iSelfCheck App License Agreement
This License Agreement (“License Agreement”) is effective immediately upon your downloading of the iSelfCheck App (“iSelfCheck App” or the “App”). The iSelfCheck App and the iSelfCheck Site (the “Site”) is owned and operated by Sirma Group Inc., dba Panaton, a Delaware corporation (“Licensor” also referred to as “We”). Licensor and You (also referred to “Licensee”) shall also be referred to individually as Party and collectively as Parties.
Downloading and using the iSelfCheck App constitutes your consent to be bound by the terms and conditions of this License Agreement.
Subject to the terms and conditions of this License Agreement, Licensor grants You a limited, non-exclusive, non-transferable, world-wide, revocable license to (i) download, install, and use the iSelfCehck App; and (ii) download, install, and use any upgrades, updates, enhancements and bug/error fixes of the iSelfChekc App.
2. Restrictions on Use of the App.
You acknowledge that the iSelfCheck App and its structure, organization and Source Code constitute valuable trade secrets of Licensor and its suppliers. Accordingly, You agree not to (a) modify, adapt, alter, translate, or create derivative works from the Licensed Software; (b) sublicense, lease, rent, loan, or otherwise transfer the Licensed Software or the to any third party or location, except as provided herein; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the Source Code for the iSelfCheck App; or (d) otherwise use or copy the iSelfCheck App.
You further agree that You will not use or encourage others to use the iSelfCheck App in a way that could harm or impair others’ use of the iSelfCheck App or the iSelfCheck Site and system. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the ISelfCheck App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the ISelfCheck App on an Android product.
3. Modifications to this License Agreement.
Licensor reserves the right to modify this License Agreement at any time and for any reason. Licensor will post the most current version of this Agreement at https://iSelfCheck.net/license-agreement. Your use of the App is subject to the most current terms and conditions of this Agreement. You are responsible for complying with the updated terms posted online at iSelfCheck Site even if these updated terms appear online at iSelfCheck Site before being posted on the ISelfCheck App. Your continued use of the iSelfCheck App after iSelfCheck Site publishes notice of changes to this Agreement indicates Your consent to the continued use of the iSelfCheck App subject to updated terms.
5. Consent to Electronic Communications and Solicitation.
By downloading the ISelfCheck App, You authorize iSelfCheck to send You (using push notifications) information regarding the iSelfCheck Website, system and the ISelfCheck App, such as: (a) notices about Your use of the iSelfCheck Website, system and the ISelfCheck App, including notices of violations of use; (b) updates to the iSelfCheck Website, system and ISelfCheck App and new features; and (c) promotional information and materials regarding iSelfCheck's products and services. You can review mobile device’s notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the ISelfCheck App settings.
6. HIPAA Compliance.
To the extent that the iSelfCheck collects Your protected health information, such information is subject to federal laws and regulations, including the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Protected Health Information shall have the same meaning as the term “protected health information” in 45 CFR § 160.103, and is limited to the information that Licensor accesses, creates, maintains, retains, modifies, records, stores, destroys or otherwise holds, uses or discloses on behalf of Covered Entity. Licensor’s obligations to protect protected health information are set forth in the Business Associate Addendum a copy of which can be found here: _______________________________________.
7. No Warranty. No Medical Advice or Treatment.
7.1 The iSelfCheck App is provided on an “as is” basis without warranty whatsoever, and Licensor expressly disclaims any and all warranties, express, implied, or statutory, with respect thereto, including without limitation the implied warranty of merchantability, non-infringement of third party rights, title and fitness for a particular purpose. Licensor makes no warranty, representation, or guaranty: (i) as to the sequence, accuracy, timeliness, relevance, or completeness of the iSelfCheck App; (ii) as to any information offered or provided within or through the iSelfCheck App; or (iii) that the iSelfCheck App may be relied upon for any reason, that the use of the iSelfCheck App will be uninterrupted or error free. The use of the iSelfCheck App is at Licensee’s own risk.
The ISelfCheck App is solely a communication software application. Nothing in this Agreement or the use of the ISelfCheck App shall be construed to be a medical advice or advice for medical treatment.
The ISelfCheck App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the ISelfCheck App is solely Your responsibility and downloading the ISelfCheck App is done at Your own risk. iSelfCheck does not represent or warrant that the ISelfCheck App and Your device are compatible or that the ISelfCheck App will work on Your device.
7.2 OS Application.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE ISELFCHECK APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
7.3 Android Application.
GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Suspension and Termination.
Licensor reserves the right to suspend or terminate Your access to the ISelfCheck App and/or service and websites at any time and at the sole discretion of Licensor. You understand that if Your access is suspended or terminated, You may no longer have access to the content that is stored within the iSelfCheck App and/or Website.
9. Intellectual Property Rights.
Licensor owns any and all right, title, and interest to and into the iSelfCheck App and Site in Source Code and Executable Code, and any and all manuals and documentation pertaining to the iSelfCheck App and Site, including but not limited to, flowcharts program procedures and descriptions (including descriptions of the source code and build procedures for the object code), procedures for maintenance and modification, testing data and similar written material relating to the design, structure and implementation of the iSelfCheck App and Site. The iSelfCheck App and Site, related documentation, and all worldwide Intellectual Property Rights therein, are the exclusive property of Licensor. All rights in and to the iSelfCheck App and Site not expressly granted to Licensee in this Agreement are reserved by Licensor. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any of Licensor’s existing or future patents. Licensee will not remove, alter, or obscure any proprietary notices (including copyright notices) of Licensor on the iSelfCheck App and Site or related documentation.
In the event of any third party claim that the iSelfCheck App, or Your possession and use of the iSelfCheck App, infringes third party’s intellectual property rights, Licensor will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. Third Party Beneficiaries.
This License Agreement is between You and Licensor and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this License Agreement or Your use of the ISelfCheck App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this License Agreement, allows Apple or Google, as applicable, to enforce this License Agreement against You as a third-party beneficiary thereof. iSelfCheck is not responsible for any applicable third-party agreement between You and Your any third-party, including your wireless provider.
11. Contact Information.
If You have any questions regarding this License Agreement, please contact Licensor by email at legal@iSelfCheck.net, by mail at 202 N 9th Street, Ste 201, Boise, ID, 83716, USA.