DTDHI – APPLICATION TERMS OF SERVICE


Effective Date: 10/1/2020


The creators of DTDHI (referred to here as “DTDHI,” “we,” “us,” or “our”) are offering this application as a service which connects end users with their health care providers who have been licensed to offer our Services to their patients.


These Terms of Use (the “Terms”) govern your use of the DTDHI application and its related contents and services (collectively, the "Services"). Please read these Terms and our corresponding Privacy Policy, which discusses how we collect, process, and disclose personal information through these Services.


PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE, WHICH REQUIRES YOU TO ARBITRATE MOST DISPUTES BETWEEN DTDHI AND YOU. IF YOU DO NOT AGREE TO THIS CLAUSE, DO NOT USE THE SERVICES.


  1. Acceptance of Terms

By using the Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and DTDHI. If there is a conflict between these Terms and any terms and conditions posted for any additional DTDHI services separate and apart from these Services, the latter terms and conditions will take precedence with respect to your use of those services.


  1. Modification

DTDHI reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification or otherwise provide you with notice of the modification. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you indicate that you agree to be bound by any modified Terms.


  1. How Our Services Work

The Services are designed to provide step-by-step, tailored care journeys for hospitals to guide patients throughout the preparation and recovery process.


  1. Account Registration

In order to access the Services, you must register for an account. To register manually, you must provide a username, your email address, your mailing address and other information specified in the registration form.

Your DTDHI Account will be created for your use of the Services based upon the information you provide to us. You represent and warrant:

  • the information you provide or connect to the Services is true, accurate, current, and complete;
  • you have been invited by your health care provider to use the Services; and
  • you will maintain and promptly update the information you provide to keep it at all times true, accurate, current, and complete.

You are solely responsible for maintaining the strict confidentiality of your account, and for any and all damages or losses that may be incurred or suffered as a result of any activities on your account. You agree not to allow another person to use your account to access the Services.

If a parent or guardian becomes aware that his or her child has provided us with information about their consent, he or she should contact us at privacy@daytoday.health so we can promptly delete that information


  1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Services. You further agree that you will not:

  • violate these Terms;
  • access or use our Services to use, expose, or allow to be used or exposed, any content that DTDHI does not make available through the Services, including any content licensed from a third party that is not already publicly displayed by DTDHI, that in any way is inconsistent with these Terms or our Privacy Policy, or that in any way that violates the privacy rights or any other rights of any users or third party;
  • use the Services in a manner that falsely implies DTDHI’ endorsement, partnership, or otherwise misleads others as to your affiliation with DTDHI;
  • interfere with or damage our Services;
  • use our Services to transmit any information concerning any other person or entity, including without limitation, photographs of others, without their permission;
  • register for more than one Account or register for an Account on behalf of an individual other than yourself without explicit consent;
  • impersonate any person or entity, submit information to the Services that are false or misleading, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
  • Copy, distribute, perform, or display any Services content.
  • Derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on the Services or any Services content.
  • Use the Services, or any Services content, in a way that is abusive, deceptive, or unlawful.
  • Re-identify Services content.
  • Reveal or attempt to reveal to anyone, for any reason, the identity of any user or any individual who is the subject of any Services content.


  1. Collection and Use of Data

As you use the Services, DTDHI will gather and use information about you for a variety of lawful purposes, including to provide, support and improve the Services, to integrate the Services with third-party service providers, and to create anonymized data that may be used for lawful business purposes. DTDHI’ collection and use of data through the Services is governed by, and described in more detail in our corresponding Privacy Policy. This includes permission for you to be contacted about suitable research opportunities, before considering whether you consent to take part in a specific study. By using the Services, you agree to be bound by the terms of our Privacy Policy.


  1. Intellectual Property

The Services are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Services, including all associated intellectual property rights, are the exclusive property of DTDHI and its licensors, and as such are used for identification purposes only. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.


