DOCANDU App – End User License Agreement
This mobile phone application has been developed and is operated by Docandu Ltd, a company incorporated as private limited by shares, seated in the United Kingdom (hereinafter referred to as “Docandu”).
This End User License (“License”) is a legally binding agreement between the user of the application (the “User”) and Docandu, under which Docandu grants the User the ability to use the Docandu health application in an Android and/or iOS environment (the “Application”). The use of the Application is subject to the terms and conditions of this License, which includes uploading, accessing, browsing and using the Application.
BY CLICKING ON “ACCEPT” BEFORE INSTALLING AND LAUNCHING THE APPLICATION, THE USER SOLEMNLY DECLARES THAT HE IS OVER 18 YEARS OF AGE AND HAS FULL CAPACITY TO UNDERSTAND THE TERMS OF THIS LICENSE AND TO MAKE USE OF THE APPLICATION, HIS ACT OF ACCEPTANCE BEING CONSIDERED AS AN ELECTRONIC SIGNATURE.
Although this Application has been developed to work in the smartphone environment of the Android (Google) and iOS (Apple) operating systems, it may not be fully compatible with all versions of such operating systems. Please check compatibility with your operating system before downloading and installing the Application. This Application is compatible with Bluetooth.
1. License. You can download the application software and related Docandu help documentation and install them on one or more mobile devices for use in conjunction with a range of smart biometric data capture devices (“Smart Devices”), including any tools, help documents and updates (collectively, the “Application”). The Application is licensed and not sold by Docandu. It is provided for use explicitly under the terms of this License and Docandu retains all rights not expressly assigned to the User. Docandu retains ownership of all rights, titles, royalties and interests in and for the purpose of the Application.
2. Authorized use and restrictions. Docandu grants you a non-exclusive right to use a single instance of the Docandu Application and all related help documents on a single mobile device. You may not distribute, rent or lease or otherwise transfer all or any part of the Application or help documents to any third party without the prior written consent of Docandu. You may not sublicense, distribute publicize, assign or transfer otherwise, or dispose of all, or any part of the rights assigned to you by Docandu under this Agreement, without a prior written consent of Docandu. If the Application is an update, any permitted use hereunder must include the update and all previous versions. You may not modify, adapt or translate the Application or the accompanying help documents. You may not alter or remove any copyright notices and other proprietary notices that appear on or within the Application or the accompanying help documents. It is not allowed to you and you will not allow a third party or assign to a third party to reverse engineer, decompile, disassemble or translate the Application.
3. Term of the License. If you fail to comply with any of the terms of this License, the License shall terminate with immediate effect and you agree that this constitutes a direct, irreparable damage to Docandu and its licensors, for whom monetary compensation would be an inadequate remedy, and that Docandu shall be entitled to a just and equitable compensation. Otherwise, the License will continue until the date you cease to use the Application, unless terminated earlier. Immediately after the termination of this Agreement, you, at your own responsibility and expense, must delete or destroy the entire Application immediately.
4. Improvements and updates. At times and at its sole discretion, Docandu may provide improvements, updates, or new versions of the Application to its then applicable terms and conditions. This License will apply to such enhancements and updates. This License shall be valid for the said improvements and updates.
5. Access to this Application. Although Docandu undertakes all reasonable measures to ensure the continuous and uninterrupted functioning of the Application, we do not warrant that this Application or any content therein shall be always available or uninterrupted and access to this Application is permitted on a temporary basis. We may suspend, revoke, interrupt or change all or any part of this Application without notice. We will not be liable to you if, for whatever reason, this Application is not available at any time or for any period. We will not be liable to you if, for whatever reason, this Application is not available at any time or for any period. You are responsible for making all necessary arrangements necessary to access this Application and you understand that there are inherent risks to software, hardware and internet connection that may cause interruptions or errors in the data being transmitted or displayed during the use of the Application, irrespective of the measures taken to limit or avoid such incidents. You are also responsible to ensure that all persons having access to this Application through your Internet connection are aware of and comply with this License and other applicable terms.
