End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRONIC-Lab Ltd STATING THE TERMS THAT GOVERN YOUR USE OF CERTAIN SMART PHONE and Tablet APPLICATIONS OWNED BY TRONIC-Lab Ltd, SPECIFICALLY, THE Medicus APPLICATION. PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE “AGREE” BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING “AGREE” OR DOWNLOADING THE Medicus APPLICATION YOU REPRESENT THAT YOU ARE 16 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS “CANCEL” AND DO NOT DOWNLOAD ANY Medicus APPLICATION.
1. General provisions
Hereunder and the following or related relations of the Parties the following terms and determinations are applied:
The agreement – this document with all additions, changes, and the obligatory documents specified in it, and the agreement signed on its basis.
The user – the physical person which has reached age of 16 years, expressed the consent to handling of the personal information which has created own accounting record and joined this agreement in own interest.
Administration - Tronic-Lab Limited Liability Company, having an exclusive right on the Application "Medicus" as on object of author's right PSRN 1155263008163.
The website (Further – "Internet portal") - the automated information system available on the Internet to the network address inmedicus.ru
Mobile application – the computer program intended for installation and use on the Device allowing the User to get access to Service with use of a communication network.
Application – the computer programs and/or databases, including the Website and the Mobile application intended for provision of access to Service with use of the Device.
The Device – the personal computer, the tablet, the mobile phone, a communicator, the smartphone, other device allowing to use Application and/or Service for their functional purpose.
Service - a range of services, provided to the User with Application use.
Content – images, text, audio-and video records, and other objects of the author's and (or) adjoining rights, and information and messages of any nature which are equally not those.
Private office (further – "Profile") - the personal section of Application to which the User gets access after passing of registration and/or authorization in Application. The private office is intended for loading and unloading of files, storage of personal user information and files, viewing of conditions of use of Application and management of available functionality of Application.
In this agreement, other terms and determinations can be used. In this case interpretation of such term is made according to the text of the Agreement. In case of lack of unambiguous interpretation of the term or determination in the text of the Agreement and other documents forming the agreement on terms of agreement it is necessary to be guided by its interpretation, certain: first of all – the Law, and in subsequent – business customs and the scientific doctrine.
This agreement and obligatory documents specified in it determine the main conditions of use of Application and also any development and / or addition of new functionality.
Having seized any opportunity of Application, including registration of own Profile, the User confirms that:
• He have studied terms of this agreement and the documents, obligatory for the Parties, specified in it in full prior to use of Application and/or the Service provided on its basis.
• He accepts all terms of this agreement and the documents, obligatory for the Parties, specified in it in full without any withdrawals and restrictions from the User and undertakes to observe them or to stop Service use.
Expression of consent within terms of agreement and usage by the User of the application and/or the Service provided on his basis in any manner and in any form within their functionality and appointment, including, registration in Application, confirmed to become an accept, and creates the public offer agreement on the terms and conditions of this agreement according to Law.
If the User does not agree with terms of this agreement and the documents, obligatory for the Parties, specified in him or you have no right to the conclusion of the agreement on their basis, it should stop immediately any use of Application and the Service provided on its basis.
The user agrees with the fact that the Administration has the right at any time unilaterally without notice the User to change this User agreement, including the obligatory documents relating to it. Use of Application after entering of changes by Administration into the User agreement and / or the obligatory documents specified in it, means consent of the User with such changes. New edition of the Agreement and/or the obligatory documents specified in it comes into force from the moment of placement on the Website and in the user's Profile if other is not provided by new edition of the Agreement and/or the obligatory documents specified in it.
The user can study the User agreement in the Mobile Application or on the Website.
2. Subject of Agreement
The agreement governs the relations arising between the User and Administration of the Application "Medicus" in the course of use of the Application "Medicus".
The application "Medicus" provides to the User the Medicus service including a range of services on safe loading, unloading and storage of medical files of the User who represents the protected and optimum alternative of receipt of results of medical analyses and inspections through e-mail – mailing, and also to creation of personal calendars and recommendations. Service is oriented only to ensuring availability and safety of medical files, efficiency and quality of personal recommendations.
According to this User agreement, the Administration gives to the User an opportunity to use Application free in an order and on the conditions determined by this User agreement. In addition, the User has the right to make internal purchases for the payment established by Administration and to use additional opportunities of Service. Paid content distinguishes availability of the price with which Service acquaints the User before purchase making from free.
3. Cost of services and procedure of settlements.
1. The cost of paid services is determined in accordance with the Price List (enclosure №1 to the user agreement).
2. The Administration have the right to change at any time the price list without the consent of the user and without any prior notice. The price changes are possible in certain promotional periods at the discretion of the Administration with the introduction of appropriate changes in the price list.
3. Services are to be paid by the User on a prepaid basis. The method of prepaid is determined independently by the User from among the options proposed by the application. By paying an invoice, User confirms acceptance of the terms of this Agreement and the Public Offer Agreement establishment.
4. Payments are made by User without liability provided by the Administration. Security, privacy, and other conditions of using of the method chosen by the User / payment methods are outside the scope of the Treaty Public Offer.
