Last revised July 2020

THESE TERMS AND CONDITIONS OF USE GOVERN THE USE OF ALL ONLINE AND OTHER PRODUCTS OF PRECISEMD (“COMPANY”), INCLUDING BUT NOT LIMITED TO WEBSITES, WEB APPLICATIONS, DESKTOP APPLICATION, MOBILE APPLICATIONS AND OTHER ASSETS OWNED AND CONTROLED BY COMPANY (“PLATFORM”), AND APPLIES TO ALL USERS OF ANY OF SAID ASSETS (“USER”). PLEASE READ THIS TERMS OF USE BEFORE USING THE PLATFORM.  BY ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  IF USER DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL OF ITS EXHIBITS, USER SHOULD NOT ACCESS OR USE THE PLATFORM.   PLEASE ALSO REVIEW THE COMPANY’S PRIVACY POLICY LOCATED AT HTTPS://PRECISEMD.COM/PRIVACY-POLICY WHICH CONTAINS A DESCRIPTION OF COMPANY’S PRIVACY PRACTICES AND POLICIES. IF YOU USE THE PLATFORM, YOU ARE ALSO ACCEPTING THE COMPANY’S PRIVACY POLICY.

1. Ownership. User acknowledges that company is the owner of the Platform, and all rights appurtenant thereto, including but not limited to copyrights, trademarks, service marks, and proprietary rights in the Platform.  The contents of the platform, including without limitation all files, documents, text, photographs, audio and video and any material made available through the platform may not be copied, distributed, modified, published or used except for purposes authorized or approved by company. Notwithstanding the foregoing, any material including but not limited to data, text, images or video, posted by the user to the platform will be owned and in the sole responsibility of the user.
2. Usage of Platform. User must agree to comply with all laws, medical or other board rules, or other rules and regulations applicable to user regarding the usage of and the data users posts to the platform. User should seek legal counsel regarding any legal and compliance issues and should not rely on the platform in determining if the platform usage by user comply with all relevant laws and regulations. User’s relationship with the users’ customers, patients, partners or any other entity whose data is in the platform will be owned solely by the user. Those entities will not have any relationship with company, including but not limited to physician-patient relationship. Company does not practice medicine, provides medical services or any other licensed profession and does not offer any medical services.
3. User Content. If user uploads any type of information or material to the platform, user agrees not to provide any content that is defamatory, unlawful, obscene, threatening, pornographic, harassing, fraudulent or harmful. User will not post any information or material that violates of infringes the privacy, intellectual rights or copyright of any person or entity. User agrees to defend, indemnify and hold company harmless from and against all third-party claims, damages and expenses against or incurred by company arising out of any content uploaded by user to platform.
4. Hosting, Data Storage And Access.  During the term of this Agreement, the Platform will be hosted on one or more servers provided (or otherwise made available) by company. The data stored in the platform may include User information, personal identifiable information of the patients and personal health information, demographic information, messaging going between the user, company or the patients or customers of users, scheduling data, medical test results, medical documents, audio and video recordings and medical notes taken inside the platform. The platform allows the patients and providers to send and receive any information using the Platform.  All data stored in the platform will reside in USA data center/s. It will be the sole responsibility for user to be responsible for the contents of the data and make sure the data and its use are legal and comply with all applicable laws and regulations.
5. License and Access. User is granted a non-exclusive, non-transferable license to access and make use of the platform when receiving platform access from company. If user entered a separate service agreement with company the terms and fees of the service agreement will apply as in addition to these terms of use. In any conflict between the service agreement and these terms of services, the service agreement Shall prevail. Unless a separate service agreement states otherwise, company can revoke the license, use and access of the platform from user without warning at company’s sole discretion.
6. Accuracy and Integrity of Information. Although company attempts to ensure the integrity and accuracy of the platform, is makes no representation, warranties of guarantees for the correctness or accuracy of the company platform. It is possible that the platform includes errors and inaccuracies. In the event that user finds an error or inaccuracy, user is asked to provide notify company so it can be corrected. Information on the website and platform can change without notice and company will have no responsibility or liability for information or content on the platform.
7. No provision of Advice or Service. User understands that Company provides platform to help with information services and/or processes. Company does not provide any medical advice, legal advice or any other professional or licensed advice.
8. Disclaimer of Warranties. Company does not warrant that access of the use of the platform will be uninterrupted or error-free or that defects in the platform will be corrected. The platform is provided “AS-IS”, with all faults and with no representation or warranties of any kinds. Users assumes total responsibility and risk for the use of the platform. Company does not warrant information uploaded or downloaded from the platform will be free of viruses, trojan horses or any other harmful objects.
9. Limited Liability. Company and any third party mentioned on this website and/or the platform are not responsible or liable for any direct, indirect, incidental, consequential, special or any other damages whatsoever arising out of or relating in any way to the platform, platform related services, company’s website or any content provided by company (including without limitations those resulting from lost profits, lost data or business interruption). User’s sole remedy for dissatisfaction with the platform is to stop using the platform. To the extent any aspect of the foregoing limitations of liability are not enforceable, the maximum liability of company to user in respect for the use of the platform is $750 (seven hundred and fifty dollars).
10. Indemnification. User shall indemnify, defend and hold harmless PCTECH, and its partners, officers, agents, employees and affiliates, from and against any and all claims, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees) of any nature whatsoever arising out of or related to (i) any wrongful acts or omissions by Customer or any of Customer’s Users arising under or related to this Agreement or any use of the Platform, or (ii) any breach of this Agreement by Customer.
11. Links to other sites. Company makes no representations whatsoever about any website that you may access through the platform. If user accesses any website using a link on platform, users agrees and understand that company has no control over the content of that website. Any link to a website from the platform does not mean that company endorses or accept any responsibility for the content of this website. User is encouraged to take precaution when accessing any website to be protected from viruses, worms, trojan horses and other such items.

12. Claims of Copyright infringement. If you believe this site or the platform contain your work that was copyrighted, please identify the work you believe you copyrighted and notify company on the copyright infringement and sent by mail to the company address on the website. The platform provided AS-IS, Company will not be liable for any direct, indirect or consequential damages incurred or suffered by user arising as a result of or related to the use of the Software, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages.
13. Electronic communications. User consent to receive electronic communications from company.
14. Revisions.These terms of service may be revised by company from time to time. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
15. Disputes.In the event of any disputes relating to the platform, company or these terms of use, User agrees to the resolution of this dispute in the state or federal courts in Los Angeles, CA.