using a computer program
Mobile application Doctor Online for IOS and Android platforms ” and the computer program” Doctor Online “(” Doctor Online “)
- USER’S AGREEMENTusing a computer program
” Mobile application” Doctor Online for IOS and Android platforms ” and the computer program” Doctor Online “(” Doctor Online “)
1. Terms and definitions
1.1. Public Offer – Licensee’s offer addressed to any individual in accordance with Article 633 of the Civil Code of Ukraine, to conclude an Agreement with him on the terms contained in the public offer (hereinafter referred to as Public Offer or Agreement.
1.2. Agreement – an agreement on granting non-exclusive usage rights (license) computer program ”Mobile application” Doctor Online for IOS and Android platforms” and the computer program ” Doctor Online ” (“Doctor Online”)
concluded between the User and the Licensor on the conditions of the public offer at the time of acceptance of Korystuvachem its terms (hereinafter in the text – Treaty).
1.3. Services – providing rights and to use the computer program ” Doctor Online “, providing there is ARE Licensor users.
1.4. The computer program ” Mobile application ” Doctor Online” for IOS and Android platforms or computer program ” Doctor Online ” (” Doctor Online “) – Software – Mobile application, which is the owner of Licensor that enables users to make reminders and enforcement of prescription the parameters, user-defined (further on into the – ” Application “).
1.5. Application Demo – An earlier free limited version of the Application that allows anyone to familiarize themselves with the Application before registering.
1.6. Account – a set of data about users, you must s for its authentication.
1.7. User – an individual who has reached 14 years, which has the necessary volume of civil the capable of centuries and which concluded with the Licensor Agreement on the terms contained in the public offer by acceptance.
1.8. Licensor – a legal entity LLC ” Doctor Online” (enterprise code 43192678), which gives the right to use the Application to the conditions contained in the public offer.
1.9. Acceptance is the full and unconditional acceptance by the User of the terms of the Public Offer.
1.10. Legislation is the current legislation of Ukraine.
2. Subject matter of the Agreement
2.1. The Licensor proposes to enter into an Agreement for the grant of a non-exclusive right to use (license) the Application under the terms set out in this Agreement.
2.2. User through registration to enter the application accepts this Agreement and unconditionally agrees to the Terms of Service with which the public offer and obligations ‘ Liabilities entrusted to the User under this public offer and commitments ‘ undertake to follow them.
3. Registration of the User
3.1. In order to use the Add-on, the User must be registered (create an Account).
3.2. The user must complete the following registration procedure:
3.2.1. fill in the Registration Form;
3.2.2. consent to the processing by the Licensor of the User’s personal data;
3.2.3. to agree to the terms of the User Agreement, by the method prescribed in clause 3.3 of the User Agreement.
3.3. The User Agreement enters into force by agreeing the User with its terms in the form, by clicking on the User button “I accept the terms of the User Agreement” in the registration form.
3.4. By filling in and registration form, the User agrees to provide accurate and truthful information about himself. If the User provides false information about himself, the Licensor shall have the right to refuse such User access to the Application.
3.5. The Licensor gives the User the ability to create a Personal User Account.
3.6. The user confirms at the time of registration that he or she is 14 years old and has sufficient civil capacity and capacity. The agreement entered into with the Licensor under the terms of this offer is a small household transaction.
3.7 Upon completion of registration, the User has a login (telephone number) and password (PIN code) for entering his personal account.
3.8. The user is solely responsible for the security of his / her login and password (for transferring this information to third parties), as well as for all activities that will be done under his / her Account.
3.9. User obligations ‘ undertake to immediately inform Licensor in case of unauthorized access to their account by third parties or any other breach of security.
3.10. The User fully accepts the condition that he or she is solely responsible for all information, data, text, photos published or partially transmitted through the Appendix.
