Project Rōnin – Mobile Application Terms of Service
Last modified: February 14, 2019
The following Terms of Service (these “Terms of Service”) are between you and The Ronin Project, Inc. (“Project Rōnin”) and constitute a legal agreement that governs your use of the Rō Patient Symptom Monitoring mobile app (the “App”) and any other content or services made available to you by Project Rōnin (collectively referred to as the “Services”).
The purpose of the App is to facilitate patient symptom reporting communication between you and your doctor and healthcare provider staff. To use the App and the Services, you must be a patient or member at a health organization collaborating with Project Rōnin. You are responsible for adhering to the terms and requirements imposed by your health organization.
The App and the Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico.
· download, install, and use the App for your personal, non-commercial use on mobile devices owned or otherwise controlled by you; and
· access and use on such mobile devices the Services made available in or accessible from the App.
Account Security and Integrity
Any PIN or other information (“Credentials”) you may select or which Project Rōnin provides to you as part of Project Rōnin’s security procedures is confidential. You must treat all such information as confidential and not disclose it to any other person or entity. Your account is personal to you and you agree not to provide another with access to any part of the Services using your Credentials. You agree to notify Project Rōnin immediately of any breach of security involving the unauthorized access to or use of your account Credentials.
License Restrictions and Prohibited Uses
In your use of the App and the Services, you shall not:
· Copy the App or any part of the Services, except as expressly permitted by these Terms of Service.
· Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or any part of the Services.
· Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any parts of the App or any part of the Services.
· Copy, extract, scrape, or reutilize any portions of the data provided as part of the Services or in the App, including survey questions.
· Remove, delete, alter, or obscure any trademark, copyright, or other intellectual property notices.
· Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any of the Services to any third party for any reason.
· Remove, disable, or circumvent any copy protection, rights management, or security features.
· Upload, post, email, or otherwise transmit any material:
o which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
o that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
o that infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; or
· Use the App or the Services to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
· Impersonate or attempt to impersonate Project Rōnin, its employees, another user of the Services, or any other person or entity (including using an e-mail address associated with the foregoing).
· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which Project Rōnin determines may harm Project Rōnin or other users or expose them to liability.
· Use the App or the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with another’s use of the Services.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or the Services, including servers, computers, or databases connected to the Services.
· Introduce any viruses, trojan horses, worms, or other material into the App or the Services which is malicious or technologically harmful, or otherwise interfere with the proper working of the Services.
· Use the App or the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Reservation of Rights
The Services, including the App, are provided under license to you, and are not sold. You have no ownership interest in the App or any of the Services. Project Rōnin retains and reserves all rights in the App and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, that are not expressly granted to you in these Terms of Service.
In addition, Project Rōnin expressly reserves the rights to do the following:
· Withdraw or amend the App or the Services, or any other service or material Project Rōnin provides at its sole discretion and without notice.
· Restrict your access to any part of the Services, whether or not you have a registered account.
· Disable your access to any part of the Services, including disabling or deleting a registered account, at any time and in Project Rōnin’s sole discretion, if in Project Rōnin’s opinion you have violated any provision of these Terms of Service.
Intellectual Property Rights
All intellectual property rights to the App and Services, including all copyright, trademark, and patent rights, as applicable, are owned by Project Rōnin unless otherwise attributed within the App.
Project Rōnin, Rō Patient Symptom Monitoring, the Project Rōnin logo, and all related names, logos, product and service names, designs and slogans are trademarks of Project Rōnin or its affiliates or licensors. You must not use such marks without the prior written permission of Project Rōnin.
Survey questions are derived from Patient-Reported Outcomes version of the Common Terminology Criteria for Adverse Events (PRO-CTCAE™), which was originally published by the National Cancer Institute.
All other names, logos, product and service names, designs and slogans that appear on the App on in the Services are the trademarks of their respective owners.
Project Rōnin can from time to time, and at Project Rōnin’s sole discretion, develop and provide updates to the App and the Services. Updates may include upgrades, bug fixes, patches, new features, or may modify or delete features and functionality. You agree that Project Rōnin has no obligation to provide any updates. Depending on the settings on the mobile device(s) you use to access the App, updates to the App may be automatically downloaded and installed on your mobile device(s), or you may receive notice of the update or a prompt to download and install the update. You shall promptly download and install any updates to the App. The App may not function or operate properly if you fail to download and install any updates. All updates to the App and the Services are subject to these Terms of Service.
