Effective: 1 June 2017 | Last modified: 30 May 2017
I. General Provisions
1. Use of the Products and Services
MedAngel provides Products and Services to help patients and professionals to monitor medications’ temperature. MedAngel cannot guarantee the potency or safety of your medications or be responsible for any health problems that may arise while or in connection with the use of our Products or Services. We encourage you to consult with your healthcare provider before commencing the Products and Services and use as recommended by your healthcare provider. MedAngel may use third parties, in whole or in part, to provide Products and Services. Please note, not all Products are available in all jurisdictions. Please see the applicable Product and Services description to see which Products and Services are available in your country. The Products and Services may be updated or discontinued from time to time.
You will receive a user account for our personal use that requires an email and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the Products and Services, and notify MedAngel promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Products and Services.
The term of this Agreement will begin upon your successful registration and the activation of the Products and Services by MedAngel and will continue until you cease using the Product or Service unless a term is otherwise set forth in the registration. For those Product or Services subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.
(I) MedAngel reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the Products and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that MedAngel determines in its discretion may have an adverse effect on MedAngel or its reputation.
(II) You may terminate this Agreement for convenience upon written notice to MedAngel or its vendor or through the applicable cancellation process. MedAngel may terminate for convenience upon sixty (60) days written notice. Upon termination for convenience, MedAngel will refund any unused, pre-paid fees for the portion of the remaining Term, if applicable, using the same means of payment as you used for the original transaction unless you expressly agreed otherwise. You shall be responsible for any transaction fees associated with such refund.
(III) Upon termination, you will no longer have access to the Products and Services provided through the Products and Services. In addition to termination, MedAngel reserves the right to pursue any and all remedies available to it.
Products and Services fees for the Term will be paid in advance due upon registration and renewal, as applicable or upon scheduling certain Services. Where the transaction takes place via an online store such as iTunes or Google Play, such store sends the client a receipt which lists the product, the price and MedAngel as seller. In this instance, the purchase and payment process shall take place via the client‘s online store account. The online store’s GCU, over which MedAngel has no influence, apply. You acknowledge that access to the Products and Services many be suspended until payment is received in full. Unless otherwise stated, all Products and Services Fees are inclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Products and Services, excluding any taxes based on MedAngel’s net income.
6. Intellectual Property
Except for the limited license and use rights expressly granted to you under this Agreement, all title to and the rights in the Products and Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, MedAngel’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of MedAngel and/or the applicable third party.
8. Non-Confidential Information
The information presented on or through the Products and Services is solely for informational and educational purposes. We make reasonable efforts to maintain current information but we cannot guarantee that the content is complete or up-to-date.
We also allow users to post content through Facebook, Twitter and other forms of social media. Please be aware that any content you post will be publicly available and will not be considered confidential information. MedAngel reserves the right to delete user content in its sole discretion.
Trademarks, Products and Services marks, graphics and logos used in connection with the Products and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Products and Services are owned by MedAngel, its service providers or other third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Products and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the Products and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of MedAngel or the applicable owner.
11. Disclaimer and Limitation of Liability
The Products and Services are provided on an “as is” basis and use of the Products and Services is at your sole risk. The company, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, third party content or that the product or services will be error-free or uninterrupted. No oral advice or written information given by the company its officers, directors, employees, agents, contractors, or third-party service providers will create a warranty.
Except where prohibited by law or public policy, in no event will the company, its officers, directors, employees, agents, contractors, or third-party service providers be liable for any (1) any amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the Products and Services, including but not limited to reliance by you on any information obtained from the Products and Services, regardless of the form of action.
You agree to defend, indemnify, and hold MedAngel, its officers, directors, partners, employees, contractors, agents, licensors, suppliers and third party service vendors, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the Products and Services and third party medical devices.
You agree (1) that all matters relating to access to or use of the Products and Services, including all disputes, will be governed by the laws of the Netherlands.
The parties acknowledge that they have agreed that this agreement and all related documents be drawn up in the English language.
II. Product and Service Specific Provisions
During the term of this Agreement, MedAngel grants you a non-exclusive, non-transferable, non-sublicensible, revocable and limited right to access and use the Products and Services and any documentation made available to you by MedAngel solely for purposes of your personal use of the Products and Services in accordance with the terms of this Agreement.
The Products and Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Products and Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Products and Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Products and Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the Products and Services are granted to you, and all such licenses and rights are hereby expressly reserved.