3.11. User agrees not to use the App for:
3.11.1. uploading, posting or otherwise publishing publicly available material that is defamatory or infringing on copyright and / or other rights, property rights;
3.11.2. A seat spare either as first outsider information, advertising and not provided first data and resource use rights;
3.11.3. A seat spares any whose Internet links b, which are available for public use on other Internet resources;
3.11.4. r tings themselves for a stranger, or submitting information, which is not true with respect to the information ‘s;
3.11.5. A seat spares any information that does not belong to the user, or is manually assigned.
3.12. If the Licensor suspects the User of committing unlawful acts, including: bank card fraud, spamming, malware, other activities that violate the terms of this Public Offer, the Licensor may apply to the relevant public authorities with a statement and / or block and / or delete the User Account.
3.13. User, by registering in the Annex, confirming that he is fluent in Ukrainian language, called ‘ connection with which declares that this Public offer cannot be declared invalid or not accepted by the User merely on the grounds that it is in Ukrainian.
4.1. The Application (and all its elements) as a computer program is subject to copyright, the proprietary rights of which are fully owned by the Licensor and are protected by the copyright and intellectual property laws of Ukraine, as well as the relevant international agreements and conventions.
4.2. Any use in the Annex of intellectual activity (including elements of visual design, symbols, texts, graphics, illustrations, photos, videos, software, music, trademarks and other about ‘ objects) without written permission of Licensor or legitimate holder is unlawful and may give rise to legal proceedings and prosecution of perpetrators under civil, administrative and criminal liability.
4.3. Except as set forth in this Public Offer and applicable law, no intellectual property result may be copied, reproduced, distributed, published, copied, transmitted, sold or otherwise used in whole or in part, without the prior written permission of the License as the rightful owner.
4.4. Access to results of intellectual activity in the Annex, is given Licensor for personal non-commercial use to learn about them only through the application, without the right to play (including backup / load / save) the following about ‘ objects in memory ‘ Five User’s electronic devices, and without the right to any other use, are not provided for in the Agreement, including their sale, modification, distribution in whole or in part, etc.
4.5. Licensor reserves the right at any time to remove from Annex any results of intellectual activity, placed in it, without notice to User.
5. Legal status of the User
5.1. User has the right to:
5.1.1. post any information that is not contrary to the law and the provisions of the Agreement;
5.1.2. use the Appendix in the manner specified by the Agreement, unless such use is intended to generate profit or income;
5.1.3. to get acquainted with the Application before registration by trying out the Demo version of the Application;
5.1.4. to register (to receive a personal Account) in accordance with the provisions of the Agreement;
5.1.5. discontinue use of the Application and abandon the account created by it by sending a corresponding request to the Licensor;
5.1.6. other rights of the User, provided by this Public Offer and the Law.
5.2. User obligations ‘ undertake:
5.2.1. comply with the provisions of the applicable Legislation, the Agreement and other special documents of the Licensor;
5.2.2. use the capabilities of the Annex only for lawful purposes, to comply with applicable law, and the terms of this Agreement;
5.2.3. in case of receiving any separate paid services in the future, to pay for the Services in the amount and in the order determined by separate additional agreements;
5.2.4. refrain from taking any action that interferes with the operation of the Licensor and the operation of the Application, as well as from any other action that infringes the rights of the Licensor and / or third parties;
5.2.5. not reproduce, duplicate, copy, sell, resell, or otherwise use the Application or any portion of its content without the consent of the Licensor;
5.2.6. provide accurate, up-to-date and complete information about yourself when registering (creating an Account);
5.2.7. take appropriate measures to ensure that your account and passwords are maintained;
5.2.8. not to transfer, concede, sell, transfer or use the Account to third parties;
5.2.9. not attempt to disable or otherwise interfere with any technical means of protecting the Application;
5.2.10. properly perform the other duties provided for in this Public Offering.
5.3. The user is prohibited from using the App:
5.3.1. upload, post and otherwise transmit material and how and, thanks to UT or WMS UT harm the honor, dignity and business reputation of a citizen or business reputation of any organization;
5.3.2. download, publish and otherwise transmit material containing obscene words and expressions;
5.3.3. download, publish and otherwise transmit erotic and pornographic material or hypertext links to Internet resources containing such material;
5.3.4. upload, publish, and otherwise transmit suicide-promoting content describing suicide practices and any incentives to commit them;
5.3.5. download, publish, and otherwise transmit content related to occult topics and activities;
5.3.6. download, publish and otherwise transmit advertisements and other information on narcotic and psychotropic substances, including information on the distribution of drugs, prescriptions for their manufacture and tips on their use;
5.3.7. download, publish and otherwise transmit material that violates the rights of minors;
5.3.8. download, publish and otherwise transmit fraudulent material;
5.3.9. to gain unauthorized access to the accounts of other Users by collecting or entering a password, and to attempt such access.
