Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE, INCLUDING THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR, GO TO THE HOSPITAL, OR DIAL “911” IMMEDIATELY.
The Service (the App)
myEYEapp, and its parent website, www.myEYEapp.net, (THE APP) is provided by Neovix, Inc. (“we” or “COMPANY”), a corporation registered in Nevada, USA. The App provides a “SERVICE” which facilitates communication between a subscribing Practice (Organization) and Users (Patients) who have installed and logged into the app. Our role is to provide the platform only. The platform is only one option with which to communicate with the chosen practice. Users may always use conventional phone or email communication to contact their chosen medical professional.
After installing the app, you (the User) create an account and enter a “Practice ID” which connects the information you enter into The App to the Linked Practice which has subscribed to our Service.
This APP is NOT integrated directly into the any Practices management software or medical records.
1. Terms of Use
1.1. Please read these Terms of Use carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before using The App service (the “Service”). By using the Service, you signify your agreement to be bound by these conditions. These Terms of Use govern a legal agreement between you and us and it sets out the conditions which govern your use of the Service, which may be accessed through:
1.1.1. our website https://www.myeyeapp.net (the “Website”), whether as a guest or a registered user; and/or
1.1.2. THE APP mobile application software (the “App”) (available on a number of different App marketplaces (the “App Sites”), which has multiple functions once you have downloaded a copy of The App onto your mobile telephone or handheld device (“Device”) installed it, and logged in to the app via a username and password.
1.2. References in these Terms of Use to the Service, includes the Website and/or The App (as appropriate, depending on the method you are using to access the Service). When you use the Service via The App you will also be subject to the terms, guidelines and conditions applicable to the mobile app by any relevant App Site from whose site you downloaded The App. If these Terms of Use are inconsistent with any other download source for The App, these Terms of Use will control.
1.3. 1.3 We license use of the Service (including, The App and the Website) to you on the basis of these Terms of Use and subject to any other rules or policies we notify to you.
1.4. By using the Service (including, by downloading The App or registering to use the Service), you confirm that you accept these Terms of Use and that you agree to comply with them.
1.5. If you do not agree to these Terms of Use, which govern the contract between us, then you must not use the Service (including, accessing The App and/or the Website).
1.6. These Terms of Use incorporate by reference the following additional terms (which also apply to your use of The App and/or the Website):
1.6.1. our Privacy Policy (https://xxxxx), as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you must ensure that all data provided by you is accurate; and
1.6.2. our Cookie Policy as may be updated from time to time, which sets out information about the cookies we use on our Website.
1.7. Subject to any specific terms identified in respect of a particular feature or part of the Service, these Terms of Use (including, our Privacy Policy) govern the agreement between you and us with respect to your use of the Service.
1.8. For the avoidance of doubt, use of (or of any other services accessible through it) our site is subject to a separate privacy policy and terms and conditions which are accessible through that site.
2. No Medical Advice or Services
2.1. myEYEapp, and the myEYEapp website IS NOT A HEALTHCARE PROVIDER, BUT MERELY FACITATES THE DELIVERY OF INFORMATION AND COMMUNICATION OF SERVICES BY AN INDEPENDENT HEALTHCARE PROVIDER THAT YOU CHOOSE.
2.2. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR, GO TO THE HOSPITAL, OR DIAL “911” IMMEDIATELY.
2.3. THE CONTENT OF THE SITE, APP, AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY THE APP OR WEBSITE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY. OUR APP IS A COMMUNICATIONS TOOL FOR USER INTERACTIONS WITH HEALTH CARE PROFESSIONALS. WE DO NOT PROVIDE MEDICAL SERVICES. ANY DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE APP OR WEBSITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH OUR COMPANY.
3. Grant and scope of license
3.1. In consideration of you agreeing to comply with these Terms of Use, we grant you a non-transferable, non-exclusive, revocable license to use the Service (including, as appropriate, The App and/or the Website), subject to these Terms of Us. We reserve all other rights.
3.2. We do not sell the Service (The App or the Website (or any materials or documents relating to the same)) to you and we remain the owners of such materials at all times.
