Terms of Use

TO USE THIS MOBILE APPLICATION, YOU MUST ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU WILL NOT BE ABLE TO USE THIS MOBILE APPLICATION.

Welcome to the Diagnosis+ mobile app (“App”).  These Terms and Conditions of Use (“Terms”) govern your use of the Diagnosis+ (“our,” “us” or “we”) App.  Please read the terms in full before using our App.  By accepting these Terms, or by downloading, accessing or using our App, you agree to be legally bound by these Terms, our Privacy Policy [diagnosis.plus/privacy], and any other underlying agreements or terms. If you do not agree to these Terms, please do not use our App.  We reserve the right to modify these Terms at any time without prior notice, and your use of the App binds you to the changes made.  We do occasionally update these Terms so please review them regularly in connection with your use of the App. 

Access to App 

You may only access our App by downloading it from third-party websites or applications.    These Terms are only applicable to the use of our App.  We do not have any control over third-party websites or applications, and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s or application’s terms of use and conditions and privacy policies when you choose to download our App from those websites. 

Registration

You may not request or open a Diagnosis+ account for any person other than yourself. By accepting these Terms or downloading, accessing or using our App, you represent and warrant that you are authorized to open this account and that you do so solely on your own behalf (you may not allow any other person or entity to use your account). You must provide us with your e-mail address in order to activate your account. You are responsible for updating your e-mail address and, as applicable, any and all personal information, including without limitation, relevant health information, related to your account in a timely and accurate manner. 

DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.

THE APP IS NOT INTENDED FOR USE IN AN EMERGENCY OR URGENT MEDICAL SITUATION. DO NOT SEND URGENT OR EMERGENCY MESSAGES USING THE APP. IN CASE OF AN EMERGENCY YOU SHOULD CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE PLEASE CALL US DIRECTLY AT [860-917-8031].

THIS APP IS NOT INTENDED TO SUBSTITUTE, AND IT DOES NOT REPLACE, PROFESSIONAL MEDICAL ADVICE AND TREATMENT FROM A QUALIFIED HEALTH CARE PROFESSIONAL.  

Use of Health information

Diagnosis+ may allow you to transfer health information from your interactions with health care providers and/or patients, as applicable, through the App. Once you have transferred this information to your account, the use and disclosure of any personal and/or medical information from within the App to third parties is governed by state and federal regulations and these Terms.

Any communication between you and Diagnosis+ via the App occurs via a secure, encrypted connection. You may receive e-mail notifications of new communications; these e-mails will not contain any personal or health information. You are responsible for timely reviewing such messages and you agree that Diagnosis+ shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read any App notifications, messages or other communications. Please refer to our Privacy Policy [diagnosis.plus/privacy] for additional information. 

Posting of information to your account is done at the sole discretion of Diagnosis+. You agree not to upload or transmit any communications or content of any kind that infringes or violates any rights of any party. You agree not to post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined in Diagnosis+’s sole discretion. You agree to adhere to the restrictions set forth in the “User Conduct” section below. 

Use of App 

Our App, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided, and the collection and compilation and assembly thereof are the exclusive property of Diagnosis+ and are protected by U.S. and international copyright laws.  

The contents of our App may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.  

Any other trademarks or service marks appearing anywhere on our App are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Diagnosis+ has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this App for commercial profit or gain.  Nothing in these Terms or on the App shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.  We hold all rights to the content on this App.

As a condition of your use of the App, you will not use the App, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our App is being used, or prohibited by these Terms or any other conditions and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the App contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the App, or any contents or services.  You may not attempt to gain access to any portion of the App, or any of its contents or services, other than those for which you are authorized.    

While every effort is made for the timeliness and accuracy of the App content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.  

We make no representation or warranty, express or implied, with respect to the content of the App, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability.  We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this App, or the results to be obtained from using the App.  We make no representation or warranty that the App or content is free from defects or viruses.  Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the App does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the App.  While every effort is made for smooth and continuous operation, we do not warrant the App will operate error free. 

By submitting a telephone number to Diagnosis+ you agree that a representative of Diagnosis+ can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message.  Your consent is not an obligation to receive any of our services.