6. Legal status of the Licensor
6.1. Licensor has the right to:
6.1.1. the ongoing management application, to determine its structure, at any time change its content, design, list of services, modify or supplement the software and more about ‘ objects at any time with or without notice it;
6.1.2. send to user’s messages concerning the use and novelties of the Application;
6.1.3. remove at its sole discretion any information that violates and / or may violate the Law, the terms of the Agreement and the rights of third parties;
6.1.4. take other actions to improve the quality and ease of use of the Application by Users;
6.1.5. without special notice to the User to modify and / or supplement this Public Offer. Changes / additions shall take effect upon their posting in the Appendix, unless otherwise specified by the Licensor;
6.1.6. at any time to request from the user to verify the data specified in the registration and invite in connection ‘ connection with the supporting documents. Failure to provide such documents to the discretion of Licensor may be likened to giving false information in connection ‘ connection with which the latter is entitled to refuse User registration;
6.1.7. conduct marketing activities, including by sending up-to-date information to the User’s e-mail and / or in the form of SMS messages;
6.1.8. other Licensor’s rights under this Public Offering.
6.2. Mandatory ‘ bandages Licensor:
6.2.1. accept and process the User registration forms;
6.2.2. not place in the App any files that contain or may contain viruses and other malicious programs;
6.2.3. not describe or promote criminal activity, do not post instructions or guidance on criminal activity;
6.2.4. not to post in the Appendix any information that violates the rights of third parties to the results of intellectual activity;
6.2.5. to accept funds for payment for the Services, if such payment method is provided on the Site and / or in the Annex;
6.2.6. others required ‘ bandages Licensor under this public offer.
7. Payment for Services
7.1. Providing certain services to a related and using applications may be provided by the Licensor for a fee.
7.2. In the case of the provision of separate payment services, their costs and payment terms shall be indicated in a separate document and agreed separately. Payment for such services is made by the User by transferring funds in favor of the Licensor through payment systems and payment methods supported by the Licensee. The list of payment systems and methods available for payment is determined unilaterally by the Licensor and is indicated in the Annex.
8.1. User is responsible for the accuracy and reliability of the information referred to him in completing registration forms, to preserve their Account account and password the, and all actions are performed under its Appendix O blikovym account and password.
8.2. You are responsible for their own actions in connection ‘ connection with the creation and posting comments on the Annex in accordance with applicable law.
8.3. If pre ‘ phenomenon of third party claims against the Licensor, floor ‘ related to actions User User obligations ‘ undertake their own and at their own expense to settle these claims by third parties, protecting Licensor from possible damages and compensation.
8.4. If, as a result of claims from third parties, the Licensor causes damages and / or the Licensor will pay such third parties penalties, compensations, damages, costs, etc., the Licensor has the right to claim, and the User is obliged to indemnify them to the Licensor (penalties, compensations, damages, expenses, payments, etc.).
9. Limitation of Liability
9.1. The Licensor is not responsible for:
9.1.1. the accuracy and authenticity of medicinal prescriptions, the parameters of which are entered by the User;
9.1.2. unlawful or other actions of the User and / or third parties that prevent the use of the Application by other users;
9.1.3. for any actions of the User;
9.1.4. for the accuracy and correctness of the information provided by the User at registration;
9.1.5. for any errors, omissions, interruptions, deletions, defects, delays in processing or transmission of data, unauthorized access of third parties to the results of intellectual activities contained in the Annex;
9.1.6. for the compliance of the Application in whole or in its sections with the expectations of the User, the error-free and uninterrupted operation of the Application, the termination of the User’s access to the Application for any reason;
9.1.7. loss of the User’s ability to access the Account created by him (loss of login, password, other information necessary for using the Application);
9.1.8. incomplete, inaccurate or incorrect indication by the User of his / her data when creating the Account;
9.1.9. User’s lack of access to the Internet and quality of services of Internet providers;
9.1.10. the content of the advertising displayed through the App.