3.3. You may:
3.3.1. download a copy of The App onto an appropriate Device and view, use and display The App on the Devices for your personal purposes only; and
3.3.2. use the Website for your personal purposes only.
3.4. Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:
3.4.1. not to copy The App or any element of the Website except where such copying is incidental to normal use of The App or the Website, or where it is necessary for the purpose of back-up or operational security;
3.4.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify The App or any element of the Website;
3.4.3. not to make alterations to, or modifications of, the whole or any part of The App or any element of the Website, or permit the same (or any part of it) to be combined with, or become incorporated in, any other programs;
3.4.4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of The App or any element of the Website or attempt to do any such thing (except to the extent that by law cannot be prohibited because they are essential for the purpose of achieving inter-operability or pursuant to any applicable open source license);
3.4.5. to keep all copies of The App which you make secure;
3.4.6. to include our copyright notice on all copies you make of The App on any medium;
3.4.7. not to provide or otherwise make available The App or any element of the Website in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.4.8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by The App or any element of the Website or the Service.
4. The Service
4.1. The Service enables users to use the following resources, which may be updated from time to time:
4.1.1. refer new patients,
4.1.2. request appointments,
4.1.3. request to order materials,
4.1.4. contact the practice,
4.1.5. and store self-added personal information in the app for use by the practice to which you are contacted.
4.2. The Service is accessible for use by the user; and the family members you the user has added to the app during the configuration of the User Profile.
4.3. The Service is designed to be accessed through our App.
5. Accessing the Service
5.1. We do not guarantee that the Service will always be available or that access to it will be uninterrupted. Access to the Service (whether via The App, the Website or otherwise) is permitted on a temporary basis.
5.2. We may suspend, withdraw, discontinue or change all or any part of the Service without notice.
5.3. We will not be liable to you if for any reason the Service is unavailable at any time or for any period and you should ensure that you have alternative means of communicating with the linked Practice other than through the Service.
5.4. You are responsible for making all arrangements necessary for you to access the Service (including, having access to an internet connection and an appropriate Device or browser as appropriate).
5.5. You are also responsible for ensuring that all persons who access the Service through your internet connection and/or Device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
6. Registering to use the Service
6.1. If you wish to register for an account to use the Service then you should obtain the Practice ID from the office you wish to access through the App. If the Practice to which you wish to link does not subscribe to our Service, then unfortunately you will not be able to use the Service. Please feel free to suggest our Service to your Practice(s).
6.2. Please note that if you enter into the app or website, or are provided with a user identification code, password, or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
6.4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know. Please visit the Change Password section of the My Profile section of the app.
6.5. By registering with the system, you agree to receive emails from the System on behalf of the Linked Practice.
6.6. You must only use the Service for lawful purposes and you must not infringe the rights of other users of the Service.
6.7. If you are under 18, your use of the Service will be dependent on your Linked Practice authorizing such use, and will be subject to any additional requirements or conditions which they may place on such use (for example, they may require you to provide them with permission from a parent or guardian, or configure an account by a parent or guardian, and add you to the account as a family member).
7. Prohibited Uses
7.1. You may use the Service only for lawful purposes. You may not use the Service in any way:
7.1.1. that breaches any applicable local, federal, or international law or regulation;
7.1.2. that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously in respect of the Service;
7.1.3. which infringes our intellectual property rights or those of any third party in relation to your use of the Service;
7.1.4. to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
7.1.5. that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
7.1.6. to access, send, knowingly receive, upload, download, use or re-use any personal information regarding any person other than yourself without their explicit prior consent;
7.1.7. to collect or harvest any information or data in respect of the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or
7.1.8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8. Linking to our Website or App
8.1. You may link to the Website or App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website or App must not be framed on (or form part of) any other site or mobile application (as appropriate).
8.3. We reserve the right to withdraw linking permission without notice.
9. Intellectual Property Rights
9.1. We are the owner (or the licensor) of all intellectual property rights in the Service (including, our Website and our App). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2. Our rights the Service (including, the Website and App) are licensed (not sold) to you and you have no rights to the same other than to use the Service under and in accordance with these Terms of Use.