6. Creating an Account. As a User of the Application you are required to sign up and create an account to save the data you download through the Application. Your data will be stored in cloud computing and not exclusively on your mobile device. Data relating to the user ID, password, or any other information as part of our security procedures should be processed by the User as confidential. You should therefore not make them further available to any third party. The provision of services is subject to your agreement and in compliance with the terms of this License. You may only create one account per User and Docandu reserves the right to limit the number of devices associated with an account. You agree that satisfying these requirements falls under your responsibility and that you shall be responsible for entering and operating any Internet connections (charges may apply), supplies and computer hardware necessary to receive, access and use the services. You agree to use the services only as expressly stated herein. Docandu, as well as its affiliates and suppliers, hold all rights, titles and royalties in and for the purpose of the services. After signing up, you agree that the data you transmit using the Application is specifically related to you in person. You acknowledge and agree that the Application is designed and intended for personal use on an individual basis and you should not share your account and/or password with any other third party. If another person wishes to use the Application, that person should receive the Application directly on his device and agree separately and individually with the License and the terms herein. You are solely responsible for maintaining the confidentiality and security of your account and for all activities occurring on or through it. We may disable any user ID or password at any time if, at our reasonable discretion, you have not complied with any of the provisions of this License. Docandu is not held responsible for any losses resulting from or in connection with unauthorized use of your account. If you are aware of, or suspect that anyone other than you knows your ID or password, you must notify us at firstname.lastname@example.org promptly.
7. Use Restrictions. You agree to use the Application only for purposes permitted by this License, and only to the extent permitted by applicable law, regulations or generally accepted practice in the applicable jurisdiction. If your use of the Application or any other behaviour of yours deliberately or unintentionally threatens the ability of the Application to run smoothly and in an unobstructed manner, we may take all reasonable steps to protect the Application, which may include your suspension of access to the Application. Nothing contained in this License should be construed as transferring any interest, title or license to an Application account or similar resource used by you in connection with the Service. You agree that you will not reproduce, copy, reprint, sell, rent or market the Application (or any part thereof) for any purpose.
8. Use of Data. You retain the ownership of all personal data downloaded through the Application and stored in cloud computing and you are responsible for the content and accuracy of the data you provide to Docandu and for not violating any third party rights which may be included in these data. By using the Application, you grant to Docandu a worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, adapt, translate, access and maintain such data related with the Application, with the purpose of enabling the provision of services provided therewith. The user provides his consent to Docandu to store these data and use them for the purposes listed in the “Use of Data” clause.
9. Storing of Data. You agree not to use your account for:
(a) uploading, receiving, sending via e-mail, transmitting, saving or otherwise making available any information that is illegal, harmful, damaging, violating someone else’s privacy, or otherwise inadmissible; (b) pretending to be someone else or to giving a misleading impression of who you are, your age or sending data from someone else’s devices or harming someone else, or otherwise providing a misleading picture relevant to your relation with someone else, including minors (Docandu reserves the right to refuse or block any device or email address that could be considered as an impersonation or a misleading image of your identity, or misuse of the name or identity of someone else);
(c) uploading, receiving, emailing, transmitting, saving or otherwise making any data or other information available to any person under the age of 18;
(d) engaging in any copyright infringement or other intellectual property breach (including the downloading of any content for which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment or preservation agreement confidentiality;
(e) posting, transmitting, or otherwise making available any unauthorized e-mails, spam or chain letters, including, but not limited to, bulk commercial, promotional and informational announcements;
(f) uploading, posting, emailing, transmitting, saving or otherwise making available any material containing viruses or any other computing code, files or programs designed to harm, interfere with, or restrict the normal operation of the Application (or any part thereof), or any other software or computer hardware;
(g) intervening in or interrupting the Application (including access to the Application via any automated means such as scripts or web-crawlers) or any servers or networks associated with the Application; or (including any unauthorized access to, use or tracking of data or traffic of such data), and/or
(h) collecting and storing personal information about other Application Users for use in connection with any of the above-mentioned prohibited activities.
10. Intellectual Property. All data, documents, images and content published in this Application are the exclusive property of Docandu. You must not use any of the Application’s content for commercial purposes unless you have been authorized to do so by us or our licensors. Any license to use the above is granted provided that the relevant copyright notice and exclusive trademarks appear on all copies, that such data are used for personal purposes only, that they shall not be commercially exploited, that the information shall not be modified in any way and that all images acquired by the Application are only used in conjunction with the accompanying text. Docandu is the licensor or the franchisor of all intellectual property rights in this Application and the material posted to it, unless otherwise noted or otherwise perceived as third parties’ rights. These works are protected by copyright laws and treaties all over the world and any unauthorized use of these works is expressly prohibited. Without any prejudice to any legitimate right of Docandu.
