LICENSED APPLICATION USER AGREEMENT AND DISCLAIMER
1. This “FYIDoc Application” is licensed, not sold, to you. It is referred to herein as the “App” or “APP”. Your access to and use of the App is subject to your acceptance of this User Agreement between you and the Application Provider, herein referred to as the Author. The Author reserves all rights in and to the App not expressly granted to you under this Agreement. This Agreement is also subject to your acknowledgement and acceptance of the End User Agreement with Apple/Android.
2. This agreement contains further provisions that limit the author’s liability to you. Please read these terms and conditions because accepting this agreement and/or accessing the app indicates your acceptance of these terms and conditions in their entirety. If you do not agree to be bound to each and every term and condition stated below in this agreement, please exit the app immediately, do not use the app or access the app. Please delete the app immediately.
3. You accessing the app, indicates you have read, understood, accepted, and have acknowledged all of the terms and conditions stated in this agreement, in addition to your agreement and acceptance of the end-user licensing agreement with Apple/Android. Furthermore, you agree that all of the disclaimers and provisions stated are reasonable and fair.
4. The Author’s failure to exercise or enforce any right or provision contained in this Agreement will not be deemed to be a waiver of their right or a provision.
a. Disclaimer of information: The App contains information regarding medical conditions, assessment, treatment, and medications. The information is not advice and should not be treated as such. The App is intended as a support tool for licensed medical professionals and medical students and is provided for information only. Since such standards and practices in medicine change as new data become available, you should always consult other sources, particularly with regards to the choice, prescription, dosing and monitoring of medications. It should not be used as the sole basis of informing or affecting the medical care of any patient and does not take into account any or all circumstances pertaining to the health of an individual patient and so will not contain all the information required to make decisions over the care of a patient. Your use of the App should not determine your decision making and it is the responsibility of all medical professionals to use their own independent clinical judgement to make decisions on the care appropriate to the specific nature of a patient’s health. The Authors will not be held responsible for the content held within this App.
b. No warranty: by accepting this agreement you explicitly acknowledge and agree that use of the licensed application is at your sole risk. The App, any information it contains, and any services provided by the licensed application are provided "as is" and ‘as available’, without warranty of any kind, and the author herein disclaims all warranties and conditions with respect to the App and any services provided, either explicit, implied, or statutory, including, but not limited to, satisfactory quality, of accuracy, of fitness for a particular purpose, the implied warranties and/or conditions of merchantability, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by the Author or their authorised representative shall create a warranty. Should the licensed application prove defective, you, as user, assume the whole cost of all necessary servicing, repair, or correction.
i. Although the information in the App has used referenced sources which may be used by the medical professional, and although this information has been cross-checked by multiple doctors for accuracy, while not limiting the generality of the above mentioned, the Author makes no warranty, representation or guarantee as to the content, accuracy, sequence or completeness of the information, that the information may be relied upon for any reason or that the information will be error-free.
ii. The Author makes no guarantee that the App would be deemed as fit for use or recommended by any or all individual NHS Health Trusts or Organisations and so you should ensure your employer does not advise against use of the App as decided by your local clinical governance processes or otherwise, before you access and use the App.
c. Limitation of liability: Aside of liability for personal injury or death arising from negligence, to the degree not forbidden by law, in no event will the Author be liable for any incidental, consequential, indirect, or special damages whatsoever, including, but not limited to, damages for loss of profits and/or data, any other commercial damages or losses, or interruptions to business resulting from or related to your use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the author has been advised of the possibility of such damages.
i. The Author reminds you that it is your responsibility and the responsibility of other medical professionals to make decisions on the care of a patient, that you should not consider the content of the Licensed Application as advice, that the content of the Licensed Application should not determine the specific management of a patient and that you should seek help from a more senior medical professional if you require advice on the care of a patient.
a. FYIDoc App does not currently collect or store any user data. If in future this changes users will be updated and asked to accept a new user agreement. Users will be able to opt-out of data collection. All data will be stored and managed according to UK law.
6. Reservation of Intellectual Property Rights. The Author reserves any and all intellectual property rights in the App. No warranty of non-infringement of third party rights.
7. Modification of Terms: At their sole discretion the Author may modify the terms and conditions of this Agreement in whole or in part for any reason, including withdrawal of use at any time without any notice, to you. The modified terms and conditions will then supersede these terms and conditions and become binding when published online at the website: https://www.fyidoc.co.uk or in an update of the App under the Disclaimer page.
8. Consent to Governing Law Jurisdiction: This Agreement and your use of the App shall be governed by English Law and that you agree to submit to the exclusive jurisdiction of the courts in England.
9. Invalidity: if any condition of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction then that condition shall be deemed ineffective in that jurisdiction, but will not affect the enforceability of the remaining conditions, terms or provisions. This App is intended for use only in the UK.
10. You hereby accept that this Agreement represents the entire understanding between you, the End User, and the Author, concerning your access to and use of the Licensed Application.