TERMS OF USE
Please read the following Terms of Use (“Terms”) carefully. These Terms will govern your use of DigiBiomarkers, LLC’s (“DigiBio”) web and/or mobile application (collectively, the “Application”). If you do not agree to be bound by these Terms, please promptly cease all use of the Application.
DigiBio reserves the right to change the Terms under which the Application offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Application. All changes to the Terms are effective from the date posted.
Registration for the Application
The Application is intended for use by healthcare professionals, specifically researchers and other research study administrators, and the patients participating in the research to collect data for the research study. In order to access and use the Application, the researchers and study administrators must set up a user account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, your job description and any other information requested by DigiBio. You will set your own password for accessing the Service and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and logging out of the Application when you are done using it. You agree to immediately notify DigiBio of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware.
The patients participating in the study will be given an eight (8) digit registration code and a four (4) digit passcode. The Application does not maintain any patient information like name, email or phone. The Application stores some kind of alpha numeric identification code for each patient in the Application.
Use of the Application
The Application may only be used for legal and appropriate uses. DigiBio reserves the right to make changes to the Application at any time and without notice. Your access to and use of the Application may be blocked, suspended, or terminated without prior notice at any time for any reason or no reason at all. Although the following list is not exhaustive, your access to the Application may be limited or revoked by DigiBio at any time for any violation of the following rules:
- You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws.
- You may not interfere or attempt to interfere with the Application or another person’s use of the Application by use of any program, script, command, device, software, routine, or otherwise.
- You may not attempt to gain unauthorized access to any portion or feature of the Application, or otherwise attempt to use the Application in a manner that exceeds the limits of the rights that DigiBio has granted herein.
- You may not copy, decompile, and/or reverse-engineer the Application (and/or any algorithms used in creating the Application) and/or create derivative works based upon the Application.
- You may not use the application to store or transmit protected health information, credit card numbers, financial account numbers, or other similarly sensitive personal information.
- You may not use the Application outside of the United States of America.
- You may not use the Application for the purpose of developing an application that is similar in nature or purpose to the Application.
- You may not engage in any activities that constitutes, in DigiBio’s sole discretion, an abuse of the Application.
You May Not Use the Application to Store or Disseminate Personal Information
License and Ownership
DigiBio grants you a limited, non-exclusive, non-transferable license to access and use the Application in the United States in connection with the performance of your healthcare administrative tasks. Any unauthorized use of the Application shall automatically terminate the license granted to you herein. Further, DigiBio reserves the right to revoke this license at any time and for any reason.
All rights in the Application not expressly granted herein shall be deemed as reserved for the exclusive use by DigiBio. You will not acquire any right, title or interest in or to the Application by reason of these Terms, except for the non-exclusive license to use the Application in accordance with these Terms.
Feedback and Results
You may be asked to provide ideas, suggestions, or feedback relating to your use of the Application (collectively, the “Feedback”), which may be used by DigiBio to improve the Application. In addition, DigiBio may track and aggregate information relating to your use of the Application (collectively, the “Results”). You agree that you shall not have any claim to compensation relating to DigiBio’s use of any the Feedback or Results, nor shall you claim any ownership rights in the Feedback or Results.
Links
The Application may contain links to third-party sites. The links are provided “as is.” DigiBio does not endorse, and DigiBio is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within the Application. DigiBio is not responsible for the privacy practices or the content of other sites. DigiBio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. DigiBio shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
WHILE DIGIBIO ENDEAVORS TO PROVIDE ACCURATE INFORMATION, DIGIBIO DOES NOT GUARANTEE THAT THE INFORMATION OBTAINED THROUGH THE APPLICATION IS ACCURATE, UP-TO-DATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. DIGIBIO ALSO ASSUMES NO RESPONSIBILITY FOR IF AND/OR HOW YOU USE THE INFORMATION AND MATERIALS THAT YOU OBTAIN VIA THE APPLICATION. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR ORGANIZATION MEETS ALL REGULATORY REQUIREMENTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGIBIO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. DIGIBIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NEITHER DIGIBIO, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “DIGIBIO ASSOCIATES”) SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF: (A) THE USE OF THE APPLICATION; (B) THE INABILITY TO GAIN ACCESS TO OR USE THE APPLICATION; (C) YOUR ORGANIZATION’S FAILURE TO MEET ANY REGULATORY REQUIREMENTS; AND/OR (D) DIGIBIO’S BREACH OF THESE TERMS. THE FOREGOING EXCLUSIONS FROM LIABILITY SHALL BE APPLICABLE EVEN IF DIGIBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED AND/OR MAINTAINED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT NO PROTECTED HEALTH INFORMATION OR OTHER SENSITIVE DATA IS TRANSMITTED VIA THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL DIGIBIO BE LIABLE FOR THE UNAUTHORIZED DISCLOSURE OF INFORMATION THAT IS TRANSMITTED BY YOU VIA THE APPLICATION.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH DIGIBIO IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless DigiBio and DigiBio Associates from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from any violation of these Terms by you.\
Privacy Policy
DigiBio respects and is committed to your privacy. Please review DigiBio’s Privacy Policy https://digibio.io/privacy-policy, which also governs your use of the Application, to understand DigiBio’s practices.
Miscellaneous
The laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion County, Indiana for any action arising out of these Terms. DigiBio shall be entitled to payment from you for any and all out-of-pocket costs, including, without limitation, attorneys' fees, incurred by DigiBio in connection with enforcing these Terms.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of DigiBio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
DigiBio shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional terms and conditions as posted via the Application, represent the entire understanding between you and DigiBio regarding the Application. These Terms supersede all previous written or oral agreements between you and DigiBio with respect to such subject matter. Notwithstanding any provision of these Terms, DigiBio has available all remedies at law or equity to enforce these Terms.
