Effective Date: September 27, 2018
Thank you for your interest in being a Beta tester for Patientory!
As with any Beta test program, you will be asked to agree to several conditions before you begin testing the application.
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS (RATHER THAN JURY TRIALS OR CLASS ACTIONS) AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.
NOTE TO INTERNATIONAL USERS
By using the Beta Application you represent and warrant that your use complies with applicable law and regulation in your jurisdiction, including, but not limited to legal capacity and any other applicable legal requirements in your jurisdiction for using the Beta Application and agreeing to our terms.
You agree to provide prompt feedback to Patientory regarding the operation or use of the Beta Application when it is requested. This may include filing online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, or responding to written surveys that may be provided by Patientory. You acknowledge and agree that Patientory may use, disclose, reproduce, license, distribute and otherwise commercialize such feedback. You hereby grant to Patientory an exclusive license in your feedback, and the associated intellectual property rights to allow Patientory to carry out these rights. You additionally acknowledge and agree that your feedback contains confidential information of Patientory, and that disclosure of your feedback to any third party would cause significant and irreparable harm to Patientory, the extent of which may be difficult to ascertain. Accordingly, you agree that Patientory shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you disclose feedback to a third party in violation of these Terms.
USE OF THE BETA APPLICATION AND GRANT OF LICENSE
The Beta Application is intended for your personal, non-commercial use.
Patientory hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Beta Application. This license is provided solely for your personal, non-commercial use and enjoyment of the Beta Application as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Beta Application or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Patientory or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent required by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Beta Application: (a) use, display, mirror, or frame the Beta Application or any individual element within the Beta Application, including the layout and design of any page, without Patientory’s express written consent; (2) use Patientory’s name, any Patientory trademark or logo, or any Patientory proprietary information without Patientory’s express written consent; (3) access or tamper with non-public areas of the Beta Application, Patientory’s computer systems, or the technical delivery systems of Patientory’s Beta Application; (4) test the vulnerability of any Patientory system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Patientory or any other third party (including another user) to protect the Beta Application; or (6) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Patientory provides to you or any other part of the Beta Application.
INTELLECTUAL PROPERTY RIGHTS
The Beta Application and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Patientory, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Beta Application without our prior written consent. Patientory’s name, logo, and all related names, logos, product and service names, designs, and slogans (the “Patientory Trademarks”) are trademarks of Patientory or its affiliates or licensors. You must not use Patientory Trademarks without the prior written permission of Patientory. Any other names, logos, product and service names, designs, and slogans on the Beta Application are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on the Beta Application by or through your use of the Beta Application.
YOUR USE OF THE BETA TEST APPLICATION IS AT YOUR OWN RISK
You acknowledge and agree that: (a) the Beta Application is not complete in development and has not been commercially released by Patientory; (b) the Beta Application may not be fully functional, and it is expected that it will contain errors, design flaws or other problems, including problems that may adversely impact the operation of your device; (c) the Beta Application may not be reliable during the time you are participating as a tester; (d) the Beta Application and its use may result in unexpected results, loss of data, PTOY, DASH, or other tokens, or other unpredictable damage or loss to you; (e) Patientory is under no obligation to release a commercial version of the Beta Application; and (f) Patientory has the right to unilaterally abandon development of the Beta Application at any time and without any obligation or liability to you or any third party.
You acknowledge and agree that Patientory is not a health care provider, nor does it provide medical advice. Patientory does not provide medical services, medical exams, or medical assessments. THE BETA APPLICATION IS NOT INTENDED TO BE USED TO OBTAIN INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you believe your condition or situation is life-threatening, please call 911 or your emergency medical system immediately. Do not rely on the Beta Application or any electronic communications with health care providers through the Beta Application for assistance with urgent medical needs. We cannot guarantee response times if you choose to use the Beta Application in the event of a medical emergency.
We may offer digital tokens that may be (a) awarded to Beta Application users for certain activities, (b) exchanged for access to certain features on the Beta Application, or (c) purchased in accordance with the paragraph below titled “Token Purchases” (“Tokens”). We have no obligation to exchange Tokens for any other token or currency, including any digital currency or fiat currency. Tokens do not (1) grant you any ownership interest in Patientory or the Beta Application, and (2) do not entitle you to any type of distribution associated with Patientory or the Beta Application. YOU ACKNOWLEDGE THAT PURCHASING TOKENS INVOLVES SUBSTANTIAL RISK, INCLUDING THE POSSIBILITY OF COMPLETE LOSS OF ALL MONIES YOU PAY FOR THE TOKENS. YOU ASSUME ALL SUCH RISK.”