4. The procedure for the provision of services
1. For the paid period the administration offers the user an exclusive, non-transferable in any form, with a limited period of time, the right to access cloud storage (hereinafter - Storage) in the application, including a range of services for safe loading, unloading and storage of medical user`s files.
2. Access to the User`s Storage management is performed through the User Profile in the application.
3. Provision of services is carried out after making payment at the expense of the Administration.
4. At the end of the period for which the user of the cloud storage paid, the Administration disable the User access to the storage, as well as to all additional features associated with the storage.
5. Reporting service period establishes in the price list.
6. All the costs, including bank charges for transfer of funds under this agreement assigned to the User.
7. The date of rendering Services Administration is the date of the connection (extension) for a certain period of use of the cloud storage
8. In case of User`s refusal from the using of paid content, before the end of the paid period, a refund is not made.
9. In case of technical works on the web site, during which the user could not use the service to carry out properly, the Administration extends the provision of services by the number of days of technical work free of charge. Extending the provision of services carried out after the receipt of a written claim from the User to the Administration. The term of consideration of the claim is no longer than 5 (five) working days from the date of receipt of a written claim from the user.
10. Services are considered proper by the Administration and accepted by the User if, within five working days from the date of log off the storage, the Administration does not receive from the User motivated written objections.
At the end of the period above (five working days), the claims of the User about Services problems, including the quantity (volume), the cost and quality are not accepted.
11. After the provision of services under the Contract, Parties do not have any complaints to each other except for cases of violation of the legislation.
5. Rights and Obligations of User
The user of the application has the right to use it for loading, unloading and storage of medical files of all formats, access to data on its state of health, maintaining personal calendars, the diary of supervision, receipt of personal recommendations and reminders.
The user has the right to provide the following information on himself:
• birth date;
• e-mail address (e-mail);
• number of the cell phone.
The administration recommends to the User to place the offered information on itself for use of all opportunities of Application.
The user has the right to create one Profile.
The registered User independently determines an order of use of the Private office and other functionality of Application, including conditions of use of the corresponding Service which, however, under no circumstances cannot contradict this agreement, related or additional documents.
Within 7 days from the date of registration the user is required to confirm the e-mail address, which was provided during the registration. To confirm the e-mail address the user goes to the link provided in the letter received from firstname.lastname@example.org after registration. If the user does not confirm email address within the specified period of time, the administration is able to block the user account for the period to 30 days. During this period the user can not use Promedicus app, but the user is able to activate the account, after confirming the email. At the expiration of the period of lock , the administration reserves the right without notice to delete the user account without notice and without restoring.
Viewing of Content placed in Application in open media does not require obligatory registration and/or authorization of the User.
Accepting terms of this agreement, the User understands and recognizes that:
• The user bears responsibility for own actions connected by Application use including responsibility before the third persons in cases when actions of the User violate the rights and legitimate interests of the third parties according to existing rules of international law. In case of origin at the User of doubts in the relation of legality of implementation of these or those actions, the Administration recommends refraining from implementation of the last.
• The user bears the personal liability for any information that from his name is placed in the Profile and/or is told other Users and persons.
• The user bears responsibility for safety of the login and the password. The user has no right to transfer the login and the password to the third parties. Any actions made with use of login and the password of the User are considered made by the corresponding User. In case of unauthorized access to login and the password, and also about cases of loss of confidentiality of the password known to it used by the User for access to the profile, the User is obliged to report without delay about it to Administration to the e-mail address email@example.com
Till the moment when the Administration receives from the User the corresponding message, responsibility for all actions which are made with use of the corresponding Profile the User bears.
• The user undertakes not to take actions directed to crushing program or the hardware of Application (distribution of virus programs, hacking of servers, etc.). For the illegal actions of the User, which have entailed damnification to Application, the User bears responsibility in accordance with the Law.
• The user bears independent responsibility for the relations with medical institutions concerning an opportunity or impossibility of use of Service.
• The user of the application undertakes to satisfy accurately conditions of this User agreement and any additions to him.
The user has the right to stop using «ProMedicus» application blocking the account. In this case, the administration does not recalculate and return the funds to the User. Within 30 days after the blocking the account, User`s data will be stored on the servers of the Administration. During this period, the User has the right to regain access to their profile free of charge. After this period of time all account data and all content, which had been uploaded to the cloud will be permanently deleted by the Administration.
When using the Appendices User has no right:
• To load, send, transfer or by any other method to place and/or distribute information which is illegal harmful, slanderous, offends morality, shows (or is promotion) violence and cruelty, violates intellectual property rights, propagandizes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social signs, contains insults to any persons or the organizations, contains elements (or is promotion) pornographies, a children's sensuality, represents advertising (or is promotion) services of sexual nature (including under the guise of other services), explains an order of production, application or other use of narcotic substances or their analogs, explosives or other weapon;
• To violate the third party rights, including minors and/or to do they harm in any form;
•To illegally collect and store personal information of other persons;
• To break normal operation of application
• To promote the actions directed to violation of the restrictions and prohibitions imposed by the Agreement;
• In any other manner to break regulations of the legislation, including rule of international law.