9.2. Licensor does not warrant that:
9.2.1. The application will meet subjects ‘ subjective needs and expectations of users;
9.2.2. the operation of the Application will proceed continuously, quickly, without technical failures, reliably and without errors;
9.2.3. The application will be available for use around the clock, at any point in time or for a specified period.
9.3. The Licensor shall not be liable for direct or indirect damage, as well as the lost profit of the User or third parties as a result of:
9.3.1. use or inability to use the Application;
9.3.2. unauthorized third-party access to personal information of users, including one that Preferred ‘ related to established the Account record;
9.3.3. statements or behavior of third parties.
9.4. In all circumstances, the Licensor’s liability to the User is limited to an amount not exceeding the amount of payments received by the Licensor from the User prior to the occurrence of the circumstances that gave rise to the Licensor’s liability.
10. Dispute resolution
10.1. All disputes arising out of this Agreement shall be settled by negotiation between the Parties.
10.2. Any claims by the user, arising in connection ‘ connection with this Agreement shall be subject to pre ‘ Appearance Licensor via email to firstname.lastname@example.org.
10.3. Licensor shall not consider anonymous claims or claims that do not allow to identify the user based on the data, provided during registration.
11. Personal data
11.1. The user accepting the terms of this Public Offer, gives his consent in accordance with the Law of Ukraine “On Protection of Personal Data” of 01.06.2010. No. 2297-VI (hereinafter – the Law) for the processing by the Licensor of his personal data and confirms that, by giving such consent, he acts at his will and in his interests. The consent extends to the following information: name, surname, patronymic, e-mail address, telephone number and other information relating to the User, as well as the following personal data provided by the User both when filling in the registration form and when filling out his profile; cookies; IPs; Internet browser settings and settings. Consent to the processing of personal data is provided by the User for the purpose of performing this Agreement for carrying out any actions concerning personal data, including, but not limited to: collection, systematization, accumulation, storage, adaptation, refinement (updating, modification), use, distribution (in including through implementation or transfer), cross-border transfer, impersonation, blocking, destruction, as well as any other activities with personal data in accordance with applicable law.
11.2. The processing of personal data is carried out by the Licensor in the following ways: processing of personal data using automation means. The processing of personal data by the Licensor is not limited in the application of the methods of their processing.
11.3. Personal data provided by the User will be made available to the Licensor staff. Licensor does not sell or disclose personally identifiable information to third parties without the need for it except as provided in this Agreement. In particular, the Licensor may use the services of third parties to process the User’s personal data. This processing is carried out for various purposes, for example, for the distribution of information materials. Third-party service providers agree to be bound by confidentiality and may not use the User’s personal information for any other purpose. The Licensor also transfers personal data of the User to law enforcement, tax, fiscal and other competent authorities to the extent required by the current legislation of Ukraine, or, if necessary to prevent, detect or terminate criminal acts and fraud, as well as to protect rights the property of the Licensor and third parties.
11.4. The User’s permission to process personal data is valid for the entire duration of this Agreement. By concluding this Agreement, the User confirms that the volume of the Licensee’s rights as a subject of personal data in accordance with the Law of Ukraine “On Protection of Personal Data” is known and understood to him.
11.5. Our App make use of the Apple Health App («HealthKit») for iOS devices. Doctor Online App won’t transfer your unique health data to any third parties for marketing or advertising. Also you can remove access at any time either inside our App or inside the Apple Health app.
- 12. General data protection rules
12.2. The following types of personal information can be collected, stored and used:
– Information about the User’s computer, including IP address, geographical location, browser type and version, and operating system;
– Information about visiting and using the App, including referral source, length of visit, page views and navigation routes;
– Information that the User enters when registering with the Application, such as e-mail;
– Information that the User enters when creating a profile in the Application. For example, name, date of birth;
– Information the User enters to set up subscriptions to emails and / or newsletters (newsletters);
– Information generated when using the Application, including when, how often and under what conditions the User uses it;
– Information relating to all services of our Application that the User uses, or a transaction that the User makes through the Application, which includes name, telephone number, e-mail address;
– Any other personal information that the User provides to the Licensor when using the Application;
– Third-party information from which personally identifiable information has been removed, such as anonymized clinical cases, other information transmitted for scientific or educational purposes or for statistical and marketing purposes.
