DocToMe Inc.’s
End User License and Terms of Use Agreement

 

PLEASE READ THIS END USER LICENSE AND TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY. DOWNLOADING, INSTALLING OR USING DOCTOME SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

DOCTOME, INC. (“DOCTOME”) IS WILLING TO LICENSE ITS SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (EITHER “YOU,” “PATIENT”, OR “PROVIDER”, AS APPLICABLE) TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN DOCTOME IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

IF YOU HAVE AN EMERGENCY, DO NOT USE THE SOFTWARE! CALL 911 AND YOUR HEALTH CARE PROVIDER AND REQUEST EMERGENCY CARE ASSISTANCE.

  1. Description of Software

This Agreement is a legal agreement between you and DocToMe for the use of the ethizo™ downloadable and online software (the “Software”) as made available through various third-party retailers (e.g. iTunes, google app store etc.) and our websites, https://ehr.ethizo.com & https://pms.ethizo.com (the “Website”). This Agreement includes all versions of the Software on all platforms.

Our Software provides an accessible, affordable, and professional platform for provision of care by health care providers (“Providers”) to their patients (“Patients”).  It also allows Patients to interact with Providers.

  1. License

This license granted to you by DocToMe is limited to a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Software through the “Website” or on your iPhone, Android phone, or any other approved device, solely for the purpose of performing those functions and tasks available to you as an end user of the Software. This license does not allow you to use the Software on any iPhone, Android phone, or any other approved device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of DocToMe and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by DocToMe that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern, and you agree to promptly install any such upgrade and cease use of the prior version.

  1. Copyright and Trademark

This Software is owned by DocToMe and is protected by United States and International Copyright laws and treaties. Some aspects of the Software may also be protected by U.S. and international trademark, trade secret, and patent laws and treaties. All rights of any kind in the Software which are not expressly granted in this License are entirely and exclusively reserved to DocToMe.

Digital Millennium Copyright Notice and Other Reports of Infringement:

Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), you may contact DocToMe to report the infringement of any intellectual property right through DocToMe’s following contact info:

Info@doctome.org.

  1. Compliance with Laws; Transmission of Data

With respect to its operation of the Software, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the HITECH Act and any regulations promulgated thereunder (the “HITECH Act” and together with HIPAA collectively, the “Privacy Laws”), DocToMe will fully comply with the Privacy Laws and maintain the confidentiality of any Protected Health Information (“PHI”, as defined by the Privacy Laws) transmitted or made available through the functionality of the Software or the Website, and in accordance with such compliance, DocToMe will, among other things:

  1. Not use or further disclose PHI other than as permitted or required by the Privacy Laws and/or as permitted under a Business Associate Agreement (“BAA”) between Patient’s health care Provider and DocToMe; disclosure and transmission of Patient PHI using the Software is only done under the direction and after permission of Patient’s health care Provider.
  2. Report to Customer through Customer’s health care provider any unauthorized use or disclosure of PHI of which DocToMe  becomes aware.
  3. Ensure that any agent, including a subcontractor to whom DocToMe provides PHI in any format received from, or created or received within or through the Software or the Website, agrees in writing to comply with the Privacy Laws.
  4. Mitigate, to the extent practicable, the harmful effect of any unauthorized use or disclosure of PHI.

The Software is intended to be used by users who are:  (i) health care providers who have contracted with DocToMe pursuant to a BAA, and/or (ii) Patients whose Providers have contracted with DocToMe pursuant to a BAA. If you are under 18 years old, please discuss with your Provider whether you should use and download the Software. The Software is not directed to children under the age of 13.  DocToMe does not knowingly collect, use or disclose personal information from children under age 13.  Please do not use the Software if you are age 13 or younger.  In order to use the Software, with your Provider you must be a resident of the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions. To use the Software, you may be asked to provide information about yourself (or the person on whose behalf you are downloading the Software). By submitting such information to DocToMe, you hereby certify that any and all information provided to DocToMe is true and correct and you authorize DocToMe to use any method it chooses to verify the truth and accuracy of the information that Customer provides to the extent DocToMe needs to do so to protect its rights or other users of the Software or Website. Failure to provide truthful and accurate information to DocToMe may result in termination of your access to the functionality of the Software.

  1. DocToMe Conditions of Use

DocToMe reserves the right to make changes to this Agreement at any time without notice to you. The most current version of the Agreement can be reviewed by selecting the “Terms and Conditions of Use“ hypertext link located within this Software. It is your responsibility as a user of this Software to periodically review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are incorporated into this Software. Your continued use of this Software following any amendments will constitute agreement to such amendments.

  1. Related Documents

Health care providers are required under law to notify and request patient authorization for the transmission of PHI.  Health care providers must also have an executed BAA in place before they may use the Software and authorize transmission of any patient PHI.  This Agreement and the DocToMe Privacy Policy are meant to supplement those agreements, not to replace them. All of the workflows and access to all data on the patient portal contained within the Software are governed by the privacy rules and patient portal policies and procedures provided by the patient’s health care provider and by DocToMe’s Privacy Policy.

  1. Privacy

Privacy is very important to us. Please see our Privacy Policy, by selecting the “Privacy Policy” hypertext link located within our Software or at the bottom of our Website.

DocToMe does not share any patient related data or give access to any user, whether a patient or any other person designated or allowed by the patient to receive patient related data (PHI, PII) until and unless approved by a patient’s health care provider.

  1. Your Account

We will do our best on our end to protect your privacy. But you have responsibilities too. If you use this Software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password.

