Thank you for using the apps and its services (“Services”). The Services are provided by app developer Zaid Al-Timimi (“App Developer”), located in Washington DC, United States.
In addition to the terms and conditions defined on the iTunes App Store, by using these Services, you are agreeing to the following terms. Please read them carefully.
Using the Services
You must follow any policies made available to you within the Services.
Do not misuse the Services. For example, do not interfere with the Services or try to access them using a method other than by using the apps downloaded from the iTunes App Store and the instructions that are provided. You may use the Services only as permitted by law, including applicable export and re-export control laws and regulations.
The App Developer may suspend or stop providing the Services to you if you do not comply with the terms or policies or if the App Developer is investigating suspected misconduct including fraudulent use, or leaking location, health data, or other personal data.
In connection with your use of the Services, the App Developer may send you service announcements and administrative messages.
The Services are available on mobile devices. Do not use the Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Content, the App Developer, and the Services
The Services allow you to send and receive content in the form of patient assignments and notes, team alerts, medical requests, and health data. When a user transmits patient notes, medical requests, and health data to or through the Services, an encrypted copy is made of that data on the user’s device. Then that encrypted data is temporarily stored in the cloud as it is forwarded to the intended recipient. The Services decrypt the copy on delivery to the recipient. Accordingly, until your content is deleted from the Services, you give the App Developer a worldwide license to encrypt, decrypt, store, and forward such content. The rights you grant in this license are for the limited purpose of transmitting a secure copy to your intended recipient. Make sure you have the necessary rights to grant the App Developer this license for any content that you submit through the Services.
The Services stores and forwards your encrypted content through Apple’s iCloud and Microsoft’s Azure cloud. To ensure delivery to the intended recipient, you must use a unique iCloud account and may not share or reuse the same iCloud account to evade licensing fees. For example, if you install the doctor app on an iPhone and it uses a specific iCloud account, you should not install the charge nurse app on an iPad which uses that same iCloud account.
The Services allow teams to collaborate by sharing location data and FaceTime contact information. The App Developer strongly suggests that you use a work-only FaceTime contact alias and not your personal FaceTime contact information. You may not export another user’s FaceTime or location information or use that information outside of the Services.
The App Developer and Services never have access to your iCloud account information or data from other 3rd party apps.
The Services also allow patients to securely transmit health data to their cardiac team. A patient’s health data is protected by various laws such as HIPAA. Unless authorized by the patient, you may not use the Services to obtain a patient’s health data.
Modifying and Terminating the Services
The App Developer is constantly changing and improving the Services and may add or remove functionalities or features, and may suspend or stop the Services altogether.
You can stop using the Services at any time. The App Developer may also stop providing Services to you, or add or create new limits to the Services at any time.
Service Availability and Performance Disclaimers
Service availability and performance is based on several factors outside the control of the App Developer including your access to the internet, the quality of your network connection, and the availability and performance of Apple’s and Microsoft’s cloud services.
The Services use commercially reasonable level of skill and care and the App Developer hopes that you will benefit in using them but DOES NOT MAKE ANY COMMITMENTS TO THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE APP DEVELOPER PROVIDES THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, THE APP DEVELOPER EXCLUDES ALL WARRANTIES. THE APP DEVELOPER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of the Services
If you are using the Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the App Developer from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
The App Developer may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. The App Developer will post notice of modifications to these terms on this page and will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than five days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.
If there is a conflict between these terms and the iTunes app terms, iTune’s terms will control for that conflict.
These terms control the relationship between the App Developer and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and the App Developer does not take action right away, this does not mean that the App Developer is giving up any rights that the App Developer may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Last modified: January 08, 2019