AC WELLNESS NETWORK LLC
AC WELLNESS FOR iOS SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE AC WELLNESS SOFTWARE. BY USING THE AC WELLNESS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
AC Wellness Network LLC is licensing the AC Wellness for iOS Software (also referred to herein as “AC Wellness Software”) to you for your use as a patient of AC Wellness (“Medical Group”). The AC Wellness Software is provided AS-IS and AC Wellness Network LLC does not guarantee that the AC Wellness Software will function properly at all times.
IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE DIAL 911.
A. The AC Wellness software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the "AC Wellness Software") are licensed, not sold, to you by AC Wellness Network LLC ("AC Wellness"), a subsidiary of Apple Inc. (“Apple”), for use only under the terms of this License. AC Wellness and/or AC Wellness’s licensors retain ownership of the AC Wellness Software itself and reserve all rights not expressly granted to you.
B. AC Wellness, at its discretion, may make available future upgrades or updates to the AC Wellness Software for your compatible Apple-branded iOS device. The AC Wellness Software upgrades and updates, if any, may not necessarily include all existing software features or new features that AC Wellness releases for newer or other models of iOS devices. The terms of this License will govern any software upgrades or updates provided by AC Wellness to the original AC Wellness Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
2. Permitted License Uses and Restrictions.
A. License. Subject to the terms and conditions of this License and as permitted in the “Services and Content Usage Rules” set forth in the Apple Media Services Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license to install and use the AC Wellness Software on any compatible Apple-branded iOS device that you own or control. You may not distribute or make the AC Wellness Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the AC Wellness Software.
B. System Requirements. AC Wellness Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by AC Wellness.
D. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the AC Wellness Software or any services provided by the AC Wellness Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the AC Wellness Software).
E. Compliance with Laws. You agree to use the AC Wellness Software, the Telehealth Services (described in Section 4 below) and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the AC Wellness Software and Services.
F. Third Party Software. AC Wellness may provide access to certain third party software or services as a convenience. To the extent that the AC Wellness Software contains or provides access to any third party software or services, AC Wellness has no express or implied obligation to provide any technical or other support for such third party software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.
G. Automatic Updates. If you choose to allow automatic app updates, your device will periodically check with Apple for updates and upgrades to the AC Wellness Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.
4. Telehealth Services
In exchange for your use of the AC Wellness Software to receive medical treatment, you acknowledge and agree to the following terms and conditions:
A. Minors: (i.e., the patient is under the age of 18): Minor patients are not entitled to use the AC Wellness Software’s chat function. Please call the Apple Wellness Center to connect directly to your care team or to schedule an in-person visit with your care team.
B. For all Users: You understand that you are under no obligation to use the AC Wellness Software to obtain medical care and you can request an in-person consult. You understand that use of the AC Wellness Software has risks associated with it, such as: (a) information that you transmit through the AC Wellness Software may be insufficient to allow for appropriate medical decision-making by the Medical Group provider (e.g., poor resolution of transmitted images); (b) failures of equipment (e.g., servers, devices) or infrastructure (e.g., communications lines, power supply) may cause delays in medical evaluation and treatment, or loss of information; and (c) unauthorized access to your medical information. You acknowledge that, although Medical Group and AC Wellness strive to prevent unauthorized access to information about you through encryption of information transmitted by the AC Wellness Software and other security measures, Medical Group and AC Wellness cannot guarantee that your use of the AC Wellness Software and the information will be private or secure, and you consent to this risk. You understand and consent to the risks associated with your use of the AC Wellness Software. You acknowledge and agree that you are solely responsible for ensuring that the information submitted by you through the AC Wellness Software is accurate, complete and current. You understand that the Medical Group provider will rely on this information to diagnose and prepare a treatment plan for your medical condition and your failure to provide accurate, complete and current information may lead to a delay in your treatment or a misdiagnosis.
C. Limited Use. You represent and acknowledge that: (i) you may use the AC Wellness Software only as set forth in this Section, and (ii) you may not provide access to the AC Wellness Software to any other person.
5. Services and Third Party Materials
A. General. The AC Wellness Software may enable access to AC Wellness and third party services and web sites (collectively and individually, "Services"). Use of these Services requires Internet access and use of certain Services may require your Apple Wellness Center credentials, may require you to accept additional terms and may be subject to additional fees.
B. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that AC Wellness shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
C. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that AC Wellness is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither Apple nor AC Wellness, their respective officers, affiliates and subsidiaries warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
D. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by AC Wellness, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party, Apple or AC Wellness. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that AC Wellness is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
E. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the AC Wellness Software are not available in all languages or in all countries or regions. AC Wellness makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. AC Wellness and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will AC Wellness be liable for the removal of or disabling of access to any such Services. AC Wellness may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from AC Wellness if (i) your Apple Wellness Center credentials are no longer valid, or (ii) you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the AC Wellness Software and destroy all copies, full or partial, of the AC Wellness Software. Sections 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this License shall survive any such termination.
7. Disclaimer of Warranties.
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE AC WELLNESS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE AC WELLNESS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AC WELLNESS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AC WELLNESS AND AC WELLNESS'S LICENSORS (COLLECTIVELY REFERRED TO AS "AC WELLNESS" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AC WELLNESS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
C. AC WELLNESS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AC WELLNESS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AC WELLNESS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AC WELLNESS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE AC WELLNESS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE AC WELLNESS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS AC WELLNESS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.
D. YOU FURTHER ACKNOWLEDGE THAT THE AC WELLNESS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE AC WELLNESS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AC WELLNESS OR AN AC WELLNESS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AC WELLNESS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL AC WELLNESS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AC WELLNESS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE AC WELLNESS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AC WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AC Wellness's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control. You may not use or otherwise export or re-export the AC Wellness Software except as authorized by United States law and the laws of the jurisdiction(s) in which the AC Wellness Software was obtained. In particular, but without limitation, the AC Wellness Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the AC Wellness Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the AC Wellness Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and AC Wellness relating to the AC Wellness Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by AC Wellness. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.