11. Security copies. Docandu assumes no responsibility for maintaining / saving or backing up any information or data you produce using the Application. You are solely responsible for keeping, maintaining, saving and backing up (electronically and / or printed copies) any data you wish to retain for future or other use. In the case of access and disclosure of your personal health data to your physician through the Application, this information is encrypted and Docandu has no access to that information. If you choose to terminate your account, it may take us up to ten (10) days to delete your account, delete the information, render it anonymous or not leading to you. Unless otherwise required by law, you agree that your account is non- transferable. Upon receipt of a copy of a Docandu User’s Death Certificate, your account is deleted and all data contained in it is destroyed.
12. Non-dependence on information. Docandu collects general health information, according to our knowledge and belief, with professional diligence and awareness of the nature of the services hereby provided. We make every reasonable effort to expand and update this range of information on an ongoing basis. Information about this Application is for the sole purpose of Docandu’s public image, its products and services as well as for general information. They are not meant to be advices you can rely on. You should receive professional advice or expert advice before taking any decision and avoid any action based on the content in this Application. Docandu makes no representations and offers no guarantee (express or implied) that the content in this Application is accurate, complete or up-to-date. We, therefore, encourage you to check any information you receive from this Application before using it in any form. The information provided in this Application does not relieve you of the responsibility to carry out your own inquiries – especially of the safety data manuals and technical specifications – on our services too, with regard to their suitability for the intended purposes and processes. In case you need any advice or instructions regarding our products or services, please contact us directly. As Users of this Application, you declare that you agree to access the Application and its content at your sole discretion.
14. No medical advice. THE APPLICATION IS INTENDED ONLY FOR INFORMATION PURPOSES. THE APPLICATION IS NOT A SUBSTITUTE TO PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, THERAPY OR EMERGENCY INTERVENTION OR TRANSMISSION OF TIME-CRITICAL DATA. USERS SHOULD ALWAYS REQUIRE THE CONSULTATION OF THEIR TREATING HEALTH CARE PROFESSIONALS FOR ANY QUESTIONS CONCERNING THEIR MEDICAL CONDITION. YOU AGREE THAT THE APPLICATION MUST NOT BE USED FOR MEDICAL DECISION MAKING. USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY THEIR INQUIRY PURSUANT TO INFORMATION PROVIDED THROUGH THE APPLICATION. YOU AGREE AND ACCEPT ANY ADVICE AND INSTRUCTIONS THAT YOU RECEIVE FROM THE DOCANDU DOCTOR VIA THE ONLINE MEDICAL CONSULTATION IT IS A NOT MEDICAL DIAGNOSIS. IT IS ONLY BASED ON INFORMATION PROVIDED BY YOU WITHOUT YOUR PRIOR CLINICAL EXAMINATION AND RELATED MEDICAL EXAMS. FOR THIS REASON, WITHOUT PRESENTING ANY RELEVANT CLAIM AGAINST DOCANDU DOCTORS, RECOGNIZING THAT THE DOCTORS DON’T HAVE ANY LIABILITY RESULTING FROM THE MEDICAL CONSULTATION.
The User must follow his treating health care professional as the Application is designed to help Users better manage their health status by their own means and resources.
AS A USER YOU ASSUME COMPLETE RESPONSIBILITY FOR THE USE OF THE APPLICATION AND FOR ALL DECISIONS BASED ON ANY INFORMATION PROVIDED OR APPEAR IN THE APPLICATION. THE USE OF THE APPLICATION IS EXCLUSIVELY UPON YOUR OWN RISK. NEITHER DOCANDU, NOR ANY OF ITS AFFILIATES OR LICENSORS THEREOF, IS RESPONSIBLE OR BEAR LEGAL LIABILITY FOR ANY DIAGNOSIS, DECISION OR ASSESSMENT MADE BY A USER OR FOR ANY INJURY WHICH MAY BE SUFFERED BY A USER AS A RESULT OF ANY DECISION TAKEN UNDER INFORMATION PROVIDED UNDER OR APPEAR IN THE APPLICATION, OR OTHER CONTENT AND DOCUMENTS OF THE APPLICATION.
15. Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF APPLICATION IS PERFORMED BY YOUR SOLE RISK AND THAT YOU RESUME THE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. THE INSTALLATION OF THE APPLICATION MAY AFFECT THE USE OF THIRD PARTY APPLICATIONS. THE APPLICATION IS PROVIDED AS IS, AND THE SERVICE AS AVAILABLE, WITH ALL ERRORS AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FALSE DECLARATION. DOCANDU, ITS AFFILIATED COMPANIES, ITS SUPPLIERS, LICENSORS AND AGENTS DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY THAT MAY APPLY FOR THIS APPLICATION OR ANY INFORMATION DISPLAYED OR CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, FUNCTIONALITY, ERROR AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
16. Limited Liability. Nothing in this License excludes or limits our liability for death or personal injury resulting from our negligence or fraud or false declaration or any other liability that cannot be excluded or limited by law. Except as otherwise permitted under applicable law, it is expressly stated that Docandu, its affiliates, directors, officers, employees, suppliers, licensees or their representatives will not in any way be liable for any loss or damage (including negligence), breach of statutory duty or otherwise, direct or indirect, foreseeable or unintended, whether ordinary or not, or consequential, arising out of or in connection with:
• use or inability to use this Application or
• use or trust in any content appearing in this Application,
except if the damage has been caused by Docandu on purpose or due to gross negligence.
This Application is intended only for home and private use. You agree not to use this Application for any commercial or professional purposes and we assume no liability to you for any loss of profit, loss of business, business stoppage, business opportunity or business information, and neither affiliates, suppliers, licensees or agents of Docandu can be legally liable for any incidental, exemplary, consequential, criminal, special or indirect damages of any kind.
Affiliated companies, suppliers, licensees or representatives of Docandu will not be held responsible for any loss or damage caused by a virus, a distributed denial-of- service attack or other technologically harmful material that may infect your mobile device, your tablet computer, or other computer equipment, computer programs, data, or other proprietary material caused by the use of this Application or the downloading by you of any content in it or by any website linked to it, nor any act or event beyond our reasonable control, including the failure of telecommunications networks, except in case of gross negligence or Docandu’s willful misconduct.
SUBJECT TO ANY DAMAGES YOU MAY INCUR, THE ENTIRE LIABILITY OF DOCANDU, AFFILIATED COMPANIES, SUCCESSORS, LICENSEES, SUPPLIERS OR AGENTS, UNDER ANY PROVISION HEREIN AND YOUR EXCLUSIVE LEGAL REMEDIES, SHALL BE LIMITED TO THE REPAIR, OR, INCLUDING, BUT NOT LIMITED, THE REMEDY OF ANY DEFICIENCY OF THE APPLICATION, EVEN IF THIS DAMAGE WAS PREVENTED OR TAKEN INTO ACCOUNT BY THE PARTIES. NO REFERENCE TO THIS CLAIM EXCLUDES ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED OR WHICH IS MADE AVAILABLE TO ANY USER PURSUANT TO THE NATIONAL LAW OF THE USER’S RESPECTIVE COUNTRY.
17. Linked website access rights. Please note that you are required to protect your access rights from unauthorized use by third parties and that you must ensure that they cannot be used by others without your permission. You must immediately notify Docandu if you are informed that security has been breached with respect to any details available in the Application or if unauthorized persons have acquired your access rights or if you have identified any indications that such access might be possible.
18. Websites through third-party links. Docandu assumes no responsibility for the content of websites linked through this Application. These links should not be construed as endorsements by us for these linked sites and Docandu will not be liable for any loss or damage that may result from their use.
19. International users. Please be aware that the Application may not be available to users in some countries due to regulatory restrictions. If you try to download the Application or reside in a country where this application is not approved for use, you will not be able to download the Application. The provision of the services mentioned in this Application may vary, depending on the country in which use is attempted. Docandu makes no representations or guarantees (express or implied) that all services provided are provided in the same number or under the same conditions in different regions or countries, as these services may be subject to different regulatory compliance requirements. If you attempt to download or use this Application in a country or region, where it is not approved for use, you do so at your own risk and Docandu shall not accept any liability for such use.