App Uptime

We take all reasonable steps so that our App is available 24 hours every day, 365 days per year. However, mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this App is unavailable at any time. 

Our App may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so. 

User Conduct

When using our App, you shall not post or send to or from the App:

(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our App is being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our App in breach of this Section.   

You shall not use our App while distracted or preoccupied, such as when operating a motor vehicle or heavy machinery.  You should access our App only with due regard for your own safety and the safety of others. 

YOU UNDERSTAND THAT THE APP WILL ALLOW YOU ACCESS TO CLINICAL AND OTHER HEALTH INFORMATION THAT MAY BE SUBJECT TO SPECIFIC PROTECTIONS UNDER APPLICABLE LAW OR THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR ANY SHARING OF ANY SUCH CONTENT, WHETHER YOU COMMUNICATE SUCH INFORMATION TO OTHERS INTENTIONALLY OR UNINTENTIONALLY.

Links to and from Third Party Websites

Any links furnished on our App may allow you to leave our App.  These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked websites(s) or any changes or updates to any of these websites.  We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising.  We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s). 

If you would like to link to our App, you may only do so on the basis that you link to, but do not replicate, any page of our App, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our App in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions. 

Disclaimers

All information on our App is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on this server could include technical inaccuracies or typographical errors.  Changes are periodically added to the information contained on our App.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the App or reliance on the information from either. 

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS APP, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

DIAGNOSIS+ DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR APP OR SERVICE. 

MEDICAL INFORMATION DISCLAIMER

YOU ACKNOWLEDGE THAT THE INFORMATION IN THE APP IS PROVIDED “AS IS” FOR GENERAL INFORMATIONAL PURPOSES ONLY. 

INFORMATION AND OTHER CONTENTS PROVIDED THROUGH THE APP ARE NOT INTENDED, AND SHALL NOT BE CONSTRUED, AS MEDICAL OR OTHER HEALTH ADVICE, AND/OR DIAGNOSIS OR TREATMENT. 

THIS APP IS INTENDED TO BE USED IN CONJUNCTION WITH OVERSIGHT FROM QUALIFIED HEALTH CARE PROFESSIONALS. AS APPLICABLE, THIS APP IS NOT A SUBSTITUTE FOR AND DOES NOT REPLACE CONSULTATIONS WITH  AND TREATMENT FROM QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH INDIVIDUAL MEDICAL NEEDS.

Limitation of Liability

YOUR USE OF OUR APP IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE APP, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. 

You acknowledge that you understand and assume full responsibility for the risks associated the use of the App, and your use of the same, as well as the services provided, is at your sole risk. Diagnosis+ is not liable to you, or any third party, for any decision made or action taken by your or anyone third party based on information contained in the App, or provided through related services; or, due to reliance upon information contained on the App or provided through the services.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the App or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law 

We make no representations that the content or the App is appropriate or may be used or downloaded outside the United States. Access to the App and/or the content may not be legal in certain countries outside the United States.  If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the App. 

Our App and its content is created and controlled by the laws of the State of Connecticut, United States of America.  The App, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Connecticut, and applicable United States federal laws.  Use of our App constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our App is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our App, as may be required.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the App, and any other applicable agreements, shall constitute the entire agreement between you and us concerning use of the App.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

Diagnosis+ LLC
P.O. Box 582,
Groton, CT 06340
Phone Number: 860-917-8031        

Email: app@diagnosis.plus

Effective Date: February 1, 2022 
 In order to use the Diagnosis+ mobile application, you must agree to the terms and conditions contained in these Terms of Use and Conditions, which is a legal agreement to which you are contractually bound. By clicking the box, you are certifying that you are signing on behalf of yourself, that you have the legal authority to do so, and that you are contractually bound by the terms and conditions above. Your agreement with Diagnosis+ shall become effective when you click the box and shall continue thereafter until terminated by either you or Diagnosis+.  Certain terms, conditions and obligations set forth under these Terms that expressly or by their nature are intended to survive termination shall survive termination of the Terms.