9.3. You may use the Service only for your personal use. You must not use any part of the Service for commercial purposes without obtaining an express license in writing to do so from us (or our licensors as appropriate).
9.4. If you use any element of the Service (including, the Website or The App ) in breach of these Terms of Use, your right to use the Service will cease immediately and we may suspend your access to the Service with immediate effect and without notice.
10. LIMITATIONS OF LIABILITY
Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Service.
10.1. You acknowledge that we have made the Service available to you in reliance upon these Terms of Use (including, these Limitations of Liability).
10.2. COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY IS NOT A HEALTHCARE PROVIDER, AND SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THE HEALTHCARE PROVIDER(S) THAT YOU CHOOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES, AND CONTACT YOUR HEALTH CARE PROVIDER DIRECTLY. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS APP, SITE, OR SERVICE IS $500 (FIVE HUNDRED DOLLARS).
11. Viruses
11.1. Although we work to strong security standards, we do not guarantee that our App or Website will be secure or free from bugs or viruses. Wherever possible you should use your own virus protection software.
11.2. As you have agreed previously in this document,
11.2.1. you must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
11.2.2. You must not attempt to gain un-authorized access to The App or our Website, the server on which our Website is stored or any server, computer or database connected to The App or our Website.
11.2.3. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
12. Termination
12.1. You are free to stop using the Service at any time. If you breach any of these Terms of Use we can freeze your account, prohibit your current and future access, and or stop providing all or part of the Service to you. If we terminate (or suspend) your access to the Service then we will notify you by email or at the next time you attempt to access your account.
12.2. Our ability to provide the Service to you is dependent upon your Linked Practice continuing to keep its account with us active. However, your Linked Practice may choose (for whatever reason) to deactivate functionality at any time.
12.2.1. In all such cases, the contract between us under these Terms of Use shall terminate until the Linked Practice re-activates its account and:
12.2.1.1. all rights granted to you shall cease;
12.2.1.2. You will not have access to communicate with the Linked office.
12.2.1.3. All user rights are suspended until such time that the Linked Practice re-activates its account with System.
12.2.1.4. any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Service shall remain in full force and effect, including sections: Prohibited Uses, Intellectual Property Rights, Limitations of Liability, Choice of Law and Jurisdiction and General.
12.2.1.5. In such circumstances you should contact your Linked Practice to discuss with them any alternative means for you to access their services.
13. Collection of Personal Data
13.1. If you register to use the App, we may collect personal data about you (which may include name, date of birth, e-mail address and phone number, the Device’s phone number, username, password and other registration information you supply.
13.2. This data will be securely held in accordance with the terms of our Privacy Policy
13.3. Please note that your medical record, at all times, remains within the control of your Linked Practice.
14. Choice of Law and Jurisdiction
14.1. These Terms of Use are governed by and construed in accordance with United States law. You and we both agree to submit to the exclusive jurisdiction of the courts of the United States, specifically in the State of Nevada.
14.2. The Service is intended for use by persons resident within the United States. If you are accessing or attempting to access the Service from any other location then: (i) we make no representations that you will be able to access the Service or that it will function correctly; and (ii) you are responsible for ensuring that you act in accordance with any applicable laws in whatever jurisdiction you are resident.
14.3. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.
15. General
15.1. We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the Service or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which govern your use of the Service. You should print off a copy of these Terms of Use for future reference.
15.2. The latest version of our Terms of Use will be accessible through The App and the Website and we will notify you of any material changes through a notice on our Website (and/or via The App). You may be required to read and accept our new terms to continue your use of the Service.
15.3. From time to time updates to The App may be issued through The App Sites. Depending on the update, you may not be able to use the Service until you have downloaded the latest version of The App and accepted any updated Terms of Use.
15.4. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
15.5. We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in or from performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.
15.6. Subject to any specific terms detailed on The App or Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy and Cookie Policy) set out the entire agreement between you and us in respect of your use of the Service.
15.7. No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.8. Any rights not expressly granted by us under these Terms of Use are reserved.
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