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.
1.1.1. 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.
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
3.2. 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.
3.4.1. 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).
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.
6.4. 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;
7.1.3. 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.
9.3. 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).
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.
10.2. 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).
11.1. 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.
12.2. 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.
188.8.131.52. all rights granted to you shall cease;
184.108.40.206. You will not have access to communicate with the Linked office.
220.127.116.11. All user rights are suspended until such time that the Linked Practice re-activates its account with System.
18.104.22.168. 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.
13.3. Please note that your medical record, at all times, remains within the control of your Linked Practice.
14. Choice of Law and Jurisdiction
14.2. 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.
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