20. Compensation. You agree to indemnify, defend and hold harmless Docandu, its affiliates and their respective officers, directors, employees and agents against any claims, legal liabilities, damages, costs and expenses (including attorneys’ and experts’ fees) arising out of any of them in respect of any breach of this License by you or other members of your close environment or organization or otherwise in connection with the use of the Application by you or them.
21. Trademarks. The distinctive name “Docandu” and any other trademarks used in connection with this Application are registered trademarks of Docandu. You agree not to display or use in any way such trademarks without the prior written permission of Docandu.
22. Amendments to this License. If we revise this License, you will be provided the opportunity to accept the new terms and conditions. If you agree, then the revised License will apply to the use of the Application by you, as the new terms and conditions are binding on you. We may update this Application from time to time and we may change its contents at any time. However, please note that any content in this Application may not be updated at any time and we have no obligation to update it. We do not warrant that this Application or any content in it will be free of errors or omissions.
23. General Terms. This License constitutes the entire agreement between you and Docandu regarding the Application and takes precedence over all previous proposals, negotiations, discussions and agreements between you and Docandu on the Application. Nothing contained in this License should be construed as creating a doctor-to-patient relationship, co-operation, factoring or employment relationship between you and Docandu. Upon termination of this License for any reason, Sections 8, 10, 12, 13, 15, 16, 20, 21 and 26 will survive with full force and effect. The waiver or omission of exercise in any respect of any of the rights provided in this License shall not be deemed a waiver of any further right under this License. If any provision of this License is ultimately ruled to be unlawful, void or unenforceable for any reason, then such provision shall be deemed to be separate from this License and shall not affect the validity and enforceability of the other provisions. This License is personal to the User and may not be transferred, assigned, sub-licensed or revised for any reason. Any translation of this License is made for local needs and in the event of a conflict between the English version and any non-English versions, the English version will prevail. We may transfer our rights and obligations under this License to another legal entity, which will not in any way affect your existing rights or our obligations under this License. Docandu is using a third application for the triage use in symptom checker namely Infermedica. Infermedica is marked as a CE class I medical device and has achieved ISO:13485 certification. The way that the symptom checker works is not relevant to the information provided at the end of the “diagnosis” the links have been provided only for the user’s information purposes – all this info has been checked and provided by our medical team.
24. Derma Care. The service is a dermatology consultation service with a treatment plan, if necessary, and a potential prescription provided, if necessary, by a trained and licensed dermatologist, altogether provided through electronic communication (the “Service”) to You. Subject to the dermatology consultation done through the Service, general information provided on the Site is not intended to constitute or replace advice, diagnosis, treatment or professional medical care. You may at any time obtain the opinion of Your doctor or of any other qualified health care practitioner, duly licensed and authorized to practice medicine or general health care under the applicable laws of laws of Your province or territory regarding the information available on the Site and on any medical problem which from Your perspective, could affect You or a third-party. You must never disregard professional medical advice or delay in seeking it because of something on the Site. You must see Your doctor or any other qualified health care practitioner before undertaking any new treatment, diet or physical exercise. The information available on the Site is not exhaustive and does not cover all diseases, pain, physical disorders and treatment.
25. Taxes and duties. You will be responsible for payment of all taxes, duties or levies that may be levied now or in the future by any authority following acceptance of the terms contained herein regarding for the procurement, use or maintenance of the Application and / or any use of the Application, as well as with taxes, duties or charges relating to the connection and use of the Internet and if any of the above taxes, duties or contributions are paid at any time by Docandu, you will indemnify Docandu fully and at its request.
26. Assignment. Docandu may assign, transfer, revise or sub-assign any or all of its rights or transfer any or all of its obligations under this License without prior written consent if such assignment and / or an assignment is made to a company affiliated with Docandu, or to any special or universal successor of Docandu, through the purchase of part or all of its assets.
27. Applicable Law and Jurisdiction. This License, its subject matter and its configuration are governed by and construed in accordance with Greek law, without contravening the provisions of conflict of laws. This License is not governed by the United Nations Convention on the International Sale of Merchandise, the application of which is expressly excluded. The courts of Athens have exclusive jurisdiction in
any dispute that may arise as a result or in connection with this License.