12.3. Use of personal information. Personal Information provided to Licensor through the Appendix:
– Administration of the Application;
– Personalization of the Application;
– Providing access to services available when using the Application;
– Sending statements, invoices and payment reminders for the use of some of the App’s paid services;
– To send to the User marketing commercial messages;
– Sending e-mails to which the User will make a separate request;
– Send to the User e-mails (newsletter), if the User subscribes to it (the User can unsubscribe at any time);
– To send to the User marketing communications related to the Application or third party business which, in the Licensee’s opinion, may interest the User;
– Providing third parties with statistical information about Licensee users;
– Handling requests and complaints sent by the User regarding the operation of the Application;
– Application security and fraud prevention;
– Verification of compliance with the conditions governing the use of the Annex;
– Other uses. Privacy settings may be used to limit the User’s information in the Application and the User may at any time terminate the use of the Services of the Application and / or request the removal of their login information.
12.4. International data transfer:
12.4.1. The information that the Licensor collects may be stored, processed and transmitted between any of the countries in which the Licensor operates in order to allow the use of the information in accordance with this policy.
12.4.2. The information that the Licensor collects may be transmitted to countries that do not have data protection laws equivalent to those in force in the European Economic Area.
12.4.3. Personally identifiable information posted by the User in the Application may be made available online to registered users of our website worldwide. We cannot prevent the use or misuse of such information by them.
12.4.4. User agrees to the transfer of personal information described in this section.
12.5. Retention of personal information:
12.5.1. This section sets out the data retention policies and procedures that are designed to ensure that the Licensor complies with the legal obligations to retain and delete personal information.
12.5.2. Personal information that the Licensor processes for any purpose cannot be retained upon termination of the User’s registration in the Application and removal of his or her registration data for this reason.
12.5.3. The User’s data will be immediately deleted at his request, sent in an email to the administrator of the Application.
12.5.4. Notwithstanding the other provisions of this section, Licensor will retain documents (including electronic documents) containing personal data:
a) to the extent that the Licensor must do so in accordance with the law;
b) if the Licensor considers that the documents may be relevant to any current or future litigation;
c) to establish, exercise or protect the Licensor’s legal rights (including providing other information to prevent fraud and reduce financial risk).
12.6. Security of User’s personal information:
12.6.1. Licensor will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of User’s personal information.
12.6.2. Licensor will store all personal information of the User on the Licensor’s secure (password protected and firewall protected) servers.
12.6.3. All electronic financial transactions entered through the Annex will be protected by encryption technology.
12.6.4. The user acknowledges that the transmission of information over the Internet is inherently dangerous and the Licensor cannot guarantee the security of the data transmitted over the Internet.
12.6.5. The User is responsible for keeping the password that he uses to access the Application confidential and the Licensor will not ask for the password (unless the User is included in the Application).
13. Final Provisions
13.1. This Public Offer and all relations between the Licensor and the User arising from this Public Offer are governed by the Law.
13.2. If, for one reason or another, any of the terms of this Public Offering are declared invalid or invalid, this does not affect the validity or applicability of the other terms of the Public Offering.
13.3 This Public Offer is valid for an indefinite period and extends to all Users starting from the moment of their registration.
13.4. This Public Offering shall take effect upon its placing on the Annex.
14. Apple Healthkit
Apple HealthKit. We use Apple’s (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) HealthKit (for more information see here) framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with the user’s explicit consent – lets apps communicate with the HealthKit store to access and share this data. We process the following data, obtained through the HealthKit framework and the Apple CoreMotion processor (for more information see here), for the purposes described below and with explicit consent by the user: steps, calories, distance, duration, and heart rate. New data attributes may be added to the HealthKit framework, which will be portrayed in the Product and which you have to consent to. Doctor Online analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. Doctor Online does not use information gained through the HealthKit framework for advertising or similar services. You can always stop Doctor Online from accessing your data by changing the settings of your mobile device.