  1. Warranties and Disclaimers
  2. DocToMe attempts to provide information that is as accurate as possible. However, we do not warrant that product descriptions or other content of this Software are accurate, complete, reliable, current, or error-free. If the Software offered by us is not as described or is defective, your sole remedy is to stop using the Software, and request a refund or exchange, at our option.
  3. THE SOFTWARE AND THE SOFTWARE MATERIALS (INCLUDING ANY LEGAL INFORMATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DOCTOME SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE LICENSED APPLICATION EVEN IF DOCTOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCTOME DOES NOT REPRESENT OR WARRANT THAT LICENSED APPLICATION MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE LICENSED APPLICATION, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DocToMe will take reasonable steps to assure that its Software and servers are free of viruses, spyware, malware and other harmful components, but it is impossible to guarantee that the Software and servers will always be free of harmful components. Therefore DOCTOME DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION OR ITS SERVERS ARE FREE OF VIRUSES, SPYWARE, MALWARE OR OTHER HARMFUL COMPONENTS. You should use industry recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any downloads. While DocToMe endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not DocToMe, and such contributions may be incomplete or may contain inaccuracies. DocToMe is not responsible for errors or omissions in any information or materials contained on the Software. You should independently verify the accuracy of any information you obtain on the Software before using it. You agree to be solely responsible for your use of the content found on this Software, the Software Materials and the Services. 

DocToMe reserves the right to change any and all content contained in the Software and any Services offered through the Software at any time without notice.

  1. IN NO EVENT SHALL DOCTOME OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SOFTWARE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DOCTOME OR THE LICENSED APPLICATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DOCTOME’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF DOCTOME, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE LICENSED APPLICATION OR THE LICENSED APPLICATION MATERIALS, SHALL NOT EXCEED FIFTY DOLLARS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
  2. Other Rights. This warranty gives you specific legal rights. You may have other rights, which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.
  3. No Medical Advice

THE SOFTWARE ALLOWS PATIENTS TO INTERACT WITH THEIR HEALTH CARE PROVIDERS. DOCTOME IS NOT LICENSED TO PROVIDE MEDICAL ADVICE AND DOES NOT PROVIDE ANY MEDICAL ADVICE. THE SOFTWARE DOES NOT INTERPRET MEDICAL ADVICE. ALL MEDICAL ADVICE AND SERVICES SHOULD COME FROM A PATIENT’S HEALTH CARE PROVIDER. HEALTH CARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE MEDICAL ADVICE AND SERVICES THAT THEY PROVIDE AND PATIENTS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTION WITH THEM AND FOR HOW PATIENTS USE THE ADVICE AND SERVICES THAT HEALTH CARE PROVIDERS PROVIDE.

  1. Links to Third Party Sites

The Software may contain links to third party services and websites (collectively “Third-Party Services”). These Third-Party Services are not under the control of DocToMe and DocToMe is not responsible for the content of any Third-Party Service. DocToMe provides these links as a convenience to its users, and the inclusion of any link does not imply endorsement of the linked Third-Party Service by DocToMe. This Software may also contain links to DocToMe services and websites.

  1. Software and Operating Platform Updates

Due to the complex nature of computer and mobile device hardware and software, DocToMe makes no guaranty that it will enhance the Software. DocToMe makes no promise to keep the Software competitive in light of computer and mobile hardware and software evolution. In particular, DocToMe cannot and does not guarantee that the Software will work with future version of operating platforms such as Microsoft Windows, Google Android, and Apple OS.

  1. Entire Agreement and Applicable Law

Except where otherwise referenced herein, this Agreement contains the entire understanding between the parties with respect to the matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America. Exclusive venue and jurisdiction for any action arising out of this Agreement shall be properly laid in the Superior Court of Washington for King County, or in the United States District Court for the Western District of Washington at Seattle. You hereby irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any claim, action, suit or proceeding relating to this Agreement. Both parties agree to waive their respective rights to a jury trial of any claim or cause of action based upon or arising out of this Agreement.

  1. Termination

Notwithstanding any of these terms, DocToMe reserves the right, without notice and in its sole discretion, to terminate your license to use the Software, and to block or prevent your access to and use of the Software at any time. 

Upon expiration or termination of your use of the Software, retention or destruction of Patient’s PHI is undertaken as per direction from his or her health care provider, which is described in detail under our data retention policy included in the BAA between DocToMe and the health care provider. 

DOCTOME CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE APPLICATION. DOCTOME RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE APPLICATION) THAT IN DOCTOME’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

  1. Amendment

You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of your use of the Software. 

 

  1. End User Compliance With Laws

When you use the Software to upload and transmit PHI, You agree that, to the extent applicable, you shall comply with all State and Federal laws, including but not limited to the Privacy Laws. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. DocToMe’s access to patient PHI when applicable is permitted per guidelines described in detail within the BAA between the health care provider and DocToMe Inc. 

  1. User Data

DocToMe acknowledges and agrees that the data and information that is compiled or passes through the Software that specifically relates to you, your patient care, or your physician procedures or diagnosis (collectively, the “User Data”), and all right, title and interest therein, is and shall remain the exclusive property of Patient or Provider, as applicable. Notwithstanding the foregoing, to the extent permissible under the Privacy Laws and any other applicable laws and regulations, you hereby grant to DocToMe a perpetual, unlimited license to use the User Data, in a de-identified format stripped of identifiers only, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services; provided, however, that DocToMe shall comply with the Privacy Laws in connection with any such actions and shall protect and maintain the confidentiality of all Client Data used in such manner.

  1. Contact Us

You may contact DOCTOME with any questions, complaints or claims with respect to this Software at: info@doctome.org

 

Copyright © 2017 by DocToMe Inc.