Third Party Materials
The Services may display, include, or make available third party content or provide links to third party websites or services (“Third Party Material”). Project Rōnin is not responsible for Third Party Material. Project Rōnin does not assume any liability or responsibility to you or any other person or entity for Third Party Material. Third Party Material and links thereto are provided solely as a convenience to you. If you access and use them, you do so entirely at your own risk and subject to such third parties’ terms and conditions.
Changes to the Agreement
Project Rōnin reserves the right to make changes to these Terms of Service at any time in the future, and will post any revised version of these Terms of Service on this page. If you do not agree with such changes you should cease using the App and the Services. Continued use of our services following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Under certain circumstances (for example, if we significantly change the eligibility requirements to use the App or the Services), we may also elect to notify you of changes or updates to our Terms of Service by additional means, such as by sending you an in-app notification or an email.
Term and Termination
The term of these Terms of Service commences when you first install or use the App or use the Services and will remain effective until terminated by you or Project Rōnin. Project Rōnin may terminate its provision of the Services in their entirety or any parts thereof, temporarily or permanently, at Project Rōnin’s sole discretion and at any time. Upon such termination, all rights granted to you under these Terms of Service will terminate and you must cease all use of the Services and deleted all copies of the App from your mobile devices.
NO WARRANTIES/NO MEDICAL ADVICE
PROJECT RŌNIN MAY PROVIDE FEEDBACK THROUGH THE APP BASED ON YOUR SURVEY INPUT. YOU EXPRESSLY AGREE THAT PROJECT RŌNIN IS NOT PROVIDING MEDICAL ADVICE VIA THE APP OR THE SERVICES, AND IS NOT LIABLE FOR ANY STATEMENTS OR OMISSIONS. ALL CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY PROJECT RŌNIN OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PROJECT RŌNIN.
THE SERVICES AND ALL CONTENT PROVIDED TO YOU THROUGH THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROJECT RŌNIN AND ITS AFFILIATES, AND PROJECT RŌNIN’S AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, EXPRESSLY DISCLAIM ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PROJECT RŌNIN AND ITS AFFILIATES, AND PROJECT RŌNIN’S AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
Certain jurisdictions do not allow limitations on implied warranties, so some or all of the above disclaimers, exclusions, or limitations may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROJECT RŌNIN, INCLUDING ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND PROJECT RŌNIN’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS, WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGE, AND COSTS, EXPENSES, AND PAYMENTS, ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF CONTRACTUAL, TORT, OR OTHER LIABILITY, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PROJECT RŌNIN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain jurisdictions do not allow certain limitations on liability, so some or all of the above limitations may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Project Rōnin, its affiliates, licensors, and service providers, and Project Rōnin’s and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorney’s fees) of any kind, arising from or relating to your use or misuse of the App or the Services or your breach of these Terms of Service.
Additional Terms for App on Apple iOS Devices
The following additional terms and conditions apply solely with respect to the App that Project Rōnin provides to you designed for use on an Apple iOS-powered mobile device (the “iOS App”). These additional terms supplement and do not exclude or supersede any other provisions of these Terms of Service:
· These Terms of Service are between you and Project Rōnin only, and not with Apple, Inc. (“Apple”). Project Rōnin, and not Apple, is solely responsible for the iOS App and the content thereof.
· The license granted to you in these Terms of Service, as it relates to your use of the iOS App, is subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
· Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
· Project Rōnin has disclaimed all warranties. However, in the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App.
· Project Rōnin, not Apple, is responsible for addressing any claims of yours or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
· In the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party’s intellectual property rights, Project Rōnin, not Apple, will be solely responsible, to the extent required by these Terms of Service, for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
· You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
· Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Service, as they relate to your license of the iOS App. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
Governing Law and Jurisdiction
Waiver and Severability
If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Service shall remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you or we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to the Services must be commenced within one year after the cause of action accrues. Failure to do so will result in the cause of action or claim being permanently barred, and will constitute your complete and final waiving of the cause of action or claim.
Agreement to Arbitrate
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be San Mateo County, California.
The following provisions shall survive termination of these Terms: Intellectual Property Rights, No Warranties/No Medical Advice, Limitation on Liability, Indemnification, Governing Law and Jurisdiction, Waiver and Severability, Limitation on Time to File Claims, Agreement to Arbitrate, and Entire Agreement.
To ask questions or comment about these Terms of Service, the App, or the Services, contact Project Rōnin at firstname.lastname@example.org.
Please note that we are unable to answer any inquiries requesting medical advice. Such requests should be addressed to an appropriate, qualified health practitioner.