Rights and Obligations of Administration
In case of technical failures and work stoppages of the Application Administration undertakes to recover its working capacity quickly.
The user agrees that information specified to them will be stored in Application. The administration has access to registration data of the User, can check, research and analyze them, and also statistical data of visits of Application for the purpose of development, support, improvement and personalization of services and sections of Application.
The administration reserves the right to change Application registration, its content and the list of services at any time without notice of the User.
In case of repeated or gross violation of terms of this agreement and/or requirements of the legislation, the Administration has the right to block or remove an accounting record of the User, and also to forbid access with use of an accounting record to Application and/or Services and to remove any data specified by the User in the Private office without prior notice
5. Exclusive Rights
All rights to the software placed on the Internet portal having the address: inmedicus.ru and in the Application "Medicus" (further - "Software") possesses Administrations.
Any of provisions of this User agreement, and several provisions in total, cannot be considered as the license agreement about transfer of the exclusive rights belonging to Administration, other persons.
user undertakes not to use the software for commercial purposes. The
user undertakes not to copy, not to modify the software, not to
divide it into components and not to use them in the purposes.
The administration does not guarantee that Application is applicable for achievement of any other purposes or results, than is declared in the User agreement; that Application will conform to requirements and expectations of the User; the obtained data on a state of health of the User will be exact and reliable; the loaded files will be high quality. In these cases, the User undertakes not to make a claim to Administration and not to require expense recovery, connected with Application use.
The administration does not bear responsibility for refusal of Medical institutions to use Service for transfer of medical files to the User.
The administration tries to ensure smooth operation of Application, however does not bear responsibility for the temporary failures and work stoppages of Application caused by need of updating and completion of Application.
The administration does not bear responsibility for the failures in operation of the Device of the User or mobile operator, which have caused problems in operation of application.
The administration of Application does not bear responsibility for loss of data or any other damage to any other equipment or the software caused or connected with loading of harmful files. For the avoidance of doubt, the User is recommended to observe and use only the licensed anti-virus software. Any materials received by the User from Application with Service use, the User can use on own fear and risk, also responsibility for any damage which can be caused to the Device of the User and data of the User as a result of loading of these materials is conferred on the User.
The administration does not bear responsibility for information posted on the websites of the third parties that has been divulged by the user independently, or from his consent.
The user fully recognizes and confirms the consent that the Administrator under no circumstances does not bear responsibility for any direct and/or indirect losses, including a lost profit, loss of reputation, loss of data and other non-material and material values during the using or impossibility of use of Application.
In addition, the Administration does not bear responsibility for impossibility of use by the User of the application and his Service in cases of force majeure. Such circumstances are among: wars, military operations, mutinies, sabotage, strikes, fires, explosions, floods or other natural disasters, edition of regulations of prohibitive nature by National Governments or local government bodies. In some cases according to the decision of Administration the term of use of paid Services of Application but can be extended for the term which is not exceeding the term during which the User had no access to Service.
The administration does not bear responsibility for the adverse effects caused by Application use, which have been a consequence of actions of the User or the third parties, and other circumstances that are not depending on Administration.
The user of the website undertakes not to make to Administration of the website a claim concerning these expenses, losses and other damage. The arrived claims are subject to a deviation.
The user understands and agrees that he independently bears complete individual responsibility for all possible consequences, which can result from receipt of access to Application, Service, reproduction, readdress, distribution by the User by means of Service of information.
In case of presentation to Administration of the claims connected with violation of the current legislation because of the User, violation of the third party rights including in connection with provision by the User for benefit of the Company of personal information of the third parties, the User undertakes to resolve them independently and at own expense, without attracting to it Administration. In case of impossibility of independent permission of claims, the User undertakes to pay Administrations all damages caused by such violation, absence at the User of the corresponding amount of the rights to provided information. At the same time the Administration has the right to require as regress of payment of all sums of money paid by it in connection with claims of the third parties, including concerning use of information obtained from the User within provision of Services, and also the sums of money spent by the Company for consideration of such claims (including judicially).
This agreement is regulated and interpreted in accordance with the legislation of international law . The questions, which are not settled by this agreement, are subject to permission in accordance with the legislation of the Law. Everywhere in the text of this agreement, unless expressly set forth to the contrary, the term "legislation" is understood as the legislation of the Law.
Failure to act from Administration in case of violation by the User or provisions of Agreements does not deprive Administration of the right to take the corresponding actions in protection of the interests later, and does not mean refusal of Administration of the rights in case of making in subsequent similar or similar violations.
All possible disputes following from the relations regulated by this agreement. If for any reason one or several provisions of this agreement are acknowledged invalid or not having legal force, it does not exert impact on reality or applicability of other provisions of the Agreement.
In case of origin between the User and Administration of any disputes and disagreements connected with use of Application, the Parties will use the best efforts for their permission by negotiations. If disputes cannot be resolved by negotiations, then they are resolved in the order established by the current legislation of the Law.
All agreement disputes or in connection with it are subject to consideration in court according to the current legislation of the Law with observance of rules about jurisdiction and cognizance.