YOU FURTHER ACKNOWLEDGE THAT YOU HAVE PAID NO CONSIDERATION TO PATIENTORY FOR THE BETA APPLICATION HEREUNDER, AND THAT THE BETA APPLICATION IS BEING SUPPLIED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AT YOUR OWN RISK.” PATIENTORY MAKES NO WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE BETA APPLICATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The Beta Application may include information about and the ability to purchase Tokens through third party exchanges, as more fully described in the relevant Token Purchase Agreement with the applicable third party exchange, and other Token-related documentation (“Token Documentation”). Please carefully review all Token Documentation. Our rights to place conditions or restrictions on the Beta Application apply to any Token purchase you may seek to make. We may restrict the ability to purchase Tokens through the Beta Application at any time and for any reason permitted by applicable law. You acknowledge and agree that (a) we are not acting as your broker, intermediary, agent, or adviser, and we have no fiduciary duty to you; (b) no communication or information provided to you by us constitutes any type of advice; (c) you have relied on your own judgment or advisers in making any Token purchase or request to purchase. Patientory is aware that PTOY has been listed on certain cryptocurrency/token exchanges and in the future it may be delisted on these exchanges and/or listed on others. Patientory does not have any obligation with respect to the listing of PTOY on exchanges nor does it have any responsibility with respect to the value or trading of PTOY on exchanges. Any such trading is subject to the contractual terms you agree to with the exchanges and/or sellers, and does not constitute an agreement with Patientory, Inc. Persons trading PTOY or otherwise engaged in activities involving PTOY on exchanges assume any and all risk, including that of total loss, associated with such activities.
POSTING YOUR CONTENT ON THE BETA TEST APPLICATION
We may enable you to post, upload, store, share, send, or display your healthcare information and other content (“Your Content”) to and via the Beta Application. You retain all rights to Your Content and are responsible for Your Content. You represent and warrant that Your Content, the use and provision of Your Content on the Beta Application, and your use of the Beta Application will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (c) be fraudulent, false, misleading, or deceptive.
Storage of Your Content using the Patientory Beta Application relies on blockchain technology, whereby Patientory community members who are not affiliated with Patientory, Inc. are incentivized to provide and facilitate access to digital storage space. You acknowledge that when you upload certain content using the Beta Application, this information is encrypted and stored in part on third-party computers that are not owned or directly controlled by Patientory. As a result, Patientory does not have the ability to recover Your Content in the case that issues arise in the storage or transfer of this information from community members providing digital storage space for the Patientory Beta Application. ACCORDINGLY, YOU ACCEPT ALL RISKS, INCLUDING IRRETRIEVABLE LOSS OF YOUR CONTENT, RESULTING FROM YOUR USE OF THE BETA APPLICATION.
You further agree not to (a) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (b) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (c) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; or (d) use the Beta Application in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Beta Application, or which may expose us or our users to any harm or liability of any type.
CHANGES TO THE BETA APPLICATION
Patientory may change or discontinue, temporarily or permanently, any feature or component of the Beta Application at any time without notice. Patientory is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Beta Application. We reserve the right to determine the timing and content of any software updates, which may be automatically downloaded and installed by the Beta Application without prior notice to you.
OUR ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Beta Application, or Your Content or to review or edit any Your Content, but we have the right to do so for the purpose of operating the Beta Application, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Beta Application or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content, or your use of the Beta Application is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Beta Application, and in response may take any action we may deem appropriate.
We reserve the right to suspend or deactivate your account or your access to certain aspects of or the entire Beta Application, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting us using the information in the “How to Contact Us” section below. Once terminated, you will no longer be able to access the Beta Application.
You will indemnify, defend and hold harmless Patientory and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Beta Application, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
NEITHER PATIENTORY, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BETA APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE BETA APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATIENTORY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PATIENTORY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE BETA APPLICATION, INCLUDING THE STORAGE OR TRANSFER OF PTOY, DASH, OR OTHER TOKENS ON THE BETA APPLICATION, EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PATIENTORY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Patientory arising out of or relating to these Terms and the Beta Application (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
- Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflict of laws principles.
- Informal Dispute Resolution. We want to try to address your concerns before engaging in a formal legal dispute. Before filing a claim against Patientory, you agree to try to resolve the Dispute informally by contacting us using the contact information provided in the “How to Contact Us” section below. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Patientory may bring a formal proceeding.
- We Both Agree To Arbitrate. You and Patientory agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
- Arbitration Procedures. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Atlanta, Georgia, or any other location we agree to.
- Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Patientory will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Exceptions to Agreement to Arbitrate. Either you or Patientory may assert claims, if they qualify, in small claims court in Fulton County, Georgia. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Beta Application or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
- No Class Actions. You may only resolve Disputes with Patientory on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
- Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Patientory agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Georgia. Both you and Patientory consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
- Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Beta Application must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Patientory and you regarding the Beta Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Patientory and you regarding the Beta Application.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Patientory’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Patientory under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) through the Beta Application. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Patientory’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Patientory. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
CHANGES TO THESE TERMS
We reserve the right to modify these Terms. When we update these Terms, we will post a new Effective Date at the top. If we make material changes that would impact your use of the Beta Application, we will endeavor to notify you of the changes prior to the changes taking effect, such as by sending you a notice directly through the Beta Application, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.
HOW TO CONTACT US
Questions or comments about these Terms can be directed to:
Atlanta Tech Village
3423 Piedmont Rd NE
Atlanta, GA 30305