposes of HIPAA, The Doc App. INC. is agreed to be defined as a “business associate” and may only use medical information in accordance with permissions and/or consents given by you or your healthcare provider. The Service has appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.
For any questions regarding the use of Personal Information please refer to our Privacy Policy. Confidentiality. Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and approved partners if legally required to do so to the appropriate authorities.Modifications. Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Software, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Software following any such change constitutes your agreement to be bound by the modified Terms.
In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Software, or other similar mechanism.You acknowledge and agree that if The Doc App. INC. modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with The Doc App. INC. to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).Intellectual Property Ownership. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and The Doc App. INC. agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Florida for the purpose of litigating any Dispute.
We operate the Software from our offices in Florida, and we make no representation that materials included in the Software are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, The Doc App. INC. or any third-party provider as a result of the Terms or use of the Software.Waiver and Severability.
Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of The Doc App. INC. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Doc App. INC. in writing.Fee and Refund Policy. Any fees that the Company may charge you for the Software or Service are due immediately and are non-refundable. The company does not have to refund you for any charges or fees you have paid no matter what the scenario. The company reserves the right to refund you if deemed necessary.
This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
Please note the pricing information published on the website may not reflect the prevailing pricing.Entire Agreement. These Terms comprise the entire agreement between you and The Doc App. INC. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms. Headings.
All headings and numbering in the Agreement are for convenience of reference only and shall in no way be used in interpretation of any of the provisions in the Agreement.Notice & Contact. The Doc App. INC.
may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
By way of example only, such communication may be a general notice on the Software or via email to the email address listed on your The Doc App. INC. account. It is your obligation to update your account information so that we may contact you as may be necessary.
Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S.
postal mail or any other mail carrier service at the following:
Address: 121 LAMBTON LANENAPLES, FL 34104
Email: info@thedocapp.com
Phone: 239-208-6545