  1. Copyright Policy

DTDHI respects copyright law and expects its users to do the same. In accordance with the following Act:

Digital Millennium Copyright Act (“DMCA”) of 1998

the text of which may be found in the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf

https://www.copyright.
gov/legislation/dmca.pdf

The Copyright Act, (Section 13 & 14) of 1957

DTDHI will respond expeditiously to claims of copyright infringement committed using the Diagnosis Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information:

  • the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
  • the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
  • your mailing address, telephone number, and, if available, email address;
  • a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  • your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us:

Copyright Agent
DTDHI


Upon receipt of the Notice as described below, DTDHI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.


  1. Feedback

We encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us or by filling out a form on our website. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback that allows us to use and exploit the Feedback for any purpose.


  1. Disclaimer
DO NOT USE OUR SERVICES IN THE EVENT OF A MEDICAL EMERGENCY. IN AN EMERGENCY, IF WITHIN THE FOLLOWING COUNTRIES:

UNITED STATES 🇺🇸

CALL 911

INDIA 🇮🇳

CALL 108

OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

DTDHI is an educational and virtual care tool, and is not intended to serve the following needs: for individualized diagnostic services, medical emergencies or urgent situations,  for use in hazardous circumstances or for uses requiring fail-safe performance; or in situations where failure could lead to death or personal injury (collectively, “Unauthorized Purposes”). You should not use the Services for such Unauthorized Purposes or under similar circumstances. In addition to being prohibited by these Terms, use of the Services for such Unauthorized Purposes may constitute a violation of laws applicable to the practice of medicine or other health profession(s). We do not, through the Services or any other available products or services, provide medical advice, nor do we provide medical prescriptions, treatments, or diagnostic services. Additionally, your use of the Services and any other information that we provide in connection with your use of the Services or any other DTDHI products or services does not establish a physician-patient relationship.


THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. DTDHI HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, OR GUARANTEE, WHETHER ORAL OR IN WRITING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DTDHI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY.


  1. Limitation of Liability

DTDHI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DTDHI (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES WITHIN THE LIMITATIONS SET OUT BY STATUTORY LAW. DTDHI AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH DTDHI. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DTDHI HAD BEEN ADVISED OF THE POSSIBILITY OF THEM AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. DTDHI DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF DTDHI WILL BE LIMITED TO, AT THE SOLE DISCRETION OF DTDHI, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICES RECEIVED BY DTDHI FROM YOU.


  1. Indemnity

You agree to defend, indemnify, and hold DTDHI and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.


  1. Term and Termination

These Terms are effective and binding on you when you begin using the Services, and will remain in effect for as long as you continue to use the Services or until they are amended or modified by DTDHI according to § 2, or terminated by DTDHI according to this section. DTDHI may immediately, without notice, terminate these Terms and disable your access to the Services if DTDHI, in its sole discretion, determines that (i) you have breached these Terms; (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during account registration; (iii) you have violated applicable laws, regulations or third party rights; or (iv) DTDHI believes in good faith that such action is reasonably necessary to protect the safety or property of other users, DTDHI, or third parties. DTDHI may, at any time, and for any reason or no reason whatsoever, choose to cease providing the Services.


  1. No Waiver; Severability

The failure of DTDHI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 DTDHI. 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.


  1. Governing Law

These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Massachusetts. Except where such claims are barred by the Binding Arbitration section below, any action based on, relating to, or alleging breach of these Terms must be brought in state or federal courts in Boston, Massachusetts. You agree to submit to the personal jurisdiction the state and federal courts for Massachusetts for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or patents.


  1. Dispute Resolution

Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by confidential binding arbitration administered by the American Arbitration Association (AAA) in Boston, Massachusetts, or another forum mutually agreed upon by you and DTDHI, pursuant to the Commercial Arbitration Rules of the AAA by a sole arbitrator nominated by agreement of you and DTDHI and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, DTDHI may select another arbitral body at its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude DTDHI from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents.


  1. Entire Agreement

These Terms constitute the entire agreement between you and the DTDHI regarding your use of the Services.


  1. Contact Us

If you have any questions about DTDHI or these Terms, you can contact us at privacy@daytoday.health