Information Collection and Use
Our primary goals in collecting information are to provide and improve our Services and to enable users to enjoy and easily navigate the Services.
• Personal Information. When using our Services, we may ask that you provide us with some personally identifiable information — information about you that can be used to contact or identify you, and information on your use or potential use of the Services and related services (“Personal Information”). Personal Information that we might collect includes information like your name and email address. Personal Information may also include other information you supply to us concerning your preferences and interests expressed in the course of using the Services. We use Personal Information to: (i) administer the Services, (ii) enable you to easily navigate the Services, (iii) provide, improve and optimize the Services, (iv) better understand users needs and interests, (iv) personalize your experience, (v) provide you with software updates and/or product announcements, and (vi) provide you with further information and offers from us that we believe you may find useful or interesting.
• Application Usage Information. When you use our Services, our servers will automatically record information that your mobile device sends or transmits, including, but not limited to, the device ID number, user settings, location and information about your use of the Services. We only store, track and monitor general usage and not information specific to any user. We use this information to improve the Services, develop new products, and offer products and services that may be of interest to you.
Information Sharing and Disclosure
We do not share Personal Information with third parties except as follows:
• Service Providers. We may employ third parties to facilitate the Services, to provide the Services on our behalf, to perform related services or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are not authorized to disclose or use it for any other purpose.
• Aggregate Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose aggregated application usage information with third parties (including suppliers, advertisers, research companies and other organizations) for industry analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Information.
• Compliance with Laws and Law Enforcement. We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our property and rights or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a riskof being, any illegal, unethical or legally actionable activity.
• Business Transfers. We may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
You can delete your Personal Information by contacting us or by making the appropriate modifications in your user account preferences through the Services. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record.
We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Effective November 1, 2012
License to Service
Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable license to download and install one (1) copy of the Application to your mobile device, and to access and use the Service, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Service; (iv) make the functionality of the Application or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Third Party Materials and Agreements
The Application and the Service is protected by copyright, trademark, and other laws of Switzerland and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Application and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application and the Service or in any Third Party Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Application or the Service (“Feedback”) will be the sole and exclusive property of Medical Insights Inc. and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
Use of the Service at Your Own Risk
Your access to and use of the Service is at your own risk. By using the Service, you may be exposed to Content that might be inaccurate, incomplete, delayed, unreliable, offensive, harmful or otherwise inappropriate material. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via the Service. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.
You understand and agree that the Application and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Application or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any products, services or Content provided through the Service or the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Service.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICATION. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND/OR SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AHA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. Any modification to these Terms by you must be in a writing signed by us. These Terms will be governed by and construed in accordance with the laws of Switzerland, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.